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 .
Election/Restrictions
Claims 13-19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 8/17/2026.
The examiner inadvertently failed to include claim 20 in the Requirement for Restriction on 4/15/2026. As discussed in the Applicant’s Remarks, claim 20 being directed to a method comprising “obtaining a vine removal tool”, was intended to be included in the grouping of Invention II. Thus, claims 1-20 are pending, claims 13-20 are withdrawn, and claims 1-12 are examined below as being directed to elected Invention I.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 8/17/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
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.
Claims 1, 3 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Im et al. (KR 102424888 B1).
For claim 1, Im et al. discloses a vine growth prevention device comprising: a panel (Figs. 4, 5 and 7: 110, 120, 130) defining a width in a transverse direction (Fig. 5: A), a length in a longitudinal direction (Figs. 4, 5 and 7 and discussed in the translated description: “The branch wire installation unit 110 is a member installed on the outer circumferential surface of the branch wire, and is manufactured as a cylindrical or circular hollow tube having a predetermined length”), and one or more openings (Fig. 5: at 112 defining insertion part forming a gap for placement of a wire into 111), the panel being planar in an installed and unstressed condition (as shown in Figs. 4, 5 and 7) and formed from a material (as discussed in the translated description: “The branch wire installation part 110 , the first wing part 120 , and the second wing part 130 are made of a synthetic resin material such as PE (Polyethylene) and PP (Polypropylene)”), the one or more openings (Fig. 5: gap at 112) defined in the panel between a first side end (Fig. 5: at end of panel end 120) and a second side end (Fig. 5: at end of panel end 130) of the panel, the one or more openings (Fig. 5: gap at 112) being nearer to the first side end (Fig. 5: at end of panel end 120) than the second side end; and a fastener (Fig. 5: 140) configured to secure the panel to a guy wire at and through each of the one or more openings and at a position between the first side end and the second side end but nearer to the first side end than the second side end (as discussed in the translated description: “The upper fixing part 140 is a member inserted into and coupled to the upper opening of the branch wire installation part 110” and “Since the branch wire insertion part 112 is a flexible synthetic resin material, it is lifted by human force and inserted the branch wire 20 into the gap between the wing part and the branch wire insertion part 112 to insert the branch wire 20 into the hollow part of the branch wire installation part 110 ( 111) to mount the branch wire 20.”).
Im et al. discloses the material of the panel having a thickness and hardness (as discussed in the translated description: “The first wing part 120 and the second wing part 130 are formed to have a thickness of 0.5mm to 5mm to secure the flexibility and the hardness that is not easily broken of the wing part,”), but fails to show the material of the panel defines a flexural strength of 5 to 50 ksi, inclusive. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the vine growth prevention device of Im to include a panel with flexure strength of 5 to 50 ksi, inclusive for the advantage of resisting bending with the force of the wind, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious choice. In re Leshin, 125 USPQ 416.
For claim 3, Im et al. discloses the vine growth prevention device of claim 1, wherein the panel (Figs. 4, 5 and 7: 110, 120, 130) is formed monolithically (as shown in Figs. 4 and 5 and as discussed in the translated description: “The branch wire installation part 110 , the first wing part 120 , and the second wing part 130 are made of a synthetic resin material such as PE (Polyethylene) and PP (Polypropylene)”).
For claim 4, Im et al. discloses the vine growth prevention device of claim 1, wherein the panel (Figs. 4, 5 and 7: 110, 120, 130) is formed from a material that is at least one of polymeric (as shown in Figs. 4 and 5 and as discussed in the translated description: “The branch wire installation part 110 , the first wing part 120 , and the second wing part 130 are made of a synthetic resin material such as PE (Polyethylene) and PP (Polypropylene)”), non-conductive of electricity, and configured to not allow passage of ultraviolet wavelengths.
Claims 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Im et al. (KR 102424888 B1) in view of Callahan (U.S. Patent No. 6,684,578, as cited by Applicant).
For claim 6, Im et al. discloses a length of the panel (as discussed in the translated description: “The length of the part 130 is affected by the winding ability of the vine, climbing on other nearby plants, or the winding width depending on the size of the snake, but is preferably about 0.5 m to 3 m.”), but fails to specifically show wherein a width of the panel measures at least 12 inches and a length of the panel measures at least 2.5 times the width. Callahan teaches a vine growth prevention device comprising: a panel (Fig. 5: 70), wherein a width of the panel measures at least 12 inches (Col. 5, lines 12-13) and a length of the panel measures at least 2.5 times the width (Col. 5, lines 10-12). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the vine growth prevention device of Im to include the width of the panel measures at least 12 inches and a length of the panel measures at least 2.5 times the width as taught by Callahan for the advantage of preventing the vine from extending past the device.
For claim 7, Im et al. discloses a length of the panel (as discussed in the translated description: “The length of the part 130 is affected by the winding ability of the vine, climbing on other nearby plants, or the winding width depending on the size of the snake, but is preferably about 0.5 m to 3 m.”), but fails to specifically show wherein a width of the panel measures at least 23.75 inches and a length of the panel measures at least as long as the width. Callahan teaches a vine growth prevention device comprising: a panel (Fig. 5: 70), a length of the panel measures at least as long as the width (Col. 5, lines 10-13). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the vine growth prevention device of Im to include a length of the panel measures at least as long as the width as taught by Callahan for the advantage of preventing the vine from extending past the device. Although Im as modified fails to show wherein a width of the panel measures at least 23.75 inches, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to construct the panel having this width for the advantage of preventing the vine from reaching above the panel, Fig. 4 of Im shows a substantially square shaped panel, and further since it has been held that where routine testing and general experimental conditions are present, discovering the optimum or workable ranges until the desired effect is achieved involves only routine skill in the art. In re Aller, 105 USPQ 233.
Claims 1, 2, 10 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over JP 3123795 U.
For claim 1, JP 3123795 U discloses a vine growth prevention device comprising: a panel (Fig. 4: 40) defining a width in a transverse direction, a length in a longitudinal direction, and one or more openings (Fig. 4: at wires 45 to suspend portion 43), the panel being planar in an installed and unstressed condition (as shown in Fig. 4) and the one or more openings defined in the panel between a first side end (Fig. 4: near inclined end 41) and a second side end (Fig. 4: near end opposing end 41) of the panel, the one or more openings being nearer to the first side end than the second side end (as shown in Fig. 4); and a fastener (Fig. 4: attachment wire 45) configured to secure the panel to a guy wire at and through each of the one or more openings and at a position between the first side end and the second side end but nearer to the first side end than the second side end (as shown in Fig. 4 and discussed in the translated description: “A shift-up preventing plate 40 is disclosed in which a plate 43 fixed to a utility pole branch line 6 is suspended from a pipe 44 by a wire 45 or the like.”).
JP 3123795 U discloses the panel is constructed to withstand shaking from strong winds (as discussed in the translated description: “a plurality of air holes 42 are formed in the surface to prevent shaking due to strong wind.”), but fails to show the material of the panel defines a flexural strength of 5 to 50 ksi, inclusive. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the vine growth prevention device of JP 3123795 U to include a panel with flexure strength of 5 to 50 ksi, inclusive for the advantage of resisting bending with the force of the wind, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious choice. In re Leshin, 125 USPQ 416.
For claim 2, JP 3123795 U discloses the vine growth prevention device of claim 1, wherein: the one or more openings (Fig. 4: at wires 45 to suspend portion 43) comprise at least two pairs of openings (Fig. 4: a highest pair of openings at wires 45, and a lowest pair of openings at wires 45), a first pair of the at least two pairs of openings spaced apart from a second pair of the at least two pairs of openings in a longitudinal direction of the panel (as shown in Fig. 4: at an incline with the inclined first side end 41); the first pair of the at least two pairs of openings and the second pair of the at least two pairs of openings offset from the first side end of the panel in a transverse direction by an edge offset distance (Fig. 4 shows openings inset the first side end edge at 41); and the first pair of the at least two pairs of openings spaced apart in a transverse direction of the panel and the second pair of the at least two pairs of openings spaced apart in the transverse direction of the panel (as shown in Fig. 4: first pair above the second pair).
For claim 10, JP 3123795 U discloses a method of assembling the vine growth prevention device (Fig. 4: 40) of claim 1 (as rejected above) comprising: placing a first side end (Fig. 4: near inclined end 41) of the panel (43) in contact with a guy wire (6) extending from the ground to an upright structure (as shown in Fig. 4 and as discussed in the translated description: “the utility pole branch line 6”); and securing the panel to the guy wire with a fastener (45), the fastener extending through at least an opening of the one or more openings (as discussed in the translated description: “A shift-up preventing plate 40 is disclosed in which a plate 43 fixed to a utility pole branch line 6 is suspended from a pipe 44 by a wire 45 or the like.”).
For claim 12, JP 3123795 U discloses the method substantially as claimed, but fails to specifically show comprising stacking multiple panels in at least one of a longitudinal direction and a transverse direction to simulate the presence of a larger single panel. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of JP 3123795 U to include stacking multiple panels in at least one of a longitudinal direction and a transverse direction for the advantage of creating a larger vine blocking surface area, since it is has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Allowable Subject Matter
Claims 5, 8, 9 and 11 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. KR 102027854 B1, JP 4086881 B1, and JP H0682320 U shows a panel that can prevent the vine from climbing on a branch.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIELLE A CLERKLEY whose telephone number is (571)270-7611. The examiner can normally be reached 8:30AM-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, Peter Poon can be reached at 571-272-6891. 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.
/DANIELLE A CLERKLEY/Examiner, Art Unit 3643
/PETER M POON/Supervisory Patent Examiner, Art Unit 3643
Prosecution Insights