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 .
The present application is a CIP of Application No. 17/341,506, which is now U.S. Patent No. 11,760,448.
Drawings
The replacement drawing was received on July 25, 2023. This drawing is acceptable.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on September 11, 2023 and March 12, 2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3, 10 and 12 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Olofsson et al. (US 11,091,236).
Olofsson et al. discloses the same fender as claimed, as shown in Figures 1-17, which is comprised of a fender body, defined as Part #12, 13 or 16, with a smooth first surface, defined as Part #25 and 26, an interior that is at least partially hollow, as shown in Figures 3-6, and an internal compression system that is located within said interior of said fender body, said compression system being comprised of one or more arches, as shown in Figures 3-6, that deform when pressure is applied to said fender, and elastically return to an original state when said pressure is removed from said fender, as shown in Figures 3-6. Said fender is further comprised of a first portion, defined as Part #25 or 26, and a second portion, defined as Part #23, where a cavity, defined as Part #20, is created when said second portion is attached to said first portion. Said fender is comprised of a single continuous piece of material that is molded to include said cavity in said interior of said fender that includes said compression system, as shown in Figures 3-6. Said fender can be customized to a desired shape or appearance, as shown in Figure 2. A plurality of attachment mechanisms, defined as Part #24, are configured to secure said fender to a structure, defined as Part #1, in the form of a marine vessel.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 8-9, 11 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Olofsson et al. in view of Norling (US 11,738,834).
Olofsson et al., as set forth above, discloses all of the features claimed except for the use of a fender body that is made from a specific material in a specific shape, and attachment mechanisms in the form of locking suction mechanisms.
Norling discloses a fender, as shown in Figures 1-31, which is comprised of a fender body, defined as Part #520 or 530, that is made from a foam material, which can be a medium density closed-cell foam polyethylene material, as described in lines 10-12 of column 3. Said fender body is further comprised of a plurality of mooring points, each defined as Part #502, for the attachment of one or more ropes or straps, defined as Part #504. Said fender can be made into a shape having a horizontal length that is greater than a vertical height of said fender, as shown in Figure 5. Said fender body is further comprised of a plurality of attachment mechanisms in the form of suction cups, defined as Part #130, as shown in Figure 8.
Therefore, it would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art, to utilize a fender that is made from closed-cell foam material and includes attachment mechanisms in the form of straps or suction cups, as taught by Norling, in combination with the fender as disclosed by Olofsson et al. for the purpose of providing a fender that is made from a lightweight buoyant material and includes straps or suction cups to facilitate attachment of said fender to a structure.
Claims 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Olofsson et al. in view of Sheedy et al. (US 8,156,883).
Olofsson et al., as set forth above, discloses all of the features claimed except for the use of a fender with buckle clip attachment mechanisms.
Sheedy et al. discloses a bumper, as shown in Figures 1-7, which is comprised of a bumper, defined as Part #32, with a pair of adjustment straps, each defined as Part #14, each having a first end of a buckle clip, defined as Part #34, and a second end of a buckle clip, defined as Part #36, in order to secure one end of each strap to a second end of each strap, as shown in Figure 6.
Therefore, it would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art, to utilize a fender with buckle clip attachable straps, as taught by Sheedy et al., in combination with the fender as disclosed by Olofsson et al. and the teachings of Norling for the purpose of providing a fender with attachable straps to facilitate attachment of said fender to a structure.
Claims 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Olofsson et al. in view of Norling, and further in view of Sheedy et al.
Olofsson et al. in combination with Norling discloses all of the features claimed except for the use of a fender with adjustable length straps with adjustment mechanisms.
Sheedy et al. discloses a bumper, as shown in Figures 1-7, which is comprised of a bumper, defined as Part #32, with a pair of adjustment straps, each defined as Part #14, that are length adjustable by means of a length adjusting buckle, also defined as Part #32, as shown in Figure 6.
The use of a strap that is made from nylon is well known in the art.
Therefore, it would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art, to utilize a fender with adjustable straps having adjustment mechanisms, as taught by Sheedy et al., in combination with the fender as disclosed by Olofsson et al. and the teachings of Norling for the purpose of providing a fender with adjustable straps and an adjustment mechanism to facilitate attachment of said fender to a structure.
Allowable Subject Matter
Claims 4-7, 16-17 and 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LARS A OLSON whose telephone number is (571) 272-6685. The examiner can normally be reached Monday to Friday 8:00am - 4:00pm.
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November 21, 2025
/LARS A OLSON/Primary Examiner, Art Unit 3615