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 .
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.
Claim(s) 1, 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Greene, U.S. Patent Application Publication 2017/0050619 in view of Havenor et al., U.S. Patent 12,000,521.
Regarding claim 1, Greene discloses a protective device for a pipe comprising: providing a device (10) comprising: a mesh portion (12) having an upper edge portion (16), a lower edge portion (14), a right edge (edge comprising 28), and a left edge (edge distal from 28); an upper strap (28) coupled to a portion of the lower edge portion and further extends away from the right edge; wrapping the mesh portion around the pipe such that the lower edge of the mesh portion is in contact with the floor (24) and covering the floor penetration (see Fig. 4); and upon wrapping, fasten the upper strap to secure the device around the pipe (paragraph 21), but does not disclose a lower strap, fastening of the lower strap. Havenor teaches both an upper strap and a lower strap for securing a device to a conduit (see Fig. 3). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize a lower strap similar to the upper strap for a simplified assembly/disassembly process, and since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St, Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Regarding claim 4, Greene discloses a protective device for a pipe, comprising: a mesh portion (12) having an upper edge portion (16), a lower edge portion (14), a right edge (edge comprising 28), and a left edge (edge distal to 28); an upper strap (28) coupled to a portion of the upper edge portion and further extends away from the right edge; but does not disclose a lower strap coupled to a portion of the lower edge portion and further extends away from the right edge. Havenor teaches both an upper strap and a lower strap for securing a device to a conduit (see Fig. 3). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize a lower strap similar to the upper strap for a simplified assembly/disassembly process, and since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St, Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Claim(s) 2-3, 5-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Greene, U.S. Patent Application Publication 2017/0050619 in view of Havenor et al., U.S. Patent 12,000,521 and Ellis, U.S. Patent Application Publication 2014/0150353.
Regarding claims 2 and 5, the prior art as modified discloses a protective device for a pipe, but does not disclose wherein the device further comprises upper D rings and lower D rings, the upper D rings are for fastening the upper strap, and the lower D rings are for fastening the lower straps. Ellis teaches a covering device utilizing D-rings for fastening the device (paragraph 92). It would have been obvious to on e having ordinary skill in the art before the effective filing date of the claimed invention to incorporate D-rings at the upper and the lower straps as an effective securing means.
Regarding claims 3 and 6, the prior art as modified discloses a protective device for a pipe but does not disclose wherein the device further comprises hook and loop fasteners for securing the free ends of the upper strap and the lower strap. Havenor teaches the use of hook and loop fasteners (152a, 152b) for securing straps of a device. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize hook and loops fasteners on the straps to further secure them to the device.
Conclusion
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GISELE D. FORD
Examiner
Art Unit 3633
/GISELE D FORD/Examiner, Art Unit 3633