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
Claim Objections
Claim 85 recites “the apparatus of claim 1, further in including” which should be - the apparatus of claim 1, further including-. Appropriate correction is required.
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, 5, and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Eugen (AT 17749 U1), hereinafter Eugen.
Regarding claim 1, Eugen discloses a hand-held apparatus for generating a stream of smoke, comprising:
a hand grip including an activation switch (“a pulse button (5) attached to the handle (4)” all citations from the machine translation appended to the foreign reference), the activation switch to initiate production of smoke (“The invention relates to electronic tobacco smoke hand-held device, in particular for smoke generation for use in bee colonies”);
a nozzle (“smoke pipe (11) blows out the smoke”);
a removable portion including a housing defining a vessel, the vessel to contain smoke generating materials (“a vertically arranged guide tube (7) receives a smoking material (6)”);
a heating element to receive the smoke generating materials from the vessel (“a smoking material (6), which touches a heating coil (3) with its lower end”);
a fan to move air past the heating element (“a fan (2)”), the air to move in a direction away from the hand grip to exit the nozzle (See figure); and
a battery to provide power to the fan and the heating element (“a battery (1) located on the bottom of the device”).
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Regarding claim 5, Eugen discloses the apparatus of claim 1, wherein the activation switch is positioned to be finger operated while the apparatus is held by the hand grip and the activation switch is a momentary switch (“pulse button (5)” is positioned to be operated by a thumb).
Regarding claim 7, Eugen discloses the apparatus of claim 1, wherein the smoke generating materials are at least one of a liquid, a wax, or an organic material (Tobacco is an organic material).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 5, 7, 8, 10, 86, 88, 91, 94, and 102 are rejected under 35 U.S.C. 103 as being unpatentable over Yang (CN 207653309 U), hereinafter Yang, in view of Stearns (US 20110078944 A1), hereinafter Stearns.
Regarding claims 1, 8, and 86, Yang discloses a hand-held apparatus for generating a stream of smoke, comprising:
a hand grip including an activation switch (“the tailstock (11) handle is provided with a switch (5)” all citations from the machine translation appended to the foreign reference);
a nozzle (203 and/or 2021);
a removable portion including a housing defining a vessel, the vessel to contain smoke generating materials (“specifically when using it, open the combustion sleeve 2, the strip-shaped burning material 3 inserted into the discharging hole 201, igniting the combustible material 3, the combustion sleeve 2 is screwed”);
a fan to move air, the air to move in a direction away from the hand grip to exit the nozzle (“The pressing switch needs to select proper gear, a power supply 9 connected to the motor 6 to drive the fan 7 to rotate”); and
a source to provide power to the fan (“a power supply 9 connected to the motor 6 to drive the fan 7 to rotate”);
wherein the vessel includes an opening to accept air from the fan (The rear opening of the vessel);
a battery to provide power to the fan (“the power supply of the smoke spraying device 9 uses the mobile power supply, connected with the power supply by the charging device of the handle end 10 can be to charge it”).
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Yang does not disclose:
the activation switch to initiate production of smoke;
a heating element to receive the smoke generating materials from the vessel;
the fan to move air past the heating element;
a battery to provide power to the heating element;
wherein the heating element is disposed in the vessel;
wherein the vessel includes an opening to accept air from the fan and direct it towards the heating element.
However, Stearns teaches:
the activation switch to initiate production of smoke (“Smoke switch 13 has ON and OFF positions. With smoke switch 13 in the ON position, smoke is generated in the bee smoker in a manner described below. In this way, a bee keeper can use bee smoker 10 to produce smoke when and as needed. When smoke switch 13 returns to the OFF position, smoke will no longer be generated in bee smoker 10 after a short interval. In a preferred embodiment, the default position of smoke switch 13 is the OFF position, where it remains unless it is actively held in the ON position by the user. This can be accomplished through the use of any suitable mechanism, such as a momentary control switch” paragraph [0018]);
a heating element to receive the smoke generating materials from the vessel (“Heating element 16 includes a resistive heat element 25 that can be any suitable material that can be heated to an adequate temperature range, such as about 500-1200 degrees Fahrenheit and preferably about 800-1000 degrees Fahrenheit, to cause a fuel to smolder but not immediately burst into flame. Suitable materials for resistive heat elements are well known in the art and include, for example, carbon, ceramic, nickel-chromium, and tungsten wires. Resistive heat element 25 is arranged in a manner to receive and be in contact with fuel”);
the fan to move air past the heating element (“By switching fan switch 14 to the ON position, air flow mechanism 21 will force smoke out the spout 19 of the bee smoker 10. The air flow mechanism can be any device of appropriate size and capacity, such as, for example, a 24 volt DC Brushless Blower Fan Model DB5015V24HBL available from Sofasco. The use of bellows or air flow mechanism 21 also aids in bringing air into the bee smoker 10 through vent 27, which can facilitate smoldering” paragraph [0025]);
a battery to provide power to the heating element (“The mechanism for producing smoke includes heating element 16 and power source 17” paragraph [0019] and “an electrical air flow mechanism 21, which can be connected to power source 17” paragraph [0025] and “the power source is a battery” claim 10);
wherein the heating element (25) is disposed in the vessel (11);
wherein the vessel includes an opening (27) to accept air from the fan and direct it towards the heating element (25).
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In view of the teachings of Stearns, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the elements as is taught in Stearns, in the apparatus disclosed by Yang because Stearns states “Another object of the invention is to provide a hand-held bee smoker that produces smoke on demand without requiring the continual burning of a fire. Another object of the invention is to provide a bee smoker in which heat and smoke are not generated when not needed. Another object of the present invention is to provide a bee smoker which is reliable, safe, and easy to use” (paragraphs [0008]-[0010]). Therefore, including the features of Stearns will obviate the need to continually burn fuel and simplify use in Yang.
Regarding claim 5, Yang, as modified by Stearns, discloses the discloses the apparatus of claim 1, wherein the activation switch is positioned to be finger operated while the apparatus is held by the hand grip (5 of Yang and 13 of Stearns are both located to be operated by a finger) and the activation switch is a momentary switch (“any suitable mechanism, such as a momentary control switch” paragraph [0018] of Stearns).
Regarding claim 7, Yang, as modified by Stearns, discloses the apparatus of claim 1, wherein the smoke generating materials are at least one of a liquid, a wax, or an organic material (Yang states “tobacco smoke” while Stearns teaches “Suitable fuels include any material capable of smoldering. In a preferred embodiment, wood chips or wood shavings, such as the variety available at pet stores for small animal bedding, preferably dry, are used” paragraph [0021]).
Regarding claim 10, Yang, as modified by Stearns, discloses the apparatus of claim 1, further including a body, the body having a first end and a second end opposite the first end, the body to house the fan and the heating element, the first end and the second end configured to allow air to enter the first end and exit the second end and the hand grip coupled to the first end of the body (Figure 1 of Yang as modified), the removable portion removably coupled to an exterior surface of the body (“external thread 1102”).
Regarding claim 88, Yang, as modified by Stearns, discloses the apparatus of claim 10, wherein the removable portion is removably coupled to the second end of the body (“external thread 1102”).
Regarding claims 91 and 94, Yang discloses an apparatus comprising:
a body including a first end, a second end (Figure 1), and a fan, the second end opposite the first end, and the fan to move air from the first end towards the second end (“The pressing switch needs to select proper gear, a power supply 9 connected to the motor 6 to drive the fan 7 to rotate”);
a handle including an activation switch, the handle coupled to the first end (“the tailstock (11) handle is provided with a switch (5)”);
a vessel including smoke generating materials, the vessel removably coupled to the second end (“specifically when using it, open the combustion sleeve 2, the strip-shaped burning material 3 inserted into the discharging hole 201, igniting the combustible material 3, the combustion sleeve 2 is screwed”); and
a battery to provide power to the fan (“the power supply of the smoke spraying device 9 uses the mobile power supply, connected with the power supply by the charging device of the handle end 10 can be to charge it”);
wherein the vessel includes an opening to accept air from the fan (The rear opening of the vessel).
Yang does not disclose:
the vessel including a heating element;
a battery to provide power to the heating element.
wherein the vessel includes an opening to accept air from the fan and direct it towards the heating element.
However, Stearns teaches:
the vessel including a heating element (“Heating element 16 includes a resistive heat element 25 that can be any suitable material that can be heated to an adequate temperature range, such as about 500-1200 degrees Fahrenheit and preferably about 800-1000 degrees Fahrenheit, to cause a fuel to smolder but not immediately burst into flame. Suitable materials for resistive heat elements are well known in the art and include, for example, carbon, ceramic, nickel-chromium, and tungsten wires. Resistive heat element 25 is arranged in a manner to receive and be in contact with fuel”);
a battery to provide power to the heating element (“The mechanism for producing smoke includes heating element 16 and power source 17” paragraph [0019] and “an electrical air flow mechanism 21, which can be connected to power source 17” paragraph [0025] and “the power source is a battery” claim 10);
wherein the vessel includes an opening (27) to accept air from the fan and direct it towards the heating element (25).
In view of the teachings of Stearns, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the elements as is taught in Stearns, in the apparatus disclosed by Yang because Stearns states “Another object of the invention is to provide a hand-held bee smoker that produces smoke on demand without requiring the continual burning of a fire. Another object of the invention is to provide a bee smoker in which heat and smoke are not generated when not needed. Another object of the present invention is to provide a bee smoker which is reliable, safe, and easy to use” (paragraphs [0008]-[0010]). Therefore, including the features of Stearns will obviate the need to continually burn fuel and simplify use in Yang.
Regarding claim 102, Yang, as modified by Stearns, discloses the apparatus of claim 91, wherein the smoke generating materials are at least one of a liquid, a wax, or an organic material (Yang states “tobacco smoke” while Stearns teaches “Suitable fuels include any material capable of smoldering. In a preferred embodiment, wood chips or wood shavings, such as the variety available at pet stores for small animal bedding, preferably dry, are used” paragraph [0021]).
Claim 85 is rejected under 35 U.S.C. 103 as being unpatentable over Eugen, in view of Garon (US 20130049236 A1), hereinafter Garon.
Regarding claim 85, Eugen discloses the apparatus of claim 1.
Eugen does not disclose a potentiometer to vary a rotational speed of the fan based on a user input.
However, Garon teaches a potentiometer to vary a rotational speed of the fan based on a user input (“The actuator(s) 230 typically comprise a first actuator 231 typically embodied as a push button or a switch for selectively turning on and off the device 10, and a second actuator 232 typically embodied as a potentiometer for selectively adjusting the speed of the fan unit 220” paragraph [0043]).
In view of Garon’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include a rotational speed of the fan based on a user input as is taught in Garon, in the apparatus disclosed by Eugen because the court held that adjustability, where needed, is not a patentable advance In re Stevens, 212 F.2d 197, 101 USPQ 284 (CCPA 1954). In this case Garon teaches that it is desirable to adjust fan speed. Including a potentiometer to adjust fan speed is therefore not a patentable advance.
Claims 85 and 101 are rejected under 35 U.S.C. 103 as being unpatentable over Yang, in view of Stearns, and further in view of Garon.
Regarding claim 85, Yang, as modified by Stearns, discloses the apparatus of claim 1.
Yang, as modified by Stearns, does not disclose a potentiometer to vary a rotational speed of the fan based on a user input.
However, Garon teaches a potentiometer to vary a rotational speed of the fan based on a user input (“The actuator(s) 230 typically comprise a first actuator 231 typically embodied as a push button or a switch for selectively turning on and off the device 10, and a second actuator 232 typically embodied as a potentiometer for selectively adjusting the speed of the fan unit 220” paragraph [0043]).
Yang does not disclose the claimed fan speed adjustment structure. Garon teaches the claimed fan speed adjustment structure. The substitution of one known element (“the switch 5 is set to a plurality of gears so that the fan 7 speed is adjustable” of Yang) for another (the potentiometer of Garon) would have been obvious to one having ordinary skill in the art at the time of the invention, since the substitution of the potentiometer taught in Garon would have yielded predictable results, namely, adjustment of the fan speed Agrizap, Inc. v. Woodstream Corp., 520 F.3d 1337, 86 USPQ2d 1110 (Fed. Cir. 2008).
Regarding claim 101, Yang, as modified by Stearns, discloses the apparatus of claim 91.
Yang, as modified by Stearns, does not disclose a potentiometer to vary a rotational speed of the fan based on a user input.
However, Garon teaches a potentiometer to vary a rotational speed of the fan based on a user input (“The actuator(s) 230 typically comprise a first actuator 231 typically embodied as a push button or a switch for selectively turning on and off the device 10, and a second actuator 232 typically embodied as a potentiometer for selectively adjusting the speed of the fan unit 220” paragraph [0043]).
Yang does not disclose the claimed fan speed adjustment structure. Garon teaches the claimed fan speed adjustment structure. The substitution of one known element (“the switch 5 is set to a plurality of gears so that the fan 7 speed is adjustable” of Yang) for another (the potentiometer of Garon) would have been obvious to one having ordinary skill in the art at the time of the invention, since the substitution of the potentiometer taught in Garon would have yielded predictable results, namely, adjustment of the fan speed Agrizap, Inc. v. Woodstream Corp., 520 F.3d 1337, 86 USPQ2d 1110 (Fed. Cir. 2008).
Claims 87 and 100 are rejected under 35 U.S.C. 103 as being unpatentable over Yang, in view of Stearns, and further in view of Tam (US 20050175331 A1), hereinafter Tam.
Regarding claim 87, Yang, as modified by Stearns, discloses the apparatus of claim 10.
Yang, as modified by Stearns, does not disclose wherein the body includes a battery compartment including a removable portion.
However, Tam teaches wherein the body includes a battery compartment including a removable portion (“Rear cover (24) also includes a removable lid (46) which allows access to replaceable batteries (47) contained within the portable apparatus (20)” paragraph [0040]).
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In view of Tam’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include wherein the body includes a battery compartment including a removable portion as is taught in Tam, in the apparatus disclosed by Yang because Tam states that the removable lid allows access to the replaceable batteries. Therefore, including the structure of Tam will permit replacement of the power source of the apparatus.
Regarding claim 100, Yang, as modified by Stearns, discloses the apparatus of claim 91.
Yang, as modified by Stearns, does not disclose wherein the body includes a battery compartment including a removable portion.
However, Tam teaches wherein the body includes a battery compartment including a removable portion (“Rear cover (24) also includes a removable lid (46) which allows access to replaceable batteries (47) contained within the portable apparatus (20)” paragraph [0040]).
In view of Tam’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include wherein the body includes a battery compartment including a removable portion as is taught in Tam, in the apparatus disclosed by Yang because Tam states that the removable lid allows access to the replaceable batteries. Therefore, including the structure of Tam will permit replacement of the power source of the apparatus.
Claims 89 and 92 are rejected under 35 U.S.C. 103 as being unpatentable over Yang, in view of Stearns, and further in view of Gouedy (US 20200093102 A1), hereinafter Gouedy.
Regarding claim 89, Yang, as modified by Stearns, discloses the apparatus of claim 10, wherein the removable portion is removably coupled to the exterior surface of the body (“external thread 1102”).
Yang, as modified by Stearns, does not disclose using a permanent magnet.
However, Gouedy teaches using a permanent magnet (“In other embodiments, one or more of the elements that comprise the tool 100 may be coupled or removably connected by being press fit or snap fit together, by one or more fasteners such as hook and loop type or Velcro® fasteners, magnetic type fasteners, threaded type fasteners, sealable tongue and groove fasteners, snap fasteners, clip type fasteners, clasp type fasteners, ratchet type fasteners, a push-to-lock type connection method, a turn-to-lock type connection method, a slide-to-lock type connection method or any other suitable temporary connection method as one reasonably skilled in the art could envision to serve the same function” paragraph [0062]).
Yang does not disclose the claimed fastener. Gouedy teaches the claimed fastener. The substitution of one known element (threaded type fastener of Yang) for another (magnetic type fastener of Gouedy) would have been obvious to one having ordinary skill in the art at the time of the invention, since the substitution of the magnetic type fastener taught in Gouedy would have yielded predictable results, namely, means for fastening components together Agrizap, Inc. v. Woodstream Corp., 520 F.3d 1337, 86 USPQ2d 1110 (Fed. Cir. 2008).
Regarding claim 92, Yang, as modified by Stearns, discloses the apparatus of claim 91, wherein the vessel is coupled to the body (“external thread 1102”).
Yang, as modified by Stearns, does not disclose using a permanent magnet.
However, Gouedy teaches using a permanent magnet (“In other embodiments, one or more of the elements that comprise the tool 100 may be coupled or removably connected by being press fit or snap fit together, by one or more fasteners such as hook and loop type or Velcro® fasteners, magnetic type fasteners, threaded type fasteners, sealable tongue and groove fasteners, snap fasteners, clip type fasteners, clasp type fasteners, ratchet type fasteners, a push-to-lock type connection method, a turn-to-lock type connection method, a slide-to-lock type connection method or any other suitable temporary connection method as one reasonably skilled in the art could envision to serve the same function” paragraph [0062]).
Yang does not disclose the claimed fastener. Gouedy teaches the claimed fastener. The substitution of one known element (threaded type fastener of Yang) for another (magnetic type fastener of Gouedy) would have been obvious to one having ordinary skill in the art at the time of the invention, since the substitution of the magnetic type fastener taught in Gouedy would have yielded predictable results, namely, means for fastening components together Agrizap, Inc. v. Woodstream Corp., 520 F.3d 1337, 86 USPQ2d 1110 (Fed. Cir. 2008).
Claim 90 is rejected under 35 U.S.C. 103 as being unpatentable over Yang, in view of Stearns, and further in view of Little (NPL, “Reactions of the Honey Bee, Apis mellifera L., to Artificial Sounds and Vibrations of Known Frequencies”), hereinafter Little.
Regarding claim 90, Yang, as modified by Stearns, discloses the apparatus of claim 1.
Yang, as modified by Stearns, does not disclose a vibration generating device and a switch, the switch to activate the vibration generating device.
However, Little teaches a vibration generating device and a switch, the switch to activate the vibration generating device (“an audio oscillator and loudspeaker were used to produce the sound of about 110 to 120 decibels at 1 meter from the hive. In a search for less expensive equipment for use in producing loud sound or vibration it was found that automobile horns functioned fairly well. Two horns one screwed to the body of the hive and one to the super, were used successfully after being stuffed with cloth to reduce sound to about 90 decibels at a meter from the hive. Any mechanism capable of producing sufficient vibration of the hive parts in the frequency range should be effective for use on hives” page 89).
In view of Little’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include vibration generating device as is taught in Little, in the apparatus disclosed by Yang because Little states “The stopping-reaction elicited by sounds suggested the practicality of examining hives while the reaction was occurring. Hives were opened and combs removed for normal inspection by this procedure. No stings were received by the investigator, fewer bees left the comb than when smoke was used to calm the bees” (page 89). Therefore, including a vibration generating device as taught by Little will further pacify or immobilize bees.
Claim 93 is rejected under 35 U.S.C. 103 as being unpatentable over Yang, in view of Stearns, and further in view of Neuman (US 20220046936 A1), hereinafter Neuman.
Regarding claim 93, Yang, as modified by Stearns, discloses the apparatus of claim 91.
Yang, as modified by Stearns, does not disclose a power conditioner to change an amount of power provided to the heating element.
However, Neuman teaches a power conditioner to change an amount of power provided to the heating element (“A temperature controller 718 (e.g., a printed circuit board) is provided for translating temperature inputs from smoker controls 102 to ignition plate 110 and fan 720. The type of temperature controller 718 used to heat the ignition plate 110 preferably uses fuzzy logic PID (proportional-integral-derivative) technology that allows the ignition plate 110 to auto tune heating and cooling functions. For example, if the desired temperature is 500° F., the user will increase the temperature using temperature controls 202 until it is shown on primary display 206. The temperature controller 718 will heat ignition plate to exactly this temperature and will display the ignition plate's temperature on secondary display 208. This capability also allows for preset, programmed temperatures or selections to be entered. The temperature controller 718 will automatically heat ignition plate 110 to the corresponding temperature. Each material 112 or combination of materials has an optimal heat point, which varies from material to material” paragraph [0037]).
In view of Neuman’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include a power conditioner to change an amount of power provided to the heating element as is taught in Neuman, in the apparatus as presently modified because the court held that adjustability, where needed, is not a patentable advance In re Stevens, 212 F.2d 197, 101 USPQ 284 (CCPA 1954). In this case Neuman teaches that it is desirable to adjust a heater temperature. Including a power conditioner to adjust heater temperature is therefore not a patentable advance.
Claims 95, 96, 98, and 99 are rejected under 35 U.S.C. 103 as being unpatentable over Yang, in view of Stearns, and further in view of Dietz (US 5213240 A), hereinafter Dietz.
Regarding claims 95, 96, 98, and 99, Yang, as modified by Stearns, discloses the apparatus of claim 91.
Yang, as modified by Stearns, does not disclose:
a mounting system disposed on the body, the mounting system removably coupled to the body, the mounting system to couple to a beekeeper to hold the apparatus when not in use;
wherein the mounting system includes a receiving portion that includes at least one of a permanent magnet or a ferromagnetic material and a fixing portion that includes at least one of a permanent magnet or a ferromagnetic material, the fixing portion permanently coupled to the body;
wherein the mounting system is configured to orient the apparatus relative to the beekeeper when the body is coupled to the mounting system and the mounting system is coupled to the beekeeper;
wherein the mounting system includes a clip, the clip to couple to an article of clothing on the beekeeper.
However, Dietz teaches:
a mounting system disposed on the body, the mounting system removably coupled to the body, the mounting system to couple to a user to hold the apparatus when not in use (“the tool holder 10 which is adapted to receive thereon a tape measure 12 in a receptacle 14 on the holder 10. Located in receptacle 14 is an annular magnet 16 for securely engaging the keeper plate 18 which is mounted on tape 12” column 2, line 61 and “the basic body 20 of the tool holder 10 can be used to accommodate a variety of tools having different weights and sizes” column 5, line 3);
wherein the mounting system includes a receiving portion that includes at least one of a permanent magnet or a ferromagnetic material (“Located in receptacle 14 is an annular magnet 16 for securely engaging the keeper plate 18 which is mounted on tape 12” column 2, line 63) and a fixing portion that includes at least one of a permanent magnet or a ferromagnetic material (“keeper 18 can be any ferromagnetic material means” column 4, line 27), the fixing portion permanently coupled to the body (“The keeper 18 is mounted on the tape measure 12 by cement or other means” column 4, line 8);
wherein the mounting system is configured to orient the apparatus relative to the user when the body is coupled to the mounting system and the mounting system is coupled to the user (“It is another object of the present invention to provide a magnetic tool holder for a tape measure that securely and accurately positions the tool in a centrally aligned orientation so that the desired magnetic holding power can be fully developed to hold the tool securely in place” column 1, line 60);
wherein the mounting system includes a clip, the clip to couple to an article of clothing on the user (“The body 20 of the tool holder 10 is of a generally rectangular configuration and carries on one side thereof a spring clip 22 adapted to engage over a belt or pocket of a user to hold the tool holder 10 in position” column 2, line 66).
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In view of the teachings of Dietz, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the mounting system as is taught in Dietz, in the apparatus disclosed by Yang because Dietz states “Various devices have been used over the years to secure the tape measure when not in use to the clothing of the user” (column 1, line 17) and “It is a further object of the present invention to provide a magnetic tool holder for a tape measure that positively and securely holds the tape measure in place on the holder body mounted on a user's belt, but which also permits easy removal for use” (column 1, line 66). Therefore, including the mounting system taught by Dietz will store the apparatus when not in use while permitting easy removal for use when desired.
Claim 97 is rejected under 35 U.S.C. 103 as being unpatentable over Yang, in view of Stearns, in view of Dietz, and further in view of Zeiler (US 20060104735 A1), hereinafter Zeiler.
Regarding claim 97, Yang, as modified by Stearns and Dietz, discloses the apparatus of claim 96, wherein the fixing portion is a first fixing portion (Element 18 taught by Dietz).
Yang, as modified by Stearns and Dietz, does not disclose wherein the body includes a second fixing portion, the second fixing portion positioned separate from the first fixing portion, the receiving portion to be selectively coupled to the first fixing portion or the second fixing portion.
However, Zeiler teaches wherein the body includes a second fixing portion, the second fixing portion positioned separate from the first fixing portion, the receiving portion to be selectively coupled to the first fixing portion or the second fixing portion (“The power tool 14 having the receptacle 22 on both sides could accommodate both a right-handed and a left-handed operator” paragraph [0129]).
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In view of the teachings of Zeiler, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include a second fixing portion as is taught in Zeiler, in the apparatus disclosed by Yang because Zeiler states that doing so will accommodate both right and left handed users. Therefore, including the second fixing portion will expand usability of the apparatus as modified.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Sternin (US 4934272 A) “In use, housing 28 and air regulator 47 are removed, exposing the interior of housing 14. A fresh cartridge 17 is installed in ring 23” teaches a smoking apparatus with a separable fuel holder
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Potter (US 5025966 A) “A magnetic tool holder for a tape measure or similar tool is provided with a belt loop for mounting on a user's belt. The holder has a receptacle portion in which is mounted an annular flat magnet. A flat keeper member of magnetic material is mounted on the tape measure” teaches a magnetic tool holder similar to Dietz relied upon above
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Die Erfindernennung liegt noch nicht vor (EP 2072143 A1) discloses an apparatus with hand grip, activation switch, nozzle, vessel (H), heating element (Delta), fan (Theta), and battery
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Danet (FR 3031652 A1) discloses a hand grip, activation switch, nozzle, removable vessel, heating element, fan, and battery
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Upston (US 20190230946 A1) discloses a hand grip, activation switch, nozzle, removable vessel, fan, and battery
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to LOGAN P JONES whose telephone number is (303)297-4309. The examiner can normally be reached Mon-Fri 8:30-5:00 EST.
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/LOGAN P JONES/Examiner, Art Unit 3762
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