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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 - 16 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 10 - 13 and 18 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.
Regarding claim 10, the recitation “a head arranged swivelling around a swivel axis” (line 3) has rendered the claim indefinite because it is unclear where the swivel axis is located (with relation to the head). It is noted that the specification fails to explicitly describe the claimed swivel axis (of the head). Clarification is required. Claims 11 - 13 and 18 depend from claim 10 and therefore are also rejected under this section.
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 - 6, 9, 14 - 16, 17 and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yang, US 2013/0025095.
Regarding claim 1, Yang discloses a lockable carabiner [for mountaineering and work at heights] comprising: a C-shaped body (10) provided with a first end portion (14) and a second end portion (see an annotated figure 1 below) connected by a central portion (see the annotated figure 1); a gate (20) having a first end (see the annotated figure 1) and a second end (see the annotated figure 1), the first end of the gate (20) being fixed to the first end portion of the body (10), the gate (20) being arranged swivelling between a closed position (see figure 3) and an open position (see figure 7), the second end of the gate (20) moving with respect to the second end portion (see figure 7) of the body (10) when the gate (20) moves between the open position and the closed position, the gate (20) and body (10) defining a ring when the gate (20) is in the closed position (figure 3); a catch (30) fixed to the body (10) and fitted movable between a blocking position (see figure 5A) and a release position (figure 6), the blocking position blocking the gate (20) in the closed position, the release position (figure 6) allowing movement of the gate (20) between the closed position and the open position; a first spring (see the annotated figure 1) and a second spring (see the annotated figure 1) each having a first end connected to the gate (20) and a second end connected to the catch (30), the first spring and second spring each biasing the gate (20) so that a rest position of the gate (20) is the closed position (figures 3 - 5B) and biasing the catch (30) so that a rest position of the catch (30) is the blocking position (figure 5A), the first spring and second spring being devoid (it is noted that the second end portion of the body 10 does not include a pin slot 15 area for fixing a pin element 25 that the first spring or the second spring is in contact with) of direct attachment point (not attached directly) with the body (10); wherein the first spring and second spring are separated by the body (10).
Claim language set in brackets [] set forth above and below in this office action are considered by the examiner to be intended use that fails to further limit the structure of the claimed invention. Since the claimed invention is directed solely to that of the lockable carabiner, the prior art must only be capable of performing the functional recitations in order to be applicable, and in the instant case, the examiner maintains that the weight hanging hook disclosed by Yang (US 2013/0025095), is indeed capable of the intended use statements. Note that it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations.
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Regarding claim 2, Yang discloses the lockable carabiner according to claim 1 wherein the first spring and the second spring are coil springs (each having a coil) with non-contiguous turns (at said coils), the turns being disposed consecutively in a direction connecting the first end of the first spring to the second end of the first spring (see the annotated figure 1) or being disposed consecutively in a direction connecting the first end of the second spring to the second end of the second spring, the first spring (see the annotated figure 1) and second spring (see the annotated figure 1) have the same length and the same stiffness (since they are the same).
Regarding claim 3, Yang discloses the lockable carabiner according to claim 1 wherein the gate (20) has a first wing (22) and a second wing (23), the body (10) being arranged between the first wing (22) and second wing (23) in the open position and in the closed position.
Regarding claim 4, Yang discloses the lockable carabiner according to claim 3 wherein the first wing (22) and second wing (22) of the gate present a coverage surface with the body (10) that is larger in the open position (figure 7) than in the closed position (figure 5B), the coverage surface being observed in a direction parallel to the swivel axis of the gate (20).
Regarding claim 5, Yang discloses the lockable carabiner according to claim 3 wherein the first wing (22) and second wing (23) slide against the body (10).
Regarding claim 6, Yang discloses the lockable carabiner according to claim 1 wherein the catch (30) is U-shaped comprising two wings (32, 33) connected by a joining wall (31), the catch (30) and body (10) defining a cavity (see figure 1) receiving the first spring (see the annotated figure 1 and figure 5A) and second spring (see the annotated figure 1).
Regarding claim 9, Yang discloses the lockable carabiner according to claim 6 wherein, in the release position (figure 6), the joining wall (31) is pressing against the body (10).
Regarding claim 14, Yang discloses the lockable carabiner according to claim 1 wherein the gate (20) is arranged swivelling with respect to the body (10) around a first pivot shaft (25) and the catch (30) is arranged swivelling with respect to the body (10) around a second pivot shaft (35) and wherein the first end presses on the gate (20) at a first distance from the first pivot shaft (25) and the second end presses on the catch (30) at a second distance from the second pivot shaft (35), the second distance being smaller than the first distance (figure 5A), and wherein an axis connecting the first pivot shaft (25) and the second pivot shaft (35) is arranged totally on one side of a plane passing through the first spring (see the annotated figure 1) and the second spring (see the annotated figure 1).
Regarding claim 15, Yang discloses the lockable carabiner according to claim 1 wherein the gate (20) defines a slide (25), the slide (25) being installed swivelling with respect to the body (10) when the gate (20) moves between the closed position (figure 4) and the open position (figure 7), and wherein the catch (30) has a rod (35), the rod (35) being installed movable (pivotable) with respect to the body (10) and with respect to the slide (25) when the catch (30) moves between the blocking position (figure 5A) and the release position (figure 6), the slide (25) being arranged on the same side of the central portion as the second end of the gate (20) in an observation in a direction parallel to the swivel axis of the gate (20).
Concerning claim 16, given the structure of a carabiner hook, the structural elements of Yang (US 2013/0025095) would render the claimed method steps inherently anticipated since such would be a logical manner of using the combination. With regards to claim 16, Yang discloses a method for opening a carabiner comprising the following steps: providing a carabiner according to claim 1; moving the catch (30) from the blocking position (figure 5A) to the release position (figure 6); moving the gate (20) from the closed position (figure 4) to the open position (figure 7).
Regarding claim 17, Yang discloses the lockable carabiner according to claim 1 wherein the gate (20) is arranged swivelling with respect to the body (10) around a first pivot shaft (25) defining a pivot axis and wherein the first spring and second spring are separated by the body (10) in a direction parallel to the pivot axis (see the annotated figure 1).
Regarding claim 19, Yang discloses the lockable carabiner according to claim 1 wherein the first spring is a coil spring (see the annotated figure 1; the first spring has a coil feature) with non-contiguous turns (see said coil), the turns being disposed consecutively in a direction connecting the first end of the first spring to the second end of the first spring (see the annotated figure 1) and wherein the first spring is totally movable (see figures 5A - 7) with respect to the body (10).
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) 7 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang, US 2013/0025095.
Regarding claim 7, Yang discloses the lockable carabiner according to claim 6 wherein the first wing (32) of the catch (30) is arranged between the body (10) and the first wing (22) of the gate (20) and wherein the second wing (33) of the catch (30) is arranged between the body (10) and the second wing (23) of the gate (20).
Yang does not explicitly disclose wherein the first wing (22) of the gate (20) is arranged between the body (10) and the first wing (32) of the catch (30) and wherein the second wing (23) of the gate (20) is arranged between the body (10) and the second wing (33) of the catch (30). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to reverse the configuration of the wings on the gate and the wings on the catch so that the wings (22, 23) of the gate are assembled later to be outside the wings (32, 33) of the catch, since it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art. In re Einstein, 8 USPQ 167.
Regarding claim 8, Yang teaches the lockable carabiner according to claim 7 wherein the cavity receiving the first spring (see the annotated figure 1) and second spring (see the annotated figure 1) is delineated by the first wing (22) and second wing (23) of the gate (20), the first wing (32) of the catch (30) sliding against the first wing (22) of the gate (20) and the second wing (33) of the catch (30) sliding against the second wing (23) of the gate (20).
Allowable Subject Matter
Claims 10 - 13 and 18 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.
The following is a statement of reasons for the indication of allowable subject matter: the prior art does not teach or suggest a lockable carabiner wherein the first end (4a) of the first spring (4) is terminated by a head (6) arranged swiveling around a swivel axis that is parallel to the first swivel axis (7) in combination with the other structural elements of claim 10.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 for similar art cited.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROWLAND DO whose telephone number is (571)270-5737. The examiner can normally be reached Monday-Thursday 8:30 - 7:00 PT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason San can be reached at (571) 272-6531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/R.D./ Examiner, Art Unit 3677
/JASON W SAN/ SPE, Art Unit 3677