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.
Claims 3-6, 8, 10, 12, 14, and 16-17 are 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.
With Respect to Claim 3
The scope of the phrase “that engages only the neck or nozzle components of the spray head” is unclear, noting that it is unclear whether this should be interpreted broadly to mean that it does not engage any structure that is not a neck or nozzle component of the spray head, or if it should be interpreted narrowly to mean that the only part of the spray head it engages is the neck or nozzle components of the spray head. It is noted that FIG. 3 shows the inventive structure also engaging the upper portion of the canister.
The remainder of this office action is based on the invention as best understood by Examiner.
With Respect to Claims 4, 5, 12, 14, and 17
The phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
With Respect to Claims 6, 10, and 16
The scope of the claims is unclear, noting the phrase “including, but not limited to” makes it unclear what other structures/materials/etc. are included in the scope of the claim.
With Respect to Claim 8
It is unclear whether it is the support or the cutout that is shaped to engage the claimed surface of the spray head.
The remainder of this office action is based on the invention as best understood by Examiner.
With Respect to Claim 17
It is unclear what the scope of this claim is, specifically whether it further limits the parent claim, noting that it seems that any structure meeting the limitations of the other claims would be capable of having electronics added via some means, e.g. adhesive or the like).
The remainder of this office action is based on the invention as best understood by Examiner.
Claim Rejections - 35 USC § 102
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.
Claim Rejections - 35 USC § 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 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.
Claims 1-6 and 11-17 are rejected under 35 U.S.C. 102(a)(1) as anticipated by U.S. Patent Publication #2015/0041427 to Taw (Taw) or, in the alternative, under 35 U.S.C. 103 as obvious over Taw, either alone or further in view of U.S. Patent #12,013,209 to Ernst (Ernst).
With Respect to Claim 1
An apparatus for securely retaining an emergency aerosol canister, comprising: a framework (FIG. 13) configured to engage the spray head of the canister assembly (capable of this use with an appropriate emergency aerosol container, i.e. one having an appropriately sized spray head/neck or similar structure), the framework shaped and dimensioned to securely hold the spray head in place while allowing for rapid deployment ([0004] discloses its use is to allow for rapid deployment of the attached/held item).
Alternately, although Examiner maintains the position that the Taw structure is capable of holding an appropriately sized emergency aerosol canister, Taw discloses that its locking rim (15) may be dimensioned to accommodate any specific bottle neck geometry and may vary to accommodate different sized bottles ([0026]), and Ernst discloses the use of a holding structure to attach an aerosol canister including a spray head with a neck similar to a bottle to a backpack or similar structure worn by a user, and so it would have been obvious to one of ordinary skill in the art before the filing date of this application to form the Taw structure with a locking rim (15) sized to accommodate an emergency aerosol canister, in order to hold the emergency aerosol canister for ready use.
With Respect to Claim 2
The apparatus of claim 1, wherein the framework includes an armature shaped to conform to the exterior contours of the spray head (noting it will conform to the neck of an appropriate spray head or per the combination with Ernst).
With Respect to Claim 3
The apparatus of claim 1, wherein the framework includes a support structure (14-15 alone or in combination with the upper portion of 16 or all of 16) that engages only the neck or nozzle components of the spray head (capable of this use with an appropriate neck and nozzle components of the spray head, or as to the combination with Ernst it does not engage other portions of the spray head).
With Respect to Claim 4
The apparatus of claim 1, further comprising a retaining feature, such as but not limited to live hinges, springs, cams, tension clasps, or locking pins, to secure the canister within the framework (noting tapered edges 18/9 with locking edges 100, [0029], FIG. 13).
With Respect to Claim 5
The apparatus of claim 1, wherein the framework is made of durable materials such as but not limited to nylon, metal, ceramic, or composite materials ([0038] discloses light and strong enough for practicality and use which materials are inherently durable or alternately durable materials are clearly obvious, or alternately metal is disclosed).
With Respect to Claim 6
The apparatus of claim 1, further comprising a secondary attachment mechanism (102 and/or carabiner/clip, see FIG. 15) adaptable for mounting to a variety of structures, including but not limited to backpack straps, bicycle frames, utility belts, vests, camping gear, boating equipment, and vehicles (capable of this use which is also the intended use, noting disclosed attachment to e.g. a backpack or hook).
With Respect to Claim 11
A system for retaining and mounting a bear spray canister, comprising: a retention apparatus configured to engage the spray head of the canister as recited in claim 1; a mounting assembly (102 and/or carabiner/clip or alternately either or both flanges with their flange holes, FIG. 15) operatively connected to the retention apparatus, the mounting assembly configured for attachment to soft or rigid structures (capable of this use which is also the intended use noting disclosed attachment to e.g. backpack or hook).
With Respect to Claim 12
The system of claim 11, wherein the mounting assembly includes adjustable mounting brackets or adapters (102 or either or both flanges are an adjustable mounting bracket and/or an adapter to the extent broadly claimed), such as but not limited to pivot joints, sliding tracks, or straps, to secure the apparatus in place (although only exemplary, it is noted that 102 and/or the flange holes are pivot joints noting disclosed attachment of a clip which as shown in FIG. 15 is pivotally attached via the hole).
With Respect to Claim 13
The system of claim 11, wherein the mounting assembly allows for adjustment of the orientation of the canister relative to the mounting structure (the carabiner/clip shown allows for pivoting and/or sliding along the clip to adjust orientation or the disclosed string would also inherently allow for such movement or to the degree some other construction might be possible such would clearly be obvious as this is common for string type tether attachments).
With Respect to Claim 14
The system of claim 11, wherein the retention apparatus and the mounting assembly are made of durable materials such as but not limited to nylon, metal, ceramic, or composite materials ([0038] discloses light and strong enough for practicality and use which materials are inherently durable or alternately durable materials are clearly obvious, or alternately metal is disclosed)
With Respect to Claim 15
The system of claim 11, wherein the system allows for insertion and removal of the canister by movement in a single direction without the need to manipulate retention mechanisms.
With Respect to Claim 16
The system of claim 11, wherein the mounting assembly is adaptable for mounting to structures including but not limited to backpack straps, Molle, webbing, bicycle frames, utility belts, camping gear, boating equipment, vehicles, and interior or exterior walls of buildings (capable of this use which is also the intended use, noting disclosed attachment to e.g. a backpack or hook).
With Respect to Claim 17
The system of claim 11, wherein the mounting assembly is adaptable for adding electronics such as, but not limited to lighting (capable of this use, e.g. by attaching lighting or other electronic devices via clips or string through the flange holes and/or the clip shown in FIG. 15).
Claims 7-10 are rejected under 35 U.S.C. 103 as obvious over U.S. Patent Publication #2015/0041427 to Taw (Taw) in view of U.S. Patent #12,013,209 to Ernst (Ernst).
With Respect to Claim 7
A method for securely positioning a bear spray canister for rapid deployment, comprising: providing an apparatus as recited in claim 1; inserting the spray head of the canister into the framework by engaging specific structures of the spray head (the spray head of the canister per Ernst, insertion per Taw); wherein the canister is held securely in place without the need for additional straps, fasteners, or collars (per Taw); and wherein the canister can be rapidly removed from the framework in emergency situations (capable of this use which is also the intended use, noting [0004] indicating easy access).
With Respect to Claim 8
The method of claim 7, wherein the framework includes an upper horizontal support (14) containing a cutout (cutout forming 13 or 10) shaped to engage the superior surface of the cylindrical neck of the spray head body, a lower horizontal support (15) containing a cutout (cutout forming 13 or 10) shaped to engage the inferior surface of the spray head, and a vertical support (vertical wall forming the edge of groove 10, FIG. 13) connecting the upper and lower horizontal supports to stabilize the assembly.
With Respect to Claim 9
The method of claim 8, wherein the cutouts conform to the shape of the canister to allow insertion and removal of the canister without additional straps or fasteners, but does not disclose a particular size and so does not disclose that they range in size from 1/2 inch to 2 inches in diameter.
However, it would have been obvious to one of ordinary skill in the art before the filing date of this application to size the parts in the claimed range, as a mere selection of an art appropriate size for the parts or as forming them at that size instead of another size constitutes at most a mere change in size/proportion which does not patentably distinguish over the prior art (MPEP 2144.04(IV)(A)).
With Respect to Claim 10
The method of claim 8, further comprising mounting the apparatus to a structure (e.g. backpack or hook) using a secondary attachment mechanism (102 or either or both of the flanges with flange holes) adaptable for mounting to a variety of structures, including but not limited to backpack straps, strollers, bicycle frames, utility belts, camping gear, boating equipment, vehicles, walls or door frames (capable of this use).
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 ADAM J WAGGENSPACK whose telephone number is (571)270-7418. The examiner can normally be reached M-F 8:30-4:30.
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, Nathan Newhouse can be reached at (571)272-4544. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ADAM J WAGGENSPACK/Primary Examiner, Art Unit 3734
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