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
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 7 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 7 recites the limitation "the second side of the lockout section" in line 1. There is insufficient antecedent basis for this limitation in the claim.
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 1-11 and 13-19 are rejected under 35 U.S.C. 103 as being unpatentable over Sanabia US 20080109976.
Regarding Claim 1, Sanabia discloses a lockout clip comprising:
an anchor section (Annotated Fig 3) 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 3) 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 (22, annotated Fig 3), 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, and
wherein the anchor section further comprises a clip (21) and/or a magnet (para 11, “can also include a magnet or Velcro to allow the clip to hold on a metallic surface”) (Fig 3).
Examiner is interpreting the openings of Sanabia to be sized for a shackle of a padlock used to lockout access to equipment. Sanabia’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 22 of Sanabia 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, Sanabia discloses wherein the anchor section and the ridge section combined comprise a lockout section (annotated Fig 3) and wherein the clip further comprises a clip section (21) and a coupling section (annotated Fig 3), 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 3) between the clip section and the lockout section.
Regarding Claim 3, Sanabia discloses wherein the coupling section provides a spring force (spring type) configured to retain the clip section positioned with respect to the lockout section.
Regarding Claim 4, Sanabia discloses wherein the spring force is sufficient to retain an article within the gap (Fig 1).
Regarding Claim 5, Sanabia discloses wherein the article comprises a belt, a pant, a strap, and/or an article with a pocket (100) 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 (Fig 1).
Regarding Claim 6, Sanabia discloses wherein the gap narrows in a direction away from the coupling section (Fig 3).
Regarding Claim 7, as best understood, Sanabia discloses wherein the second side of the lockout section and/or a side of the clip section facing the gap comprise one or more protrusions (24, 25) that extend in a direction towards the gap.
Regarding Claim 8, Sanabia discloses wherein the lockout clip comprises a ferromagnetic material (para 11, “can also include a magnet”).
Regarding Claim 11, Sanabia 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 3).
Regarding Claim 13, Sanabia discloses wherein the two or more lock openings are spaced apart along a line (Fig 3).
Regarding Claim 14, Sanabia 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, Sanabia discloses A lockout clip comprising:
a lockout section (annotated Fig 3) comprising:
an anchor section (annotated Fig 3) 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 3) 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 (22, annotated Fig 3), 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 3); and
a clip section (21, annotated Fig 3), 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 3) between the clip section and the lockout section.
Examiner is interpreting the openings of Sanabia to be sized for a shackle of a padlock used to lockout access to equipment. Sanabia’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 22 of Sanabia 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 16, Sanabia 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).
Regarding Claim 17, Sanabia discloses wherein the gap narrows in a direction away from the coupling section (Fig 3).
Regarding Claim 18, Sanabia discloses wherein:
the lockout clip comprises a ferromagnetic material (para 11, “can also include a magnet”);
the two or more lock openings are spaced along the ridge section in a direction from the top edge to the bottom edge (Fig 3);
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 3).
Regarding Claim 19, Sanabia discloses a lockout clip comprising:
an anchor section (annotated Fig 3) 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 3) 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 (22, annotated Fig 3), 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; and
a magnet disposed within the second side of the anchor section (para 11, “can also include a magnet or Velcro to allow the clip to hold on a metallic surface”).
Examiner is interpreting the openings of Sanabia to be sized for a shackle of a padlock used to lockout access to equipment. Sanabia’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 22 of Sanabia 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.
Claims 9-10 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Sanabia US 20080109976 in view of Laskin et al US 10874200.
Regarding Claim 9, 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 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, Sanabia in view of 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, 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 (Lasking 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 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.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Sanabia US 20080109976 in view of Petren US 10517416.
Regarding Claim 12, Sanabia discloses the invention except wherein 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.
Petren discloses wherein the two or more lock openings are offset such that a top lock opening (Petren, 26) of the two or more lock openings closest to the top edge is spaced farthest from the first side (Petren, 10) and a bottom lock opening (Petren, 28) 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 (Petren, 27) 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 (Petren, Fig 6A)
It would have been obvious to one skilled in the art before the effective filing date of the invention to modify the lock openings of San to be offset as taught by Petren so anything hanging would not touch or lay on top of one another (Petren Col 10 lines 30-38).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Hoyt et al US 5433436 discloses a clip with openings for holding articles. Cantwell discloses a clip with openings for holding articles.
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