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 § 102
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 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) 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Grossman (U.S. D785,317).
As for Claim 1, Grossman discloses a carabiner comprising:
a carabiner body (G-shaped body of 100) comprising a first long side (see annotated figure), a second long side (see annotated figure) opposite of the first side, a first short side (see annotated figure) and a second short side (see annotated figure) opposite the first short side, wherein a long length of the first and second long sides is greater than a short length of the first and second short sides, the carabiner body forming an opening (see annotated figure) on the first long side and comprising a gate base (see annotated figure) and a gate rest (see annotated figure), wherein the opening is formed completely on the first long side; and
a pivotable gate (130) coupled to the gate base on or near the second long side at a pivotable point (aperture in 190) and adapted to contact the gate rest when in a closed position (see Fig. 1), wherein the gate rest is located on the first long side and forms one side of the opening (see Fig. 1) and the pivotable gate is coupled at or near the second long side of the carabiner body (see annotated figure).
2. The carabiner of claim 1, wherein the gate rest comprises a gate rest extension (tip end of 180 comprising rest 140) that forms a gate rest extension axis (axis defined by rest 140).
3. The carabiner of claim 2, wherein an angle between the gate rest extension and gate when in the closed position is approximately greater than 15 degrees (see annotated figure).
4. The carabiner of claim 3, wherein the angle is approximately 35-61 degrees (see annotated figure).
5. The carabiner of claim 1, wherein the pivotable gate contacts the gate rest at a gate rest notch (see annotated figure).
6. The carabiner of claim 2, wherein the carabiner body has a size adapted to accommodate an aperture of an object, the aperture having an inner diameter, and a length of the gate rest extension extending past the gate rest notch is approximately equal to the inner diameter (see annotated figure], furthermore the recitation drawn to the object and structure of object will not be given any patentable weight because Applicant fails to positively recite the object).
7. The carabiner of claim 6, wherein the object is a key (see annotated figure, furthermore the recitation drawn to the object and structure of object will not be given any patentable weight because Applicant fails to positively recite the object).
8. The carabiner of claim 1, wherein the carabiner body and the pivotable gate, when in the closed position, forms a first carabiner chamber (see annotated figure).
9. The carabiner of claim 8, wherein the carabiner body and a second pivotable gate (see annotated figure), when in the closed position, forms a second carabiner chamber (see annotated figure) that is distinct from the first carabiner chamber.
10. The carabiner of claim 1, wherein the carabiner body further comprises an eyelet (see annotated figure).
11. The carabiner of claim 10, wherein a fob is coupled to the eyelet (see annotated, furthermore the recitation drawn to the fob will not be given any patentable weight because Applicant fails to positively recite the fob).
12. The carabiner of claim 1, wherein the carabiner body further comprises a bottle opener (see annotated figure).
As for Claim 13, Grossman discloses a method of coupling an object to a carabiner comprising:
providing the carabiner, the carabiner comprising a carabiner body (see annotated figure) comprising a first long side and a second long side opposite of the first side (see annotated figure), a first short side (see annotated figure) and a second short side (see annotated figure) opposite the first short side, wherein a long length of the first and second long sides is greater than a short length of the first and second short sides, the carabiner body forming an opening on the first long side (see annotated figure) and comprising a gate base (see annotated figure), a gate rest (see annotated figure) and a gate rest extension (see annotated figure), wherein the opening is formed completely on the first long side (see annotated figure) the carabiner body comprising a pivotable gate (see annotated figure) coupled to the gate base on or near the second side at a pivotable point and adapted to contact the gate rest when in a closed position (see annotated figure); (see Fig. 1) wherein the gate rest is located on the first long side and forms one side of the opening (see Fig. 1) and the pivotable gate is coupled at or near the second long side of the carabiner body (see annotated Fig.);
placing the gate rest extension through the object via an aperture on the object, the aperture having an inner diameter, and a length of the gate rest extension is approximately equal to the inner diameter (see “Description” describing the invention as a keyring carabiner); and
sliding the object into a chamber by pivoting the pivotable gate to an open position (see “Description”).
14. The method of claim 13, wherein the pivotable gate contacts the gate rest at a gate rest notch (see annotated figure).
15. The method of claim 13, wherein the object is a key (see Description).
16. The method of claim 13, wherein the gate rest extension forms a gate rest extension axis and an angle between the gate rest extension and gate when in the closed position is approximately greater than 15 degrees (see annotated figure).
17. The method of claim 16, wherein the angle is approximately 35-61 degrees (see annotated figure).
18. The method of claim 13, wherein the carabiner body further comprises an eyelet (see annotated figure).
19. The method of claim 18, wherein a fob is coupled to the eyelet (see Description).
As for Claim 20, Grossman discloses a carabiner comprising:
a carabiner body ((see annotated figure)) comprising a first side and a second side opposite of the first side (see annotated figure), the carabiner body forming an opening (see annotated figure) on the first side and comprising a gate base (see annotated figure) and a gate rest (see annotated figure); and
a pivotable gate (see annotated figure) coupled to the gate base and adapted to contact the gate rest on the first side when in a closed position (see Fig. 1), wherein a middle axis (see annotated figure) is formed halfway between the first side and the second side, and the pivotable gate is coupled to the gate base at a point on a second side of the middle axis (see annotated figure) and the pivotable gate is coupled at or near the second side of the carabiner body at an opposite side of the opening (see annotated Fig.).
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Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 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.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID M UPCHURCH whose telephone number is (571)270-7957. The examiner can normally be reached 6AM-3PM EST M-F.
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, Jason San can be reached on (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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/DAVID M UPCHURCH/Primary Examiner, Art Unit 3677
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