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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the structural component being a component of a robotics system must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 16-18 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 16 currently states “..a flexible collar including a plurality of ribs spaced therearound and a plurality of recesses positioned between the plurality of ribs, the plurality of ribs and the plurality of recesses extending inward and downward…” This limitation is confusing because it’s unclear where the plurality ribs and plurality of recesses are extending inward and downward from. Further clarification is required. The claim has been examined below as best the Examiner can understand.
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.
Claim(s) 1, 8, 12, and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Krueger (US 11071401).
Regarding Claim 1
Krueger teaches a holding system (below – Fig. 2 and 5A, B, D, and E) comprising: a holder (100) including: a peripheral lip (502); and a flexible collar (518) extending inward and downward from the peripheral lip, the flexible collar defining an opening (510) configured to receive an object; and a plurality of slide pads (108) having at least a portion thereof positioned along an upper side of the flexible collar, as can be seen in the figures below (Col. 4, Ln. 6 – Col. 7, Ln,. 10).
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Regarding Claim 8
Krueger teaches the holding system includes the plurality of slide pads (108), as can be seen above.
Regarding Claim 12
Krueger teaches the flexible collar includes a plurality of ribs (514) spaced therearound and a plurality of recesses (512) positioned between the plurality of ribs, as can be seen in the figures above.
Regarding Claim 16
Krueger teaches a holding system comprising: a flexible collar (518) including a plurality of ribs (514) spaced therearound and a plurality of recesses (512) positioned between the plurality of ribs, the plurality of ribs and the plurality of recesses extending inward and downward, the flexible collar defining an opening (510) configured to receive an object; and a plurality of slide pads (108) having a first portion positioned above an upper side of the plurality of ribs (Fig. 5D) and a second portion positioned below an underside of the plurality of ribs (Fig. 5E) , as can be seen in the figures above (Col. 4, Ln. 6 – Col. 7, Ln,. 10).
Claim(s) 1-6, 12, 13, and 15-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bieck et al. (US 5839711) (hereinafter Bieck).
Regarding Claim 1
Bieck teaches a holding system (below – Fig. 1 and 2) comprising: a holder (10) including: a peripheral lip (16); and a flexible collar (18/20) extending inward and downward from the peripheral lip, the flexible collar defining an opening configured to receive an object; and a biasing element (22) extending along and around a periphery of an underside of the flexible collar (Col. 2, Ln. 9-58).
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Regarding Claims 2-5
Bieck teaches the peripheral lip (16) defines a plurality of apertures (shown below) configured to facilitate coupling the holder to a structural component (e.g. a car cup holder – with the car being a robotics system).
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Regarding Claim 6
Bieck teaches the holding system includes the biasing element (22), and wherein the biasing element is configured to provide a retention or squeezing force against the object received by the flexible collar.
Regarding Claim 12
Bieck teaches the flexible collar includes a plurality of ribs (20) spaced therearound and a plurality of recesses (18) positioned between the plurality of ribs.
Regarding Claim 13
Bieck teaches the flexible collar includes one or more braces (14) positioned along the underside of one or more of the plurality of recesses.
Regarding Claim 15
Bieck teaches lower ends of the plurality of recesses (18)extend lower than lower ends of the plurality of ribs (20), as can be seen in the figures above.
Regarding Claim 16
Bieck teaches a holding system (10) comprising: a flexible collar (18/20) including a plurality of ribs (20) spaced therearound and a plurality of recesses (18) positioned between the plurality of ribs, the plurality of ribs and the plurality of recesses extending inward and downward, the flexible collar defining an opening configured to receive an object; and a biasing element (22) extending around the flexible collar (Col. 2, Ln. 9-58).
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) 7 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bieck as applied to claims 6 and 16 above.
Regarding Claims 7 and 17
Bieck teaches all the limitations of claims 6 and 16 above. While Bieck does teach the biasing element is a spring, Bieck does not specifically teach a garter spring.
At the time of filing, it would have been an obvious matter of design choice to a person of ordinary skill in the art to have the spring be a garter spring. Applicant has not disclosed that a garter spring provides an advantage, is used for a particular purpose or solves a stated problem. As such, the claim of a garter spring does not provide patentable distinction over the prior art of record.
Allowable Subject Matter
Claims 9-11 and 14 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.
Claim 18 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claims 19 and 20 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding Claim 9: Closest prior art (Krueger, cited above) – teaches a majority of the Applicant’s claimed invention. Kreuger further teaches each of the plurality of slide pads includes: a body positioned along the underside of the flexible collar; and a flap positioned along an upper side of the flexible collar. However, the closest prior art does not teach the flap including a retainer extending therefrom that extends through the flexible collar and into the body; and a flexible edge connecting the flap to the body.
Regarding Claim 10: Closest prior art (Krueger, cited above) – teaches a majority of the Applicant’s claimed invention. However, the closest prior art does not teach the holding system includes the plurality of slide pads and the biasing element.
Regarding Claim 14: Closest prior art (Krueger, cited above) – teaches a majority of the Applicant’s claimed invention. However, the closest prior art does not teach an upper end of each of the plurality of recesses is wider than a lower end of each of the plurality of recesses such that each of the plurality of recesses has a tapered profile.
Regarding Claim 18: Closest prior art (Krueger, cited above) – teaches a majority of the Applicant’s claimed invention. However, the closest prior art does not teach the holding system includes the plurality of slide pads and the biasing element, wherein the second portion of two or more of the plurality of slide pads includes a retainer, and wherein the biasing element is in engagement with the retainer of the two or more of the plurality of slide pads.
The following is an examiner’s statement of reasons for allowance:
Regarding Claim 19: Closest prior art (Krueger, cited above) teaches: a holding system comprising: a holder including: a peripheral lip; and a flexible collar including a plurality of ribs spaced therearound and a plurality of recesses positioned between the plurality of ribs, the plurality of ribs and the plurality of recesses extending inward and downward from the peripheral lip, the flexible collar defining an opening configured to receive an object; and a plurality of slide pads having a first portion positioned above an upper side of the plurality of ribs and a second portion positioned below an underside of the plurality of ribs.
However, the closest prior art does not teach: the second portion of two or more of the plurality of slide pads including a retainer; and a garter spring extending around a periphery of the flexible collar and in engagement with the retainer of the two or more of the plurality of slide pads
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. Further pertinent prior art includes but is not limited to that which is listed in the attached Notice of References Cited.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER CASTRIOTTA whose telephone number is (571)270-5279. The examiner can normally be reached Monday - Friday 9am-5pm.
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, Nathan Jenness can be reached at (571) 270-5055. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JENNIFER CASTRIOTTA/Examiner, Art Unit 3733
/DON M ANDERSON/Primary Examiner, Art Unit 3733