DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of the Application
Claims 1-19 are pending and have been examined in this application. This communication is the first action on the merits. As of the date of this application, the Information Disclosure Statement(s) (IDS) filed on 06/30/2023 has/have been taken into account.
Claim Objections
Claims objected to because of the following informalities:
Claims 15 and 16 each recite “megagauss- oesterds”. This should read “megagauss-oersteds” (emphasis added).
Claim 19 recites “wherein the band body is made out of an elastic material; at least one mounting platform, wherein the band body is made out of an elastic material”. The emphasized portion is a duplicate limitation and should be removed.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 8 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 8 recites “the beveled face comprises a specified bevel angle ranging from 0 to 90 degrees”. – A bevel with an angle of 0 degrees is a flat surface and 90 would form a square corner, as such this range is indefinite.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-8, 10-11, 13, and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Macias et al. (US 2014/0259552) in view of Marchesi (US 6,101,688).
In regards to Claim 1, Macias discloses a magnetic band for smoking device comprising: a band body (Macias: Annotated Fig. 3; B); at least one mounting platform (Macias: Fig. 3; 310); at least one magnet aperture (Macias: Fig. 3; 320); at least one magnet cavity (Macias: Annotated Fig. 3; C); at least one magnet insert (Macias: [0029]; magnet); the band body comprising an interior surface (Macias: Annotated Fig. 3; S1) and an exterior surface (Macias: Annotated Fig. 3; S2); the at least one mounting platform being positioned adjacent to the exterior surface; each of the at least one magnet cavity being positioned within each of the at least one mounting platform; each of the at least one magnet aperture traversing from the band body to each of the at least one magnet cavity; and each of the at least one magnet insert being positioned within each of the at least one magnet cavity, wherein each of the at least one magnet insert is configured to slip through each of the at least one magnet aperture and install along each of the at least one magnet cavity (Macias: [0029]).
Macias fails to disclose the at least one mounting platform being distributed about the exterior surface of the band body. However, Marchesi teaches at least one mounting platform (Marchesi: Fig. 1-3; 2) the at least one mounting platform being distributed about an exterior surface of a body (Marchesi: Fig. 3).
Macias and Marchesi are analogous because they are from the same field of endeavor or a similar problem solving area e.g. magnetic supports. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the mounting platforms in Macias with the exterior protruding mounting platform structure from Marchesi, with a reasonable expectation of success, in order to provide a mounting platform having an external protruding shape which has improved centering characteristics (Marchesi: Col. 1, Ln. 48-52), thereby helping to align the magnet with an item as well as making it easier for a user to discern the location of the magnetic areas in a low light situation.
In regards to Claim 2, Macias, as modified, teaches the magnetic band for smoking device as claimed in claim 1, comprising: each of the at least one magnet aperture (Macias: Fig. 3; 320) traversing from the interior surface to each of the at least one magnet cavity (Macias: Annotated Fig. 3; C).
In regards to Claim 3, Macias, as modified, teaches the magnetic band for smoking device as claimed in claim 1, comprising: each of the at least one mounting platform comprising a mounting body (Marchesi: Annotated Fig. 3; M) and a mounting surface (Marchesi: Fig. 3; 5); the mounting body traversing out from the exterior surface; and the mounting surface being positioned adjacent to the mounting body, opposite to the exterior surface.
In regards to Claim 4, Macias, as modified, teaches the magnetic band for smoking device as claimed in claim 3, comprising: the mounting surface (Marchesi: Fig. 3; 5) being oriented parallel to the interior surface (Macias: Annotated Fig. 3; S1).
In regards to Claim 5, Macias, as modified, teaches the magnetic band for smoking device as claimed in claim 3, comprising: the mounting body (Marchesi: Annotated Fig. 3; M) being oriented perpendicular to the interior surface (Macias: Annotated Fig. 3; S1).
In regards to Claim 6, Macias, as modified, teaches the magnetic band for smoking device as claimed in claim 3, comprising: the mounting surface (Marchesi: Fig. 3; 5) being oriented perpendicular to the mounting body (Marchesi: Annotated Fig. 3; M).
Claim 7 is rejected, as set forth in the rejections of claims 3-6.
In regards to Claim 8, Macias, as modified, teaches the magnetic band for smoking device as claimed in claim 1, comprising: each of the at least one mounting platform comprising a mounting body (Marchesi: Annotated Fig. 3; M), a mounting surface (Marchesi: Fig. 3; 5), and a beveled face (Marchesi: Annotated Fig. 3; B); the mounting body traversing out from the exterior surface (Macias: Annotated Fig. 3; S2); the mounting surface being positioned adjacent to the mounting body, opposite to the exterior surface; and the beveled face being positioned between the mounting body and the mounting surface, wherein the beveled face comprises a specified bevel angle ranging from 0 to 90 degrees.
In regards to Claim 10, Macias, as modified, teaches the magnetic band for smoking device as claimed in claim 1, wherein the at least one mounting platform is hexagonal in shape (Marchesi: [0026]; can be any shape).
In regards to Claim 11, Macias, as modified, teaches the magnetic band for smoking device as claimed in claim 1, wherein the band body and the at least one mounting platform are made out of an elastic material (Macias: [0005], [0026]; elastic material, silicone).
In regards to Claim 13, Macias, as modified, teaches the magnetic band for smoking device as claimed in claim 1, but fails to disclose an interior surface that comprises a specified band inner diameter ranging from 20 to 45 millimeters.
Macias discloses the claimed invention except for the specific diameter. It would have been an obvious matter of design choice to one of ordinary skill in the art at the time the invention was filed to change the size of the band in Macias, with the motivation of providing a band having a diameter that best accommodates a specific tool (Macias: [0031]) and since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955); Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984).
In regards to Claim 17, Macias, as modified, teaches the magnetic band for smoking device as claimed in claim 3, wherein the mounting surface (Marchesi: Fig. 3; 5) is a flat surface.
In regards to Claim 18, Macias discloses a magnetic band for smoking device comprising: a band body (Macias: Annotated Fig. 3; B); at least one mounting platform (Macias: Fig. 3; 310); at least one magnet aperture (Macias: Fig. 3; 320); at least one magnet cavity (Macias: Annotated Fig. 3; C); at least one magnet insert (Macias: [0029]; magnet); the band body comprising an interior surface (Macias: Annotated Fig. 3; S1) and an exterior surface (Macias: Annotated Fig. 3; S2); the at least one mounting platform being positioned adjacent to the exterior surface; each of the at least one magnet cavity being positioned within each of the at least one mounting platform; each of the at least one magnet aperture traversing from the band body to each of the at least one magnet cavity; each of the at least one magnet insert being positioned within each of the at least one magnet cavity, wherein each of the at least one magnet insert is configured to slip through each of the at least one magnet aperture and install along each of the at least one magnet cavity (Macias: [0029]); the mounting body traversing out from the exterior surface; and the mounting surface being positioned adjacent to the mounting body, opposite to the exterior surface.
Macias fails to disclose each of the at least one mounting platform comprising a mounting body and a mounting surface; the at least one mounting platform being distributed about the exterior surface of the band body; the mounting body traversing out from the exterior surface; and the mounting surface being positioned adjacent to the mounting body, opposite to the exterior surface. However, Marchesi teaches at least one mounting platform (Marchesi: Fig. 1-3; 2) comprising a mounting body (Marchesi: Annotated Fig. 3; M) and a mounting surface (Marchesi: Fig. 3; 5); the at least one mounting platform being distributed about an exterior surface of a body (Marchesi: Fig. 3); the mounting body traversing out from the exterior surface; and the mounting surface being positioned adjacent to the mounting body, opposite to the exterior surface. [Note: See the rejection of claim 1 for motivation and/or rationale.]
In regards to Claim 19, Macias discloses a magnetic band for smoking device comprising: a band body (Macias: Annotated Fig. 3; B), wherein the band body is made out of an elastic material (Macias: [0005], [0026]; elastic material, silicone); at least one mounting platform, wherein the band body is made out of an elastic material; at least one magnet aperture (Macias: Fig. 3; 320); at least one magnet cavity (Macias: Annotated Fig. 3; C); at least one magnet insert (Macias: [0029]; magnet); the band body comprising an interior surface (Macias: Annotated Fig. 3; S1) and an exterior surface (Macias: Annotated Fig. 3; S2); the at least one mounting platform being positioned adjacent to the exterior surface; each of the at least one magnet cavity being positioned within each of the at least one mounting platform; each of the at least one magnet aperture traversing from the band body to each of the at least one magnet cavity; and each of the at least one magnet insert being positioned within each of the at least one magnet cavity, wherein each of the at least one magnet insert is configured to slip through each of the at least one magnet aperture and install along each of the at least one magnet cavity.
Macias fails to disclose the at least one mounting platform being distributed about the exterior surface of the band body. However, Marchesi teaches at least one mounting platform (Marchesi: Fig. 1-3; 2) the at least one mounting platform being distributed about an exterior surface of a body (Marchesi: Fig. 3).
Claims 9 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Macias et al. (US 2014/0259552) in view of Marchesi (US 6,101,688) as applied to claim 1 above, and further in view of Song (KR 20-2022-002636). [Note: The provisional parent application 63/135,371 does not disclose any subject matter in regards to specific dimensions and therefore the provisional filing date does not apply.]
In regards to Claim 9, Macias, as modified, teaches the magnetic band for smoking device as claimed in claim 1, comprising: each of the at least one mounting platform (Marchesi: Fig. 1-3; 2) comprising a mounting body (Marchesi: Annotated Fig. 3; M), an interior wall (Macias: Annotated Fig. 3; interior of C), and a mounting surface (Marchesi: Fig. 3; 5); the mounting body traversing out from the exterior surface; and the mounting surface being positioned adjacent to the mounting body, opposite to the exterior surface; the interior wall being positioned between the at least one magnet cavity (Macias: Annotated Fig. 3; C) and the mounting surface.
Macias fails to explicitly disclose the interior wall comprises a specified wall thickness ranging from 0.5 to 2.5 millimeters. However, Song teaches an interior wall comprises a specified wall thickness (Song: Fig. 5; D3) ranging from 0.5 to 2.5 millimeters.
Macias and Song are analogous because they are from the same field of endeavor or a similar problem solving area e.g. magnetic supports. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the interior wall of Macias with the thickness from Song, with a reasonable expectation of success, in order to provide a specific thickness that prevents the weaking of the magnetic force radiating outward (Song: [0047]).
In regards to Claim 14, Macias, as modified, teaches the magnetic band for smoking device as claimed in claim 1, but fails to disclose where the at least one magnet aperture comprises a specified aperture diameter ranging from 2 to 6 millimeters.
However, Song teaches one magnet aperture comprises a specified aperture diameter (Song: Fig. 5; D1-1) ranging from 2 to 6 millimeters.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the aperture of Macias with the aperture size and diameter from Song, with a reasonable expectation of success, in order to provide a specific shape and dimension that is suitably smaller than the magnet cavity, ensuring that the magnet is stably fixed (Song: [0044]).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Macias et al. (US 2014/0259552) in view of Marchesi (US 6,101,688) as applied to claim 9 above, and further in view of Friedrich (DE 20 2019 106 435).
In regards to Claim 12, Macias, as modified, teaches the magnetic band for smoking device as claimed in claim 1, wherein the band body and the at least one mounting platform are made out of an elastic material (Macias: [0005], [0026]; elastic material, silicone).
Macias fails to disclose an elastic material comprising a specified durometer hardness ranging from 30 to 50 shore A hardness. However, Friedrich teaches an elastic material comprising a specified durometer hardness ranging from 30 to 50 shore A hardness (Friedrich: [0022]).
Macias and Friedrich are analogous because they are from the same field of endeavor or a similar problem solving area e.g. magnetic supports. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the material in Macias with the hardness from Friedrich, with a reasonable expectation of success, in order to provide a specific material hardness that ensures a tight surface and prevents an attached item from being scratched (Friedrich: [0020], [0022]).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Macias et al. (US 2014/0259552) in view of Marchesi (US 6,101,688) as applied to claim 1 above, and further in view of Hundley (US 2007/0017924).
In regards to Claim 15, Macias, as modified, teaches the magnetic band for smoking device as claimed in claim 1, but fails to disclose the at least one magnet insert comprises a specified magnet power ranging from 35-52 megagauss- oesterds.
However, teaches Hundley at least one magnet insert comprises a specified magnet power ranging from 35-52 megagauss- oesterds (Hundley: [0027]).
Macias and Hundley are analogous because they are from the same field of endeavor or a similar problem solving area e.g. magnetic supports. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the magnetic inserts in Macias with the specific power from Hundley, with a reasonable expectation of success, in order to provide a specific power value of standard commercially available rare earth magnets that have sufficient field strength to support an item (Hundley: [0027]).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Macias et al. (US 2014/0259552) in view of Marchesi (US 6,101,688) as applied to claim 1 above, and further in view of Song (KR 20-2022-002636) and Hundley (US 2007/0017924).
In regards to Claim 16, Macias, as modified, teaches the magnetic band for smoking device as claimed in claim 1, comprising: each of the at least one mounting platform (Marchesi: Fig. 1-3; 2) comprising a mounting body (Marchesi: Annotated Fig. 3; M), an interior wall (Macias: Annotated Fig. 3; interior of C), and a mounting surface (Marchesi: Fig. 3; 5); the mounting body traversing out from the exterior surface; and the mounting surface being positioned adjacent to the mounting body, opposite to the exterior surface; the interior wall being positioned between the at least one magnet cavity (Macias: Annotated Fig. 3; C) and the mounting surface.
Macias fails to explicitly disclose the interior wall comprises a specified wall thickness ranging from 0.5 to 2.5 millimeters. However, Song teaches an interior wall comprises a specified wall thickness (Song: Fig. 5; D3) ranging from 0.5 to 2.5 millimeters. [Note: See the rejection of claim 9 for motivation and/or rationale.]
However, teaches Hundley at least one magnet insert comprises a specified magnet power ranging from 35-52 megagauss- oesterds (Hundley: [0027]). [Note: See the rejection of claim 15 for motivation and/or rationale.]
Annotated Figures
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I: Macias; Fig. 3
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II: Marchesi: Fig. 3 (Detail)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 for cited references.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Taylor Morris whose telephone number is (571)272-6367. The examiner can normally be reached M-F: 10AM-6PM PST / 1PM-9PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at (571) 272-8227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Taylor Morris/Primary Examiner, Art Unit 3631