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 § 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.
Claims 1-3, 5, 13-14, and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stastny (US 2,180,558).
Claim 1: Stastny discloses a retaining member assist device (see Figure 1) comprising a body having a first end (end proximal 18) and a second end (end proximal 7), wherein: the body includes: an attachment portion (3 of Figure 1) comprising the first end, an extraction portion (10 of Figure 1) comprising the second end; an insertion end (7 of Figure 1) removably attachable to the attachment portion (attached by pin 9); and a central portion disposed between the insertion end and the extraction portion (1a of Figure 1); and the attachment portion of the body is removably attachable to a retaining member (15,16,17 of Figure 1).
Claim 2: Stastny further discloses that the attachment portion of the body comprises a loop configured to secure the retaining member assist device to the retaining member (16, 17 are loops that secure 15 to the device).
Claim 3: Stastny further discloses that the first end of the body is reversibly couplable to the insertion end (9 is capable of being removed to separate the first end and the insertion end); and the attachment portion is configured to form a loop (as depicted in Figure 1 the device is shaped as loop and the attachment portion forms a curved portion of that loop).
Claim 5: Stastny further discloses that the first end of the body includes an attachment mechanism (portion between 4 and 8); and the insertion end of the body comprises an aperture (13 of Figure 1); the attachment mechanism is configured to extend through the aperture (as depicted in Figure 1).
Claim 13: Stastny further discloses that the extraction portion includes a surface extending away from a major plane of the central portion to form a gripping feature thicker than the central portion (outer surface of 10 is larger than outer surface of 1a and provides this feature).
Claim 14: Stastny further discloses that the body comprises a flexible material (the device appears to made of metal which is known to be flexible).
Claim 18: Stastny discloses a retaining member assist device comprising a body with a first end (end proximal 18) and a second end (end proximal 7), wherein: the body includes: an attachment portion (3 of Figure 1) that includes an attachment mechanism at the first end (portion between 4 and 18 of Figure 1 including 15-17); an insertion end (7 of Figure 1) defining an aperture (13 of Figure 1); an extraction portion (10 of Figure 1) that includes the second end; and a central portion (1a of Figure 1) disposed between the attachment portion and the insertion end; and the attachment mechanism is slidable through the aperture so that the attachment portion of the body is removably attachable to a retaining member (slides through 13 and then secured by 15-17).
Claim 19: Stastny further discloses the retaining member assist device comprise an open configuration in which the attachment mechanism is not engaged with the aperture; and the retaining member assist device comprises a closed configuration with the attachment mechanism slid through the aperture and secured to the insertion end (in that attached or detached configuration Page 1, Col. 1, Line 30 to Col. 2, Line 25).
Claim 20: Stastny further discloses a first groove extending laterally across a first surface of the body; and a second groove extending laterally across a second surface of the body opposite the first surface; in the closed configuration, the first groove or the second groove receive the attachment mechanism and the first groove or the second groove secures the attachment mechanism in place; and in the closed configuration, the attachment portion forms a loop (these grooves are formed in 1a as depicted in Figure 1 and form slot 13, they secure the attachment mechanism in place by retaining it in the slot).
Claims 1 and 4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bowe et al. (US 2021/0129608 A1).
Claim 1: Bowe et al. discloses a retaining member assist device (see Figure 1) comprising a body having a first end (end proximal 46) and a second end (end proximal 38), wherein: the body includes: an attachment portion (loop formed near 4 by clamp 54) comprising the first end, an extraction portion (50,48 of Figure 1) comprising the second end; an insertion end (conical shape at end 38 of Figure 1) removably attachable to the attachment portion (removed by removing the loop through 48); and a central portion (38 of Figure 1) disposed between the insertion end and the extraction portion; and the attachment portion of the body is removably attachable to a retaining member (46 of Figure 1).
Claim 4: Bowe et al. further discloses that the loop is configured to secure to and slidably engage the retaining member (46 can slide along the loop and is separable from it.1.
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 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Bowe et al. (US 2021/0129608 A1) in view of Kalous (US D560,565 S).
Claims 11-12: Bowe et al. fails to disclose that the extraction portion of the body comprises a gripping feature including a textured surface, or a tapered surface forming a gripping feature thicker than the central portion.
However, Kalous teaches a gripping feature of an extraction portion of a body that a gripping feature including a textured surface, or a tapered surface forming a gripping feature thicker than the central portion (see handle of Figure 1, the surface is textured, it has a larger diameter than the remainder of the body, and is tapered on its ends).
Therefore, it would have been obvious to one of ordinary skill in the art to modify the extraction portion of Bowe et al. such that it included the handle portion of Kalous because this would provide the user with a better grip on the extraction portion.
Claims 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Schlegel (US 1,562,521) in view of Cohen (US 5,150,504).
Claim 15: Schlegel discloses a retaining member assist device comprising a body having a first end and a second end, wherein: the body includes: an attachment portion (9) comprising an attachment mechanism (strands or cord) at the first end; an insertion end (5) attachable to the attachment portion; and an extraction portion comprising the second end (13,14); a central portion (2) disposed between the insertion end and the extraction portion; and the central portion is thinner than the insertion end and the extraction portion (as depicted in Figure 5); and the attachment portion is attachable to a retaining member (4) and is wrapped fully around a portion of the retaining member when the attachment portion is attached to the retaining member (as depicted in Figure 4). Schlegel fails to disclose that the insertion end (5) is removably attachable to the attachment portion (9) and that the attachment portion (9) is removably attachable to the retaining member (4).
However, Cohen teaches an attachment portion (70) that is removably attached to an insertion end (100) and retaining member (101).
Therefore, it would have been obvious to one of ordinary skill in the art to modify the attachment portion of Schlegel as taught by Cohen because this would allow for various insertion ends and retaining members to be held by the device and increase it functionality.
Claim 16: Both Schlegel and Cohen disclose that the attachment portion (9,70) of the body is configured to form a loop.
Claim 17: Both Schlegel and Cohen disclose that the attachment portion (9,70) of the body is configured to wrapped around a top surface, a bottom surface, an outer surface, and an inner surface (they wrap around the entire circumference) of the portion of the retaining member (4,101) when the attachment portion is attached to the retaining member.
Allowable Subject Matter
Claims 6-10 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON L VAUGHAN whose telephone number is (571)270-5704. The examiner can normally be reached Mon-Friday 8:30 - 5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sunil Singh can be reached at (571) 272-3460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JASON L VAUGHAN/Primary Examiner, Art Unit 3726
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