IDETAILED ACTION
This is the first Office Action on the merits and is responsive to the papers filed on April 17, 2024. Claims 1-16 are currently pending and are examined below.
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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description:
Element 40 is missing from FIG. 2.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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, 3-4, 6-9, 11-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Craig Allen Kukuk (US 20020163799 A1; hereinafter Kukuk)
Regarding claim 1, Kukuk teaches a baton with incorporated chemical spray, the baton comprising: a handle portion (element 102 in FIG. 2); a striking portion connected to the handle portion (annotated FIG below shows the striking portion that is connected to the handle portion), wherein the striking portion and the handle portion enable a primary use of the baton as a striking device (“the invented combination baton places both defensive and offensive tools together in the user's hand, along with a flashlight. The user keeps a light, deterrent spray, stun gun and a baton for offensive and defensive purposes” (recited in at least: Kukuk paragraph [0017]); Kukuk teaches the structure that is capable of performing the intended use of “a striking device.” The recitation of the intended use in the instant application must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art.); a chemical spray canister encased within the handle portion (When screwed into place canister Stem 37 will enter Deterrent Spray Canister Valve 30 (recited in at least: Kukuk paragraph [0040])) and enabling a secondary use of the baton as a chemical spray device Kukuk teaches the structure that is capable of performing the intended use of “a chemical spray device.” The recitation of the intended use in the instant application must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art; a nozzle configured to receive a chemical flow from the chemical spray canister and dispense the chemical spray; and a spray activation switch configured to selectively release the chemical flow from the chemical spray canister and channel the chemical flow to the nozzle (“Access Port 22 of FIG. 1 accepts Deterrent Spray Canister 23. Deterrent Spray Canister 23 is pushed through Access Port 22 through Hollow Handle 11 internally until Canister Plug 24 a threaded bottom affixed to Deterrent Spray Canister 23 begins to advance upward screwing into Access Port 22 of Exterior Shell 10. When screwed into place canister Stem 37 will enter Deterrent Spray Canister Valve 30, threaded Plug 24 will keep Access Port 22 watertight. The Deterrent Spray Canister 23 and Canister Plug 24 are designed as a 1 piece Disposable Unit” (recited in at least: Kukuk paragraph [0040])).
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Regarding claim 3, Kukuk discloses the claimed matter as stated above, and Kukuk further discloses wherein the chemical spray canister is disposed within the handle (“Deterrent Spray Canister 23 is pushed through Access Port 22 through Hollow Handle 11” (recited in at least: Kukuk paragraph [0040])).
Regarding claim 4, Kukuk discloses the claimed matter as stated above, and Kukuk further discloses wherein the handle is a primary handle portion; wherein the primary handle portion is in-line with the striking portion; and further comprising a secondary handle portion oriented perpendicular to the primary handle portion (“This smaller profile unit will allow undercover law enforcement and possibly airline security personnel to carry the Handle Unit 102 of FIG. 3” also shown as element 102 in the annotated FIG above).
Regarding claim 6, Kukuk discloses the claimed matter as stated above, and Kukuk further discloses wherein the chemical spray canister is disposed within the primary handle portion (“Access Port 22 of FIG. 1 accepts Deterrent Spray Canister 23. Deterrent Spray Canister 23 is pushed through Access Port 22 through Hollow Handle 11 internally until Canister Plug 24 a threaded bottom affixed to Deterrent Spray Canister 23 begins to advance upward screwing into Access Port 22 of Exterior Shell 10” (recited in at least: Kukuk paragraph [0040])).
Regarding claim 7, Kukuk discloses the claimed matter as stated above, and Kukuk further discloses wherein the nozzle is disposed at an end of the handle (“Deterrent Spray Canister 23 is pushed through Access Port 22 through Hollow Handle 11” (recited in at least: Kukuk paragraph [0040])).
Regarding claim 8, Kukuk discloses the claimed matter as stated above, and Kukuk further discloses wherein the chemical spray canister is disposed within the handle (element 102 in FIG. 1).
Regarding claim 9, Kukuk discloses the claimed matter as stated above, and Kukuk further discloses wherein the handle is a primary handle portion; wherein the primary handle portion is in-line with the striking portion; and further comprising a secondary handle portion oriented perpendicular to the primary handle portion (“This smaller profile unit will allow undercover law enforcement and possibly airline security personnel to carry the Handle Unit 102 of FIG. 3” also shown as element 102 in the annotated FIG above).
Regarding claim 11, Kukuk discloses the claimed matter as stated above, and Kukuk further discloses wherein the chemical spray canister is disposed within the secondary handle portion (“Access Port 22 of FIG. 1 accepts Deterrent Spray Canister 23. Deterrent Spray Canister 23 is pushed through Access Port 22 through Hollow Handle 11 internally until Canister Plug 24 a threaded bottom affixed to Deterrent Spray Canister 23 begins to advance upward screwing into Access Port 22 of Exterior Shell 10” (recited in at least: Kukuk paragraph [0040])).
Regarding claim 12, Kukuk discloses the claimed matter as stated above, and Kukuk further discloses wherein the baton is configured for existing alternatively in a retracted/ready to dispense spray state or in an extended/spray disabled state (FIG. 1shows the retracted state and FIG. 2 shows the ready state).
Regarding claim 13, Kukuk discloses a baton with incorporated chemical spray, the baton comprising: a striking portion (annotated FIG above shows the striking portion that is connected to the handle portion); a primary handle portion oriented to be in-line with the striking portion and connected to the handle portion, wherein the striking portion and the primary handle portion enable a primary use of the baton as a striking device (“the invented combination baton places both defensive and offensive tools together in the user's hand, along with a flashlight. The user keeps a light, deterrent spray, stun gun and a baton for offensive and defensive purposes” (recited in at least: Kukuk paragraph [0017]); Kukuk teaches the structure that is capable of performing the intended use of “a striking device.” The recitation of the intended use in the instant application must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art.); a secondary handle portion oriented to be perpendicular to the primary handle portion (“This smaller profile unit will allow undercover law enforcement and possibly airline security personnel to carry the Handle Unit 102 of FIG. 3” also shown as element 102 in the annotated FIG above); a chemical spray canister encased within the secondary handle portion and enabling a secondary use of the baton as a chemical spray device (“Access Port 22 of FIG. 1 accepts Deterrent Spray Canister 23. Deterrent Spray Canister 23 is pushed through Access Port 22 through Hollow Handle 11 internally until Canister Plug 24 a threaded bottom affixed to Deterrent Spray Canister 23 begins to advance upward screwing into Access Port 22 of Exterior Shell 10” (recited in at least: Kukuk paragraph [0040])); a nozzle configured to receive a chemical flow from the chemical spray canister and dispense the chemical spray (“When screwed into place canister Stem 37 will enter Deterrent Spray Canister Valve 30, threaded Plug 24 will keep Access Port 22 watertight” (recited in at least: Kukuk paragraph [0040])) ; and a spray activation mechanism configured to selectively release the chemical flow from the chemical spray canister; and wherein the chemical flow is channeled to the nozzle (“this compresses Flashlight Switch 27 turning on the light while simultaneously lining up the holes in the Slide Switch 28 with the Spray Canister Valve 30, making accessible Deterrent Spray Valve 30” (recited in at least: Kukuk paragraph [0043])).
Regarding claim 15, Kukuk discloses the claimed matter as stated above, and Kukuk further discloses wherein the chemical spray canister is disposed within the secondary handle portion (“Access Port 22 of FIG. 1 accepts Deterrent Spray Canister 23. Deterrent Spray Canister 23 is pushed through Access Port 22 through Hollow Handle 11 internally until Canister Plug 24 a threaded bottom affixed to Deterrent Spray Canister 23 begins to advance upward screwing into Access Port 22 of Exterior Shell 10” (recited in at least: Kukuk paragraph [0040])).
Regarding claim 16, Kukuk discloses a baton with incorporated chemical spray, the baton comprising: a handle portion (element 102 in FIG. 2); a striking portion including a plurality of extending portions (annotated FIG above shows the striking portion that is connected to the handle portion), wherein the striking portion with the extending portions in an extended state and the handle portion enable a primary use of the baton as a striking device (FIG. 1 shows the striking portion not extended and FIG. 2 shows the striking portion extended. Kukuk teaches the structure that is capable of performing the intended use of “a striking device.” The recitation of the intended use in the instant application must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art); a chemical spray canister encased within the baton and enabling a secondary use of the baton as a chemical spray device (When screwed into place canister Stem 37 will enter Deterrent Spray Canister Valve 30 (recited in at least: Kukuk paragraph [0040]) Kukuk teaches the structure that is capable of performing the intended use of “a chemical spray device.” The recitation of the intended use in the instant application must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art); a nozzle configured to receive a chemical flow from the chemical spray canister and configured to dispense the chemical spray; and a spray activation mechanism configured to selectively release the chemical flow from the chemical spray canister and channel the chemical flow to the nozzle (“Access Port 22 of FIG. 1 accepts Deterrent Spray Canister 23. Deterrent Spray Canister 23 is pushed through Access Port 22 through Hollow Handle 11 internally until Canister Plug 24 a threaded bottom affixed to Deterrent Spray Canister 23 begins to advance upward screwing into Access Port 22 of Exterior Shell 10. When screwed into place canister Stem 37 will enter Deterrent Spray Canister Valve 30, threaded Plug 24 will keep Access Port 22 watertight. The Deterrent Spray Canister 23 and Canister Plug 24 are designed as a 1 piece Disposable Unit” (recited in at least: Kukuk paragraph [0040])); and wherein the baton is configured for existing alternatively in a retracted/ready to dispense spray state or in an extended/spray disabled state (FIG. 1shows the retracted state and FIG. 2 shows the ready state).
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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Kukuk in view of Craig Kukuk (US 6499855 B1; hereinafter Craig) in view of B.A. Adamovich (RU 2199072 C2; hereinafter Adamovich).
Regarding claim 2, Kukuk discloses the claimed matter as stated above; however, Kukuk doesn’t explicitly disclose wherein the nozzle is disposed at an end of the striking portion.
Adamovich teaches wherein the nozzle is disposed at an end of the striking portion (“a housing with a handle and a cylindrical cavity, a metal cylindrical cartridge with a dust-like substance, on one side of which a firing pin and a wad are located, a high-pressure cylinder with carbon dioxide” (recited in at least: Adamovich paragraph [0008])).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have added a nozzle at the end of the striking portion as taught by Adamovich to the baton system of Kukuk for the added benefit of maintain distance between the person using the baton with the spray so the spray doesn’t get on them while using.
Claims 5, 10, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Kukuk in view of Craig Kukuk (US 6499855 B1; hereinafter Craig).
Regarding claim 5, Kukuk discloses the claimed matter as stated above; however, Kukuk doesn’t explicitly disclose wherein the chemical spray canister is disposed within the secondary handle portion.
Craig teaches wherein the chemical spray canister is disposed within the secondary handle portion (“FIGS. 5A-5C are side, cross-section views of the alternative component parts of one embodiment of the invention, namely baton part (FIG. 5A), flashlight with integral, orthogonal handle with pepper sprayer (FIG. B), and flashlight with pepper sprayer in the same end as the flashlight (FIG. 5C)” (recited in at least: Craig [column 2, lines 32-37])).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have added the chemical spray canister to the secondary handle portion as taught by Craig into the baton system of Kukuk for the added benefit of giving a user the ability to use the chemical spray from an orientation that is needed while holding the baton.
Regarding claim 10, Kukuk discloses the claimed matter as stated above; however, Kukuk doesn’t explicitly disclose wherein the chemical spray canister is disposed within the secondary handle portion.
Craig teaches wherein the chemical spray canister is disposed within the secondary handle portion (“FIGS. 5A-5C are side, cross-section views of the alternative component parts of one embodiment of the invention, namely baton part (FIG. 5A), flashlight with integral, orthogonal handle with pepper sprayer (FIG. B), and flashlight with pepper sprayer in the same end as the flashlight (FIG. 5C)” (recited in at least: Craig [column 2, lines 32-37])).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have added the chemical spray canister to the secondary handle portion as taught by Craig into the baton system of Kukuk for the added benefit of giving a user the ability to use the chemical spray from an orientation that is needed while holding the baton.
Regarding claim 14, Kukuk discloses the claimed matter as stated above; however, Kukuk doesn’t explicitly disclose wherein the chemical spray canister is disposed within the primary handle portion.
Craig teaches wherein the chemical spray canister is disposed within the secondary handle portion (“FIGS. 5A-5C are side, cross-section views of the alternative component parts of one embodiment of the invention, namely baton part (FIG. 5A), flashlight with integral, orthogonal handle with pepper sprayer (FIG. B), and flashlight with pepper sprayer in the same end as the flashlight (FIG. 5C)” (recited in at least: Craig [column 2, lines 32-37])).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have added the chemical spray canister to the secondary handle portion as taught by Craig into the baton system of Kukuk for the added benefit of giving a user the ability to use the chemical spray from an orientation that is needed while holding the baton.
Conclusion
The prior art made of record and not relied upon is considered pertinent to the applicant’s disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SELWA A ALSOMAIRY whose telephone number is (703)756-5323. The examiner can normally be reached M-F 7:30AM to 5PM EST.
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/SELWA A ALSOMAIRY/Examiner, Art Unit 3715
/PETER S VASAT/Supervisory Patent Examiner, Art Unit 3715