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 .
Response to Arguments
Applicant’s arguments, see pages 10-11, filed 6/12/2026, with respect to the rejection(s) of claim(s) 1-20 under Sanabia US 2008/0109976 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Gravatt US 3497676.
Drawings
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 outer edge must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
Claim Objections
The amendment filed 6/12/2026 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows: a thickness extending from the ridge section is less than a width of the anchor section in a direction perpendicular to a direction that the ridge extends from the anchor section and perpendicular to a direction from the top edge to the bottom edge.
Applicant is required to cancel the new matter in the reply to this Office Action.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. There is not support in the disclosure for the limitation “a thickness extending from the ridge section is less than a width of the anchor section in a direction perpendicular to a direction that the ridge extends from the anchor section and perpendicular to a direction from the top edge to the bottom edge”.
Claims dependent upon rejected claim are also rejected.
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.
Claims 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 1, 15 and 19 recite “an outer ridge” and “wherein the outer edge of the ridge section is free from additional protrusions”. However, the disclosure is silent to what the outer edge is referring to rendering claim 1 and 15 indefinite.
Claims dependent upon rejected claims are also rejected
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.
Claims 1-2, 6-7, 11, 13-15, and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gravatt US 3497676.
Regarding Claim 1, as best understood, Gravatt discloses a lockout clip comprising:
an anchor section (annotated Fig 1) comprising a first side and a second side opposite the first side, a top edge, a bottom edge distal to the top edge, a first side edge, and a second side edge distal to the first side edge; and
a ridge section coupled to the first side of the anchor section and extending away from the first side of the anchor section and connected to the first side in a direction from the top edge to the bottom edge,
wherein the ridge section comprises two or more lock openings, each lock opening sized for a shackle of a padlock used to lockout access to equipment, each lock opening of the two or more lock openings oriented perpendicular to the ridge section,
wherein the ridge section protrudes from the anchor section and comprises a thickness extending from where the ridge section connects to the anchor section to an outer edge of the ridge section sized to accommodate a spacing between two vertical portions of the shackle and less than a width of the anchor section (Fig 2) in a direction perpendicular to a direction that the ridge extends from the anchor section and perpendicular to a direction from the top edge to the bottom edge, wherein the outer edge of the ridge section is free from additional protrusions (Fig 1), and
wherein the anchor section further comprises a clip (71) and/or a magnet.
Examiner is interpreting the openings of Gravatt to be sized for a shackle of a padlock used to lockout access to equipment. Gravatt’s openings are sized for golf tee shafts which have an average width of 4.5 mm. Chang US 7052416 teaches “Most wood tees have a diameter of 4.5mm” col 6 lines 31-32]. Lockout padlock shackles come in sizes as small as 4.5 mm. Brojanac US 8408609 teaches a lockout shackle sized at 4 mm (Col 4 lines 18-22).
Claim language noted in italics set forth above and below in this office action are considered by the examiner to be intended use that fails to further limit the structure of the claimed invention. Since the claimed invention is directed solely to that of a lockout clip, the prior art must only be capable of performing the functional recitations in order to be applicable, and in the instant case, the examiner maintains that the openings 14 of Gravatt are capable of fitting a shackle of a padlock used to lockout access to equipment. Note that it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations.
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Regarding Claim 2, Gravatt discloses wherein the anchor section and the ridge section combined comprise a lockout section (annotated Fig 1) and wherein the clip further comprises a clip section (annotated Fig 1) and a coupling section (annotated Fig 1), the coupling section coupled to a top edge of the clip section and to the top edge of the lockout section, the coupling section shaped to maintain a gap (annotated Fig 1) between the clip section and the lockout section.
Regarding Claim 6, Gravatt discloses wherein the gap narrows in a direction away from the coupling section (Gravatt, Fig 1).
Regarding Claim 7, Gravatt discloses the invention except wherein the second side of the anchor section of the lockout section and/or a side of the clip section facing the gap comprise one or more protrusions that extend in a direction towards the gap (Gravatt, annotated Fig 1).
Regarding Claim 11, Gravatt discloses wherein the two or more lock openings are spaced along the ridge section in a direction from the top edge to the bottom edge (Fig 1).
Regarding Claim 13, Gravatt discloses wherein the two or more lock openings are spaced apart along a line (Fig 1).
Regarding Claim 14, Gravatt discloses wherein the first side of the anchor section extends past the ridge section in a horizontal direction between the first side edge and the second side edge (Fig 1).
Regarding Claim 15, Gravatt discloses a lockout clip comprising:
a lockout section (annotated Fig 1) comprising:
an anchor section (annotated Fig 1) comprising a first side and a second side opposite the first side, a top edge, a bottom edge distal to the top edge, a first side edge, and a second side edge distal to the first side edge; and
a ridge section (annotated Fig 1) coupled to the first side of the anchor section and extending away from the first side of the anchor section and connected to the first side in a direction from the top edge to the bottom edge,
wherein the ridge section comprises two or more lock openings (14, annotated Fig 1), each lock opening sized for a shackle of a padlock used to lockout access to equipment, each lock opening of the two or more lock openings oriented perpendicular to the ridge section;
a coupling section (annotated Fig 1); and
a clip section (71, annotated Fig 1), the coupling section coupled to a top edge of the clip section and to the top edge of the lockout section, the coupling section shaped to maintain a gap (annotated Fig 1) between the clip section and the lockout section.
wherein the anchor section further comprises a clip (71) and/or a magnet (annotated Fig 1-2).
Examiner is interpreting the openings of Gravatt to be sized for a shackle of a padlock used to lockout access to equipment. Gravatt’s openings are sized for golf tee shafts which have an average width of 4.5 mm. Chang US 7052416 teaches “Most wood tees have a diameter of 4.5mm” col 6 lines 31-32]. Lockout padlock shackles come in sizes as small as 4.5 mm. Brojanac US 8408609 teaches a lockout shackle sized at 4 mm (Col 4 lines 18-22).
Claim language noted in italics set forth above and below in this office action are considered by the examiner to be intended use that fails to further limit the structure of the claimed invention. Since the claimed invention is directed solely to that of a lockout clip, the prior art must only be capable of performing the functional recitations in order to be applicable, and in the instant case, the examiner maintains that the openings 14 of Gravatt are capable of fitting a shackle of a padlock used to lockout access to equipment. Note that it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations.
Regarding Claim 17, Gravatt discloses wherein the gap narrows in a direction away from the coupling section (Fig 1).
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.
Claims 3-5, 8, 16, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Gravatt US 3497676 in view of Sanabia US 20080109976.
Regarding Claim 3, Gravatt discloses the invention except wherein the coupling section provides a spring force configured to retain the clip section positioned with respect to the lockout section.
Sanabia discloses wherein the coupling section provides a spring force (Sanabia para 21, spring type) configured to retain the clip section positioned with respect to the lockout section.
It would have been obvious to one skilled in the art before the effective filing date of the invention to modify the clip of Gravatt to include a spring force to create a stronger retention of the device.
Regarding Claim 4, Gravatt in view of Sanabia discloses wherein the spring force is sufficient to retain an article within the gap (Sanabia Col 4 lines 2-4, “The legs 71 and 72 are engageable on the respective inner and outer sides of a user's belt”).
Regarding Claim 5, Gravatt in view of Sanabia discloses wherein the article comprises a belt, a pant, a strap, and/or an article with a pocket (Sanabia, Col 4 lines 2-4, “The legs 71 and 72 are engageable on the respective inner and outer sides of a user's belt”) and wherein a length of the gap is sized to fit over the belt, a portion of waistline of the pant, and/or a portion of a pocket of the article a sufficient amount to retain the article in the gap.
Regarding Claim 8, Gravatt discloses the invention except wherein the lockout clip comprises a ferromagnetic material.
Sanabia discloses wherein the lockout clip comprises a ferromagnetic material (Sanabia , para 11, “can also include a magnet”).
It would have been obvious to one skilled in the art before the effective filing date of the invention to modify the clip of Gravatt to include ferromagnetic material as taught by Sanabia to utilize a magnet and create a stronger retention of the device.
Regarding Claim 16, Gravatt discloses wherein the coupling section provides a spring force (spring type) configured to retain the clip section positioned with respect to the lockout section (Fig 1).
Sanabia discloses wherein the coupling section provides a spring force (Sanabia para 21, spring type) configured to retain the clip section positioned with respect to the lockout section.
It would have been obvious to one skilled in the art before the effective filing date of the invention to modify the clip of Gravatt to include a spring force to create a stronger retention of the device.
Regarding Claim 18, Gravatt discloses wherein:
the two or more lock openings are spaced along the ridge section in a direction from the top edge to the bottom edge (Fig 1);
the two or more lock openings are offset such that a top lock opening of the two or more lock openings closest to the top edge is spaced farthest from the first side and a bottom lock opening of the two or more lock openings closest to the bottom edge is spaced closest to the first side and any of the two or more lock openings between the top lock opening and the bottom lock opening have a distance to the first side less than the top lock opening and greater than the bottom lock opening; and/or
the two or more lock openings are spaced apart along a line (Fig 1).
Gravatt does not disclose wherein the lockout clip comprises a ferromagnetic material.
Sanabia discloses wherein the lockout clip comprises a ferromagnetic material (Sanabia, para 11, “can also include a magnet”)
It would have been obvious to one skilled in the art before the effective filing date of the invention to modify the clip of Gravatt to include ferromagnetic material as taught by Sanabia to utilize a magnet and create a stronger retention of the device.
Regarding Claim 19, Gravatt discloses a lockout clip comprising:
an anchor section (annotated Fig 1) comprising a first side and a second side opposite the first side, a top edge, a bottom edge distal to the top edge, a first side edge, and a second side edge distal to the first side edge;
a ridge section (annotated Fig 1) coupled to the first side of the anchor section and extending away from the first side of the anchor section and connected to the first side in a direction from the top edge to the bottom edge, wherein the ridge section comprises two or more lock openings (14, annotated Fig 1), each lock opening sized for a shackle of a padlock used to lockout access to equipment, each lock opening of the two or more lock openings oriented perpendicular to the ridge section;
wherein the ridge section protrudes from the anchor section and comprises a thickness extending from where the ridge section connects to the anchor section to an outer edge of the ridge section sized to accommodate a spacing between two vertical portions of the shackle and less than a width of the anchor section (Fig 2) in a direction perpendicular to a direction that the ridge extends from the anchor section and perpendicular to a direction from the top edge to the bottom edge, wherein the outer edge of the ridge section is free from additional protrusions (Fig 1), and
Examiner is interpreting the openings of Gravatt to be sized for a shackle of a padlock used to lockout access to equipment. Gravatt’s openings are sized for golf tee shafts which have an average width of 4.5 mm. Chang US 7052416 teaches “Most wood tees have a diameter of 4.5mm” col 6 lines 31-32]. Lockout padlock shackles come in sizes as small as 4.5 mm. Brojanac US 8408609 teaches a lockout shackle sized at 4 mm (Col 4 lines 18-22).
Claim language noted in italics set forth above and below in this office action are considered by the examiner to be intended use that fails to further limit the structure of the claimed invention. Since the claimed invention is directed solely to that of a lockout clip, the prior art must only be capable of performing the functional recitations in order to be applicable, and in the instant case, the examiner maintains that the openings 14 of Gravatt are capable of fitting a shackle of a padlock used to lockout access to equipment. Note that it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations.
Gravatt does not disclose wherein a magnet disposed within the second side of the anchor section.
Sanabia discloses wherein a magnet disposed within the second side of the anchor section (Sanabia para 11, “can also include a magnet or Velcro to allow the clip to hold on a metallic surface”).
It would have been obvious to one skilled in the art before the effective filing date of the invention to modify the clip of Gravatt to include a magnet as taught by Sanabia to utilize a magnet and create a stronger retention of the device.
Claims 9-10 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Gravatt US 3497676 in view of Sanabia US 20080109976 as applied to claims 8 and 18 above, and further in view of Laskin et al US 10874200.
Regarding Claim 9, Gravatt in view of Sanabia discloses the invention except wherein the lockout clip comprises a non-metallic material with the ferromagnetic material spread throughout the non-metallic material.
Laskin et al US 10874200 discloses a non-metallic material (Laskin et al, plastic) with the ferromagnet material (Laskin et al, magnetic material 42) spread throughout the non-metallic material (Laskin et al, Fig 3-8)
It would have been obvious to one skilled in the art before the effective filing date of the invention to modify the clip of Gravatt in view of Sanabia to include a non-metallic material with the ferromagnetic material spread throughout as disclosed by Laskin et al to allow the holder to be placed in convenient locations while still being readily removable.
Regarding Claim 10, Gravatt in view Sanabia and Laskin et al discloses wherein the non-metallic material with the ferromagnetic material is a material suitable for a three-dimensional (“3D”) printer and/or injection molding (Laskin et al, molded plastic).
Regarding Claim 20, Gravatt in view of Sanabia discloses wherein the magnet comprises an outer side facing away from the anchor section, the outer side configured to be flush with the second side of the anchor section.
Laskin et al. discloses wherein the magnet (Laskin et al 42) comprises an outer side facing away from the anchor section, the outer side configured to be flush with the second side (Laskin et al 32) of the anchor section.
It would have been obvious to one skilled in the art before the effective filing date of the invention to modify the magnet of Gravatt in view of Sanabia to be flush with the second side of the anchor section as taught by Laskin et al to avoid interferences when attaching the clip to something.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANNA SALEM RASHID whose telephone number is (703)756-1113. The examiner can normally be reached M-F 10:00 - 6:00.
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, Jason San can be reached at (571) 272-6531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANNA S RASHID/Examiner, Art Unit 3677
/JASON W SAN/SPE, Art Unit 3677
