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 .
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.
Claim Objections
Claim 14 is objected to because of the following informalities: line 4 recites “freezer configured to” which should read “a freezer configured to”. Appropriate correction is required.
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.
Claims 1-13 are rejected under 35 U.S.C. 103 as being unpatentable over Miscio (Pat. No.: 5,701,690) in view of Hansen (Pub. No.: 2006/0231294).
Regarding independent claim 1, Miscio discloses a method for repairing an ice of an ice field utilizing an ice repairing apparatus (See col. 5, lns. 12-25 where it discloses “the device 10 provides a technique for filling a hole in an ice rink surface…”).
However, Miscio fails to disclose the method comprising the steps that are presently claimed in claim 1.
Like Miscio, Hansen discloses a method for maintaining a surface of a sport field utilizing an apparatus (See abstract). More specifically, Hansen teaches the method comprising:
processing, by the apparatus, at least one hole to the surface of the field to remove, at least partly, a solid earth plug (See claim 8 where it recites a method for drilling holes by means of an apparatus in order to remove the drilled plug in lines 1-3 and lines 15-16);
providing the solid earth plug configured to fit into the at least one hole; and inserting the insert into the at least one hole such that a top surface of the insert is substantially on the same level with a surface of the field (See claim 9 where it recites positioning the apparatus above an existing hole in lines 3-4; ejecting the solid earth plug into the existing hole in lines 7-8; the earth plug will thereby also be on substantially the same level as the field surface as claimed once fully inserted).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the repair method of Miscio with the known method taught by Hansen, as it would predictably result in an improved repairing method of a portion of a field surface, and is considered well known in recreational field servicing to repair or replace elements of a planar field surface via similar methods.
Regarding claim 2, the combination discloses the method of claim 1. Miscio, of the combination, also discloses smoothening, by a smoothening tool (20), the surface of the ice of the field in an area of the at least one hole after inserting the ice insert (See col. 2, lns. 32-34 where it discloses the smoothing tool 20 is for pressing the insert into the hole, thereby to restore the ice rink surface, i.e., a smooth ready to use ice surface).
Regarding claim 3, the combination discloses the method of claim 1. The resultant combination also discloses wherein the ice insert is dimensioned such than an outer surface of the insert is configured to freeze to an inner surface of the hole after the ice insert is inserted into the hole (i.e., since the hole and insert are substantially the same size and both at or below freezing temperatures, they will be configured to freeze, i.e., become one piece, to the other surface).
Regarding claim 4, the combination discloses the method of claim 1. The resultant combination also discloses wherein a temperature of the ice insert is substantially the same as a temperature of the ice of the ice field (since both the ice field and ice insert are frozen, i.e., have a temperature at or below the freezing point of water, they will have substantially the same temperature as claimed).
Regarding independent claim 5, Miscio discloses an ice repairing apparatus. However, Miscio fails to disclose the apparatus comprising the elements that are presently claimed in claim 5.
Like Miscio, Hansen discloses a method for maintaining a surface of a sport field utilizing an apparatus (See abstract). More specifically, Hansen teaches the apparatus comprises:
a rotating blade (12, See para. [0103] where it discloses the rotating blade 12 has “reciprocating turning movement” i.e., rotation as claimed) configured to drill a hole to a surface of a recreational field (as disclosed in claim 1, lns. 1-2);
a rotating shaft (24) configured to rotate the blade (12), wherein the shaft (24) comprises a first end coupled (operatively) with the blade (12), and a second end configured to be coupled (operatively) with a power source (21) for rotating the shaft (24, See para. [0103] and [0110] where it discloses the shaft 24 rotates the blade 12, and that the power source 21 rotates the shaft 24); and
a limiter (8) coupled (operatively) with the shaft (24) configured to set against a surface of the field (as seen in Fig. 2) and to prevent drilling of the blade (12) into the field when a desired depth of the hole is achieved (See Fig. 4 where the size of the limiter is larger than the diameter of the holed created by blade 12, so the limits does not fit inside the drilled hole and hence it can prevent drilling of the blade into the ice), and
wherein the limiter (8) is configured to move between a first and a second position along a central axis of the shaft (See Fig. 2 where the claimed first position is depicted on the left and the claimed second position is depicted on the right, corresponding disclosure of this figure can be referenced in para. [0104]-[0106]).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the repair apparatus of Miscio with the known apparatus taught by Hansen, as it would predictably result in an improved repairing apparatus of a portion of a field surface, and is considered well known in recreational field servicing to repair or replace elements of a planar field surface via similar devices.
Regarding claim 6, the combination discloses the ice repairing apparatus of claim 5. Hansen, of the combination, also discloses wherein the limiter (8) is configured to be against the surface of the ice during the drilling such that the surface of the ice forces (via normal forces exerted by the limiter to the field and vice versa) the limiter from the first position to the second position when the blade drills into the ice (See first and second positions depicted from left to right respectively in Fig. 2) and in the second position the limiter is configured to prevent drilling of the blade deeper into the ice (See Fig. 4 where the size of the limiter is larger than the diameter of the holed created by blade 12, so the limits does not fit inside the drilled hole and hence it can prevent drilling of the blade into the ice).
Regarding claim 7, the combination discloses the ice repairing apparatus of claim 6. Hansen, of the combination, also discloses wherein the limiter (8) is configured to substantially cover (i.e., placed over or about another thing) the hole when the limiter is against the surface of the ice (as seen in Fig. 2).
Regarding claim 8, the combination discloses the ice repairing apparatus of claim 5. Hansen, of the combination, also discloses wherein the limiter further comprises at least one opening for removing the drilled ice from the hole when the limiter is against the surface of the ice (See Fig. 3 for the limiter opening defined by means 15 for driving out drilled earth, and see para. [0107] for disclosure for “driving out the earth plug from the blade” i.e., removing the plug).
Regarding claim 9, the combination discloses the ice repairing apparatus of claim 5. Hansen, of the combination, also discloses wherein the limiter further comprises an elastic member (19, spring 19 is generally disclosed in para. [0108]) configured to resist the movement of the limiter from the first position to the second position, and to return the limiter to the first position when the blade is removed from the hole (See para. [0022] where it discloses the elastic member is “compressed” during drilling which corresponds to the claimed configured to resist movement from the first and second position, and also discloses the elastic member will affect “a downward force”, which corresponds to the claimed configured to return the limiter to the first position when the blade is removed from the hole).
Regarding claim 10, the combination discloses the ice repairing apparatus of claim 5. Hansen, of the combination, also discloses wherein the limiter (8) comprises an inner space configured to receive the blade in the first position such that the limiter covers, at least partly, the blade (See Fig. 3 where the claimed inner space within limiter 8 disposed around plate 17; See Fig. 2 where the first position is depicted on the left with the limiter covering at least partly the blade).
Regarding claim 11, the combination discloses the ice repairing apparatus of claim 5. Hansen, of the combination, also discloses wherein the shaft (24) is coupled (operatively) with the blade (12) from the middle of the blade such that the blade extends perpendicularly from the shaft to two opposite directions (See Fig. 4 where 24 is operatively coupled with the blade from the middle, see where 24 is centrally located within elements 16; the blade 12 extends perpendicularly from the shaft to two opposite directions across the diameter of plate 17 of the blade 12).
Regarding claim 12, the combination discloses the ice repairing apparatus of claim 5. Hansen, of the combination, wherein the blade is configured to drill the hole having a flat bottom (See para. [0012] where it discloses that the circular hole will have “sharp edges” which corresponds to the claimed flat bottom; also, since Hansen is directed towards flag holes for golf courses a flat bottom is generally required).
Regarding claim 13, the combination discloses the ice repairing apparatus of claim 5. Hansen, of the combination, wherein the apparatus further comprises a guiding member (3, See Fig. 3 or Fig. 4) configured to guide the blade (12) into the ice (See abstract where it discloses the control means 3 is for the cutter head 12).
Claims 14 is rejected under 35 U.S.C. 103 as being unpatentable over Miscio in view of Hansen and further in view of Barrett (Pub. No.: 2017/0198957).
Regarding claim 14, Miscio discloses an ice repairing apparatus. However, Miscio fails to disclose the apparatus comprising the elements that are presently claimed in claim 5. Applicant should reference the rejection of claim 5 for the ice repairing apparatus of claim 5 taught by Miscio in combination with Hansen. The resultant combination of Miscio and Hansen teaches the general process for repairing ice using commensurate shaped solid inserts. Wherein the context of the modification discussed above, the insert used would be formed of ice. However, the resultant combination fails to expressly disclose the use of a freezer and mold for maintaining at least one solid ice insert as claimed.
Additionally, Barrett teaches that it is known to make various shaped ice objects using molds placed in a freezer (See para. [0019] where it discloses that once liquid is inserted into the ice mold system the ice mold system is stored in a freezer to form an ice mold). Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the arrangement for repairing ice as taught by Miscio and modified in view of Hansen to further use a teaching of forming an ice insert using a freezer and mold (as disclosed in para. [0019] of Barrett) as Barrett teaches that the use of such freezing molds is commonly used to achieve a specific desired dimensioned piece of ice for various applications and provides additional convenience (See para. [004] and para. [0012]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Nelson (Pat. No.: 3,506,296) discloses an optional digger for garden and lawn. Hansen (Pub. No.: 2006/0169467) discloses an apparatus for drilling a hole and method for its application. Best (Pat. No.: 6,386,294) discloses a hole making system.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Audrey L Lusk whose telephone number is (571)272-5132. The examiner can normally be reached M - F 8am-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Sebesta can be reached at (571)272-0547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/A.L.L./Examiner, Art Unit 3671
/CHRISTOPHER J SEBESTA/Supervisory Patent Examiner, Art Unit 3671