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 .
Status of the Application
Claims 1-7, and 9-21 have been examined in this application. Claim 8 is not present in the claim set and is considered canceled. Claims 22-25 have been withdrawn with respect to Applicant’s election (see below). This communication is the first action on merits. The Information Disclosure Statement (IDS) filed on 05/12/2026 and have been acknowledged by the office.
Election/Restrictions
Applicant’s election without traverse of Group I, Claims 1-7 and 9-21 in the reply filed on 05/12/2025 is acknowledged.
Claim Objections
Claim(s) 1and 7 is/are objected to because of the following informalities:
Regarding 1, “wherein said fins” should read “wherein said plurality of fins”.
“wherein a first segment is a first one of said spaced-apart segments” should read “wherein the first series of spaced-apart segments comprises a first segment”.
“a first fin is a first one of said fins” should read “wherein a plurality of fins comprises a first fin”.
“a second fin is a second one of said fins” should read “wherein a plurality of fins comprises a second fin”.
Regarding 7, “wherein each of said nibs supports” should read “wherein each of said nibs support[[s]] one of said”.
“of said segments at a fulcrum” should read “of said plurality of segments”.
Appropriate correction is required.
The examiner notes the following objections are examples of issues present throughout the original disclosure. It is incumbent upon applicant to review the original disclosure in its entirety to correct the issues identified in the following objections as well as all similar issues.
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) 1-7, 9-14, and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Al Najjar (US10449677B1).
Regarding claim 1,
Al Najjar teaches A grasping member device for use in a lifting apparatus comprising, said device comprises: a flexible bottom panel extending longitudinally from a proximal end to a distal end (Al Najjar: FIG. 1A [Col. 3 36] bending member 40); a plurality of fins extending upwardly from said flexible bottom panel (Al Najjar: FIG. 1 [Col. 3 36-37] bending member 40 through an intermediate member 30); wherein said fins are longitudinally spaced apart (Al Najjar: FIG. 1 [Col. 3 41] support elements 42 attached to the sides of the bending member 40 along its length 42); a first series of spaced-apart segments connected to said fins (Al Najjar: FIG. 1 [Col. 3 41] support elements 42 attached to the sides of the bending member 40 along its length 42); wherein a first segment is a first one of said spaced-apart segments (Al Najjar: FIG. 1 [Col. 3 46] support members 42 attached to opposing sides), a second segment is a second one of said spaced-apart segments (Al Najjar: FIG. 1 [Col. 3 46] support members 42 attached to opposing sides), a first fin is a first one of said fins, and a second fin is a second one of said fins (Al Najjar: FIG. 2 [Col. 3 44-45] bending member 40 is a corrugated, flexible belt having a rectangular shape); wherein said first segment extends longitudinally from said first fin apart from said flexible bottom panel (Al Najjar: FIG. 1 [Col. 3 44-45] bending member 40 is a corrugated, flexible belt having a rectangular shape with support members 42 attached to opposing sides); said first segment supporting a first bearing surface (Al Najjar: FIG. 1 [Col. 3 60-63] bottoms of the support members 42 may be tapered inwards to allow for greater downward bend of the bending member 40); wherein said second segment extends longitudinally from said second fin; said second segment supporting a second bearing surface (Al Najjar: FIG. 1 [Col. 3 48-49] support members 42 are connected to the bending member 40 and may be evenly spaced along its length); wherein said first and second bearing surfaces (Al Najjar: FIG. 1 [Col. 3 48-49] support members 42 are connected to the bending member 40 and may be evenly spaced along its length) are separated from one another by a first longitudinal distance while said grasping member is in an uncurled configuration (Al Najjar: FIG. 1 [Col. 3 48-49] support members 42 are connected to the bending member 40 and may be evenly spaced along its length); wherein said first and second bearing surfaces (Al Najjar: FIG. 1 [Col. 3 59-60] bending member 40 causes the bending member 40 to bend downward) are separated from one another by a second longitudinal distance while said grasping member is in an arcuate configuration (Al Najjar: FIG. 1 [Col. 3 58-59] tops of the support members 42 remain separated by the bending member 40 causes the bending member 40 to bend downward); and, wherein said second longitudinal distance is smaller than said first longitudinal distance (Al Najjar: FIG. 1 [Col. 3 60-62] bottoms of the support members 42 may be tapered inwards to allow for greater downward bend of the bending member 40 due to a greater range of approximation).
Regarding claim 2,
Al Najjar teaches The device of Claim 1, wherein said second longitudinal distance is zero (Al Najjar: FIG. 3 [Col. 3 47-48] bottoms of the support members 42 may be tapered inwards to allow for greater downward bend of the bending member 40 due to a greater range of approximation), whereby said first and second bearing faces contact one another while said grasping member is in an arcuate configuration (Al Najjar: FIG. 3 [Col. 3 59-60] bending member 40 causes the bending member 40 to bend downward).
Regarding claim 3,
Al Najjar teaches The device of Claim 1, wherein said first segment further comprises: a longitudinal undercut between said first bearing surface and said flexible bottom panel (Al Najjar: FIG. 1 [Col. 4 29] rectangular shaped bending member 40).
Regarding claim 4,
Al Najjar teaches The device of Claim 1, wherein said first segment further comprises: a forwardly extending prominence supporting said first bearing surface (Al Najjar: FIG. 1 [Col. 3 60-63] bottoms of the support members 42 may be tapered inwards to allow for greater downward bend of the bending member 40); a rearwardly extending prominence supporting an aft bearing surface a fore longitudinal undercut between said first bearing surface (Al Najjar: FIG. 1 [Col. 3 60-63] bottoms of the support members 42 may be tapered inwards to allow for greater downward bend of the bending member 40) and said flexible bottom pane (Al Najjar: FIG. 1A [Col. 3 35-37] base member 20, which is attached to a bending member 40 through an intermediate member 30) and, an aft longitudinal undercut between said aft bearing surface and said flexible bottom panel (Al Najjar: FIG. 1 [Col. 4 29] rectangular shaped bending member 40).
Regarding claim 5,
Al Najjar teaches The device of Claim 1, wherein said second segment extends longitudinally from said second fin apart from said flexible bottom panel (Al Najjar: FIG. 1 [Col. 4 30-31] bending member 60 that tapers in width inward towards its distal end).
Regarding claim 6,
Al Najjar teaches The device of Claim 1, wherein said first segment extends laterally a distance beyond a lateral edge of said flexible bottom panel (Al Najjar: FIG. 1A [Col. 3 36] bending member 40 through an intermediate member 30).
Regarding claim 7,
Al Najjar teaches The device of Claim 6, which further comprises: a plurality of spaced apart nibs extending laterally from said lateral edge (Al Najjar: FIG. 1B [Col. 5 53-55] support elements 42 to the bending member 40…second methods, pins 45); wherein each of said nibs supports one of said segments at a fulcrum (Al Najjar: FIG. 1 [Abs.] tube includes a narrow hollow portion 24 that communicates between flat expanded hollow portions 22a, 22b).
Regarding claim 9,
Al Najjar teaches The device of Claim 1, which further comprises: a flexible cover panel slidingly contacting each of said fins along a top surface of each of said fins (Al Najjar: FIG. 1 [Col. 6 22-23] mitten 70 includes a pocket 79 for receiving a support plate 76).
Regarding claim 10,
Al Najjar teaches The device of Claim 9, which further comprises a resilient pad supported by a top surface of said flexible cover panel (Al Najjar: FIG. 13A [Col. 6 22-23] mitten 70 includes a pocket 79 for receiving a support plate 76).
Regarding claim 11,
Al Najjar teaches The device of Claim 1, which further comprises a resilient pad secured atop said fins (Al Najjar: FIG. 1 [Col. 6 22-23] mitten 70 includes a pocket 79 for receiving a support plate 76).
Regarding claim 12,
Al Najjar teaches The device of Claim 11, wherein said resilient pad comprises: a plurality of longitudinally spaced apart crenellation extending between said fins (Al Najjar: FIG. 13A [Col. 7 15-16] hook and loop patches 83 on the bending member 60 are attached to the portion containing the rigid rods 41).
Regarding claim 13,
Al Najjar teaches The device of Claim 1, which further comprises: a curling mechanism rotating said fins with respect to one another (Al Najjar: FIG. 3 [Col. 3 63-64] lower wires 16a, 16b are pulled in, the upper wires 16c, 16d).
Regarding claim 14,
Al Najjar teaches The device of Claim 13, wherein said curling mechanism comprises a flexible cable extending longitudinally along said member (Al Najjar: FIG. 3 [Col. 3 63-64] lower wires 16a, 16b are pulled in, the upper wires 16c, 16d).
Regarding claim 17,
Al Najjar teaches The device of Claim 14, wherein said cable comprises: a loop comprising: a first arm extending longitudinally along a first lateral side of said member (Al Najjar: FIG. 5 [Col. 4 63-64] wires 16a-16d are wrapped around the spool 14 in opposite directions); a second arm extending longitudinally along a second lateral side of said member; a fastener connecting said first arm to said second arm (Al Najjar: FIG. 5 [Col. 4 63-64] wires 16a-16d are wrapped around the spool 14 in opposite directions); and, wherein said fastener adjusts a separation between said first arm and said second arm (Al Najjar: FIG. 1A [Col. 3 39-40] Four wires 16a, 16b, 16c, and 16d are strung through support elements 42 attached to the sides of the bending member 40 along its length).
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) 15-16, and 19-21 are rejected under 35 U.S.C. 103 as being unpatentable by Al Najjar (US10449677B1) in view of Seto (US6772673B2).
Regarding claim 15,
Al Najjar teaches The device of Claim 14.
Al Najjar does not teach which further comprises: each of said segments having an arcuate top edge; wherein a curvature of said arcuate top edge is selected to match a curvature of said member while said grasping member is in an arcuate configuration.
Seto teaches which further comprises: each of said segments having an arcuate top edge (Seto: FIG. 1A [Col. 9 9-10] entire movable part 6 bends with a substantially even curvature under a no-load condition); wherein a curvature of said arcuate top edge is selected to match a curvature of said member while said grasping member is in an arcuate configuration (Seto: FIG. 1A [Col. 9 9-10] entire movable part 6 bends with a substantially even curvature under a no-load condition).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Al Najjar in view of Seto directed to having a segment to include a curvature. A person having ordinary skill in the art would have been motivated to make this modification in order to grip an entire object without local bending (Seto: [Col. 9 11-12]).
Regarding claim 16,
Al Najjar teaches The device of Claim 15, which further comprises: wherein said channel is dimensioned to allow passage of said cable therethrough (Al Najjar: FIG. 3 [Col. 3 63-64] lower wires 16a, 16b are pulled in, the upper wires 16c, 16d)
Al Najjar does not teach each of said segments comprising a longitudinal arcuate channel along said arcuate top edge.
Seto teaching each of said segments comprising a longitudinal arcuate channel along said arcuate top edge (Seto: FIG. 1A [Col. 9 9-10] entire movable part 6 bends with a substantially even curvature under a no-load condition).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Al Najjar in view of Seto directed to having a segment to include a curvature. A person having ordinary skill in the art would have been motivated to make this modification in order to grip an entire object without local bending (Seto: [Col. 9 11-12]).
Regarding claim 19,
Al Najjar teaches The device of Claim 1.
Al Najjar does not teach which further comprises: said panel having a variable thickness between said proximal end and said distal end; and, wherein said variable thickness tapers substantially linearly between a first thickness and a second thickness.
Seto teaches which further comprises: said panel having a variable thickness between said proximal end and said distal end (Seto: FIG. 4 [Col. 7 58-61] A tapered plate member is used as the core member 20 in which a base 20a has a large width H1, with widths decreasing toward a tip 20b, and the tip 20b has a smallest width H2); and, wherein said variable thickness tapers substantially linearly between a first thickness and a second thickness (Seto: FIG. 4 [Col. 7 58-61] A tapered plate member is used as the core member 20 in which a base 20a has a large width H1, with widths decreasing toward a tip 20b, and the tip 20b has a smallest width H2).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Al Najjar in view of Seto directed to having a gradual decrease in width of segments. A person having ordinary skill in the art would have been motivated to make this modification in order to decrease resilience of a segment to increase bending amount (Seto: [Col. 9 11-12]).
Regarding claim 20,
Al Najjar teaches The device of Claim 1.
Al Najjar teaches which further comprises: said panel having a variable thickness between said proximal end and said distal end; and, wherein said variable thickness provides progressively diminishing discrete thicknesses between successive pairs of said fins.
Seto teaches which further comprises: said panel having a variable thickness between said proximal end and said distal end (Seto: FIG. 4 [Abs.] expanded hollow portion at a base has a largest transverse cross Sectional area, with transverse cross Sectional areas of the expanded hollow portions gradually decreasing toward a tip, and the expanded hollow portion at the tip has a Smallest transverse cross sectional area); and, wherein said variable thickness provides progressively diminishing discrete thicknesses between successive pairs of said fins (Seto: FIG. 4 [Col. 7 58-61] A tapered plate member is used as the core member 20 in which a base 20a has a large width H1, with widths decreasing toward a tip 20b, and the tip 20b has a smallest width H2).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Al Najjar in view of Seto directed to having a gradual decrease in width of segments. A person having ordinary skill in the art would have been motivated to make this modification in order to decrease resilience of a segment to increase bending amount (Seto: [Col. 9 11-12]).
Regarding claim 21,
Al Najjar teaches The device of Claim 1.
Al Najjar does not teach which further comprises: said fins having progressively diminishing heights from said proximal end to said distal end.
Seto teaches which further comprises: said fins having progressively diminishing heights from said proximal end to said distal end (Seto: FIG. 4 [Col. 7 58-61] A tapered plate member is used as the core member 20 in which a base 20a has a large width H1, with widths decreasing toward a tip 20b, and the tip 20b has a smallest width H2).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Al Najjar in view of Seto directed to having a gradual decrease in width of segments. A person having ordinary skill in the art would have been motivated to make this modification in order to decrease resilience of a segment to increase bending amount (Seto: [Col. 7 40-42]).
Claim(s) 18 are rejected under 35 U.S.C. 103 as being unpatentable by Al Najjar (US10449677B1) in view of Fogleman (US8156581B2).
Regarding claim 18,
Al Najjar teaches The device of Claim 17.
Al Najjar does not teach wherein said fastener comprises a turnbuckle.
Fogleman teaches wherein said fastener comprises a turnbuckle (Fogleman: FIG. 10A [Col. 5 16-18] support arm 320 is in the first position the notch in the latch 323 receives the restricting member 322).
[Col. 5 7-10] support arm 320 is in the first position the notch in the latch 323 receives the restricting member 322, engaging the restricting member 322 and preventing the support arm 320 from rotating from the first position
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Al Najjar in view of Fogleman directed to having a latch to secure a support arm. A person having ordinary skill in the art would have been motivated to make this modification in order to secure and restrict a support arm (Fogleman: [Col. 5 7-10]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEANE E. TEJADA whose telephone number is (571)272-3553. The examiner can normally be reached Monday-Friday 7:30-4:30 CT.
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, Justin Mikowski can be reached at (571) 272-8525. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JOSEANE E. TEJADA
Examiner
Art Unit 3673
/DAVID R HARE/Primary Examiner, Art Unit 3673
6/28/2026
Prosecution Insights