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 .
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 following claimed features must be shown, without entering any new matter: the magnet is in the flap and magnet is coupled on an outside of the flap in claims 12 and 13 (in the cover of claim 8).
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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This Application 18817041:
US Patent 10369443
1. A golf club head cover comprising:
a body portion (112) defining an internal cavity for receiving a golf club head, the internal cavity exposed at an opening in the body portion;
a flap coupled to the body portion and configured to cover the opening of the body portion;
a guide strip coupled to the flap;
a strap holder configured to couple to and slide along the guide strip; and
a strap coupled at an end of the strap holder, the strap comprising a magnetizable portion configured to couple with
a magnet comprised
in a pocket to secure the flap over the opening of the body portion.
1. A golf club head cover comprising:
a body portion defining an internal cavity for receiving a golf club head, the internal cavity exposed at an opening in the body portion;
a flap coupled to the body portion and configured to cover the opening of the body portion;
a guide strip coupled to the flap;
a strap holder configured to move along the guide strip slidably coupled to the guide strip; and
a strap coupled at an end of the strap holder,
wherein the strap is configured to secure the flap over the opening through coupling to a front face of the body portion.
(claim 4) strap comprises a magnet and the front face comprises one or more magnets therein, wherein the magnet of the strap is configured to magnetically couple to the one or more magnets of the front face.
(claim 5). magnet of the strap is comprised in the strap and the
one or more magnets of the front face are comprised
in a pocket, wherein the pocket is one of coupled on an outside of the front face, or coupled on an inside of the front face.
8. A golf club head cover comprising:
a body portion defining an internal cavity for receiving a golf club head, the internal cavity exposed at an opening in the body portion;
a flap coupled to the body portion and configured to cover the opening of the body portion;
a guide strip coupled to the flap;
a strap holder configured to couple to and slide along the guide strip; and
a strap coupled at an end of the strap holder, the strap comprising
a magnet configured to couple with
a magnetizable material comprised in
a pocket to secure the flap over the opening of the body portion.
1. A golf club head cover comprising:
a body portion defining an internal cavity for receiving a golf club head, the internal cavity exposed at an opening in the body portion;
a flap coupled to the body portion and configured to cover the opening of the body portion;
a guide strip coupled to the flap;
a strap holder configured to move along the guide strip slidably coupled to the guide strip; and
a strap coupled at an end of the strap holder, wherein the strap is configured to secure the flap over the opening through coupling to a front face of the body portion.
(claim 4) strap comprises a magnet and the front face comprises one or more magnets therein, wherein the magnet of the strap is configured to magnetically couple to the one or more magnets of the front face.
(claim 5). magnet of the strap is comprised in the strap and the
one or more magnets of the front face are comprised
in a pocket, wherein the pocket is one of coupled on an outside of the front face, or coupled on an inside of the front face.
15. A golf club head cover comprising:
a body portion defining an internal cavity for receiving a golf club head, the internal cavity exposed at an opening in the body portion;
a flap coupled to the body portion and configured to cover the opening of the body portion; and
a strap coupled to the flap, the strap comprising one of a first portion of a magnetic coupling mechanism configured to couple with a second portion of
a magnetic coupling mechanism comprised
in a pocket to secure the flap over the opening of the body portion.
1. A golf club head cover comprising:
a body portion defining an internal cavity for receiving a golf club head, the internal cavity exposed at an opening in the body portion;
a flap coupled to the body portion and configured to cover the opening of the body portion;
a guide strip coupled to the flap;
a strap holder configured to move along the guide strip slidably coupled to the guide strip; and
a strap coupled at an end of the strap holder, wherein the strap is configured to secure the flap over the opening through coupling to a front face of the body portion.
(claim 4) strap comprises a magnet and the front face comprises one or more magnets therein, wherein the magnet of the strap is configured to magnetically couple to the one or more magnets of the front face.
(claim 5). magnet of the strap is comprised in the strap and the
one or more magnets of the front face are comprised
in a pocket, wherein the pocket is one of coupled on an outside of the front face, or coupled on an inside of the front face.
Claims 1-5, 7-11, and 14-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims of U.S. Patent No. 10,369,444 (hereinafter the ‘444 Patent).
Regarding claims 1, 8 and 15, note claim 5 of U.S. Patent No. 10,369,443 teaches the limitations about the body portion, the guide strip, the strap holder and the strap and a magnetic coupling mechanism comprised in a pocket to secure the flap over the opening of the body portion. Although the claims at issue are not identical, they are not patentably distinct from each other because: the claims of the ‘444 Patent encompass all claimed limitation at least in claims 1, 8, and 15 as set forth supra. Also, it would have been obvious to one of ordinary skill in the art to eliminate limitations to broaden the claim and/or when they are not needed.
Regarding claims 2-4, 9-11, and 16-20 note the pocket is coupled in an outside or inside of front face the body portion in claim 5 of the ’444 Patent.
Regarding claim 5, note magnetizable portion is in the strap in claim 5 of the ’444 Patent.
Regarding claims 7, and 14 note the magnet is slidably retained within the pocket in claim 6 of the ’444 Patent.
Claim 6 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims of the ‘444 Patent, and further in view of Brown (3741376). The claims of the ‘444 Patent does not teach the magnetizable portion is coupled on an outside of the strap. Brown teaches that it is known in the art to provide magnet 21 coupled on an outside of the strap via pocket 27. It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the magnetizable portion is coupled on an outside of the strap as taught by Brown to provide the desired attachment of the fastening device.
Claim 12 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims of the ‘444 Patent, and further in view of Vakharia (20050016648). The claims of the ‘444 Patent does not teach the magnetizable portion wherein the magnet is in the flap. Vakharia teaches that it is known in the art to provide a flap at 72 and magnets in the flap, i.e., between the cover and liner (para. 23). It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the magnet in the flap as taught by Vakharia to provide added security and keep the flap secured when the strap is not attached.
Claim 13 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims of the ‘444 Patent, and further in view of Kim (7699083). The claims of the ‘444 Patent does not teach the magnet is coupled on an outside of the flap. Kim teaches that it is known in the art to provide a flap at 12 and magnet coupled on an outside of the flap at 24. It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the magnet outside of the flap as taught by Kim to provide added security and keep the flap secured when the strap is not attached
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 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Lethern(1170486) in view of Brown (3741376).
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Regarding claim 15, Lethern teaches a device comprising: a body portion defining an internal cavity (A), the internal cavity exposed at an opening in the body portion (note when the flap is opened the there is an opening as claimed), a flap (B) coupled to the body portion and configured to cover the opening of the body portion; and a strap (E) coupled to the flap, Lethern meets all claimed limitations except for the a first portion of a magnetic coupling mechanism configured to couple with a second portion of a magnetic coupling mechanism comprised in a pocket to secure the flap over the opening of the body portion.
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(11) At least one of the magnetically attractive elements is a permanent magnet.
(6) The front panel 12 includes a pouch 27 formed from a strip of material stitched or otherwise attached to the front fact of said panel 12. This pouch 27 provides a pocket for the associated magnetic element 20.
Brown teaches that it is known in the art to provide a magnetic coupling of a strap to a wall of a body with a first portion of a magnetic coupling mechanism configured to couple with a second portion of a magnetic coupling mechanism comprised in a pocket (27 or 28) as taught by Brown to provide an alternative attachment and/or for easy opening/closing.
Regarding claims 16-19, note first portion and the second portion comprises the magnetically attractive elements 20 and 21 comprises a permanent magnet as defined by Brown cited above.
Regarding claim 20, note the pocket 27 is coupled in one of a front face of the body portion as claimed.
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TRI M. MAI
Examiner
Art Unit 3733
/TRI M MAI/Primary Examiner, Art Unit 3733