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 Objections
Claim 18 objected to because of the following informalities: “accessor” should likely be “accessory”. Appropriate correction is required.
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(s) 1, 4, and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Munoz (US 2023/0356366 A1) in view of Avinger (US 2003/0182766 A1).
Regarding claim 1, Munoz discloses a finger grip accessory (Fig. 1), comprising: a U-shaped finger grip portion having opposing finger rings (108/110) on opposing legs of the U-shaped finger grip portion; and an aperture (112) for receiving a fastener (such as a key chain, Paragraph 0029).
Munoz does not specifically disclose a flexible beaded strap member coupled to the U-shaped finger grip portion, the strap member including a feed-through member at a distal end of the strap member, an aperture at an intermediate position of the strap member, and a plurality of beads disbursed along the length of the strap member; wherein the feed-through member and each bead in the plurality of beads of the strap member have a diameter larger than the diameter of the aperture.
Avinger teaches a coupling fastener including a flexible beaded strap member capable of being coupled to a U-shaped finger grip portion, the strap member including a feed-through member (20/22) at a distal end of the strap member, an aperture at an intermediate position (50 or 36) of the strap member, and a plurality of beads (26) disbursed along the length of the strap member; wherein the feed-through member and each bead in the plurality of beads of the strap member have a diameter larger than the diameter of the aperture (noting apertures 50, and/or the smaller opening 36 and restriction zone 38. Paragraph 0018).
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the device of Munoz and use the teaching of Avinger and include a similar beaded strap member to attach to the device and further attach the device to a support structure. Such a change would allow for adjustable attachment to a support structure as well as additional attachment methods, thereby increasing the versatility of the device.
Regarding claim 4, modified Munoz and specifically Avinger discloses the feed-through member (22), plurality of beads (26), and aperture (36) are arranged and structurally capable of enabling adjustable length attachments to any one among a leash, a leash loop handle, a carabiner on a leash, a handbag strap, a work pushcart, a shopping cart handle, a key ring, a key ring with a grocery shopping cart token, a produce bag stand display, or a cashier station.
Regarding claim 9, modified Munoz discloses the finger ring loops (108/110) are arranged and constructed of flexible silicone (Paragraph 0008) material allowing a one-size fits all configuration to the degree disclosed.
Claim(s) 2-3 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Munoz (US 2023/0356366 A1) in view of Avinger (US 2003/0182766 A1) as applied to claim 1 above, and further in view of Hartshorn (US 5,673,829 A).
Regarding claim 2, modified Munoz does not specifically disclose the U-shaped finger grip portion and the flexible beaded strap member are integrally coupled.
Hartshorn demonstrates a device including an integrally coupled beaded strap (16).
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the modified device of Munoz and use the teaching of Hartshorn and make the U-shaped finger grip and the flexible beaded strap integrally coupled because such a change would require a mere choice of making the portions integral. it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art. In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965).
Regarding claim 3 and 5, modified Munoz discloses the U-shaped finger grip portion is formed from silicone (Paragraph 0008) and the finger grip and flexible strap are formed integrally (noting the teaching of Hartshorn). To the degree that Munoz does not specifically disclose the flexible beaded strap is formed from silicone material, such a change would have required a mere choice of a known suitable material in the art. It is noted that Silicone is considered a dishwasher safe material to the degree disclosed.
Claim(s) 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Munoz (US 2023/0356366 A1) in view of Avinger (US 2003/0182766 A1) as applied to claim 1 above, and further in view of Bevier (US 2009/0139010 A1).
Regarding claims 6-7. Modified Munoz does not specifically disclose the U-shaped finger grip portion further includes textured features on at least opposing inner leg portions of the U-shaped finger grip portion, or the textured features are cross-member features configured for easier opening of a plastic bag in any direction.
Bevier demonstrates a hand protecting device including finger portions whereby the finger grip portions include textured features, the textured features are cross-member features (Fig. 4, 155) capable of enhancing the grip between the finger portions and an object.
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the modified device of Munoz and include textured portions in the form of cross member features in order to improve grip as demonstrated by Bevier (Paragraph 0002).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Munoz (US 2023/0356366 A1) in view of Avinger (US 2003/0182766 A1) as applied to claim 1 above, and further in view of Deleo (CA 2136282 C).
Regarding claim 8, modified Munoz does not specifically disclose the U-shaped finger grip portion further includes textured features on inner and outer surfaces of opposing leg portions of the U-shaped finger grip portion.
Deleo teaches the ability to have a hand/finger protecting device in the form of a glove whereby the finger portions include textured features on inner (28) and outer surfaces (26) thereof to improve grip between the glove and a finger, and the glove and an object.
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the modified device of Munoz and include textured features on inner and outer surfaces of opposing leg portions in order to improve grip to the surfaces thereof as demonstrated by Deleo.
Claim(s) 10, 13, and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Munoz (US 2023/0356366 A1) in view of Avinger (US 2003/0182766 A1) and Bevier (US 2009/0139010 A1).
Regarding claims 10 and 15, Munoz discloses a finger grip accessory (Fig. 1) for gripping and opening plastic bags, comprising: a U-shaped finger grip portion having opposing finger rings (108/110) on opposing legs of the U-shaped finger grip portion; and an aperture (112) for receiving a fastener (such as a key chain, Paragraph 0029).
Munoz does not specifically disclose a flexible beaded strap member coupled to the U-shaped finger grip portion, the strap member including a feed-through member at a distal end of the strap member, an aperture at an intermediate position of the strap member, and a plurality of embedded beads disbursed along the length of the strap member; wherein the feed-through member and each bead in the plurality of embedded beads of the strap member have a diameter larger than the diameter of the aperture.
Avinger teaches a coupling fastener including a flexible beaded strap member capable of being coupled to a U-shaped finger grip portion, the strap member including a feed-through member (20/22) at a distal end of the strap member, an aperture at an intermediate position (50 or 36) of the strap member, and a plurality of embedded beads (26) disbursed along the length of the strap member; wherein the feed-through member and each bead in the plurality of beads of the strap member have a diameter larger than the diameter of the aperture (noting apertures 50, and/or the smaller opening 36 and restriction zone 38. Paragraph 0018).
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the device of Munoz and use the teaching of Avinger and include a similar beaded strap member to attach to the device and further attach the device to a support structure. Such a change would allow for adjustable attachment to a support structure as well as additional attachment methods, thereby increasing the versatility of the device.
Modified Munoz does not specifically disclose textured features on at least opposing inner leg portions of the U-shaped finger grip portion, the textured features are cross-member features configured for easier opening of a plastic bag in any direction.
Bevier demonstrates a hand protecting device including finger portions whereby the finger grip portions include textured features, the textured features are cross-member features (Fig. 4, 155) capable of enhancing the grip between the finger portions and an object.
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the modified device of Munoz and include textured portions in the form of cross member features in order to improve grip as demonstrated by Bevier (Paragraph 0002).
Regarding claim 13, modified Munoz and specifically Avinger discloses the feed-through member (22), plurality of beads (26), and aperture (36) are arranged and structurally capable of enabling adjustable length attachments to any one among a leash, a leash loop handle, a carabiner on a leash, a handbag strap, a work pushcart, a shopping cart handle, a key ring, a key ring with a grocery shopping cart token, a produce bag stand display, or a cashier station.
Claim(s) 11-12 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Munoz (US 2023/0356366 A1) in view of Avinger (US 2003/0182766 A1) and Bevier (US 2009/0139010 A1) as applied to claim 10 above, and further in view of Hartshorn (US 5,673,829 A).
Regarding claim 11, modified Munoz does not specifically disclose the U-shaped finger grip portion and the flexible beaded strap member are integrally coupled.
Hartshorn demonstrates a device including an integrally coupled beaded strap (16).
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the modified device of Munoz and use the teaching of Hartshorn and make the U-shaped finger grip and the flexible beaded strap integrally coupled because such a change would require a mere choice of making the portions integral. it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art. In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965).
Regarding claim 12 and 14, modified Munoz discloses the U-shaped finger grip portion is formed from silicone (Paragraph 0008) and the finger grip and flexible strap are formed integrally (noting the teaching of Hartshorn). To the degree that Munoz does not specifically disclose the flexible beaded strap is formed from silicone material, such a change would have required a mere choice of a known suitable material in the art. It is noted that Silicone is considered a dishwasher safe material to the degree disclosed.
Claim(s) 10, 13, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Munoz (US 2023/0356366 A1) in view of Avinger (US 2003/0182766 A1) and Deleo (CA 2136282 C).
Regarding claims 10 and 16, Munoz discloses a finger grip accessory (Fig. 1) for gripping and opening plastic bags, comprising: a U-shaped finger grip portion having opposing finger rings (108/110) on opposing legs of the U-shaped finger grip portion; and an aperture (112) for receiving a fastener (such as a key chain, Paragraph 0029).
Munoz does not specifically disclose a flexible beaded strap member coupled to the U-shaped finger grip portion, the strap member including a feed-through member at a distal end of the strap member, an aperture at an intermediate position of the strap member, and a plurality of embedded beads disbursed along the length of the strap member; wherein the feed-through member and each bead in the plurality of embedded beads of the strap member have a diameter larger than the diameter of the aperture.
Avinger teaches a coupling fastener including a flexible beaded strap member capable of being coupled to a U-shaped finger grip portion, the strap member including a feed-through member (20/22) at a distal end of the strap member, an aperture at an intermediate position (50 or 36) of the strap member, and a plurality of embedded beads (26) disbursed along the length of the strap member; wherein the feed-through member and each bead in the plurality of beads of the strap member have a diameter larger than the diameter of the aperture (noting apertures 50, and/or the smaller opening 36 and restriction zone 38. Paragraph 0018).
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the device of Munoz and use the teaching of Avinger and include a similar beaded strap member to attach to the device and further attach the device to a support structure. Such a change would allow for adjustable attachment to a support structure as well as additional attachment methods, thereby increasing the versatility of the device.
Modified Munoz does not specifically disclose the U-shaped finger grip portion further includes textured features on inner and outer surfaces of opposing leg portions of the U-shaped finger grip portion.
Deleo teaches the ability to have a hand/finger protecting device in the form of a glove whereby the finger portions include textured features on inner (28) and outer surfaces (26) thereof to improve grip between the glove and a finger, and the glove and an object.
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the modified device of Munoz and include textured features on inner and outer surfaces of opposing leg portions in order to improve grip to the surfaces thereof as demonstrated by Deleo.
Regarding claim 13, modified Munoz and specifically Avinger discloses the feed-through member (22), plurality of beads (26), and aperture (36) are arranged and structurally capable of enabling adjustable length attachments to any one among a leash, a leash loop handle, a carabiner on a leash, a handbag strap, a work pushcart, a shopping cart handle, a key ring, a key ring with a grocery shopping cart token, a produce bag stand display, or a cashier station.
Claim(s) 11-12 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Munoz (US 2023/0356366 A1) in view of Avinger (US 2003/0182766 A1) and Deleo (CA 2136282 C) as applied to claim 10 above, and further in view of Hartshorn (US 5,673,829 A).
Regarding claim 11, modified Munoz does not specifically disclose the U-shaped finger grip portion and the flexible beaded strap member are integrally coupled.
Hartshorn demonstrates a device including an integrally coupled beaded strap (16).
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the modified device of Munoz and use the teaching of Hartshorn and make the U-shaped finger grip and the flexible beaded strap integrally coupled because such a change would require a mere choice of making the portions integral. it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art. In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965).
Regarding claim 12 and 14, modified Munoz discloses the U-shaped finger grip portion is formed from silicone (Paragraph 0008) and the finger grip and flexible strap are formed integrally (noting the teaching of Hartshorn). To the degree that Munoz does not specifically disclose the flexible beaded strap is formed from silicone material, such a change would have required a mere choice of a known suitable material in the art. It is noted that Silicone is considered a dishwasher safe material to the degree disclosed.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Munoz (US 2023/0356366 A1) in view of Ivany (US 10,441,009 B1).
Regarding claim 17, Munoz discloses a finger grip accessory for gripping and opening plastic bags (Fig. 6), comprising: a unitary silicone part (Paragraphs 0008-0009), comprising: a U-shaped finger grip portion having opposing legs (Figs. 3 and 5); and flexible finger rings (108/110) on each of the opposing legs of the U-shaped finger grip portion.
To the degree that Munoz does not specifically disclose the device is molded, Ivany teaches the ability to make a finger protector by molding (Col. 4; Ll. 1-3).
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the device of Munoz and use the teaching of Ivany and form it by molding because such a change would have required a known suitable manufacturing method and would have yielded predictable results.
Claim(s) 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Munoz (US 2023/0356366 A1) in view of Ivany (US 10,441,009 B1) as applied to claim 17 above, and further in view of Avinger (US 2003/0182766 A1) and Bevier (US 2009/0139010 A1).
Regarding claims 18 and 20, Munoz discloses a finger grip accessory (Fig. 1) for gripping and opening plastic bags, comprising: a U-shaped finger grip portion having opposing finger rings (108/110) on opposing legs of the U-shaped finger grip portion; and an aperture (112) for receiving a fastener (such as a key chain, Paragraph 0029).
Munoz does not specifically disclose a flexible beaded strap member coupled to the U-shaped finger grip portion, the strap member including a tapered feed-through member at a distal end of the strap member, an aperture at an intermediate position of the strap member, and a plurality of embedded beads disbursed along the length of the strap member; wherein the feed-through member and each bead in the plurality of embedded beads of the strap member have a diameter larger than the diameter of the aperture.
Avinger teaches a coupling fastener including a flexible beaded strap member capable of being coupled to a U-shaped finger grip portion, the strap member including a tapered feed-through member (20/22, noting the distal most end portion is smaller than the inboard portion of 20/22) at a distal end of the strap member, an aperture at an intermediate position (50 or 36) of the strap member, and a plurality of embedded beads (26) disbursed along the length of the strap member; wherein the feed-through member and each bead in the plurality of beads of the strap member have a diameter larger than the diameter of the aperture (noting apertures 50, and/or the smaller opening 36 and restriction zone 38. Paragraph 0018).
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the device of Munoz and use the teaching of Avinger and include a similar beaded strap member to attach to the device and further attach the device to a support structure. Such a change would allow for adjustable attachment to a support structure as well as additional attachment methods, thereby increasing the versatility of the device.
Modified Munoz does not specifically disclose textured features on at least opposing inner leg portions of the U-shaped finger grip portion, the textured features are cross-member features configured for easier opening of a plastic bag in any direction.
Bevier demonstrates a hand protecting device including finger portions whereby the finger grip portions include textured features, the textured features are cross-member features (Fig. 4, 155) capable of enhancing the grip between the finger portions and an object.
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the modified device of Munoz and include textured portions in the form of cross member features in order to improve grip as demonstrated by Bevier (Paragraph 0002).
Regarding claim 19, modified Munoz and specifically Avinger discloses the feed-through member (22), plurality of beads (26), and aperture (36) are arranged and structurally capable of enabling adjustable length attachments to any one among a leash, a leash loop handle, a carabiner on a leash, a handbag strap, a work pushcart, a shopping cart handle, a key ring, a key ring with a grocery shopping cart token, a produce bag stand display, or a cashier station.
Conclusion
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/M.T.T./ Examiner, Art Unit 3734
/NATHAN J NEWHOUSE/ Supervisory Patent Examiner, Art Unit 3734
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