DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
2. 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.
3. 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.
4. Claim 22 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sauer et al. (US 5878548 A).
Regarding claim 22, Sauer et al. discloses “ A corner protector (11; Annotated Fig 2) having a base (33; Annotated Fig 2) and a top (25; Annotated Fig 2), the base comprising a sidewall having an inner surface and an outer surface, a plurality of fingers (51-53; Annotated Fig 2) disposed on the sidewall surface and extending upwardly from the sidewall surface, each finger forming a cable receiving space (As seen in Annotated Fig 2) between the finger and a lateral edge of said sidewall, wherein the top joins the sidewall to form a corner (45; Annotated Fig 2) at the first sidewall end, wherein the sidewall spans from the top corner to a second sidewall end opposite the corner, and wherein at least one finger is disposed closest to one of the said first or second sidewall ends, and wherein said at least one finger is supported on a finger base (55; Annotated Fig 2), and wherein said sidewall outer surface spans from said sidewall lateral edge to the finger base of the at least one finger disposed closest to the said at least one of said first sidewall end or said second sidewall end.”
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Claim Rejections - 35 USC § 103
6. 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.
7. Claims 1-21 are rejected under 35 U.S.C. 103 as being obvious over Sauer et al. (US 5878548 A) in view of Lonnberg et al. (US 10967778 B2).
Regarding claim 1, Sauer et al. teaches “A corner protector (11; Annotated Fig 2) for protecting the top corners (13; Annotated Fig 2) of a stack (15; Annotated Fig 2) of lumber (17; Annotated Fig 2) or other cargo from being indented or frayed by tie-down cables (19; Annotated Fig 2) in railroad freight cars (5; Fig 1), comprising: a top wall (25; Annotated Fig 2), a sidewall (33; Annotated Fig 2) connected at its top to the top wall at a substantially right angle so that the sidewall is adapted to contact the side of the stack of lumber or other cargo and the top wall is adapted to contact the top of the stack of lumber or other cargo, said sidewall having an inner sidewall surface and an outer sidewall surface, said top wall joining the sidewall and forming a corner (45; Annotated Fig 2) with the sidewall, cable retention fingers (51-53; Annotated Fig 2) mounted on the sidewall for capturing and retaining a tie-down cable (Col. 3 Line 38- Col. 2 Line 2) … wherein said cable receiving space (As seen in Annotated Fig 2) is defined in part by said outer sidewall surface, and wherein said outer sidewall surface defining said cable receiving space spans from the attached end of the at least one finger to a lateral edge of said sidewall, wherein the cable receiving space defines a cable receiving zone that spans unobstructed between the finger attached end and the sidewall lateral edge.”
Sauer et al. fails to teach “wherein at least one of said fingers has a free end and an attached end, said attached end attaching said at least one finger to said sidewall, wherein the at least one finger has a camming surface sloping upwardly toward the free end, wherein said finger free end of the at least one finger is disposed at a height above the outer sidewall surface and defines a cable receiving space between the outer sidewall surface and the finger free end”
However, Lonnberg et al. annotated Fig. 2 teaches a cam surface (160; Annotated Fig 2), sloping upward with a free end (161; Annotated Fig 2) raised above the side wall (118; Annotated Fig 2) outer surface, creating a cable receiving space, as seen in Lonnberg et al. annotated Fig. 2.
Therefore, it would be obvious to someone of ordinary skill in the art, prior to the effective filing date of the claimed invention to have combined the structure of Sauer et al. and replaced one of three fingers (53; Sauer et al. Annotated Fig 2) with the cam-sloped surface of Lonnberg et al. with a reasonable expectation of success for increasing ease of installation.
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With respect to claim 2, the combination of Sauer et al. and Lonnberg et al. teaches “The protector (11; Sauer et al. Annotated Fig 2) of claim 1, wherein said outer sidewall (33; Sauer et al. Annotated Fig 2) surface is substantially planar.”
Regarding claim 3, the combination of Sauer et al. and Lonnberg et al. teaches “The protector (11; Sauer et al. Annotated Fig 2) of claim 1, wherein said at least one finger (51; Sauer et al. Annotated Fig 2) has a support base (55; Sauer et al. Annotated Fig 2) at said finger attached end attaching said finger to said sidewall (33; Sauer et al. Annotated Fig 2) (Sauer et al.: Col. 4 Lines 21-24).”
In reference to claim 4, the combination of Sauer et al. and Lonnberg et al. teaches “The protector (11; Sauer et al. Annotated Fig 2) of claim 1, wherein each said finger (51; Sauer et al. Annotated Fig 2) has a free end and an attached end (55; Sauer et al. Annotated Fig 2), each said attached end attaching said respective finger to said sidewall (33; Sauer et al. Annotated Fig 2), and wherein each said finger has a support base at its attached end, said support base attaching said finger to said sidewall (Col. 2 Lines 59-63).”
With respect to claim 5, the combination of Sauer et al. and Lonnberg et al. teaches “The protector (11; Sauer et al. Annotated Fig 2) of claim 4, wherein each finger (51-53; Sauer et al. Annotated Fig 2) has a finger portion, and wherein said finger portion of said at least one finger having the camming surface (160; Lonnberg et al. Annotated Fig 2) points in the direction of its free end (161; Lonnberg et al. Annotated Fig 2).”
Regarding claim 6, the combination of Sauer et al. and Lonnberg et al. teaches “The protector (11; Sauer et al. Annotated Fig 2) of claim 1, wherein each said retention finger (51-53; Sauer et al. Annotated Fig 2) has a support base (55; Sauer et al. Annotated Fig 2) extending perpendicularly from the outer sidewall surface (33; Sauer et al. Annotated Fig 2) and a finger portion extending horizontally and at a right angle from the support base (Col. 2 Lines 59-63).”
With respect to claim 7, the combination of Sauer et al. and Lonnberg et al. teaches “The protector (11; Sauer et al. Annotated Fig 2) of claim 6, wherein each said support base (55; Sauer et al. Annotated Fig 2) elevates each said finger portion (51-53; Sauer et al. Annotated Fig 2) from said outer sidewall surface (33; Sauer et al. Annotated Fig 2) to form a space (As seen in Sauer et al. Annotated Fig 2) between said finger portion and said outer sidewall surface.”
In reference to claim 8, the combination of Sauer et al. and Lonnberg et al. teaches “The protector (11; Sauer et al. Annotated Fig 2) of claim 5, wherein the sidewall (33; Sauer et al. Annotated Fig 2) has a pair of lateral edges, wherein at least a portion of each said finger (51-53; Sauer et al. Annotated Fig 2) is disposed above the outer sidewall surface and is spaced apart from the outer sidewall surface, wherein the area of the outer sidewall surface that is below each said finger comprises a finger overlying portion of the outer sidewall surface, and wherein each finger overlying portion of the outer sidewall surface comprises a substantially planar surface spanning from the respective finger support base to a lateral edge of the sidewall.”
Regarding claim 9, the combination of Sauer et al. and Lonnberg et al. teaches “The protector (11; Sauer et al. Annotated Fig 2) of claim 4, wherein each support (55; Sauer et al. Annotated Fig 2) has a vertical portion wherein the vertical portion of said support defines a zone that spans in the direction that the finger (51-53; Sauer et al. Annotated Fig 2) points, from the vertical portion to the sidewall lateral edge, said zone being unobstructed and comprising a space (Col. 2 Lines 59-63).”
With respect to claim 10, the combination of Sauer et al. and Lonnberg et al. teaches “The protector (11; Sauer et al. Annotated Fig 2) of claim 1, wherein said fingers (51-53; Sauer et al. Annotated Fig 2) include at least one first finger and at least one second finger, wherein the at least one finger having the camming surface (160; Lonnberg et al. Annotated Fig 2) comprises a third finger, wherein said first finger and said second finger are adjacently spaced apart on said sidewall (33; Sauer et al. Annotated Fig 2), wherein there is a cable receiving space (109; Lonnberg et al. Annotated Fig 2) between said adjacently spaced apart first and second fingers, and wherein rotating the protector relative to the cable in a single direction slides the cable along the protector outer sidewall surface and seats the cable below each respective said first finger and said second finger, and cams the cable over the camming surface of the third finger to retain the cable on the protector (Lonnberg et al. Fig 7-9).”
In reference to claim 11, the combination of Sauer et al. and Lonnberg et al. teaches “The protector (11; Sauer et al. Annotated Fig 2) of claim 10, wherein each of said first finger (51; Sauer et al. Annotated Fig 2) and said second finger (52; Sauer et al. Annotated Fig 2) has an attached end (55; Sauer et al. Annotated Fig 2) and a free end, the free end being spaced apart from and positioned above the outer sidewall (33; Sauer et al. Annotated Fig 2) surface, wherein said outer sidewall surface is substantially planar between the first finger and the second finger, and below each respective finger free end of said first finger and second finger.”
Regarding claim 12, the combination of Sauer et al. and Lonnberg et al. teaches “The protector (11; Sauer et al. Annotated Fig 2) of claim 4, wherein each said support base (55; Sauer et al. Annotated Fig 2) elevates each respective said finger (51-53; Sauer et al. Annotated Fig 2) free end from said outer sidewall (33; Sauer et al. Annotated Fig 2) surface to form a respective finger space between said respective finger free end and said outer sidewall surface, wherein said sidewall has a pair of lateral edges, and wherein each respective said finger space of at least a plurality of said adjacent fingers, spans from said respective finger support to one of said sidewall lateral edges to define a cable receiving zone (As seen in Sauer et al. Annotated Fig 2).”
With respect to claim 13, the combination of Sauer et al. and Lonnberg et al. teaches “The protector (11; Sauer et al. Annotated Fig 2) of claim 1, whereby, when the protector is mounted on the corner (13; Sauer et al. Annotated Fig 2) of a stack (15; Sauer et al. Annotated Fig 2) of lumber (17; Sauer et al. Annotated Fig 2), the lumber or other cargo is protected against being contacted and indented by the tie-down cable (19; Sauer et al. Annotated Fig 2), the cable is protected against wearing and fraying caused by the cable contacting and rubbing against the corner of the stack of lumber or other cargo ( Sauer et al. Col. 2 Lines 59-63), and the protector may be installed without disconnecting the cable by loosening the cable and inserting the protector under the cable and mounting the protector on the top corner of the stack of lumber, and then tightening the cable (Sauer et al. Col. 2 Lines 44-52).”
In reference to claim 14, the combination of Sauer et al. and Lonnberg et al. teaches “The protector (11; Sauer et al. Annotated Fig 2) of claim 1, wherein each said retention finger (51-53; Sauer et al. Annotated Fig 2) has a support base (55; Sauer et al. Annotated Fig 2) extending perpendicularly from the outer sidewall (33; Sauer et al. Annotated Fig 2) surface and wherein each said retention finger extends horizontally and at a right angle from the outer end of its respective support base (Sauer et al. Col. 2 Lines 59-63).”
Regarding claim 15, the combination of Sauer et al. and Lonnberg et al. teaches “The protector (11; Sauer et al. Annotated Fig 2) of claim 1, wherein said retention fingers (51-53; Sauer et al. Annotated Fig 2) include at least two retention fingers being mounted in alignment on the outer sidewall surface with their finger portions pointing in the same direction finger (Sauer et al. Col. 2 Line 59- Col. 3 Line 5), wherein the at least one finger having the camming surface (160; Lonnberg et al. Annotated Fig 2) is one of the at least two aligned retention fingers; wherein said retention fingers include at least one other retention finger being mounted on the outer sidewall surface spaced away from the two aligned retention fingers and with the finger portion of the at least one other retention finger pointed in a direction opposite to the two aligned retention fingers so as to form a space between the two aligned retention fingers and the at least one other retention finger so that the fingers capture and retain the tie-down cable in said space (Sauer et al. Col. 2 Line 59- Col. 3 Line 5).”
With respect to claim 16, the combination of Sauer et al. and Lonnberg et al. teaches “The protector (11; Sauer et al. Annotated Fig 2) of claim 2, wherein the cable receiving space (As seen in Sauer et al. Annotated Fig 2) has a lower boundary that is defined by the substantially planar outer sidewall surface (33; Sauer et al. Annotated Fig 2).”
In reference to claim 17, Sauer et al. teaches “A corner protector (11; Sauer et al. Annotated Fig 2) and railroad car (5; Sauer et al. Fig 1) combination for protecting the top corner (13; Sauer et al. Annotated Fig 2) of a stack (15; Sauer et al. Annotated Fig 2) of lumber (17; Sauer et al. Annotated Fig 2) or other cargo on a railroad car from being indented or frayed by tie-down cables (19; Sauer et al. Annotated Fig 2), comprising: a railroad freight car, a stack of lumber or other cargo on the railroad freight car, a tie-down cable having each end mounted on the freight car, and a corner protector comprising: a top wall (25; Sauer et al. Annotated Fig 2), a sidewall (33; Sauer et al. Annotated Fig 2) connected at its top to the top wall at a substantially right angle so that the sidewall is adapted to contact the side of the stack of lumber or other cargo and the top wall is adapted to contact the top of the stack of lumber or other cargo, said sidewall having an inner sidewall surface and an outer sidewall surface, said top wall joining the sidewall and forming a corner (45; Sauer et al. Annotated Fig 2) with the sidewall, cable retention fingers mounted on the sidewall for capturing and retaining (Sauer et al. Col. 3 Line 38 - Col. 4 Line 2) a tie-down cable… wherein said cable receiving space is defined in part by said outer sidewall surface, and wherein said outer sidewall surface defining said cable receiving space extends from the attached end of the at least one finger to a lateral edge of said sidewall. whereby, when the protector is mounted on the corner of the stack of lumber or other cargo, the lumber or other cargo is protected against being contacted and indented by the tie- down cable, the cable is protected against wearing and fraying caused by contacting the corner of the stack of lumber or other cargo (Sauer et al. Col 2 Lines 59-63), and the protector may be installed without disconnecting the cable by loosening the cable and inserting the protector under the cable and mounting the protector on the top corner of the stack of lumber, and then tightening the cable (Sauer et al. Col 2 Lines 44-52).”
Sauer et al. fails to teach “…wherein at least one of said fingers has a free end and an attached end, said attached end attaching said at least one finger to said sidewall, wherein the at least one finger has a camming surface sloping upwardly toward the free end, wherein said finger free end of the at least one finger is disposed at a height above the outer sidewall surface and defines a cable receiving space between the outer sidewall surface and the finger free end…”
However, Lonnberg et al. annotated Fig. 2 teaches a cam surface (160; Annotated Fig 2), sloping upward with a free end (161; Annotated Fig 2) raised above the side wall (118; Annotated Fig 2) outer surface, creating a cable receiving space, as seen in Lonnberg et al. annotated Fig. 2.
Therefore, it would be obvious to someone of ordinary skill in the art, prior to the effective filing date of the claimed invention to have combined the structure of Sauer et al. and replaced one of three fingers (53; Sauer et al. Annotated Fig 2) with the cam-sloped surface of Lonnberg et al. with a reasonable expectation of success for increasing ease of installation.
Regarding claim 18, Sauer et al. teaches “A method of protecting the top corners (13; Sauer et al. Annotated Fig 2) of a stack (15; Sauer et al. Annotated Fig 2) of lumber (17; Sauer et al. Annotated Fig 2) or other cargo from indentations from a tie-down cable (19; Sauer et al. Annotated Fig 2) in a railroad freight car (5; Sauer et al. Fig 1) comprising the steps of: a) loading a stack of lumber or other cargo on the railroad freight car, b) fastening both ends of tie-down cable on the railroad freight car, c) contacting the load of lumber or other cargo with the tie-down cable, and d) providing a corner protector comprising: i) a top wall, ii) a sidewall connected at its top to the top wall at a substantially right angle so that the sidewall is adapted to contact the side of the stack of lumber or other cargo and the top wall is adapted to contact the top of the stack of lumber or other cargo, iii) said sidewall having an inner sidewall surface and an outer sidewall surface, iv) said top wall joining the sidewall and forming a corner with the sidewall, v) cable retention fingers mounted on the sidewall for capturing and retaining (Col. 5 Line 62- Col. 6 Line 24) a tie-down cable…”
Sauer et al. fails to teach “…wherein at least one of said fingers has a free end and an attached end, said attached end attaching said at least one finger to said sidewall, wherein the at least one finger has a camming surface sloping upwardly toward the free end, wherein said finger free end of the at least one finger is disposed at a height above the outer sidewall surface and defines a cable receiving space between the outer sidewall surface and the finger free end; vii) wherein said cable receiving space is defined in part by said outer sidewall surface, and wherein said outer sidewall surface defining said cable receiving space extends from the attached end of the at least one finger to a lateral edge of said sidewall. e) loosening the tie-down cable on the railroad freight car, f) placing the corner protector on the top corner of the stack of lumber under the tie-down cable, g) positioning the tie-down cable through said cable receiving space; h) rotating the protector in a direction so that the tie-down cable engages and is moved along the camming surface of the at least one finger, and so that the tie-down cable is secured by the plurality of cable retention fingers.”
However, Lonnberg et al. Fig 7-9 teach when the tie-down cable (103; Lonnberg et al. Fig 7) is placed in the cable receiving space (109; Lonnberg et al. Fig 7), between two fingers (105 &107; Lonnberg et al. Fig 7), and the user rotates the corner protector (104; Lonnberg et al. Fig 7), the cable will slide over the cam-sloped surface (160; Lonnberg et al. Fig 7) and become secured by a plurality of fingers.
Therefore, it would be obvious to someone of ordinary skill in the art, prior to the effective filing date of the claimed invention to have combined the structure of Sauer et al. and replaced one of three fingers (53; Sauer et al. Annotated Fig 2) with the cam-sloped surface of Lonnberg et al. with a reasonable expectation of success for increasing ease of installation.
With respect to claim 19, the combination of Sauer et al. and Lonnberg et al. teaches “The method of claim 18, wherein rotating the protector (104; Lonnberg et al. Fig 7) rotates the tie-down cable (103; Lonnberg et al. Fig 7) through the space defined between a lateral edge of the sidewall (118; Lonnberg et al. Fig 7) and the attached end of the at least one finger (Lonnberg et al. Col 7 Lines 4-9).”
In reference to claim 20, the combination of Sauer et al. and Lonnberg et al. teaches “The method of claim 18, further including tightening down the tie-down cable (19; Sauer et al. Annotated Fig 2) to hold the protector (11; Sauer et al. Annotated Fig 2), in place on the top corner (13; Sauer et al. Annotated Fig 2) of the stack (15; Sauer et al. Annotated Fig 2) of lumber (17; Sauer et al. Annotated Fig 2) (Sauer et al. Col. 6 Lines 64-65).”
Regarding claim 21, the combination of Sauer et al. and Lonnberg et al. teaches “The method of claim 19, wherein the outer sidewall (33; Sauer et al. Annotated Fig 2) surface defining the cable receiving space is substantially planar in the area between the attached end of the at least one finger (51-53; Sauer et al. Annotated Fig 2) and the sidewall lateral edge.”
Conclusion
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL ROBERT DIGIOVANNANTONIO whose telephone number is (571)272-4526. The examiner can normally be reached Monday-Friday 7 a.m. to 5 p.m..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amy Weisberg can be reached at 5712705500. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/D.R.D./Examiner, Art Unit 3612
/AMY R WEISBERG/Supervisory Patent Examiner, Art Unit 3612