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
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.
Claim(s) 1, 8-11, and 17-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Popp (U.S. Patent No. 7,530,522).
With respect to Claim 1, Popp, Figures 1-10, teaches a spool flipper and payout machine comprising:
a platform 102,104,402 (See Figures 5A,5B); and
a rotating holder 200,208 coupled to the platform 102,104,402, wherein the rotating holder includes a first side (where pin 208 is mounted) and a second side (where spindle 220 is mounted) and is capable of rotating between a first position where the first side (where pin 208 is mounted) is perpendicular to the platform 104 (See Figures 2,6A,6B) and the second side is parallel to the platform 102,402 (See Figures 5A,5B) and a second position where first side is parallel to the platform and the second side is perpendicular to the platform (See Figures 6A,6B), wherein the first side includes a spool holder 220 extending therefrom that is capable of holding a spool 500 of wire therewithin, wherein the spool of wire 500 is placed in the spool holder 220 when the rotating holder is in the first position so that the spool is in a vertical position (See Figure 5B), and wherein when wire is to be removed from the spool the rotating holder is rotated to the second position (See Figures 6A,6B) so the spool is in the a horizontal position for unwinding.
With respect to Claim 8, Popp further teaches wherein the rotating member is manually rotated.
With respect to Claim 9, Popp further teaches wherein the rotating member is rotated by a mechanical mechanism.
With respect to Claim 10, Popp further teaches wherein the mechanical mechanism is hydraulic.
With respect to Claim 11, Popp further teaches wherein the mechanical mechanism is activated by a user.
With respect to Claim 17, Popp further teaches wherein the first side and the second side includes openings to enable the spool to be visible.
With respect to Claim 18, Popp further teaches wherein the first side and the second side include a plurality of first frame members to engage the platform and a plurality of second frame members to support the plurality of first frame members.
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(s) 2-6 and 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Popp as applied to Claims 1, 8-11, and 17-18 above, and further in view of Bates, III (U.S. Patent No. 10,934,118), hereinafter “Bates”.
With respect to Claim 2, Popp is advanced above.
Popp teaches all the elements of the spool holder except for wherein the spool holder includes a first support extending from a first end of the first side and a second support extending from a second end of the first side.
However, Bates, Figures 1-7, teaches a first support 38 extending from a first end of the first side and a second support 48 extending from a second end of the first side.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide Popp with a first support extending from a first end of the first side and a second support extending from a second end of the first side, as taught by Bates, for the purpose of facilitating the mounting of spools from different ends instead of one direction only.
With respect to Claim 3, Bates further teaches wherein the first support 36 is to secure a first end of the spool and the second support 46 is to secure a second end of the spool.
With respect to Claim 4, Bates further teaches wherein the spool holder includes a first clamp 38 on the first support and a second clamp 48 on the second support, wherein the first clamp is to be received in a hole in the first end of the spool and the second clamp is to be received in a hole in the second end of the spool.
With respect to Claim 5, Bates further teaches wherein the first clamp includes a retractable pin and the second clamp includes a retractable pin. Note main tube 20 is adjustable which facilitates loading of the roll. See Column 6, lines 62-65.
With respect to Claim 6, Bates further teaches wherein the retractable pin of the first clamp and the retractable pin of the second clamp are retracted to enable the spool to be received and are extended to secure the spool. Note main tube 20 is adjustable which facilitates loading of the roll. See Column 6, lines 62-65.
With respect to Claim 12, Bates further teaches wherein the rotating holder is only able to rotate when the first and the second clamps are activated to ensure that the spool is securely held in place.
With respect to Claim 13, Bates further teaches wherein the first and the second clamps are released to allow removal of the spool.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Popp in view of Bates as applied to Claims 1-6, 8-11, and 17-18 above, and further in view of Maley (U.S. Patent No. 7,461,809).
With respect to Claim 7, Popp in view of Bates are advanced above.
Popp in view of Bates teaches all the elements of the spool holder except for wherein the first support and the second support are triangularly shaped and include first and second arms extending from opposite ends of the first side and meeting at a point.
However, Maley, Figures 1-6, teaches a first support and the second support are triangularly shaped and include first 23 and second 24 arms extending from opposite ends of the first side and meeting at a point 21,22.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide Popp in view of Bates with triangularly shaped supports, as taught by Maley, for the purpose of supporting the spools at a distance from the main frame.
Claim(s) 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Popp as applied to Claims 1, 8-11, and 17-18 above, and further in view of admitted Prior Art, Figure 2.
With respect to Claims 14-15, Popp is advanced above.
Popp teaches all the elements of the machine but it is unclear whether there is a brake.
However, admitted Prior Art, Figure 2, and Paragraph [0002], teaches the use of a brake 240.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide Popp with a brake, as taught by the admitted Prior Art, for the purpose of controlling the speed of the rotation of the spools.
Allowable Subject Matter
Claims 16 and 19 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 an examiner’s statement of reasons for allowance:
Claims 16 and 19 are allowable over the prior art of record because the prior art of record does not teach or suggest the entire combination of elements of the spool flipper and payout machine set forth including wherein the first side and the second side include rounded exteriors to allow for rotation within the platform or wherein the plurality of first frame members are rounded to allow for rotation within the platform.
None of the references of the prior art teach or suggest wherein the first side and the second side include rounded exteriors to allow for rotation within the platform or wherein the plurality of first frame members are rounded to allow for rotation within the platform as advanced above and such do not provide the necessary motivation, absent applicant's specification, for modifying the spool flipper and payout machine in the manner required by the claims.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM ARAUZ RIVERA whose telephone number is (571)272-6953. The examiner can normally be reached Monday to Friday 9:00 AM to 8:00 PM MDT.
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, Victoria P. Augustine can be reached at 313-446-4858. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WILLIAM A. RIVERA/Primary Examiner, Art Unit 3654