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 .
Drawings
1. The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: opening 68 [of the loop 24]. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
2. Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
2. The abstract of the disclosure is objected to because it is less than 50 words. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
3. The disclosure is objected to because of the following informalities:
In paragraph 0001, line 2, the examiner deems it appropriate that the phrase “filed November 21, 2024” should read “filed November 21, 2023”
Appropriate correction is required.
Claim Objections
4. Claims 2 and 13 objected to because of the following informalities:
In claim 2, line 1, it would appear that -fastener pull assist is spring-loaded winding mechanism-- should more appropriately read --fastener pull assist is a spring-loaded winding mechanism-- for correct grammar.
In claim 7, line 5, it would appear that --first opening-- should more appropriately read --second opening--
In claim 13, lines 4 and 6, it would appear that the phrase, --at least one of the fastener pull assist, a clasping mechanism and a loop-- should more appropriately read --the fastener pull assist, a clasping mechanism, and/or a loop--
In claim 13, lines 7, 9, and 12, it would appear that the phrase, --the at least one of the fastener pull assist, a clasping mechanism and a loop-- should more appropriately read --the fastener pull assist, a clasping mechanism, and/or a loop--
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 12 is 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.
Claim 12 recites the limitation “the slot” in line 2. There is insufficient antecedent basis for this limitation in the claim in that a slot has not been previously recited. Consider instead -a slot- for proper antecedent support.
Claim Rejections - 35 USC § 102
5. 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.
6. Claims 1, 4-5, 8-10, and 13 are rejected under 35 U.S.C 102(a)(1) and U.S.C. 102(a)(2) as being unpatentable over McLoudrey (US 6698049 B2).
Regarding claim 1, McLoudrey teaches a multi-tool apparatus (10), comprising:
a housing (defined by handles 12, 22; Cols. 3-4, lines 65-17; Fig. 1);
a fastener pull assist (50) arranged at least in part within the housing (in a closed stated, Figs 1-2);
a clasping mechanism (jaws 49’ at first end 49, Fig 2, Cols. 4-5, lines 66-20) rotatably fixed to the housing (Figs. 1-2, Cols. 4-5, lines 66-20);
and a loop (65) rotatably fixed to the housing (Figs. 1-2, Cols. 5-6 lines 63-2, pivots about pin 5 which is attached to the housing).
Regarding claim 4, McLoudrey teaches the multi-tool apparatus (10) of claim 1, and further teaches wherein a first rotatable fastener (40) and a second rotatable fastener (60) are fixed within the housing. (Fig. 1)
Regarding claim 5, McLoudrey teaches the multi-tool apparatus (10) of claim 4, wherein the clasping mechanism is fixed to the first rotatable fastener (49’ is attached to 40, Fig. 2, Cols. 4-5 lines 66-20).
Regarding claim 8, McLoudrey teaches a the multi-tool apparatus of claim 1 (10), wherein the clasping mechanism (49’) includes a spring- tensioned clip (43-46) that is comprised of a first part (43) and a second part (44) with the first part (43) and the second part (44) interacting with each other to grasp and release an object (Cols. 4-5, lines 66-5, Fig. 2).
Regarding claim 9, McLoudrey teaches the multi-tool apparatus (10) of claim 4, wherein the loop (65) is fixed to the second rotatable fastener (60, Cols. 5-6 lines 63-12). (Fig. 2)
Regarding claim 11, McLoudrey teaches the multi-tool apparatus (10) of claim 1, wherein the loop (65) includes a body comprised of a first leg, a second leg, a third leg, a fourth leg, a fifth leg, a sixth leg and a seventh leg forming an opening within the body (Fig. 2), as annotated below.
PNG
media_image1.png
347
471
media_image1.png
Greyscale
Fig. 2 of McLoudrey showing multi-tool (10) comprising of the loop (65)
PNG
media_image2.png
141
85
media_image2.png
Greyscale
Annotated closeup of McLoudrey’s Fig. 2 showing the legs of loop (65) labelled in red text.
Regarding claim 12, McLoudrey teaches the multi-tool apparatus (10) of claim 1, wherein the loop (65) has a narrowed section (See image of Fig. 2 closeup above) that is configured to aid in directing an object toward and within the slot (space of narrowed section defined by legs 4-7 of loop 65) to secure the object for manipulation thereof (Fig. 2).
Regarding claim 13, McLoudrey teaches a method of using a multi-tool device (10), the method comprising:
providing a housing (Cols. 3-4, lines 65-7; Fig. 1), a fastener pull assist (50) arranged at least in part within the housing (Cols. 3-4, lines 65-7; Fig. 1), a clasping mechanism (49’) rotatably fixed to the housing and a loop (65) rotatably fixed to the housing (Cols. 3-4, lines 65-7; Fig. 1);
rotating at least one of the fastener pull assist (50), a clasping mechanism (49’) and a loop (65) out of the housing (Abstract, lines 1-4; Figs. 1-2);
securing an object to or in contact with at least one of the fastener pull assist (50), a clasping mechanism (49’) and a loop (65)(Fig. 3);
and manipulating the at least one of the fastener pull assist (50), a clasping mechanism (49’) and a loop (65) which the object is secured to or in contact with to aid in completing a task (Abstract, lines 6-10).
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.
7. Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over McLoudery (US 6698049 B2) in view of Kogen (US 6032996 A).
Regarding claim 2, McLoudery discloses a multi-tool apparatus (10) of claim 1,
McLoudery lacks,
the fastener pull assist is spring-loaded winding mechanism that is configured to extend from and retract within the housing.
However, Kogen is also concerned with a mobility aid tool and teaches a fastener pull assist that is a spring-loaded winding mechanism (24, Fig. 3, Col. 5 lines 6-14).
PNG
media_image3.png
140
198
media_image3.png
Greyscale
Fig. 3 of Kogen’s invention showing a fastener pull assist, which is comprised of parts 24, 34, 36, 44, 46, and 50. 24 comprises of parts 34, 36, 38 (not pictured), and 44.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the top portion of McLoudery’s fastener pull assist (50), which includes parts 53 (the distal end), 57, and 58, with the fastener pull assist (24) of Kogen, with the predictable result of effective pulling of a zipper, as taught by Kogen.
Regarding claim 3, McLoudery discloses a multi-tool apparatus (10) of claim 1.
McLoudery lacks,
the fastener pull assist that includes a clasp external of the housing.
However, Kogen teaches a fastener pull assist that includes a clasp. (24 and 46, Figs. 3 and 6, Col. 6 lines 38-48)
(See figures of McLoudery’s multi-tool apparatus (10) and Kogen’s fastener pull assist (24 and 46) above for reference.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the top portion of McLoudery’s fastener pull assist (50), which includes parts 53, 57, and 58, with Kogen’s fastener pull assist (24 and 46) in a way where the clasp lies external of the housing, and the results would have been predictable.
8. Claims 6-7, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Embodiment 1 (E1) of McLoudery (US 6698049 B2) in view of Embodiment 2 (E2) of McLoudery.
E1 is the first embodiment of the multi-functional tool (10) disclosed in Figs. 1-3 of McLoudery, and E2 is the alternative embodiment of the multi-functional tool (100) disclosed in Figs. 4-12 of McLoudery.
Regarding claim 6, E1 discloses a multi-tool apparatus (10) of claim 1.
E1 lacks,
a housing that has a first opening and a second opening.
However, E2 teaches a multi-tool apparatus (100) with a housing (defined by handles 112, 122, Col. 7 lines 11-23) having a first opening (space defined by handles 112 and 122 and pins 118 and 119) and a second opening (space defined by handles, 112 and 122, and pin 219) (Figs. 4-5, Col. 7 lines 11-23).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the first and second openings of E2 into the multi-tool apparatus of E1 (10) so that multiple hand tools can be simultaneously handled more easily by being accessible from multiple places, and the results would have been predictable.
Regarding claim 7, E1 discloses a multi-tool apparatus (10) of claim 1.
E1 lacks,
a housing that has a first opening and a second opening.
the clasping mechanism being rotatable between a first position within the second opening of the housing and a second position where the clasping mechanism extends out of the second opening in the housing.
However, E2 teaches a multi-tool apparatus (100) with a housing (defined by handles 112, 122, Col. 7 lines 11-23) having a first opening (space defined by handles 112 and 122 and pins 118 and 119) and a second opening (space defined by handles, 112 and 122, and pin 219) (Figs. 4-5, Col. 7 lines 11-23). E2 also teaches at least one tool (180, 190) that is rotatable between a first position within the second opening of the housing and a second position where they extend out of the second opening in the housing by being pivotally connected to pin 219 (Figs. 4-5, Col. 9 lines 40-54).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the first and second openings of E2 into the multi-tool apparatus of E1 (10) and configure E1’s clasping mechanism (49’) to be pivotally connected to pin 219, with the predictable result of simultaneously accessing the fastener pull assist and clasping mechanism more conveniently.
Regarding claim 10, E1 discloses a multi-tool apparatus (10) of claim 1.
E1 lacks,
a housing that has a first opening and a second opening.
the loop being rotatable between a first position within the second opening of the housing and a second position where the loop extends out of the second opening in the housing.
However, E2 teaches a multi-tool apparatus (100) with a housing (defined by handles 112, 122, Col. 7 lines 11-23) having a first opening (space defined by handles 112 and 122 and pins 118 and 119) and a second opening (space defined by handles, 112 and 122, and pin 219) (Figs. 4-5, Col. 7 lines 11-23). E2 also teaches at least one tool (180, 190) that is rotatable between a first position within the second opening of the housing and a second position where they extend out of the second opening in the housing by being pivotally connected to pin 219 (Figs. 4-5, Col. 9 lines 40-54).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the first and second openings of E2 into the multi-tool apparatus of E1 (10) and configure E1’s loop (65) to be pivotally connected to pin 219, with the predictable result of simultaneously accessing the fastener pull assist and loop more conveniently.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BUKATUN NOOR CHOWDHRY whose telephone number is (571)272-0152. The examiner can normally be reached Monday - Friday 7:30 am - 5:00 pm ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Keller can be reached at (571) 272-8548. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/BUKATUN NOOR CHOWDHRY/Examiner, Art Unit 3723
/BRIAN D KELLER/Supervisory Patent Examiner, Art Unit 3723
Prosecution Insights