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 .
Claim Rejections - 35 USC § 102
(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 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ritter (US 1,956,625).
Claim 1: Ritter discloses a surface treatment including a support portion (36,39 of Figure 2); and a hook portion (40 of Figure 2) connected with the support portion, wherein the support portion has a shape tapered near the hook portion (as depicted in Figure 2, the support portion tapers toward the hook portion).
The remainder of the limitations recited in the claim have been treated as the intended use of the claimed apparatus. Since the apparatus of Ritter is capable of performing the recited intended use, the apparatus of Ritter meets the limitations of the claim. The recitation of a new intended use for an old product does not make a claim to an old product patentable. In re Schreiber, 128 F.3d 1473, 1477, 44 USPQ2d 1429, 1431 (Fed. Cir. 1997).
Claim 2: Ritter further discloses that the support portions includes head portion (narrow tapered portion near of 39 proximal 40) provided on a side near the hook portion; a bottom portion (36 of Figure 2) provided on an opposite side of the side near the head portion; and an intermediate portion (wider portion of 39 between 36 and the tapered portion near the hook 40_ provided between the head portion and the bottom portion, and the bottom portion has a height smaller than a sum of heights of the head portion and the intermediate portion (as depicted in Figure 2).
Claim 3: Ritter further discloses that the surface the intermediate portion has a frustum shape (as depicted in Figure 2, the intermediate tapers toward a shoulder, if the intermediate portion were stopped at this shoulder it would be frustrum shape).
Claim 4: Ritter further discloses that the support portion includes: a head portion (narrow tapered portion near of 39 proximal 40) provided on a side near the hook portion; and a bottom portion (36 of Figure 2) provided on an opposite side of the side near the head portion; and the bottom portion has a height smaller than a height of the head portion (as depicted in Figure 2).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 4,288,313 discloses a tapered support portion 14 and a hook portion 18. US 3,671,416 discloses a tapered support portion 13 and a hook portion 35.)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON L VAUGHAN whose telephone number is (571)270-5704. The examiner can normally be reached Mon-Friday 8:30 - 5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sunil Singh can be reached at (571) 272-3460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JASON L VAUGHAN/Primary Examiner, Art Unit 3726
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