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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1 – 5 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation “said body being planar in manner, said body having a first side and a second side.” The limitation is indefinite for several reasons. First, Examiner notes that “planar” is commonly defined and understood as “two-dimensional in quality.” Because all physical elements, including the ‘body’ of the limitation, it is generally unclear as to how the entirety of the ‘body’ can be “planar.” Secondly, it is generally unclear as to Applicant’s intent regarding “in manner.” For the purposes of this Office Action, Examiner will interpret the limitation as “said body having a first side and a second side, said first side being planar.”
Claim 3 recites the limitation “wherein said at least one reinforcement member is oriented longitudinally on said body intermediate said first end and said second end.” Examiner notes that “intermediate” is commonly defined and understood as “being or occurring at the middle plate, stage, or degree or between extremes.” Therefore, Applicant’s intent regarding ‘oriented intermediate said first end and said second end’ is unclear. For the purposes of this Office Action, Examiner will interpret the limitation as “wherein said at least one reinforcement member is oriented longitudinally on said body between said first end and said second end.”
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.
Claim(s) 1 - 3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nice (U.S. Patent Application Publication Number 2023/0101508).
As to claim 1, Nice teaches a post pulling device configured to assist in extraction of posts partially buried in a ground (abstract) wherein the post pulling device comprises: a body (figure 1, element 100 being the ‘body’; paragraph 21), said body having a first side and a second side (figure 5, bottom side of element 100 being the ‘first side’ and top side of element 100 being the ‘second side’), said body being planar on the first side (figure 5, bottom side of element 100), said body having a first end and a second end (figures 1 and 5, element 102 being the ‘first end’ and element 103 being the ‘second end’; paragraph 22), said body being manufactured from a rigid material (figure 1, element 100; paragraph 38); a post aperture (figures 1 and 4, element 140 being the ‘post aperture’; paragraph 22), said post aperture being formed in said body proximate said second end (figure 1, elements 140 and 103), said at least one post aperture being annular in shape (figure 1, element 140); a connection aperture (figure 1, element 130 being the ‘connection aperture’; paragraph 22), said connection aperture being formed in said body proximate said first end (figure 1, elements 130 and 102), said connection aperture configured to facilitate coupling said body to a fastener (figure 4, element 130; paragraph 26). Examiner notes that the T-post of Nice may reasonably be considered to be a ‘fastener’ (figure 4, element P being the ‘T-post’; paragraph 26) because it acts to ‘fasten’ a fencing to the ground.
As to claim 2, Nice further teaches reinforcement member (figure 1, element 160 being the ‘reinforcement member’; paragraphs 21 – 22), said reinforcement member being elongated in shape (figure 1, element 160), said reinforcement member being secured to the second side of said body (figures 1 and 3, element 160). Examiner notes that the ‘magnet’ of Nice (element 160) may reasonably be considered to be a ‘reinforcement member’ because Nice teaches that the magnet is embedded into the body (figure 1, elements 160 and 100; paragraph 35). Therefore, if the magnet were removed from the body, there would be a void left in the body, which would act to reduce (at least minimally) the strength of the body).
As to claim 3, Nice teaches that the reinforcement member is oriented longitudinally on said body between said first end and said second end (figure 1, elements 160, 102, and 103).
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.
Claim(s) 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Nice as applied to claim 3 above, and further in view of Williams (U.S. Patent Number 7,040,602).
As to claim 4, Nice does not teach the post aperture including a beveled edge. Williams teaches a post pulling device configured to assist in extraction of posts partially buried in a ground (abstract) wherein the post pulling device comprises: a body (figures 1 and 2, element 14 being the ‘body’; column 2, lines 35 – 38); and a post aperture (figure 2, element 48 being the ‘post aperture’; column 3, lines 24 – 29). Williams further teaches the post aperture including a beveled edge (figure 2, element 56a being the ‘beveled edge’; column 3, lines 31 – 38), said beveled edge having an angle configured to facilitate engagement with a post (figure 2, element 56a; column 3, lines 31 – 38). It would have been obvious to one skilled in the art to provide the post aperture of Nice with a beveled edge, as taught by Williams, because Nice expressly teaches a hook being inserted into the post aperture (paragraph 27), and Williams expressly teaches that a beveled edge allows objects to be more easily inserted into the post aperture (column 3, lines 31 – 38).
As to claim 5, Nice teaches that the body is manufactured from metal (figure 1, element 100; paragraph 38).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER BESLER whose telephone number is (571)270-5331. The examiner can normally be reached Monday - Friday, 10:30 am - 7:30 pm (EST).
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/CHRISTOPHER J. BESLER/Primary Examiner, Art Unit 3726