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 .
Claim Objections
Claims 1 objected to because of the following informalities:
Claim 1, line 2, “repair wherein” should read --repair, wherein--.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.
Claims 7-12 are 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 7 recites “and further including a second slot”. It is not clear which part of the tool further comprises a second slot. Fig. 1 shows jack aperture 40 comprises an opening 42, a first slot 44 and a second slot 46.Examiner suggests amending claim 7 as below to overcome this rejection:--7. The fence maintenance tool configured to be employed to a plurality of tasks involved with fence installation and repair as recited in claim 6, wherein said jack aperture further including a second slot, said second slot being contiguous with said first slot opposite said jack aperture, said second slot extending away from said first slot, said second slot having a width that is less than a width of the first slot.--
Claims 8-12 are rejected due to dependency on rejected claim 7.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-4 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Nice (US 20230101508 A1).
Regarding claim 1, Nice teaches a fence maintenance tool configured to be employed to a plurality of tasks involved with fence installation and repair wherein the fence maintenance tool comprises (reproduced and annotated Figs. below): a body, said body being flat in form (a rectangular-shaped plate or card 100), said body having a first portion and a second portion, said first portion and said second portion being contiguously formed, said second portion having opposing lateral edges (left and right side edges), said body being manufactured from a rigid material (par. 0038: “metal material”); a post aperture (par. 0036: “T-post pulling guide hole 130”), said post aperture being formed in said first portion of said body, said post aperture having an opening (T shaped opening), said opening having an inner perimeter edge, said post aperture being of suitable size to have a fence post (P) inserted therethrough; a jack aperture, said jack aperture being formed in said second portion of said body, said jack aperture having an opening of suitable size so as to operably couple with an element (par. 0033: “a chain CH and hook HK”) on a lifting jack (par. 0033: “a tractor, a skid steer front loader”).
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Regarding claim 2, Nice teaches (reproduced and annotated Figs. above) said first portion of said body further including a plurality of wire spacing notches form along an outer edge thereof (par. 0030: “wire hook 170,270 is dimensioned and configured for twisting guide and brace wires W and the like for proper tensioning”), said plurality of wire spacing notches providing measurements from a bottom edge of said second portion of said body (see d1 and d2).
Regarding claim 3, Nice teaches (reproduced and annotated Figs. above) a metal post aperture, said metal post aperture having an opening operable to have a metal fence post inserted therethrough (this is intended use of the tool and V-shaped aperture in tool of Nice is capable of receiving a metal fence with a special dimension and size).
Regarding claim 4, Nice teaches (reproduced and annotated Figs. above) said metal post aperture includes a lower portion contiguously formed with said opening of said metal post aperture wherein said lower portion is tapered in shape.
Claim 1 is rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Geckler (US 5224687 A).
Regarding claim 1, Geckler teaches (reproduced and annotated Figs. below) a fence maintenance tool configured to be employed to a plurality of tasks involved with fence installation and repair (par. 18: “a fence post extractor that is particularly well suited for extracting metal fence posts having a T-shaped cross section from the ground”), wherein the fence maintenance tool comprises: a body, said body being flat in form,
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said body having a first portion and a second portion, said first portion and said second portion being contiguously formed, said second portion having opposing lateral edges, said body being manufactured from a rigid material; a post aperture (11), said post aperture being formed in said first portion of said body, said post aperture having an opening, said opening having an inner perimeter edge, said post aperture being of suitable size to have a fence post (13) inserted therethrough; a jack aperture (12), said jack aperture being formed in said second portion of said body, said jack aperture having an opening of suitable size so as to operably couple with an element (jack lifting extension 14) on a lifting jack.
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Allowable Subject Matter
Claims 5-6 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.
The closest prior art to the claimed invention of claim 5 is Nice.
Nice teaches wire holder aperture 110 which is formed though the first portion, but not the second portion.
Claim 6 would be allowable due to dependency on claim 5.
Claims 7-12 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
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MAHDI H. NEJAD
Examiner
Art Unit 3723
/MAHDI H NEJAD/Primary Examiner, Art Unit 3723