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 . 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.
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 1-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schneider (US 2,910,769).
Regarding claim 1, Schneider discloses a container opening tool, including:
a main body 10 (Fig. 1, below), defining a longitudinal direction (left-right in Fig. 1) and including a first end portion (right end portion, Fig. 1) and a second end portion (left end portion) disposed on two opposite sides of the main body in the longitudinal direction (Fig. 1);
a first engaging portion (tip portion at 28), disposed on the first end portion and extending in the longitudinal direction (28 is disposed on the first/right end portion and extends in the longitudinal direction);
a second engaging portion (hexagonal aperture on right/first end portion), disposed on the first end portion, including a first mouth opening in a first direction (mouth defined by right hexagonal aperture opening out of the page, the first direction) lateral to the longitudinal direction (Examiner is interpreting “lateral to” as --sideways to--.;
a third engaging portion (tip 30 and corresponding concave curvature), disposed on the first end portion including a second mouth opening in a second direction lateral to the first direction and the longitudinal direction (mouth defined by curvature at 30 opens upward, the second direction, lateral to the longitudinal direction and the first direction); and
a fourth engaging portion (hexagonal aperture on left/second end portion), disposed on the second end portion, including a through hole extending in the first direction (left hexagonal aperture opening out of the page, the first direction).
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Regarding claim 2, Schneider discloses the limitations of claim 1, as described above, and further discloses wherein a diametrical dimension of the through hole (left hexagon, Fig. 1) is larger than or equal to a width of the first end portion in the second direction (left hexagonal aperture has a greater diameter dimension that element 30 and corresponding concave curvature).
Regarding claim 3, Schneider discloses the limitations of claim 1, as described above, and further discloses wherein the main body further includes a connecting section connected between the first end portion and the second end portion (inwardly curved middle section, Fig. 1), and a width of the connecting section is gradually increased in the longitudinal direction toward the second end portion (left half of curved middle section defines a gradually increasing width to the left, toward the second end portion).
Regarding claim 4, Schneider discloses the limitations of claim 3, as described above, and further discloses wherein the connecting section includes a necked portion (inwardly curved middle section, Fig. 1) connected with the first end portion, and in the longitudinal direction, a width of the necked portion is smaller than the first end portion and the second end portion (Fig. 1).
Regarding claims 5 and 6, Schneider discloses the limitations of claim 1, as described above, and further discloses
wherein the main body further includes a peripheral wall extending along an outer contour of the main body(outer wall of device, Fig. 1), and at least one rib 18, 20 is connected between two portions of the peripheral wall spaced apart from each other (connecting flat portions of peripheral wall), and
wherein two opposite sides of the main body in the first direction respectively have at least one said rib disposed thereon (Fig. 1, above).
Claims 1 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Deschenes (US 2,486,523).
Regarding claim 1, Deschenes discloses a container opening tool, including:
a main body 10 (Fig. 1, below), defining a longitudinal direction (left-right in Fig. 1) and including a first end portion (left end portion, Fig. 1) and a second end portion (right end portion) disposed on two opposite sides of the main body in the longitudinal direction (Fig. 1);
a first engaging portion (convex tip portion at left end, Fig. 1), disposed on the first end portion and extending in the longitudinal direction (convex tip is disposed on the first/left end portion and extends in the longitudinal direction);
a second engaging portion (hexagonal aperture on right/first end portion), disposed on the first end portion, including a first mouth opening in a first direction (mouth defined by aperture 27 opening out of the page, the first direction) lateral to the longitudinal direction (Examiner is interpreting “lateral to” as --sideways to--.;
a third engaging portion (30 defining concave curvature), disposed on the first end portion including a second mouth opening in a second direction lateral to the first direction and the longitudinal direction (mouth defined by concave curvature 30 opens downward, the second direction, lateral to the longitudinal direction and the first direction); and
a fourth engaging portion (ring 11 on right/second end portion), disposed on the second end portion, including a through hole 12 extending in the first direction (right aperture 12 opening out of the page, the first direction).
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Regarding claim 9, Deschenes discloses the limitations of claim 1, as described above, and further discloses wherein the fourth engaging portion further includes a plurality of recesses (notches 13) disposed on an inner peripheral surface defining the through hole (Fig. 1, above), the through hole is circumferentially closed, and the plurality of recesses are capable of bring engaged with a plurality of projections of a cap.
Allowable Subject Matter
Claims 7, 8, and 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. The reasons for indicating allowable subject matter is: the closest art of record, Schneider and Deschenes, teach the limitations of claims 1 and 4, as described above, but neither Schneider not Deschenes teaches second engaging portion includes two columns (defining hollow portions) spaced apart from each other and extending in the first direction (claim 7), two lips and two abutting surfaces located at two opposite sides of the second mouth, as particularly required in claims 8 and 10, in combination with the additional elements of the claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following US Patents and Publications teach devices generally consistent with the device of claim 1:
4967436 (Russel),
4167056 (Nattel),
6502483 (Swank, et al),
0936678 (Sommer),
20130327184 (Nelson),
20140237952 (Fesler),
20070283789 (Zeidler),
9676603 (Oakley), and
11161225 (Prescott).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN D KELLER whose telephone number is (571)272-8548. The examiner can normally be reached Mon-Fri 8-5.
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/BRIAN D KELLER/Supervisory Patent Examiner, Art Unit 3723