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
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(s) 1-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yanagisawa et al (U.S. Patent No. 5,560,506), hereinafter “Yanagisawa”.
With respect to Claim 1, Yanagisawa, Figures 11-17, teaches a handle assembly 2 configured to be coupled to a container 12 having an attachment surface, the handle assembly comprising:
an elongated grip portion 23 extending from a first end to second end and comprising outer and inner generally parallel grip surfaces (See Figure 12 on Page 3 of the Office Action); and
a center spine wall between and generally normal to the outer and inner grip surfaces, joining said surfaces to form an I-beam construction (See Figure 12 on Page 3 of the Office Action),
wherein the center spine wall has a thickness along the length of the elongated grip portion that is thinner (See Figure 17 on Page 3 of the Office Action) in a center section of the grip portion and thicker at the first and second ends (See Figures 12 and 16 on Page 3 of the Office Action).
[AltContent: textbox (Legs)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Thicker portion)][AltContent: textbox (Thin portion)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Outer
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With respect to Claim 2, Yanagisawa further teaches further comprising one or more legs (See Figure 12 on Page 3 of the Office Action) extending from the grip portion, each of the one or more legs having a grip end and a foot end opposite the grip end.
With respect to Claim 3, Yanagisawa further teaches further comprising a foot 26 attached to each foot end.
With respect to Claim 4, Yanagisawa further teaches wherein the container 12 comprises fluid container.
With respect to Claim 5, Yanagisawa further teaches wherein the grip portion, when the handle assembly is coupled to the container, comprises an outer surface facing outwardly away from the container and an inner surface facing inwardly toward the container.
With respect to Claim 6, Yanagisawa further teaches further comprising at least one leg extending from each of the first and second ends of the grip portion.
With respect to Claim 7, Yanagisawa further teaches wherein each of the legs has a grip end and a foot end opposite the grip end.
With respect to Claim 8, Yanagisawa further teaches wherein a foot is attached to each foot end.
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) 9 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yanagisawa as applied to Claims 1-8 above, and further in view of Kelly et al (U.S. Patent No. D847,627), hereinafter “Kelly”.
With respect to Claim 9, Yanagisawa is advanced above.
Yanagisawa teaches all the elements of the handle assembly except for wherein the center spine wall comprises a plurality of spaced openings.
However, Kelly, Figure 2, teaches the center spine wall comprises a plurality of spaced openings (See Figure 2 on Page 4 of the Office Action).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide Yanagisawa with openings, as taught by Kelly, for the purpose of making the handle assembly lighter in weight.
With respect to Claim 11, Kelly further teaches wherein a transition region between the elongated grip portion and the legs is provided with reinforcing ribs (See Figure 2 on Page 4 of the Office Action) that minimize pockets, voids, and concavities in the surface of the handle.
Allowable Subject Matter
Claim 10 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for allowance:
Claim 10 is allowable over the prior art of record because the prior art of record does not teach or suggest the entire combination of elements of the handle assembly set forth including wherein the center spine wall transitions from a thinner thickness in center section at a bevel where the elongated grip portion transitions to the legs.
None of the references of the prior art teach or suggest wherein the center spine wall transitions from a thinner thickness in center section at a bevel where the elongated grip portion transitions to the legs as advanced above and such do not provide the necessary motivation, absent applicant's specification, for modifying the handle assembly in the manner required by the claims.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
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 WILLIAM ARAUZ RIVERA whose telephone number is (571)272-6953. The examiner can normally be reached Monday to Friday 9:00 AM to 8:00 PM MDT.
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, Victoria P. Augustine can be reached at 313-446-4858. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WILLIAM A. RIVERA/Primary Examiner, Art Unit 3654
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