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 .
DETAILED ACTION
Claims 1 – 20 have been examined.
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.
Claims 1 – 5 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Hisler (2011/0036130). In regard to claims 1 and 7, Hisler discloses a protection device comprising first and second tube structures shaped to engage at least a portion of a device to be protected and attachable to a vehicle frame (Fig. 1, end portions of item 105), and first and second wire ropes encased within the first and second tube structures (Fig. 1, item 113), and wherein at least a portion of the first and second tube structures hides the wire rope from view (Fig. 1).
In regard to claims 2 and 7, Hisler discloses wherein the first and second tube structures includes one or more curvatures to surround at least a portion of the device to be protected (Fig. 1, item 111).
In regard to claim 3, Hisler discloses wherein the tube structure includes one or more attachment plates to attach the tube structure to a mounting structure (Fig. 1, item 109).
In regard to claim 4, Hisler discloses wherein the one or more curvatures of the tube structure are configured to prevent removal of the device to be protected when the one or more attachment plates are attached to the mounting structure (paragraph 21).
In regard to claim 5, Hisler discloses wherein the device to be protected is a catalytic converter and the mounting structure is a portion of a vehicle frame, wherein the one or more curvatures of the tube structure are configured to surround the catalytic converter to prevent removal when the one or more attachment plates are mounted to the vehicle frame (paragraphs 3, 15, and 21).
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 6 is rejected under 35 U.S.C. 103 as being unpatentable over Hisler (2011/0036130) as applied to claims 1 – 5 and 7 above. Hisler does not disclose the dimensions recited in claim 6. In regard to claim 6, It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention provide components sized as recited in claim 6, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Allowable Subject Matter
Claims 8 – 20 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 following is a statement of reasons for the indication of allowable subject matter: Hisler (2011/0036130) discloses a protection similar to the instant invention; however Hisler, either alone or in combination, neither discloses nor suggests a protection device wherein the first tube structure has a U shape. These limitations, in combination with each and every other independent claim limitation, are not shown in the currently cited prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Dusa (8,453,784) discloses an exhaust system protection device;
Todd (11,713,706) discloses a catalytic converter anti-theft device;
Tamagni (11,897,418) discloses a system for deterrence of catalytic converter theft;
Pringle (D879,008) discloses a lockable, removable, attachable, catalytic converter cage.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN DANIEL WALTERS whose telephone number is (571)272-8269. The examiner can normally be reached M-F, 8 am - 5 pm (PT).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Allen Shriver can be reached at 303.297.4337. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JOHN D WALTERS/ Primary Examiner, Art Unit 3613