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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 05-21-2026 has been considered by the examiner.
Two citations of the IDS filed 05-21-2026 are redundant with citations of the IDS filed 08-08-2024 and thus have a line drawn therethrough.
Claim Objections
Claim 10 is objected to because of the following informalities:
Claim 10, line 2, after first recitation of “board” insert --is--.
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 1-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schaeffer (US#4144620).
Regarding claim 1, Schaeffer discloses a tension board 14 (“line tensioning apparatus”, title), said tension board having a substantially L-shaped configuration via legs 16 and 18 as shown in Fig. 1, and a plurality of “engaging members” 20,22,24,26,28,30,32,34,36,38,40,42,44 (col. 4, lines 1-11, “Each of the legs supports a plurality of engaging members in the form of spaced protrusions. Thus, leg 16 has upper engaging members 20, 22, 24, and 26 as well as lower engaging members 28, 30, and 32. Each lower engaging member is preferably located as shown intermediate the projections of the adjacent upper engaging members. Similarly, leg 18 has a set of upper engaging members 34, 36, and 38 along with corresponding lower engaging members 40, 42, and 44. The size and shape of the engaging member is not particularly critical provided that it can function to engage a section of line and withstand the stresses of the tensioning operation.”). These “engaging members” are being viewed and labeled as “handle operated grippers” as 1) they to function to engage and thus grip the line/wire 52 therebetween, i.e. “grippers” and 2) they are in the form of spaced protrusions, each protrusion capable of being engaged by hand to rotate the collective tension board 14, i.e. “handle operated”.
Regarding claim 1, it is noted a wire mesh fence where the mesh has an apron comprising one or more longitudinal wires running substantially parallel to the fence and substantially in contact with the ground is not being claimed and represents the intended use of the invention. A recitation of the intended use of the claimed invention 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. If the prior art structure is capable of performing the intended use, then it meets the claim. The tension board of Schaeffer is capable of cooperating in conjunction with a wire mesh fence (cooperates with a “line” as shown in dashed line form in Fig. 1, see col. 5, lines 7-11 and line being “wire”) with apron via its L-shape and spaced protrusion members on legs 16 and 18.
Regarding claim 2, wherein said L-shaped configuration takes the form of a main board 16 “adapted to” (capable of) strain the longitudinal wires located above the ground, and an auxiliary board 18 “adapted to” (capable of) strain the longitudinal wires of said apron.
Regarding claim 3, wherein said auxiliary board 18 is substantially perpendicular to said main board 16 via substantially right angle 12 (see Fig. 1).
Regarding claim 4, wherein said auxiliary board 18 is not substantially perpendicular to said main board 16 via an acute or obtuse angle 12 (col. 4, lines 42-56).
Regarding claim 5, wherein said main board 16 has a first plurality (seven) of handle operated wire grippers 20,22,24,26,28,30,32 extending therefrom, and said auxiliary board 18 has a second plurality (six) of handle operated wire grippers 34,36,38,40,42,44 extending therefrom, the number of said first plurality exceeding the number of said second plurality (Fig. 1).
Regarding claim 6, wherein said auxiliary board 18 is “releasably detachable” (capable of being releasably detached) from said main board 16. It is noted no releasably detachable structure is being claimed.
Regarding claim 7, wherein said main board 16 and said auxiliary board 18 have substantially the same transverse cross-sectional shape (see Fig. 1).
Regarding claims 8 and 9, an adjustable bracing auxiliary board extending between said main board 16 and said auxiliary board 18, namely the portion of tension board 14 at the intersection of leg 16 (main board) and leg 18 (auxiliary board) that is without protrusions and is adjustable via heat bending to define a desired angle 12 (see Fig. 1).
Regarding claim 10, having an auxiliary board 18 located at one end of said main board 16.
Response to Arguments
Regarding claim 1 and Schaeffer (US#4144620), the applicant argues the following:
“The alleged wire grippers of Schaeffer are stationary spaced apart engaging members. As taught in Schaeffer, "[s]uch a line tensioner, of unitary, passive structure, without moving parts, is capable of selectively removing slack of various degrees of slackness..." (Emphasis added) (col. 2, lines 53-56). Moreover, in a similar manner, Schaeffer discloses "the triangular array of engaging members through the use of a passive devices, without moving parts, as illustrated in the embodiment of Fig. 1". (Emphasis added) (col. 6, lines 55-57). The disclosure of Schaeffer makes clear that its engaging members are entirely passive in the manner they operate, which provides a boss about which the wire is bent into a generally U-, L- or S-shaped configuration.
As would be completely clear to one ordinary skill in the art when seeing the apparatus of Schaeffer, which is objectively supported by the specification of Schaeffer, the engaging members (e.g., 20, 22, 24, 26, 28, 30, and 32) do not actively grip the wire as is required for tensioning line wires of a fence.”
The claim language is broader than the above argument. Claim 1 does not recite the grippers “actively” grip the wire. Further, claim 1 does not recite any structural and/or functional details of the “handle operated grippers”. In any event, the engaging members of Shaeffer, while stationary relative to each other, move collectively when the tension board 14 is rotated as shown in sequence in Figs. 2a-2c to actively grip the wire 52.
Regarding claim 1 and Schaeffer (US#4144620), the applicant argues the following:
“In addition, the engaging members of Schaeffer are not hand operated as claimed for gripping a wire of a fence.”
The examiner disagrees as the tension board 14, which includes the engaging members, is hand operated, namely rotated, for gripping a wire 52 of the fence, see sequence of Figs. 2a-2c.
As discussed above, the “engaging members” of Schaeffer are being viewed and labeled as “handle operated grippers” as 1) they to function to engage and thus grip the line/wire 52 therebetween, i.e. “grippers” and 2) they are in the form of spaced protrusions, each protrusion capable of being engaged by hand to rotate the collective tension board 14, i.e. “handle operated”.
Conclusion
It is noted previously cited Carpenter (US#639521) discloses a tension board B for straining a wire fence A, said tension board having a “substantially” L-shaped configuration (see Figs. 2 and 5) and a handle operated gripper/tool (see Fig. 4, and page 1, line 72, to page 2, line 10).
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM L MILLER whose telephone number is (571)272-7068. The examiner can normally be reached 9:30 - 6:00 PM.
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WILLIAM L. MILLER
Primary Examiner
Art Unit 3677
/WILLIAM L MILLER/Primary Examiner, Art Unit 3677
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