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 § 112
Claims 13-17 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 13-17 are drawn to an anti-rotation member but contain structure drawn to a housing for use with anti-rotation members. It is unclear if the claims are intended as an anti-rotation member or the combination of an anti-rotation member and a housing.
Claim 11 lines 4-6 recite “a holding space,” “in each space of the housing,” and “at least a part of space.” It’s unclear if these are a single space or different spaces.
Claim 14 recites the limitations "the front wall", “the carrier” and “portable carrier”. There is insufficient antecedent basis for these limitations in the claim.
Claim 15 recites the limitations "the wall". There is insufficient antecedent basis for these limitations in the claim.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 11-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Weinmeier (US-6244438-B1).
Weinmeier discloses:
11. An anti-rotation member (40) which is a substantially channel shaped member having side walls forming a splayed substantially shaped U cross sectional shape including a base (Fig. 2) when in use is removably attachable to side walls and/or to rear wall (Fig. 1) of housing (10), and splayed arms extending from the base and including a holding space or recess there between the arms (Fig. 2), wherein in each space of housing there is at least one anti-rotation member to allow a part or portion of one elongate item to be inserted there between at least a part of space whereby the arms which are formed and configured of a material to allow the flexing about the base without deforming to accommodate a portion of the elongate item to hold it therein and there between the arms, where upon removal of the elongate item allows the arms to return to their relaxed splayed configuration (col. 3, lines 41-59).
12. An anti-rotation member as claimed in claim 11, wherein the walls are formed of a length having at one end, angled cut off pair of corners (Fig. 2, opposite 26).
13. An anti-rotation member as claimed in claim 11, wherein the anti-rotat8ion member can be used within the space of housing of a carrier assembly, there includes two anti-rotation members spaced opposite each other on opposing spaced side walls or rear wall, with the arms outwardly protruding towards each other but spaced sufficiently from each other to allow a portion of the elongate item to be held there between an entrance part of the space of the flexed arms of both anti-rotation members but not necessarily needing to be wholly captured in all of space of both anti-rotation members (Fig. 1, intended use).
14. An anti-rotation member as claimed in claim 11, wherein the anti-rotation member are formed of a flexible but resilient material to allow repeated flexing, holding and return to original shape (col. 3, lines 41-59), and can be used with the front wall of a housing is formed of a flexible material to allow repeated flexing and return to original shape and the housing of the carrier and portable carrier is formed of a polymer composite material suitable to allow molding to shape, have some degree of water resistances and impact resistance for everyday use of elongate items being inserted and retrieved and movement during transport and yet allow the item to be retained therein housing (intended use).
15. An anti-rotation member as claimed in claim 11, wherein there can be an anti-rotation member for use mid-way in the wall between housings which includes base or and central rib between back-to-back splayed walls whereby the base and rib form an H shape in cross section (Fig. 1, intended use).
16. An anti-rotation member as claimed in claim 11, wherein there can be an anti-rotation member for use at one end of wall at an end of housing which includes base or and central rib forming an H shaped in cross section wherein a portion of the H shaped forms a T shape outwardly protruding beyond base (intended use).
17. An anti-rotation member as claimed in claim 11, wherein there can be an anti-rotation member for use at one end of wall at an end of housing which includes base or and central rib forming an H shaped in cross section wherein a portion of the H shaped forms a T shape outwardly protruding beyond base and the T has a head portion which extends in length beyond the ends of the base and splayed walls (intended use).
18. An anti-rotation member as claimed in claim 11, wherein the arms are of equal extent beyond the base (Fig. 2).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Weinmeier (US-6244438-B1).
Weinmeier discloses all the claimed limitations as shown above but fails to teach wherein the arms are of unequal extent beyond the base.
It would have been obvious to one of ordinary skill in the art before the effective filing date to have manufactured the arms with unequal length in order to adjust for different elongate objects and since such a modification would have been a change in size of an existing component. A change in size is generally recognized as being within the level of ordinary skill in the art.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shaanan (US-20050072695-A1) in view of Weinmeier (US-6244438-B1).
Shaanan discloses a carrier assembly (20) for elongate sporting items such as lacrosse sticks, golf clubs and the like (par. 0002), the carrier assembly having an elongate shaped body which is substantially rectangular or trapezoidal in cross-section (Fig. 1) with front and back walls and side walls, with the side walls having a width greater than the width of the front or back walls (Fig. 2), and each of the side walls accommodates a plurality of elongate shaped housings (50), each with an elongate slit shaped opening facing away from its side wall to function as a holder for elongate sports items to allow the insertion or removal of an elongate sports item (Fig. 1), and wherein each housing has at least one anti-rotation member (52) mounted within each housing.
Shaanan fails to teach an anti-rotation member which is a substantially channel shaped member having side walls forming a splayed substantially shaped U cross sectional shape including a base when in use is removably attachable to side walls and/or to rear wall of housing, and splayed arms extending from the base and including a holding space or recess there between the arms, wherein in each space of housing there is at least one anti-rotation member to allow a part or portion of one elongate item to be inserted there between at least a part of space whereby the arms which are formed and configured of a material to allow the flexing about the base without deforming to accommodate a portion of the elongate item to hold it therein and there between the arms, where upon removal of the elongate item allows the arms to return to their relaxed splayed configuration.
Weinmeier teaches that it was known in the art to manufacture anti-rotation member (40) which is a substantially channel shaped member having side walls forming a splayed substantially shaped U cross sectional shape including a base (Fig. 2) when in use is removably attachable to side walls and/or to rear wall (Fig. 1) of housing (10), and splayed arms extending from the base and including a holding space or recess there between the arms (Fig. 2), wherein in each space of housing there is at least one anti-rotation member to allow a part or portion of one elongate item to be inserted there between at least a part of space whereby the arms which are formed and configured of a material to allow the flexing about the base without deforming to accommodate a portion of the elongate item to hold it therein and there between the arms, where upon removal of the elongate item allows the arms to return to their relaxed splayed configuration (col. 3, lines 41-59).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have manufactured the carrier of Shaanan with the anti-rotation members taught by Weinmeier, in order to secure elongate items and such a modification would be the substitution of known anti-rotation members for securing elongate members.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEFFREY R ALLEN whose telephone number is (571)270-7426. The examiner can normally be reached 9:00 am - 5:00 pm, Monday-Friday.
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/JEFFREY R ALLEN/Primary Examiner, Art Unit 3733