DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
STATUS OF CLAIMS
This Non-Final action is in reply to the application 18,374,498 filed on 12/12/2023.
Claims 1 – 10 are currently pending and have been examined.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on was filed after the mailing date of the 12/12/2023 fully considered by examiner The submission is in compliance with the provisions of 37 CFR 1.97.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 – 4, 7 and 8 are rejected under 35 U.S.C. 102(a1)(a2) as being unpatentable over US Patent 5433359 – Flowers et al. hereinafter FLOWERS
Regarding Claim 1
Flower discloses:
A wrist-worn gardening tool system comprising:
a band having an inner surface opposite an outer surface, the band being configured to fit around a wrist of a user; ( Col 1 -line 5 – 10, a band that can fit around users arm and have adjustable strap)
a gardening tool; and (Col 1 -line 5 – 10 – tools)
a fastener releasably securing the gardening tool to the band.( col 3 line 10 – 27 – Velcro used to fasten the tool to the arm)
Claim interpretation : ***Flower discloses that tools that can be attached to the wrist may be any generic hand tool used in a home or yard context , it does not specify specific types of tools.***
Regarding Claim 2
FLOWER discloses claim 1
FLOWER discloses:
2. The wrist-worn gardening tool system of claim 1, the band further comprising a resiliently stretchable material. (Col 2 line 50 – 55 – elastic material)
Regarding Claim 3
FLOWER discloses claim 1
FLOWER discloses:
3. The wrist-worn gardening tool system of claim 1, wherein the band has a break therein to define a first end and a second end, the first end being couplable to the second end whereby the band forms a closed loop.( fig. 3 – closed loop strap)
Regarding Claim 4
FLOWER discloses claim 3
FLOWER discloses:
4. The wrist-worn gardening tool system of claim 3, further comprising a retainer being coupled to the band and being configured to releasably retain the band in the closed loop, the retainer being coupled to the first end, the second end being adjustably coupled to the retainer whereby a diameter of the closed loop is adjustable, the closed loop thereby being configured to complement a diameter of the wrist of the user.( col 4 line 5 – 27 – wherein this can be mounted on an arm 18, the strap is pulled through a ring to adjust to the size see figure 5)
Regarding Claim 7
FLOWER discloses claim 1
Flower discloses:
7. The wrist-worn gardening tool system of claim 1, wherein the fastener comprises a hook and loop material. (Col 3 line 15 – 20 – wherein the fastener is a hook and loop also known as Velcro)
Regarding Claim 8
FLOWER discloses claim 1
Flower additionally discloses that tools that can be attached to the wrist may be any generic hand tool used in a home or yard context , it does not specify specific types of tools.
8. The wrist-worn gardening tool system of claim 1, the fastener further comprising:
a first mating member being attached to the gardening tool; and (fig. 4 discloses a tool attached to the band, the tool having a first mating member – 1 side of the Velcro(hook and loop))
a second mating member being removably engageable with the first mating member, the band having the second mating member attached thereto. (fig. 4 the second mating member is the band 2nd side / other side of Velcro(hook and loop))
Claim Rejections - 35 USC § 103
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 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) 5, and 6 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 5433359 – Flowers et al. hereinafter FLOWERS in view of US Patent 5752285 – Bendheim et al. hereinafter as BENDHEIM
Regarding Claim 5
FLOWER discloses claim 1
Flower additionally discloses that tools that can be attached to the wrist may be any generic hand tool used in a home or yard context , it does not specify specific types of tools. BENDHEIM discloses of the gardening tool further comprising a soil manipulator being configured to break up soil. (Fig. 3 A - Fork like tool )
Therefore, it would have been obvious for one having ordinary skill to modify the generic hand tool that can be used in a home or yard context of FLOWER to utilize BENDHEIM’s gardening rake as doing so merely constitutes the use of a specific known detachable gardening hand tool to produce the predictable result of using a gardening trowel compared to a generic tool (MPEP 2143, Subsection I, A).
Regarding Claim 6
FLOWER / BENDHEIM discloses claim 5
BENDHEIM discloses the limitation of a gardening tool combination as disclosed in claim 5
6. The wrist-worn gardening tool system of claim 5, the soil manipulator further comprising:
a body being configured for gripping by a hand of the user, the body being curved whereby the body is configured to complement a curvature of the wrist of the user; ( See fig. 3a – body curved)
a plurality of tines being attached to and extending from an end of the body, the plurality of tines being configured to break up the soil. ((See Fig. 3A – wherein the body shape is curved, wherein the fork elements of 17 are the Tines attached to the end of the body for engaging in ground)
Claim(s) 9 is rejected under 35 U.S.C. 103 as being unpatentable over US Patent 5433359 – Flowers et al. hereinafter FLOWERS in view of Title: “Watering Can": WURLD page 4 hereinafter as WURLD
Regarding Claim 9
FLOWER discloses claim 8
FLOWER disclose of a wrist worn tool system that uses a hook and loop for attaching a gardening tool to the wrist, a gardening tool having a first mating member and the wrist strap having the second mating member, FLOWER discloses mating members using Velcro (loop and hook) with a first mating member and second mating member, WURLD discloses of tool system that can be attach gardening tools to a watering container, WURLD discloses:
a watering container being configured to hold and a liquid and direct a flow of the liquid outwardly from the watering container, the watering container including: (WURLD page 4 watering container)
a housing having a bottom wall and a perimeter wall being attached to and extending upwardly from the bottom wall, the perimeter wall having an opening therein to access an interior space of the housing, the liquid being held in the interior space; (WURLD page 4 watering container, wherein the container has a bottom wall and the perimeter is attached to the bottom with an opening at top for water to fill up container)
a spout being attached to the housing and being in fluid communication with the interior space; (WURLD page 4 watering container spout)
a handle being attached to and extending outwardly from the housing; (WURLD page 4 watering container handle)
an another one of the mating members being attached to an outside surface of the perimeter wall for releasably coupling the gardening tool to the watering container. (WURLD page 4 watering container with tool attachment using straps)
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for FLOWER discloses of attaching gardening tools to an arm using a first mating members and a second mating member being attached to the wrist to be utilized the tool system for attaching tools to a water container as taught by WURLD. DOING so would be obvious to attach tools to objects (.i.e. watering container) for another to product the predictable result of attaching tools to provide a convenient way to utilize tools in one place. (MPEP 2143, subsection I, B).
Additionally , in light of the teachings of FLOWER, the use of Velcro would be a viable connection mechanism to attach tools with. Doing so merely constitutes the substitution of hook and loop that has a first mating member and second mating member for another connection mechanism for another to produce the predictable result of attaching tools to objects (MPEP 2143, subsection I, B).
Claim(s) 10 is rejected under 35 U.S.C. 103 as being unpatentable over US Patent 5433359 – Flowers et al. hereinafter FLOWERS in view of US Patent 5752285 – Bendheim et al. hereinafter as BENDHEIM in view of Title: “Watering Can": WURLD page 4 hereinafter as WURLD
Regarding Claim 10
FLOWER discloses
10. A wrist-worn gardening tool system comprising:
a band having an inner surface opposite an outer surface, the band being configured to fit around a wrist of a user, ( Col 1 -line 5 – 10, a band that can fit around users arm and have adjustable strap) the band comprising a resiliently stretchable material; (Col 2 line 50 – 55 – elastic material)
a gardening tool; (Col 1 -line 5 – 10 – tools)
a fastener releasably securing the gardening tool to the band; ( col 3 line 10 – 27 – Velcro used to fasten the tool to the arm)
the fastener comprising:
a first mating member being attached to the gardening tool; (fig. 4 discloses a tool attached to the band, the tool having a first mating member – 1 side of the Velcro(hook and loop))
a second mating member being removably engageable with the first mating member, the band having the second mating member attached thereto; (fig. 4 the second mating member is the band 2nd side / other side of Velcro(hook and loop))
wherein the fastener comprises a hook and loop material; ( Col 3 line 15 – 20 – Velcro hook and loop )
Flower discloses that tools that can be attached to the wrist may be any generic hand tool used in a home or yard context , it does not specify specific types of tools. Additionally BENDHEIM teaches:
the gardening tool including a soil manipulator being configured to break up soil, the soil manipulator comprising: (See Fig. 3A – wherein the body shape is curved, wherein the fork elements of 17 are the Tines attached to the end of the body for engaging in ground)
a body being configured for gripping by a hand of the user, the body being curved whereby the body is configured to complement a curvature of the wrist of the user; ( See fig. 3a – body curved)
a plurality of tines being attached to and extending from an end of the body, the plurality of tines being configured to break up the soil; ( See fig. 3a – tines 3 poking elements 17)
Flower additionally discloses that tools that can be attached to the wrist may be any generic hand tool used in a home or yard context , it does not specify specific types of tools. BENDHEIM discloses of the gardening tool further comprising a soil manipulator being configured to break up soil. (Fig. 3 A - Fork like tool )
Therefore, it would have been obvious for one having ordinary skill to modify the generic hand tool that can be used in a home or yard context of FLOWER to utilize BENDHEIM’s gardening rake as doing so merely constitutes the use of a specific known detachable gardening hand tool to produce the predictable result of using a gardening trowel compared to a generic tool (MPEP 2143, Subsection I, A).
FLOWER / BENDHEIM disclose from of a wrist worn tool system that uses a hook and loop for attaching a gardening tool such as a gardening fork / rake to the wrist, a gardening tool having a first mating member and the wrist strap having the second mating member, FLOWER discloses mating members using Velcro( loop and hook) with a first mating member and second mating member WURLD discloses of tool system that can attach gardening tools to a watering container, WURLD discloses:
a watering container being configured to hold and a liquid and direct a flow of the liquid outwardly from the watering container, the watering container comprising: (WURLD page 4 watering container)
a housing having a bottom wall and a perimeter wall being attached to and extending upwardly from the bottom wall, the perimeter wall having an opening therein to access an interior space of the housing, the liquid being held in the interior space; (WURLD page 4 watering container, wherein the container has a bottom wall and the perimeter is attached to the bottom with an opening at top for water to fill up container)
a spout being attached to the housing and being in fluid communication with the interior space; (WURLD page 4 watering container spout)
a handle being attached to and extending outwardly from the housing;
and an another one of the second mating members being attached to an outside surface of the perimeter wall for releasably coupling the gardening tool to the watering container. (WURLD page 4 watering container with tool attachment using straps)
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for FLOWER discloses of attaching gardening tools to an arm using a first mating members and a second mating member being attached to the wrist to be utilized the system for attaching tools to a water container as taught by WURLD. DOING so would be obvious to attach tools to objects (.i.e. watering container) for another to product the predictable result of attaching tools to provide a convenient way to utilize tools in one place. (MPEP 2143, subsection I, B).
Additionally , in light of the teachings of FLOWER, the use of Velcro would be a viable connection mechanism to attach tools with. Doing so merely constitutes the substitution of hook and loop that has a first mating member and second mating member for another connection mechanism for another to produce the predictable result of attaching tools to objects (MPEP 2143, subsection I, B).
Conclusion
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/A.H.T/Examiner, Art Unit 3671
/CHRISTOPHER J SEBESTA/Supervisory Patent Examiner, Art Unit 3671