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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 2/3/2026 has been entered.
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, 5-7, 13-16, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Ferris (US 2014/0355910) and Cohen (US 10,413,107).
Regarding claim 1, Ferris discloses a collection skirt device (100) comprising:
a body (110A, 110B) comprised of a central opening and a slit (114); a first fastener (Fig. 4, at top 116) positioned on a first edge of the central opening (Fig. 4); and a second fastener (at bottom 116) positioned on opposing side edges of the slit of the body (Fig. 4); a third fastener (130) positioned around a perimeter edge of the body; wherein the second fastener closes the opposing side edges of the slit after trimming has been completed; and wherein the perimeter edge of the body is attachable to itself (via connection of the drawstring 130) with the third fastener to form the body into a bag-like shape to contain and move the trimmings after trimming has been completed. See Figs. 4-10. However, Ferris discloses that the first fastener is a hook and loop fastener instead of a magnetic fastener.
Cohen shows that a magnetic fastener is an equivalent structure known in the art (column 7, lines 47-55). Therefore, because these two fasteners were art-recognized equivalents before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to substitute the hook and loop fastener in Ferris for a magnetic fastener, thus meeting the recitation “wherein the first fastener magnetically closes the central opening.”
Regarding claim 5, the first fastener and the second fastener respectively attach to themselves. See Figs. 4-9.
Regarding claim 6, Ferris discloses the claimed invention, except for the body being comprised of a circular shape. It would have been an obvious matter of design choice to a person having ordinary skill in the art before the effective filing date of the claimed invention to make the body of the Ferris collection skirt device a circular shape. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results.
Regarding claim 7, Ferris discloses trimmings collection skirt device (100) comprising: a body (110A, 110B) comprised of a central opening (118) and a slit (114); a first fastener (Fig. 4, top 116) positioned on an edge of the central opening; wherein the slit (114) is comprised of a first slit edge comprising of a first slit edge fastener (Fig. 4, bottom 116) and a second slit edge comprised of a second slit edge fastener (other side of slit - 116); a third fastener (130) positioned around a perimeter edge of the body; wherein the first fastener is capable of closing the central opening (at 112) after trimming has been completed; wherein the first slit edge fastener and the second slit edge fastener close the first slit edge and the second slit edge after trimming has been completed; and wherein the perimeter edge of the body attachable to itself with the third fastener to form the body into a bag-like shape to contain and move the trimmings after trimming has been completed. See Figs. 4-10. However, Ferris discloses that the first slit edge fastener and the second slit edge fastener are hook and loop fasteners instead of a magnetic fastener.
Cohen shows that a magnetic fastener is an equivalent structure known in the art (column 7, lines 47-55). Therefore, because these two fasteners were art-recognized equivalents before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to substitute the hook and loop fasteners in Ferris for a magnetic fastener, thus meeting the recitations that include a magnetic fastener.
Regarding claim 13, Ferris discloses the third fastener is comprised of a drawstring (130).
Regarding claim 14, Ferris discloses the second fastener (116) attaches to itself. Figs. 4-9
Regarding claim 15, Ferris discloses the first slit edge fastener and the second slit edge fastener attach to themselves.
Regarding claim 16, Ferris discloses a method of using a trimmings collection skirt device, the method comprising the following steps: providing a trimmings collection skirt device (100) comprised of a body comprising a central opening (118) comprised of a first fastener (top 116), a slit (114) comprised of a first slit edge including a first slit edge fastener (bottom 116) and a second slit edge including a second slit edge fastener (other side of 116) attachable to and detachable from the first slit edge fastener, and a perimeter edge comprised of a third fastener (130); placing the central opening around a piece of greenery (Fig. 4); trimming the piece of greenery such that a trimming of the piece of greenery is collected on the body (Fig. 5); removing the body from around the piece of greenery (Fig. 6); attaching the first fastener to itself to close the central opening (Figs. 6 and 9); attaching the first slit edge fastener to the second slit edge fastener to close the first slit edge and the second slit edge to themselves and attaching the third fastener (130) to itself to secure the trimmings inside the body (Fig. 10). However, Ferris discloses that the first slit edge and the second slit edge are attachable and detachable from each other by hook and loop fasteners instead of a magnetic fastener.
Cohen shows that a magnetic fastener is an equivalent structure known in the art (column 7, lines 47-55). Therefore, because these two fasteners were art-recognized equivalents before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to substitute the hook and loop fasteners in Ferris for a magnetic fastener, thus meeting the recitations that include a magnetic fastening.
Regarding claim 20, Ferris discloses the third fastener is comprised of a drawstring (130).
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are not persuasive. It is the Office’s position that the newly added limitations are still met by the prior art previously applied. See above.
Conclusion
All claims are identical to or patentably indistinct from, or have unity of invention with claims in the application prior to the entry of the submission under 37 CFR 1.114 (that is, restriction (including a lack of unity of invention) would not be proper) and all claims could have been finally rejected on the grounds and art of record in the next Office action if they had been entered in the application prior to entry under 37 CFR 1.114. Accordingly, THIS ACTION IS MADE FINAL even though it is a first action after the filing of a request for continued examination and the submission under 37 CFR 1.114. See MPEP § 706.07(b). 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 DEREK J BATTISTI whose telephone number is (571)270-5709. The examiner can normally be reached 9:00 am - 5:00 pm M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Newhouse can be reached at 571-272-4544. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DEREK J BATTISTI/Primary Examiner, Art Unit 3734