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 .
Election/Restrictions
Claims 13-15 and 19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 8/13/26.
Claim Rejections - 35 USC § 102 and § 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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
he 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 12 and 20 is/are rejected under 35 U.S.C. 102a1 and/or 102a2 as being anticipated by Whitehead (US 5,425,391), which discloses:
1. A rack for supporting and securing an elongate article (e.g., a hose) on an elongated apparatus of a water borne vessel for transferring materials to and from one or more sources and destinations, at least one of which comprises the water borne vessel (Whitehead’s rack is capable of such use), the rack comprising:
a mounting frame (22) having a top and including at least one rear element (the rear leg of side 32, the rear leg of side 34, and rear crossbar 35 that connects these two rear legs) extending downward from the top and at least one front element (the front leg of side 32, the front leg of side 34, and front crossbar 30 that connects these two front legs) extending downward from the top and spaced from the at least one rear element, the mounting frame being sized and shaped to enable the top to rest on the elongated apparatus while the at least one rear element extends downward on one side of the elongated apparatus and the at least one front element extends downward on an opposite side of the elongated apparatus (the frame is capable of being set over an elongated apparatus as claimed);
a cradle (26, 110, 112) which is sized and shaped to receive and support the elongate article (e.g., a hose) while lying substantially transversely across the elongated apparatus (it is capable of holding a hose when being set over an elongated apparatus), the cradle being affixed to the top of the mounting frame (at 130) and including movement limiting elements (110, 112) which limit sideways movement of the elongate article while supported thereon; and
a clasp assembly (24) which is affixed to and extends from a front of the mounting frame (when rotated forward, at pivot 44) for receiving and holding the elongate article and reducing movement of the elongate article while lying substantially transversely across the elongated apparatus (member 24 is capable of holding at least the free end of the hose in position, when 47 is rotated forward, see FIG 6 which shows that the handle 24 can be rotated all the way down and against the front side of the frame).
12. The rack of Claim 1, wherein the cradle comprises: a base (26) which is attached to the top of the mounting frame and forms a support surface for supporting an elongate article thereon, and movement limiting elements comprising an upwardly sloping right wing (112) affixed to and extending from one side of the base, and an upwardly sloping left wing (110) affixed to and extending from an opposite side of the base, wherein the base and the upwardly sloping right and left wings of the cradle are sized to allow the elongate article to rest on the support surface of the base, in between the right and left wings, and limit the sideways movement of the elongate article (considered clearly met).
20. The apparatus of Claim 1, wherein the elongated apparatus on which the rack is secured is selected from a beam, a bar, a rack, a railing, and a top rim of a wall, fence, bulkhead, panel, or partition, and the elongate article being held and secured on the rack is selected from a flexible conduit, a hose, a cord, a cable, a tube, and an electric cord, and a power cable (this is an intended-use limitation and does not amount to a positive recitation merely because it is further defined, as such this limitation is met in that the prior art hose rack is capable of being used with such elongated apparatus).
Claim(s) 1-4, 12 and 20 is/are rejected under 35 U.S.C. 102a1 and/or 102a2 as being anticipated by Tisbo (US 5,657,789), or, in the alternative, under 35 U.S.C. 103 as obvious over Tisbo in view of Whitehead.
Regarding claim 1, Tisbo discloses: a rack for supporting and securing an elongate article (e.g., a hose) on an elongated apparatus of a water borne vessel for transferring materials to and from one or more sources and destinations, at least one of which comprises the water borne vessel (Tisbo’s rack is capable of such use), the rack comprising:
a mounting frame (12) having a top and including at least one rear element (the rear leg of side 32, the rear leg of side 34, and rear crossbar 36 that connects these two rear legs) extending downward from the top and at least one front element (the front leg of side 32, the front leg of side 34, and front crossbar 30 that connects these two front legs) extending downward from the top and spaced from the at least one rear element, the mounting frame being sized and shaped to enable the top to rest on the elongated apparatus while the at least one rear element extends downward on one side of the elongated apparatus and the at least one front element extends downward on an opposite side of the elongated apparatus (the frame is capable of being set over an elongated apparatus as claimed);
a cradle (14, 16, 18, 20) which is sized and shaped to receive and support the elongate article (e.g., a hose) while lying substantially transversely across the elongated apparatus (it is capable of holding a hose when being set over an elongated apparatus), the cradle being affixed to the top of the mounting frame (at 70) and including movement limiting elements (14, 16) which limit sideways movement of the elongate article while supported thereon; and
a clasp assembly (47) which is (indirectly) affixed to and extends from a front of the mounting frame (when rotated forward, as shown in FIG 14) for receiving and holding the elongate article and reducing movement of the elongate article while lying substantially transversely across the elongated apparatus (member 47 is capable of holding at least the free end of the hose in position, when 47 is rotated forward).
Alternatively, should it be determined that Tisbo does not disclose a clasp assembly which is affixed to and extends from a front of the mounting frame, then see Whitehead, which teaches that it was known in the art before the effective filing date to form a clasp (24) that is affixed to and extends from a similar mounting frame (at 44, see FIGS 1, 6). To provide Tisbo’s device with a taller handle that can still be folded compactly, it would have been obvious to use a clasp assembly which is affixed to and extends from a front of the mounting frame, as taught by Whitehead. (Note that this is read as a clasp because it is capable of clasping a hose when in the folded position, thus also meeting the intended use limitation “for receiving and holding the elongate article and reducing movement of the elongate article while lying substantially transversely across the elongated apparatus”.)
Tisbo further discloses:
2. The rack of Claim 1, wherein the mounting frame further includes one or more securing features which contact and grip an elongated apparatus when the hose rack is mounted thereon (mounting apertures 60, 62, 64, 66 and the mounting bolts or screws that are used therewith).
3. The apparatus of Claim 1, wherein the mounting frame comprises:
a first inverted U-shaped bar having a rear leg, a front leg, and a transverse arm (at the top of the legs) connecting the rear and front legs of the first inverted U-shaped bar (34 is an inverted U-shaped bar, and alternatively has bar-shaped components which together read on this limitation), and a second inverted U-shaped bar which is spaced from and aligned with the first inverted U-shaped bar, the second inverted U-shaped bar having a rear leg, a front leg, and a transverse arm (at the top of the legs) connecting the rear and front legs of the second inverted U-shaped bar (32 is an inverted U-shaped bar, and alternatively has bar-shaped components as can be seen in FIGS 2 and 7),
wherein, when the rack is in use, the transverse arms of both of the first and second inverse U-shaped bars rest on the elongated apparatus (they are so capable), the at least one rear element of the mounting frame comprises the rear legs of both of the first and second inverted U-shaped bars which both extend downward on one side of the elongated apparatus, and the at least one front element of the mounting frame comprises the front legs of each of the first and second inverted U-shaped bars, the front legs extending downward on an opposite side of the elongated apparatus (as mapped above, analogous to Applicant’s).
4. The rack of Claim 3, wherein the mounting frame further comprises a back connecting arm (36) and a front connecting arm (30), wherein the back connecting arm connects to each of the back legs of each of the respective first and second inverted U-shaped bars, at bottom ends of each of the back legs which are opposite the transverse arms; and the front connecting arm connects to each of the front legs of each of the respective first and second inverted U-shaped bars, at ends thereof opposite the transverse arms (see FIGS 1, 3).
12. The rack of Claim 1, wherein the cradle comprises: a base (18, 20) which is attached to the top of the mounting frame and forms a support surface for supporting an elongate article thereon, and movement limiting elements comprising an upwardly sloping right wing (16) affixed to and extending from one side of the base, and an upwardly sloping left wing (14) affixed to and extending from an opposite side of the base, wherein the base and the upwardly sloping right and left wings of the cradle are sized to allow the elongate article to rest on the support surface of the base, in between the right and left wings, and limit the sideways movement of the elongate article (considered clearly met).
20. The apparatus of Claim 1, wherein the elongated apparatus on which the rack is secured is selected from a beam, a bar, a rack, a railing, and a top rim of a wall, fence, bulkhead, panel, or partition, and the elongate article being held and secured on the rack is selected from a flexible conduit, a hose, a cord, a cable, a tube, and an electric cord, and a power cable (this is an intended-use limitation and does not amount to a positive recitation merely because it is further defined, as such this limitation is met in that the prior art hose rack is capable of being used with such elongated apparatus).
Allowable Subject Matter
Claims 5-11 and 16 are 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2,795 discloses a similar hose reel with spokes 35 that function as legs and which are attached to a drum upon which the hose is wound. US 7,017,603 discloses a hose reel that resembles the shape of Applicant’s device.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM M MCCALISTER whose telephone number is (571)270-1869. The examiner can normally be reached M-F from 7am to 6pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CRAIG SCHNEIDER, can be reached at telephone number 571-272-3607, or Kenneth Rinehart can be reached at 571-272-4881. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from Patent Center. Status information for published applications may be obtained from Patent Center. Status information for unpublished applications is available through Patent Center for authorized users only. Should you have questions about access to Patent Center, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
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) Form at https://www.uspto.gov/patents/uspto-automated- interview-request-air-form.
/WILLIAM M MCCALISTER/ Primary Examiner, Art Unit 3753
9/1/26
Prosecution Insights