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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “metal core” in claims 7 and 19 and the “magnets” in claims 12 and 24 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claims 1, 3-4, 8, 10-11, 13, 15-16, 20, 22 and 23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fall US 7896191 (hereinafter Fall).
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Re. Cl. 1, Fall discloses: An apparatus for handling a cooking pot lid (10, Fig. 1), comprising: a cylindrical body (12, Fig. 1) having a central axis (see Fig. 2, straight through 12 into the page or shown in annotated figure 4), a first end, and a second end (left and right ends, Fig. 1); a first finger guard projecting from a bottom side of the first end, a second finger guard projecting from a bottom side of the second end (see annotated figure 4); wherein the cylindrical body is fabricated from a compliant material (Col. 2, Lines 57-63); and wherein the apparatus is configured to be removably positioned between a top surface of a pot lid and a bottom portion of a handle of the pot lid (see Fig. 9-10).
Re. Cl. 3, Fall discloses: an outer dimension of the cylindrical body is selected to provide an interference fit between the top surface of the pot lid and the bottom portion of a handle of the pot lid (Col. 4, Lines 12-20).
Re. Cl. 4, Fall discloses: the compliant material comprises a thermally resistant material (Col. 2, Lines 57-63).
Re. Cl. 8, Fall discloses: the first finger guard and the second finger guard are angled downward relative to the central axis (see annotated figure 4).
Re. Cl. 10, Fall discloses: the apparatus further includes surface textures on any of the cylindrical body, the first end and the second end (Col. 2, Lines 57-63; the materials listed would have a surface texture since all materials have a feel, appearance or consistency to them).
Re. Cl. 11, Fall discloses: the first end and the second end comprise a concave shape (see Fig. 1-4, the left and right ends of the device 10 have a concave shape).
Re. Cl. 13, Fall discloses: A method of handling a cooking pot lid (see Fig 9-10), the method comprising: providing an apparatus (10, Fig. 1) comprising a cylindrical body (12, Fig. 1), a first end, a second end (see Fig. 1, left and right ends), a first finger guard, and a second finger guard (see annotated figure 4); positioning the apparatus releasably between a top surface of the cooking pot lid and a bottom portion of a handle of the cooking pot lid such that an interference fit is achieved (see Fig. 9-10 and Col. 4, Lines 12-20); orienting the apparatus such that the first finger guard and the second finger guard contact the top surface of the pot lid (see Fig. 9-10); and gripping the first end and the second end of the apparatus, and lifting the pot lid using the apparatus (Col. 3, Lines 38-45).
Re. Cl. 15, Fall discloses: the cylindrical body comprises a compliant material (Col. 2, Lines 57-63).
Re. Cl. 16, Fall discloses: the compliant material comprises thermally resistant material (Col. 2, Lines 57-63).
Re. Cl. 20, Fall discloses: the cylindrical body includes a central axis and the first finger guard and the second finger guard ire angled downward relative to the central axis (see annotated figure 4).
Re. Cl. 22, Fall discloses: the apparatus further includes surface textures on any of the cylindrical body, the first end and the second end (Col. 2, Lines 57-63; the materials listed would have a surface texture since all materials have a feel, appearance or consistency to them)..
Re. Cl. 23, Fall discloses: the first end and the second end comprise a concave shape (see Fig. 1-4, the left and right ends of the device 10 have a concave shape).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 2, 5-6, 14 and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Fall in view of Mitchell US 3072955 (hereinafter Mitchell).
Re. Cls. 2, 5-6, 14 and 17-18, Fall does not disclose an inside portion of the cylindrical body comprises a plurality of longitudinal channels (Cls. 2 and 14), the plurality of longitudinal channels form a grid pattern in the first end and the second end (Cls. 5 and 17), the plurality of longitudinal channels comprise any of a circular shape and a polygon shape (Cls. 6 and 18). Mitchell discloses an apparatus for handling a pot lid (Fig. 1) which includes a cylindrical portion (20, Fig. 1) wherein an inside portion of the cylindrical body comprises a plurality of longitudinal channels (see Fig. 2, 17); the plurality of longitudinal channels form a grid pattern in the first end and the second end (see Fig. 2, the channels 17 and ribs 16 form a grid pattern since they form a framework of spaced bars (ribs, 16) that are parallel to one another; definition taken from google dictionary); the plurality of longitudinal channels comprise any of a circular shape and a polygon shape (see Fig. 2, the channels 17 are polygon shaped).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the cylindrical body (12) of Fall to include the interior channels of Mitchell with reasonable expectation of success since Mitchell states that such a modification would enable for smaller handles or bail to be trapped and secured within the channels or even larger diameter objects such as edges of a screwdriver (Col. 2, Lines 44-54). Such a modification would be useful for smaller diameter handles or handles having irregular shapes (i.e. not round but having edges).
Claims 7, 12, 19 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Fall in view of Ebbott US 2014/0041092 (hereinafter Ebbott).
Re. Cls. 7, 12, 19 and 24, Fall does not disclose a metal core embedded longitudinally within the cylindrical body (Cls. 7 and 19) or integrated magnets within the cylindrical body (Cls. 12 and 24). Ebbott discloses a pot holder grip (2) which has a cylindrical body (see Fig. 4) wherein a metallic core (magnets, Fig. 2-4; metallic as discussed as being ferrous in claim 6) is embedded within the cylindrical body (see Fig. 4) and integrated magnets within the cylindrical body (see Fig. 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Fall device to have the core/magnets embedded within the cylindrical body as disclosed by Ebbott with reasonable expectation of success to provide a more secure gripping of a metallic pot lid handle while also providing an ability to secure the device to a magnetic surface (i.e. a fridge) when not in use.
Claims 9 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Fall in view of Demay US 2005/0114983 (hereinafter Demay).
Re. Cls. 9 and 21, Fall disclsoes that various materials can be used to make up the device (Col. 2, Lines 57-63) but does not disclose the cylindrical body includes a hydrophobic coating. Demay discloses that it is known to employ hand protectors having coatings of silicone and plastic material containing aluminum powder which make the hand protector waterproof and heat reflective (Paragraph 0012, Lines 1-6).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Fall device to have its device covered in a coating as disclosed by Demay with reasonable expectation of success since Demay states that such a modification makes the device waterproof (Paragraph 0012, Lines 1-6).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Cygan US 2013/0119078, Hellinger US 4388743 and Santa Maria US 2287329 disclose other known hand protectors presented to the Applicant for their consideration.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER E GARFT whose telephone number is (571)270-1171. The examiner can normally be reached Monday-Friday 8:00 a.m. to 5:00 p.m..
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, Terrell McKinnon can be reached at (571)272-4797. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER GARFT/Primary Examiner, Art Unit 3632
