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
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 13-25 and 27 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Shiao (US Patent no. 6811127).
Regarding claim 13, Shiao discloses a device (10) for suspending an object (screws, bits and elongated tools, figure 4), the device comprising: at least one base body (10) which comprises, at least one wall contact section (11, figure 2), a support section (12 and 13) , an outer surface (22) which faces away from the at least one wall contact section, and a fastening device (magnets 20) which comprises a first magnet (20), wherein, the at least one wall contact section (11) is configured to be mounted on a wall section (a car body, see column 2, lines 58-60 wherein Shiao discloses “Referring to FIG. 4, during use, the bowl-shaped part 12 can be mounted on a magnetically attractive wall, such as a car body”) via the fastening device (20) and is associated with the wall section in an assembled position (figure 4), the support section (12 and 13) is oriented against a direction of gravity and is configured to support the object (screws, bits and elongated tools, figure 4) from a direction of the outer surface so that the object is suspended in a supported position on the support section and held against the direction of gravity, the first magnet (20) is mechanically received in (friction fitted) or on the at least one base body and is associated with the at least one wall contact section (11), and the first magnet is configured to enable a mounting of the at least one base body to a metal wall section section (a car body, see column 2, lines 58-60 wherein Shiao discloses “Referring to FIG. 4, during use, the bowl-shaped part 12 can be mounted on a magnetically attractive wall, such as a car body”) via a holding force of the first magnet (20).
Regarding claim 14, Shiao discloses the device as recited in claim 13, except wherein the object is a bridle, a snaffle, and/or a halter. As set forth in claim 1, “a device for suspending an object” wherein the “object” is an intended use. Applicant is reminded that 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. In this case, Shiao’s bowl (12) is capable suspending objects such as a bridle, snaffle, and/or halter by draping over the bowl 12 behind projection (121, figure 3) or magnetically held by the magnets (20 or 32) via its metal portions.
Regarding claim 15, Shiao discloses the device as recited in claim 13, wherein, the support section is curved (bowl peripheral 12 is curved, see cross section in figure 3) in the assembled position against the direction of gravity so that the support section is formed as a curved section (12, figure 3), and the curved section comprises a center section (top upper section, figures 3 and 4) and two edge sections (edge sections connected to 13, figures 3 and 4), each of the two edge sections being arranged along the direction of gravity below the center section.
Regarding Claim 16, Shiao discloses the device as recited in claim 15, wherein a curvature direction of the curved section (12, figure 3) is parallel or substantially parallel to the at least one wall contact section (11, figure 3 or 22, figure, 4) so that a curvature axis is orthogonal or substantially orthogonal to the at least one wall contact section (figure 3), so that the object is arranged parallel or substantially parallel to the at least one wall section in the supported position.
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Regarding Claim 17, Shiao discloses the device as recited in claim 15, wherein, the at least one base body (10) further comprises at least one of a first edge bead (B1, see markup above) and a second edge bead (see B2 in markup above) which is or are associated with the support section (12), and the at least one of the first edge bead and the second edge bead are arranged to protrude against the direction of gravity in relation to the support section so that a slipping of the object in a direction of at least one of the outer surface is at least one of made more difficult and prevented in the supported position.
Regarding Claim 18, Shiao discloses the device as recited in claim 13, wherein, the fastening device further comprises at least one of a second magnet, a third magnet and a further magnet (there are 7 magnets 20 in dashlines shown in figure 4 which constitutes the first, second, third, and further magnets), and the at least one of the second magnet, the third magnet, and the further magnet is or are mechanically received in the at least one base body (10) and is or are associated with the at least one wall contact section (11) so as to provide the mounting of the at least one base body on the metal wall section (car body, see discussion above) via at least one of a holding force of the second magnet, a holding force of the third magnet, and a holding force of the further magnet.
Regarding Claim 19, Shiao discloses the device as recited in claim 18, wherein at least one of the first magnet, the second magnet, the third magnet, and the further magnet (20) is or are completely embedded in the at least one wall contact section (11, figure 3).
Regarding Claim 20, Shiao discloses the device as recited in claim 18, wherein the at least one of the first magnet, the second magnet, the third magnet, and the further magnet (20), forms or form a partial wall section of the at least one wall contact section (11, figure 3).
Regarding Claim 21, Shiao discloses the device as recited in claim 20, wherein an outer side of the at least one of the first magnet, the second magnet, the third magnet, and the further magnet (20), respectively, which faces the at least one wall section (car body, see discussion above), forms or form the partial wall section of the wall contact section (11, figure 3).
Regarding Claim 22, Shiao discloses the device as recited in claim 18, wherein, the at least one base body further comprises, an additional magnet or several additional magnets (32), and an outer contact surface (34) comprising a lower edge (LE, see markup above) and an inner curvature (IC, see examiner’s markup above), the additional magnet or the several additional magnets (32) are associated with the outer contact surface (131), and the additional magnet or the several additional magnets (32) is or are configured to pick up and hold a metal tool on the outer contact surface (34, figures 3-4).
Regarding Claim 23, Shiao discloses the device as recited in claim 22, wherein the additional magnet or the additional magnets (32) is or are associated with the outer surface (34) so that the outer contact surface (34) is arranged at the inner curvature (IC, see markup above).
Regarding Claim 24, Shiao discloses the device as recited in claim 22, wherein the additional magnet or the additional magnets (32) is or are embedded flush in the outer contact surface (34).
Regarding Claim 25, Shiao discloses the device as recited in claim 24, wherein the additional magnet or the additional magnets (32) is or are embedded flush in the inner curvature (IC, see markup above)
Regarding Claim 27, Shiao discloses a method of using the device as recited in claim 13, the method comprising: providing the device as recited in claim 13; and using the device to suspend an object (tools, bits, and screws).
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.
Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over Shiao (US Patent no. 6811127) in view of Wacker (US Patent no.10843328)
Regarding Claim 26, Shiao discloses the device as recited in claim 22, except wherein the at least one of the first magnet, the second magnet, the third magnet, the further magnet, the additional magnet, and the additional magnets, comprises or comprise at least one of a neodymium magnet and a pot magnet. Wacker discloses a device for suspending objects comprising fastening device being magnets (245, figure 2B) that is of neodymium magnet (column 4, lines 57-58). It would have been obvious to one of ordinary skilled in the art to have provide the magnets of Shiao to be of neodymium magnet type as such magnet is conventional and well-known in the art of magnetic mounting as demonstrated by Wacker.
Claims 13-16, 18- 21, and 27-28 are rejected under 35 U.S.C. 103 as being unpatentable over Pasban-Dowlatshahi (US Patent no. 5101985 herein referred to as Pasban) in view of Shiao (US Patent no. 6811127).
Regarding claim 13, Pasban discloses a device (9, figure 5) for suspending an object (bridle 10, figure 6), the device comprising: at least one base body (4) which comprises, at least one wall contact section (4), a support section (9), an outer surface which faces away from the at least one wall contact section, and a fastening device (figure 10)
However, Pasban does not disclose the fastening device comprises a first magnet, wherein, the at least one wall contact section is configured to be mounted on a wall section via the fastening device and is associated with the wall section in an assembled position, the support section is oriented against a direction of gravity and is configured to support the object from a direction of the outer surface so that the object is suspended in a supported position on the support section and held against the direction of gravity, the first magnet is mechanically received in or on the at least one base body and is associated with the at least one wall contact section, and the first magnet is configured to enable a mounting of the at least one base body to a metal wall section via a holding force of the first magnet.
Shiao discloses a device (10) for suspending an object (screws, bits and elongated tools, figure 4), the device comprising: at least one base body (10) which comprises, at least one wall contact section (11, figure 2), a support section (12 and 13) , an outer surface (22) which faces away from the at least one wall contact section, and a fastening device (magnets 20) which comprises a first magnet (20), wherein, the at least one wall contact section (11) is configured to be mounted on a wall section (a car body, see column 2, lines 58-60 wherein Shiao discloses “Referring to FIG. 4, during use, the bowl-shaped part 12 can be mounted on a magnetically attractive wall, such as a car body”) via the fastening device (20) and is associated with the wall section in an assembled position (figure 4), the support section (12 and 13) is oriented against a direction of gravity and is configured to support the object (screws, bits and elongated tools, figure 4) from a direction of the outer surface so that the object is suspended in a supported position on the support section and held against the direction of gravity, the first magnet (20) is mechanically received in (friction fitted) or on the at least one base body and is associated with the at least one wall contact section (11), and the first magnet is configured to enable a mounting of the at least one base body to a metal wall section section (a car body, see column 2, lines 58-60 wherein Shiao discloses “Referring to FIG. 4, during use, the bowl-shaped part 12 can be mounted on a magnetically attractive wall, such as a car body”) via a holding force of the first magnet (20).
It would have been obvious to one or ordinary skilled in the art to have modify the fastening device of Pasban such that it comprises at least one magnet for mounting onto a metal wall section as taught to be desirable by Shiao.
Regarding claim 14, Pasban and Shiao combined discloses the device as recited in claim 13, wherein Pasban discloses the object is a bridle (10, figure 6).
Regarding claim 15, Pasban and Shiao combined discloses the device as recited in claim 13, wherein, Pasban discloses the support section is curved (9, figure 5) in the assembled position against the direction of gravity so that the support section is formed as a curved section (9, figure 5), and the curved section comprises a center section (uppermost section of 9) and two edge sections (edge ends of 9, figure 5), each of the two edge sections being arranged along the direction of gravity below the center section.
Regarding Claim 16, Pasban and Shiao combined discloses the device as recited in claim 15, wherein a curvature direction of the curved section (9, figure 3) is parallel or substantially parallel to the at least one wall contact section (4) so that a curvature axis is orthogonal or substantially orthogonal to the at least one wall contact section, so that the object (10, figure 6) is arranged parallel or substantially parallel to the at least one wall section in the supported position.
Regarding Claim 18, Pasban and Shiao combined discloses the device as recited in claim 13, wherein, Shaio teaches the fastening device further comprises at least one of a second magnet, a third magnet and a further magnet (there are 7 magnets 20 in dashlines shown in figure 4 which constitutes the first, second, third, and further magnets), and the at least one of the second magnet, the third magnet, and the further magnet is or are mechanically received in the at least one base body (10) and is or are associated with the at least one wall contact section (11) so as to provide the mounting of the at least one base body on the metal wall section (car body, see discussion above) via at least one of a holding force of the second magnet, a holding force of the third magnet, and a holding force of the further magnet. Such plurality of of magnets has the well-known advantage of increasing the magnetic force hold to the metal wall section. It would have been obvious to one of ordinary skilled in the art to have provided additional magnets as taught by Shiao for the well-known advantage of strengthening the magnetic force of the wall contact section to the metal wall section.
Regarding Claim 19, Pasban and Shiao combined discloses the device as recited in claim 18, wherein Shiao discloses at least one of the first magnet, the second magnet, the third magnet, and the further magnet (20) is or are completely embedded in the at least one wall contact section (11, figure 3).
Regarding Claim 20, Pasban and Shiao combined discloses the device as recited in claim 18, wherein Shiao discloses the at least one of the first magnet, the second magnet, the third magnet, and the further magnet (20), forms or form a partial wall section of the at least one wall contact section (11, figure 3).
Regarding Claim 21, Pasban and Shiao combined discloses the device as recited in claim 20, wherein Shiao discloses an outer side of the at least one of the first magnet, the second magnet, the third magnet, and the further magnet (20), respectively, which faces the at least one wall section (car body, see discussion above), forms or form the partial wall section of the wall contact section (11, figure 3).
Regarding Claim 27, Pasban and Shiao combined discloses a method of using the device as recited in claim 13, the method comprising: providing the device (figure 5) as recited in claim 13; and using the device to suspend an object (bridle 10, figure 6).
Regarding Claim 28, Pasban and Shiao combined discloses the device as recited in claim 27, wherein the object is a bridle (10, figure 6).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art of record further demonstrate device for suspending objects.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ko (Korie) H Chan whose telephone number is (571)272-6816. The examiner can normally be reached on Monday -Friday, 8:00 - 5:00 EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached on 571-272-8227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Ko H Chan/Primary Examiner, Art Unit 3631
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