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 .
Election/Restrictions
Applicant’s election without traverse of Species A-1, B-2, and C-2 (claims 1 – 6, 8, 11, 12, and 24) in the reply filed on December 22, 2025 is acknowledged.
Claims 7, 9, 10, 13 – 23, and 25 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species (Species A-2, A-3, B-1, B-3, and C-1), there being no allowable generic or linking claim. Election was made without traverse in the reply filed on December 22, 2025.
Examiner notes that claims 13 – 23 and 25 are each directed towards the embodiment of Figures 6 – 8 (non-elected Species A-2). This is because claim 13 positively recites the ‘attachment’ comprising “first and second recesses disposed in the respective first and second sides” in the third paragraph of the body of the claim. The ‘first and second recesses’ are a feature of the embodiment of Figures 6 – 8 (figures 6 and 7, element 230 being the ‘first recess’ and element 232 being the ‘second recess’; paragraph 34). The ‘first and second recesses’ are features which are not present or otherwise taught by the embodiment of Figures 1 – 5 (elected Species A-1).
Claim Objections
Claims 11 and 24 are objected to because of the following informalities: Claims 11 and 24 each recite the limitation “an flat surface.” Examiner believes this to be a grammatic error. For the purposes of this Office Action, Examiner will interpret the limitations as “a flat surface.”
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 6 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 6 recites the limitations “substantially rectangular” and “substantially triangular.” Examiner notes that the term “substantially” is a term of degree which is not expressly defined in the Specification. Therefore, the metes and bounds of the limitations are unclear. For the purposes of this Office Action, Examiner will interpret the limitations as “rectangular” and “triangular,” respectively.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 24 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 24 merely repeats the subject matter of claim 11, from which claim 24 depends. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1 – 3, 8, 11, 12, and 24 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Provines (U.S. Patent Number 8,366,075, cited in IDS).
As to claim 1, Provines teaches an attachment for a prybar (abstract), the attachment comprising: a base portion having a bottom surface and an interface surface opposite the bottom surface (figures 1 - 7, bottom portion of element 34 being the ‘base portion,’ see below; column 4, lines 9 - 16).
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Provines further teaches opposing first and second sides extending upwardly from the base portion and cooperatively forming a channel between the first and second sides that is adapted to receive the prybar (figures 1 – 7, elements 36 being the ‘first and second sides’; column 6, lines 9 – 16, wherein the “interior dimensions between the internal legs of said “U” shape” is the ‘channel’); and a fastener coupling the first and second sides together and extending across the channel (figures 1 – 7, element 46 being the ‘fastener’; column 6, lines 1 – 16).
As to claim 2, Provines teaches that the first and second sides respectively include first and second apertures (figure 6, see below; column 6, lines 1 – 16). Examiner notes that this can be found because Provines expressly teaches that fastener extends through the first and second sides (figures 1 – 6, elements 46 and 36; column 6, lines 7 – 8), requiring the first and second sides to include the first and second apertures, respectively. Provines further teaches that the fastener is disposed in the first and second apertures (figures 1 – 6, element 46; column 6, lines 1 – 16).
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As to claim 3, Provines teaches that the fastener includes opposing first and second ends respectively coupled to the first and second sides (figures 1 – 6, elements 46 and 36; column 6, lines 1 – 16).
As to claim 8, Provines teaches that the bottom surface includes a flat surface (figure 5, bottom surface of element 34).
As to claim 11, Provines teaches that the interface surface is a flat surface (figures 1 – 6, element 36). This can be found because Provines teaches that the prybar rests on the interface surface (figures 1 – 6, elements 34 and 50; column 6, lines 1 – 16).
As to claim 12, Provines teaches that the base portion and the first and second side are a single monolithic piece (figures 1 – 6, element 34; column 6, lines 1 – 16).
As to claim 24, the discussion of claim 11 is incorporated herein.
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.
Claim(s) 4 – 6 are rejected under 35 U.S.C. 103 as being unpatentable over Provines as applied to claim 1 above, and further in view of Trogner (U.S. Patent Number 949,337, cited in IDS).
As to claim 4, Provines teaches that the first and second sides includes upper and lower portions (figures 1 – 6, elements 36, see below).
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However, Provines does not teach the upper portions being tapered. Trogner teaches an attachment for a prybar (lines 1- 16), the attachment comprising: opposing first and second sides extending upwardly from a base portion and cooperatively forming a channel between the first and second sides that is adapted to receive the prybar (figures 1 and 2, elements 6 being the ‘first and second sides’ and element 4 being the ‘base portion’; lines 24 – 41); and a fastener coupling the first and second sides together and extending across the channel (figures 1 and 2, element 7 being the ‘fastener’; lines 34 – 41), wherein each of the first and second sides includes upper and lower portions (figure 1, elements 6, see below).
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Trogner further teaches that the upper portions are tapered (figure 1, elements 6, see above). Examiner notes that this can be found because “taper” is commonly defined by Merriam-Webster’s Dictionary as “to become progressively smaller toward one end” or “to diminish gradually.” It would have been obvious to one skilled in the art to form first and second sides having upper and lower portions, as taught by Provines, wherein the tapered shape of the upper sides of Trogner are substituted for the rectangular shape of the upper sides of Provines, because one skilled in the art would have appreciated that either a rectangular or a tapered shape would provide the same benefit of forming a channel adapted to receive a prybar and house a fastener coupling the first and second sides together, as desired by Provines.
As to claim 5, Provines teaches that the first and second sides respectively include first and second apertures respectively disposed in the upper portions of the first and second sides (figure 6, see below; column 6, lines 1 – 16). Examiner notes that this can be found because Provines expressly teaches that fastener extends through the first and second sides (figures 1 – 6, elements 46 and 36; column 6, lines 7 – 8), requiring the first and second sides to include the first and second apertures, respectively.
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As to claim 6, Provines teaches the lower portions being rectangular in shape (figures 1 – 6, elements 36, see above). However, Trogner makes obvious the upper portions being circular in shape, rather than triangular. It is the position of the Examiner that it would have been obvious to one skilled in the art to form the upper portions of the first and second sides of Provines in view of Trogner so as to be triangular in shape, rather than circular, because one skilled in the art would have appreciated that either a circular, rectangular, or triangular shape would provide the same benefit of forming a channel adapted to receive a prybar and house a fastener coupling the first and second sides together, as desired by Provines. Examiner further notes that Applicant’s Specification does not teach a benefit or desire to form the upper portion as a triangular shape.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER BESLER whose telephone number is (571)270-5331. The examiner can normally be reached Monday - Friday, 10:30 am - 7:30 pm (EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas Hong can be reached at (571) 272-0993. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER J. BESLER/Primary Examiner, Art Unit 3726