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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 13 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 13 contains the trademark/trade name Adirondack. Where a trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. See Ex parte Simpson, 218 USPQ 1020 (Bd. App. 1982). The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. A trademark or trade name is used to identify a source of goods, and not the goods themselves. Thus, a trademark or trade name does not identify or describe the goods associated with the trademark or trade name. In the present case, the trademark/trade name is used to identify/describe an outdoor chair and, accordingly, the identification/description is indefinite.
Allowable Subject Matter
Claims 1-20 are allowed.
The following is an examiner’s statement of reasons for allowance: There are many similarities and dissimilarities between applicant’s invention and the invention of Steinman (12,053,091). However, regarding claim 1, Steinman fails to disclose the furniture weight system comprises: (i) a fillable anchor defining a hollow interior and an opening in communication with the hollow interior, wherein the fillable anchor is configured to receive a fill material to increase a mass of the pool furniture, and (ii) a cap configured to selectively attach to the fillable anchor to cover the opening, wherein the cap is configured to inhibit the fill material from escaping the hollow interior while the cap is attached to the fillable anchor. Regarding claims 17 and 20, Steinman fails to disclose the furniture weight system comprises: (i) a fillable anchor configured to selectively attach to the support structure via the anchor cavity defined by the underside of the support structure, wherein the fillable anchor defines a hollow interior and an opening in communication with the hollow interior, wherein the fillable anchor is configured to receive a fill material to increase a mass of the pool furniture, and (ii) a cap configured to selectively attach to the fillable anchor to cover the opening and inhibit the fill material from escaping outside of the hollow interior. No other prior art references in the record whether taken alone or in combination can solve these dissimilarities.
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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SYED A ISLAM whose telephone number is (571)272-7768. The examiner can normally be reached 10am-10pm.
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/SYED A ISLAM/Primary Examiner, Art Unit 3636
