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 (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.
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 1-13, and 15-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent #11,945,537 to Bouska (Bouska) or, in the alternative, under 35 U.S.C. 103 as obvious over U.S. Patent #11,945,537 to Bouska (Bouska), either alone or also in view of U.S. Patent #5,950,498 to Gossett (Gossett).
With Respect to Claim 1
Bouska discloses a tool with an interference-fit structure, comprising: a main body (11-13, FIG. 5 or alternately 2 and 8-9, FIGS. 1-2) formed as an elongated body and having an end defined as a connecting end (noting end including 13 or 8-9); an adjustment member (7 in combination with 10) connected to the connecting end (see, e.g. FIG. 5 or 2), an adjustable distance is formed between the connecting end of the main body and the adjustment member (adjustable via screw threads), the adjustment member being movable with respect to the connecting end to adjust the adjustable distance (via rotation and screw threads on 7 and 13 or 8); and an interference-fit member (6) formed of a soft and deformable material (e.g. silicone or rubber are disclosed) and provided between the adjustment member and the connecting end, the interference-fit member has an outer diameter that is changeable by changing the adjustable distance (Col. 6 lines 60-65).
Alternately, although Examiner maintains the position that 7 in combination with 10 is an adjustment member, to the degree that it could be argued that the term “member” should be narrowly interpreted to require a single monolithically formed part and so not encompass two relatively movable parts such as 7 and 10, Bouska discloses no particular benefit or requirement for the use of a separate washer, and so it would have been obvious to one of ordinary skill in the art before the filing date of this application to form the screw and washer as a single part, as doing so constitutes at most merely making integral which does not patentably distinguish over the prior art (MPEP 2144.04).
Alternately, Gossett discloses forming a similar handlebar mounted interior tool/storage apparatus with a similar main body, adjustment member, and interference fit member, and multiple embodiments including embodiments having a separate structure between the screw and the interference fit member (see, e.g. FIGS. 1-2 or FIG. 6) and other embodiments where the adjustment member directly contacts the interference fit member (see, e.g. FIGS. 10-12), indicating that a single adjustment part structure is an art known substitute for a two part structure, which provides further motivation for and/or evidence of the obviousness of integrally/monolithically forming the screw 7 and washer 10, i.e. replacing the two part structure with a single part.
With Respect to Claim 2
The tool as claimed in claim 1, wherein an abutting surface (noting surface of 13/8 abutting 6) is formed on an end face of the connecting end of the main body, the adjustment member (7 in combination with 10) has an end face (face abutting 6) facing the main body and forming a contact surface (surface of 10 abutting 6), the adjustable distance is formed between the abutting surface and the contact surface, and the interference-fit member is located between and pressed by the abutting surface and the contact surface (see, e.g. FIG. 5).
With Respect to Claim 3
The tool as claimed in claim 1, wherein one end of the main body (noting 13/8) is threadedly connected with the adjustment member (7 in combination with 10, see FIG. 5), the adjustable distance is adjustable by rotating the adjustment member, and the interference-fit member is pressed by the main body and the adjustment member (FIG. 5 and Col. 6 lines 60-65).
With Respect to Claim 4
The tool as claimed in claim 3, wherein the connecting end of the main body has an end face (end of 13/8 opposite 12/2) forming an abutting surface, the adjustment member (7 in combination with 10) has an end face facing the main body and forming a contact surface, the adjustable distance is formed between the abutting surface and the contact surface, and the interference-fit member is located between and pressed by the abutting surface and the contact surface (see, e.g. FIG. 5 and Col. 6 lines 60-65).
With Respect to Claim 5
The tool as claimed in claim 1, wherein the adjustment member has an end provided with a threaded rod (exterior threaded portion of 7, FIG. 5), the connecting end of the main body is provided with a threaded hole (interior threaded opening of 13/8), the threaded rod of the adjustment member is threadedly connected with the threaded hole, the adjustable distance is adjustable by rotating the adjustment member, the interference-fit member is pressed by the main body and the adjustment member, the interference-fit member is of an annular shape, and the threaded rod extends through the interference-fit member (FIG. 5 and Col. 6 lines 60-65).
With Respect to Claim 6
The tool as claimed in claim 1, wherein the connecting end of the main body is provided with a first protruding block (noting protruding portion of 13/8 which 6 engages/surrounds), the adjustment member (7 in combination with 10) has an end face facing the main body and provided with a second protruding block (noting protruding portion of 10 that 6 engages/surrounds), and the interference-fit member (6) is disposed on the first protruding block and the second protruding block (FIG. 5).
With Respect to Claim 7
The tool as claimed in claim 2, wherein the connecting end of the main body is provided with a first protruding block (noting protruding portion of 13/8 which 6 engages/surrounds), the adjustment member (7 in combination with 10) has an end face facing the main body and provided with a second protruding block (noting protruding portion of 10 that 6 engages/surrounds), and the interference-fit member (6) is disposed on the first protruding block and the second protruding block (FIG. 5).
With Respect to Claim 8
The tool as claimed in claim 1, wherein the interference-fit member is of an annular shape and has an outer periphery provided with an interference-fit portion (FIG. 5 and Col. 6 lines 60-65).
With Respect to Claim 9
The tool as claimed in claim 8, wherein the interference-fit portion is a curved surface (noting that it is cylindrical and therefore is a rounded/curved outer surface).
Alternately, although Examiner maintains the position that the current claim language is met by the cylindrical/curved interference-fit portion, it would have been obvious to one of ordinary skill in the art before the filing date of this application to form the interference-fit portion with a curved surface tapering in the direction of the central axis of the tube, as a mere selection of an art appropriate shape or at most a mere change in shape which does not patentably distinguish over the prior art (MPEP 2144.04).
Alternately, Gossett discloses forming a similar tubular interference-fit portion that has a curved outer surface extending along the direction of the central axis of the tube (FIGS. 6-7), and that this is a substitute/alternative to an interference-fit portion having a cylindrical outer surface of equal outer diameter which does not curve in this fashion (see, e.g. FIG. 1), which provides additional motivation for and/or evidence of the obviousness of forming the interference-fit portion of Bouska with this shape.
With Respect to Claim 10
The tool as claimed in claim 6, wherein the interference-fit member is of an annular shape and is sleeved on the first protruding block and the second protruding block (FIG. 5).
With Respect to Claim 11
The tool as claimed in claim 3, wherein the adjustment member has a rotating portion (largest diameter portion of 7, located opposite the end having the screw threads), and the rotating portion has a diameter greater than an outer diameter of the main body (FIG. 5).
With Respect to Claim 12
The tool as claimed in claim 1, wherein the main body is provided therein with a receiving chamber (see, e.g. FIG. 5 and description).
With Respect to Claim 13
The tool as claimed in claim 5, and as to the FIG. 2 embodiment wherein the main body is provided therein with a receiving chamber; the threaded hole has an inner end in communication with the receiving chamber (FIG. 2 shows the threaded opening of 8 extending entirely therethrough and 9 also includes an opening as does the end of 2 which attaches to 8/9, and so the inner end of the threaded hole is in communication with the receiving chamber).
Alternately, as to the FIG. 5 embodiment, Bouska discloses forming another similar plug with an interference fit portion (6) in which the threaded hole has an inner end extending entirely through the plug (see, e.g. FIG. 2), and does not disclose any particular reason for the nut/plug of FIG. 5 to not have the threaded hole extend entirely through the nut (13), or Gossett discloses forming a similar plug/nut including an opening in communication with the receiving chamber (see, e.g. FIG. 7 or 10-14) as an alternative to ; either the disclosure of Bouska’s FIG. 2 embodiment or Gossett provides additional motivation for and/or evidence of the obviousness of having the threaded opening extend entirely through the nut (13) which will have its inner end in communication with the receiving chamber.
With Respect to Claim 15
The tool as claimed in claim 2, wherein the end face of the adjustment member that faces the main body is protrudingly provided with a ring portion, and the ring portion has an end face forming the abutting surface (FIG. 5).
With Respect to Claim 16
The tool as claimed in claim 15, wherein the ring portion has an outer diameter equivalent to an outer diameter of the main body (FIG. 5 shows them as substantially the same size, or to the degree there may be some slight difference in diameter and/or the drawings may not be to scale, making them the same size would be obvious as a mere selection of an art appropriate size or at most a mere change in size/proportion which does not patentably distinguish over the prior art (MPEP 2144.04(IV)(A))).
With Respect to Claim 17
The tool as claimed in claim 15, wherein a washer (10) is provided on the end face of the adjustment member, the contact surface and the ring portion are formed by the washer (FIG. 5).
Claim 14 is rejected under 35 U.S.C. 103 as obvious over U.S. Patent #11,945,537 to Bouska (Bouska) in view of U.S. Patent #5,950,498 to Gossett (Gossett).
With Respect to Claim 14
The tool as claimed in claim 13, but does not disclose wherein the receiving chamber forms an open end at another end of the main body, and an end cover is detachably mounted at the open end of the main body.
However, Gossett discloses forming a similar tool having a receiving chamber (2) and an adjustment member (7) and interference-fit member (3/13), wherein the receiving chamber forms an open end at another end of the main body, and an end cover (15) is detachably mounted at the open end of the main body, in order to allow for opening the container and removing items from that end.
It would have been obvious to one of ordinary skill in the art before the filing date of this application, given the disclosure of Gossett, to form the receiving chamber (11/12) of Bouska with a removable end cap (e.g. 15) at the end of the main body opposite the adjustment member, in order to allow for opening that end to remove the contents from that end (e.g. to access items stored on that side without having to remove items located on the opposite side), and/or as doing so constitutes at most merely making separable which does not patentably distinguish over the prior art (MPEP 2144.04).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM J WAGGENSPACK whose telephone number is (571)270-7418. The examiner can normally be reached M-F 8:30-4:30.
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, Nathan Newhouse can be reached at (571)272-4544. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ADAM J WAGGENSPACK/Primary Examiner, Art Unit 3734
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