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
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.
Claims 1 and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Power, II et al. (11,808,085) hereinafter Power.
Power discloses:
Claim 1: A climbing stick for use in climbing a tree, comprising:
a support bar (Fig. 1; 14) extending from a top end to a bottom end;
a top foot rung (Fig. 1; 24 upper) secured to the support bar near the top end;
a bottom foot rung (Fig. 1; 24 lower) secured to the support bar near the bottom end;
an upper brace (Fig. 1; see detail) secured to and extending from the support bar;
a lower brace (Fig. 1; see detail) secured to and extending from the support bar; and
a strap receiver (Fig. 2; 48) extending from the support bar in a direction opposite of the upper brace and the lower brace (Fig. 2; 48 extends from 14 in a direction opposite the brace);
wherein the upper brace and the lower brace are configured to engage with a tree (Col. 3, Lines 37-40); and
wherein a strap (not depicted but described - Col. 6, Lines 38-40) is configured to secure the climbing stick to the tree by wrapping around the tree and engaging with the strap receiver (Col. 6, Lines 38-40).
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Claim 7: The climbing stick of claim 1, wherein the upper brace further comprises:
a connection portion (Fig. 1; see detail) extending around the support bar;
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a channel (Fig. 1; located between left and right segments of 26) integral with the connection portion (Fig. 1; the channel is depicted as integral with the connection portion);
a first jaw (Fig. 1; 26 right) extending away from the channel and supporting a first plurality of teeth (Fig. 1; 26 right is depicted with teeth); and
a second jaw (Fig. 1; 26 left) extending away from the channel and supporting a second plurality of teeth (Fig. 1; 26 left is depicted with teeth);
wherein the channel is configured to receive a second support bar associated with a second walking stick (Fig. 10-11).
Claims 1 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Priest et al. (2016/0069133) hereinafter Priest.
Priest discloses:
Claim 1: A climbing stick for use in climbing a tree, comprising:
a support bar (Fig. 1; 22) extending from a top end to a bottom end;
a top foot rung (Fig. 1; 34 upper) secured to the support bar near the top end;
a bottom foot rung (Fig. 1; 34 lower) secured to the support bar near the bottom end;
an upper brace (Fig. 1; 26 upper) secured to and extending from the support bar;
a lower brace (Fig. 1; 26 lower) secured to and extending from the support bar; and
a strap receiver (Fig. 1; 38) extending from the support bar in a direction opposite of the upper brace and the lower brace (Fig. 1; 38 extends from 22 in a direction opposite 26);
wherein the upper brace and the lower brace are configured to engage with a tree (Para. [0017]); and
wherein a strap (Fig. 1; 39) is configured to secure the climbing stick to the tree by wrapping around the tree and engaging with the strap receiver (Fig. 6A).
Claim 10: The climbing stick of claim 1, further comprising a long bolt extending through the bottom foot rung and the support bar (Fig. 6; 96 extends through 34 and 22), the long bolt extending outward from the bottom foot rung (Fig. 6; 96 extends outward from 34).
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 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Power, II et al. (11,198,038) hereinafter Power.
Claim 8: The climbing stick of claim 1, wherein the climbing stick further comprises a height of approximately 20 inches (Col. 3, Lines 27-31).
While Power fails to specifically disclose a distance between a top of the top foot rung and a top of the bottom foot rung of approximately 18 inches, and a weight of approximately 1.75 pounds, the examiner asserts that the dimension would be commensurate with the step span ability of an average person. While Power fails to disclose a specific weight, Power does discuss using lightweight materials to reduce the overall weight of the climbing stick. Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to place the rungs at a distance apart that an average user could climb on and to make the weight of the climbing stick approximately 1.75 pounds to keep the overall weight of multiple climbing sticks nested together a manageable weight for an average person to carry over large distances.
Claim 9: The climbing stick of claim 1, wherein the climbing stick further comprises a height of approximately 17 inches (Col. 3, Lines 27-31).
While Power fails to specifically disclose a distance between a top of the top foot rung and a top of the bottom foot rung of approximately 15 inches, and a weight of approximately 1.6 pounds, the examiner asserts that the dimension would be commensurate with the step span ability of an average person. While Power fails to disclose a specific weight, Power does discuss using lightweight materials to reduce the overall weight of the climbing stick. Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to place the rungs at a distance apart that an average user could climb on and to make the weight of the climbing stick approximately 1.6 pounds to keep the overall weight of multiple climbing sticks nested together a manageable weight for an average person to carry over large distances.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Priest et al. (2016/0069133) hereinafter Priest.
Claim 11: The climbing stick of claim 1, wherein the strap receiver further comprises a bolt with an oval head (Fig. 1; 38), the oval head being spaced away from the support bar via a spacer (Fig. 7; 142).
While Priest fails to disclose a bolt with a circular head, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to change the shape of the head from oval to circular, since it has been held that changes in shape have no patentable significance absent persuasive evidence that the particular configuration is significant. See MPEP 2144.04(IV) (B) – Changes in Shape.
Claims 2-4, 12-16 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Power, II et al. (11,198,038) hereinafter Power, in view of Robbins (2015/0338259).
Claim 2: Power discloses the climbing stick of claim 1, but fails to disclose further comprising a first magnet attached to the support bar.
However, Robbins discloses a magnet (Fig. 2; 44).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify the climbing stick of Power to include the magnet, as taught by Robbins, with a reasonable expectation of success because it would allow the climbing sticks to attach to one another when they are nested together.
Claim 3: Power and Robbins disclose the climbing stick of claim 2, wherein the first magnet is attached to the support bar at a position between the upper brace and the top foot rung (once combined the magnet of Robbins would be located as depicted below).
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Claim 4: Power and Robbins disclose the climbing stick of claim 3, further comprising a second magnet (Robbins - Fig. 2; 44, Robbins discloses the use of multiple magnets, Para. [0021]) attached to the support bar at a position above the lower brace (Power - Fig. 1; 16 lower).
Claim 12: Power discloses a set of climbing sticks for use in climbing a tree (Fig. 10), the set of climbing sticks comprising:
a first climbing stick having a first support bar (Fig. 1; 14), a first top foot rung (Fig. 1; 24 upper) secured to the first support bar, a first bottom foot rung (Fig. 1; 24 lower) secured to the first support bar, a first upper brace (Fig. 1; see detail) secured to and extending from the first support bar, a first lower brace (Fig. 1; see detail) secured to and extending from the first support bar; and
a second climbing stick (Fig. 10; multiple identical climbing sticks are depicted) having a second support bar (Fig. 1; 14), a second top foot rung (Fig. 1; 24 upper) secured to the second support bar, a second bottom foot rung (Fig. 1; 24 lower) secured to the second support bar, a second upper brace (Fig. 1; see detail) secured to and extending from the second support bar, and a second lower brace (Fig. 1; see detail) secured to and extending from the second support bar.
Power fails to disclose and a magnet.
However, Robbins discloses a magnet (Fig. 2; 44).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify the climbing stick of Power to include the magnet, as taught by Robbins, with a reasonable expectation of success because it would allow the climbing sticks to attach to one another when they are nested together.
Claim 13: Power and Robbins disclose the set of climbing sticks of claim 12, wherein the first magnet is attached to the first support bar at a position between the first top foot rung and the first upper brace (once combined the magnet of Robbins would be located as depicted in Fig. 1).
Claim 14: Power and Robbins disclose the set of climbing sticks of claim 13, wherein when in a stacked configuration (Fig. 10), the second upper brace is positioned over and aligned with the first magnet (once combined the upper brace of Power is aligned with the magnet of Robbins).
Claim 15: Power and Robbins disclose the set of climbing sticks of claim 14, wherein the second upper brace comprises:
a connection portion (Power - Fig. 1; see detail) extending around the second support bar;
a channel (Power - Fig. 1; located between left and right segments of 26) integral with the connection portion (Power - Fig. 1; the channel is depicted as integral with the connection portion);
a first jaw (Power - Fig. 1; 26 right) extending away from the channel and supporting a first plurality of teeth (Power - Fig. 1; 26 right is depicted with teeth); and
a second jaw (Power - Fig. 1; 26 left) extending away from the channel and supporting a second plurality of teeth (Power - Fig. 1; 26 left is depicted with teeth);
wherein the channel is configured to receive the first support bar (Power - Fig. 10-11) at of the position of the first magnet (once combined with Robbins); and
wherein the channel at least partially wraps around the first support bar (Power - Fig. 10-11).
Claim 16: Power and Robbins disclose the set of climbing sticks of claim 12, wherein the first climbing stick further comprises a second magnet (Robbins - Fig. 2; 44, Robbins discloses the use of multiple magnets, Para. [0021]) attached to the first support bar at a position above the first lower brace (Power - Fig. 1; 16 lower), and wherein the second climbing stick is configured to secure to the first climbing stick (Power - Fig. 10-11) via the second magnet (once combined with Robbins).
Claim 18: Power discloses the set of climbing sticks of claim 12, wherein the first climbing stick further comprises a height of approximately 20 inches (Col. 3, Lines 27-31).
While Power fails to specifically disclose a distance between a top of the top foot rung and a top of the bottom foot rung of approximately 18 inches, and a weight of approximately 1.75 pounds, the examiner asserts that the dimension would be commensurate with the step span ability of an average person. While Power fails to disclose a specific weight, Power does discuss using lightweight materials to reduce the overall weight of the climbing stick. Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to place the rungs at a distance apart that an average user could climb on and to make the weight of the climbing stick approximately 1.75 pounds to keep the overall weight of multiple climbing sticks nested together a manageable weight for an average person to carry over large distances.
Claim 19: Power discloses the set of climbing sticks of claim 12, wherein the first climbing stick further comprises a height of approximately 17 inches (Col. 3, Lines 27-31).
While Power fails to specifically disclose a distance between a top of the top foot rung and a top of the bottom foot rung of approximately 15 inches, and a weight of approximately 1.6 pounds, the examiner asserts that the dimension would be commensurate with the step span ability of an average person. While Power fails to disclose a specific weight, Power does discuss using lightweight materials to reduce the overall weight of the climbing stick. Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to place the rungs at a distance apart that an average user could climb on and to make the weight of the climbing stick approximately 1.6 pounds to keep the overall weight of multiple climbing sticks nested together a manageable weight for an average person to carry over large distances.
Claims 5-6 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Power, II et al. (11,198,038) hereinafter Power, in view of Priest et al. (2016/0069133) hereinafter Priest.
Claim 5: Power discloses the climbing stick of claim 1, wherein the top foot rung further comprises:
a front side (Fig. 1; see detail), the front side having a first contact surface (Fig. 1; see detail);
a back side (Fig. 1; see detail), the back side having a second contact surface (Fig. 1; see detail); and
one or more spacers (Fig. 4; see detail) positioned between the front side and the back side;
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wherein the support bar is secured between the front side and the back side such that a gap is created between the front side and the back side (Fig. 1; 12 is secured in the area between the front side and the back side); and
wherein the first contact surface and the second contact surface are configured to engage with a user's foot when in use (Col. 3, Lines 17-19).
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Power fails to disclose the steps having a plurality of irregularly shaped openings extending therethrough.
However, Priest discloses steps having a plurality of irregularly shaped openings extending therethrough (Fig. 6; see detail).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify the steps of Power to include the openings, as taught by Priest, with a reasonable expectation of success because it would reduce the overall weight of the climbing stick making it lighter for transport.
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Claim 6: The climbing stick of claim 5, wherein the front side and the back side each further comprise a top edge with a plurality of protrusions extending therefrom (Fig. 1; located at the contact surface - see detail).
Claim 17: The set of climbing sticks of claim 12, wherein the first top foot rung further comprises:
a front side (Fig. 1; see detail);
a back side (Fig. 1; see detail); and
one or more spacers (Fig. 4; see detail) positioned between the front side and the back side such that a gap is created between the front side and the back side; wherein the first support bar is secured between the front side and the back side (Fig. 1; 12 is secured in the area between the front side and the back side).
Power fails to disclose the steps having a plurality of irregularly shaped openings extending therethrough.
However, Priest discloses steps having a plurality of irregularly shaped openings extending therethrough (Fig. 6; see detail).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify the steps of Power to include the openings, as taught by Priest, with a reasonable expectation of success because it would reduce the overall weight of the climbing stick making it lighter for transport.
Claims 12 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Priest et al. (2016/0069133) hereinafter Priest, in view of Robbins (2015/0338259).
Claim 12: Priest discloses a set of climbing sticks for use in climbing a tree (Fig. 9), the set of climbing sticks comprising:
a first climbing stick having a first support bar (Fig. 1; 22), a first top foot rung (Fig. 1; 34 upper) secured to the first support bar, a first bottom foot rung (Fig. 1; 34 lower) secured to the first support bar, a first upper brace (Fig. 1; 26 upper) secured to and extending from the first support bar, a first lower brace (Fig. 1; 26 lower) secured to and extending from the first support bar; and
a second climbing stick (Fig. 9; multiple identical climbing sticks are depicted) having a second support bar (Fig. 1; 22), a second top foot rung (Fig. 1; 34 upper) secured to the second support bar, a second bottom foot rung (Fig. 1; 34 lower) secured to the second support bar, a second upper brace (Fig. 1; 26 upper) secured to and extending from the second support bar, and a second lower brace (Fig. 1; 26 lower) secured to and extending from the second support bar.
Priest fails to disclose and a magnet.
However, Robbins discloses a magnet (Fig. 2; 44).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify the climbing stick of Priest to include the magnet, as taught by Robbins, with a reasonable expectation of success because it would allow the climbing sticks to attach to one another when they are nested together.
Claim 20: Priest discloses the set of climbing sticks of claim 12, wherein the first climbing stick further comprises a long bolt extending through the bottom foot rung and the support bar (Fig. 6; 96 extends through 34 and 22), the long bolt extending outward from the bottom foot rung (Fig. 6; 96 extends outward from 34).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kathleen M. McFarland whose telephone number is (571)272-9139. The examiner can normally be reached Monday-Friday 8:00am-4:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached at (571) 270-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Kathleen M. McFarland/Examiner, Art Unit 3635
Kathleen M. McFarland
Examiner
Art Unit 3635
/BRIAN D MATTEI/Supervisory Patent Examiner, Art Unit 3635