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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The disclosure is objected to because of the following informalities: Figs. 2B, 3A, 3B, 4A, 4B, 5 and 6 are described in the BRIEF DESCRIPTION OF THE SEVERAL VIEW OF THE DRAWINGS section as being perspective views when they are not.
Appropriate correction is required.
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 and 3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. 3,075,234 to Speakman, hereinafter “Speakman”.
Regarding claim 1, Speakman discloses a sealed hinge (title) capable of being used as a paintless dent repair glue tab tool for removing dents from a vehicle (The preamble of claim 1 is not considered a limitation of the claim because it merely states the purpose or intended use of the invention and the body of the claim fully sets forth all of the limitations of the claim. See M.P.E.P. 2111.02,II.), the paintless dent repair glue tab tool comprising:
a hinge tab assembly (hinge assembly shown in Fig. 2; col. 2, line 21 through col. 3, line 15) comprising:
a first hinge tab (hinge tab leaf 10 in Fig. 2), the first hinge tab having a first end (front end of leaf 10 in Fig. 2), a second end (back end of leaf 10 in Fig. 2), a first side (the right side-edge of leaf 10 in Fig. 2), a second side (the left side-edge of leaf 10 in Fig. 2 opposite the right side-edge), a top surface (the surface of leaf 10 facing away from fixed member 14 in Fig. 2), a bottom surface (the surface of leaf 10 engaging fixed member 14 in Fig. 2), and a plurality of rings positioned along the first side of the first hinge tab (ring lobes 18 of leaf 10 in Fig. 2), the plurality rings configured for receiving a ball detention pin therethrough (lobes 18 of leaf 10 in Fig. 2 have apertures 22 configured to receive a ball detention pin therethrough);
a second hinge tab (hinge tan leaf 12 in Fig. 2), the second hinge tab having a first end (front end of leaf 12 in Fig. 2), a second end (back end of leaf 12 in Fig. 2), a first side the left side-edge of leaf 12 in Fig. 2), a second side (the right side-edge of leaf 12 in Fig. 2 opposite the left side-edge), a top surface (the surface of leaf 12 facing away from movable member 16 in Fig. 2), a bottom surface (the surface of leaf 12 engaging movable member 16 in Fig. 2), and a plurality of rings positioned along the first side of the second hinge tab (ring lobes 18 of leaf 12 in Fig. 2), the plurality of rings configured for receiving a ball detention pin therethrough(lobes 18 of leaf 12 in Fig. 2 have apertures 22 configured to receive a ball detention pin therethrough);
a hinge lift (hinge lift sealing strip 28 in Fig. 2), the hinge lift having a first end (front end of strip 28 in Fig. 2), a second end (the back end of strip 28 in Fig. 2), a first side (the left side-edge of strip 28 in Figs. 2 and 3), a second side (the right side-edge of strip 28 in Figs. 2 and 3), a top surface (the outer surface of web 32 in Fig. 3), a bottom surface (the inner surface of web 32 in Fig. 3), and a plurality of rings positioned along the bottom surface (ring clips 24 in Fig. 3), the plurality of rings configured for receiving a ball detention pin therethrough (ring clips 24 in Fig. 3 have aligned apertures 40 therethrough configured to receive a ball detention pin therethrough);
a ball detention pin (The term “ball detention” has no claimed structure. Pin 26 in Fig. 2 of Speakman therefore anticipates the claimed pin.), the ball detention pin detachably connected to the first hinge tab, the second hinge tab, and the hinge lift, by insertion of the ball detention pin through the plurality of rings on the first hinge tab, second hinge tab, and hinge lift, wherein, the first hinge tab, second hinge tab, and hinge lift rotate about the ball detention pin (pin 26 in Fig. 2 inserts through ring lobes 18 of leaves 10 and 12 and ring clips 24 of strip 28 to detachable connect leaves 10 and 12 and strip 28 together where leaves 10 and 12 and strip 28 are rotatable about pin 26); and
wherein, the bottom surface of the first hinge tab and the bottom surface of the second hinge tab are configured to be detachably connected to a vehicle by glue (the bottom surfaces of leaves 10 and 12 in Fig. 2 engaged with fixed member 14 and movable member 16, respectively, are configured to be detachable connected to a vehicle by glue in that they are flat surface capable of receiving glue in the same way applicant’s hinge tabs 115 and 125 are so configured) and the hinge lift is configured to be detachably connected to a paintless dent removal tool and pulled upward, wherein the first hinge tab and the second hinge tab rotate about the ball detention pin to pull up and out a dent on a vehicle at a peak (hinge lift strip 28 in Fig. 2 is capable of being detachably connected to a paintless dent removal tool and pulled upward such that tab leaves 10 and 12 rotate about pin 26 to pull up and out a dent on a vehicle at a peak during use).
Regarding claim 3, Speakman anticipates the hinge tab assembly of claim 1 as explained above. Speakman further discloses the first hinge tab (tab leaf 10 in Fig. 2) and the second hinge tab (tab leaf 12 in Fig. 2) are the same size (leaves 10 and 12 are shown as being the same size).
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 1 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Speakman in view of U.S. Patent Application Publication No. US 2010/0251871 A1 by Marsic et al., hereinafter “Marsic”.
Regarding claim 1, Speakman discloses a sealed hinge (title) capable of being used as a paintless dent repair glue tab tool for removing dents from a vehicle (The preamble of claim 1 is not considered a limitation of the claim because it merely states the purpose or intended use of the invention and the body of the claim fully sets forth all of the limitations of the claim. See M.P.E.P. 2111.02,II.), the paintless dent repair glue tab tool comprising:
a hinge tab assembly (hinge assembly shown in Fig. 2; col. 2, line 21 through col. 3, line 15) comprising:
a first hinge tab (hinge tab leaf 10 in Fig. 2), the first hinge tab having a first end (front end of leaf 10 in Fig. 2), a second end (back end of leaf 10 in Fig. 2), a first side (the right side-edge of leaf 10 in Fig. 2), a second side (the left side-edge of leaf 10 in Fig. 2 opposite the right side-edge), a top surface (the surface of leaf 10 facing away from fixed member 14 in Fig. 2), a bottom surface (the surface of leaf 10 engaging fixed member 14 in Fig. 2), and a plurality of rings positioned along the first side of the first hinge tab (ring lobes 18 of leaf 10 in Fig. 2), the plurality rings configured for receiving a ball detention pin therethrough (lobes 18 of leaf 10 in Fig. 2 have apertures 22 configured to receive a ball detention pin therethrough);
a second hinge tab (hinge tan leaf 12 in Fig. 2), the second hinge tab having a first end (front end of leaf 12 in Fig. 2), a second end (back end of leaf 12 in Fig. 2), a first side the left side-edge of leaf 12 in Fig. 2), a second side (the right side-edge of leaf 12 in Fig. 2 opposite the left side-edge), a top surface (the surface of leaf 12 facing away from movable member 16 in Fig. 2), a bottom surface (the surface of leaf 12 engaging movable member 16 in Fig. 2), and a plurality of rings positioned along the first side of the second hinge tab (ring lobes 18 of leaf 12 in Fig. 2), the plurality of rings configured for receiving a ball detention pin therethrough(lobes 18 of leaf 12 in Fig. 2 have apertures 22 configured to receive a ball detention pin therethrough);
a hinge lift (hinge lift sealing strip 28 in Fig. 2), the hinge lift having a first end (front end of strip 28 in Fig. 2), a second end (the back end of strip 28 in Fig. 2), a first side (the left side-edge of strip 28 in Figs. 2 and 3), a second side (the right side-edge of strip 28 in Figs. 2 and 3), a top surface (the outer surface of web 32 in Fig. 3), a bottom surface (the inner surface of web 32 in Fig. 3), and a plurality of rings positioned along the bottom surface (ring clips 24 in Fig. 3), the plurality of rings configured for receiving a ball detention pin therethrough (ring clips 24 in Fig. 3 have aligned apertures 40 therethrough configured to receive a ball detention pin therethrough);
a pin (pin 26 in Fig. 2), the pin detachably connected to the first hinge tab, the second hinge tab, and the hinge lift, by insertion of the pin through the plurality of rings on the first hinge tab, second hinge tab, and hinge lift, wherein, the first hinge tab, second hinge tab, and hinge lift rotate about the pin (pin 26 in Fig. 2 inserts through ring lobes 18 of leaves 10 and 12 and ring clips 24 of strip 28 to detachable connect leaves 10 and 12 and strip 28 together where leaves 10 and 12 and strip 28 are rotatable about pin 26); and
wherein, the bottom surface of the first hinge tab and the bottom surface of the second hinge tab are configured to be detachably connected to a vehicle by glue (the bottom surfaces of leaves 10 and 12 in Fig. 2 engaged with fixed member 14 and movable member 16, respectively, are configured to be detachable connected to a vehicle by glue in that they are flat surface capable of receiving glue in the same way applicant’s hinge tabs 115 and 125 are so configured) and the hinge lift is configured to be detachably connected to a paintless dent removal tool and pulled upward, wherein the first hinge tab and the second hinge tab rotate about the ball detention pin to pull up and out a dent on a vehicle at a peak (hinge lift strip 28 in Fig. 2 is capable of being detachably connected to a paintless dent removal tool and pulled upward such that tab leaves 10 and 12 rotate about pin 26 to pull up and out a dent on a vehicle at a peak during use).
To the extent a person of skill in the art would not recognize pin 26 of Speakman as a ball detention pin, Marsic teaches it was known before the effective filing date of the claimed invention to include a ball detention mechanism on a pin coupling hinge tab members together. See lock pin 224 in Fig. 3 with ball detent 258 and its written description in paragraphs [0047] and [0048].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include a ball detention mechanism on an end of Speakman’s pin 26 to retain pin 26 in place in the same way Marsic teaches. A person of ordinary skill would have recognized applying the teaching of Marsic to the structure of Speakman would achieve the predictable result of Speakmans hinge tab assembly with a ball detention mechanism.
Regarding claim 3, the prior art reference combination of Speakman in view of Marsic renders the hinge tab assembly according to claim 1 unpatentable as explained above. Speakman further discloses the first hinge tab (tab leaf 10 in Fig. 2) and the second hinge tab (tab leaf 12 in Fig. 2) are the same size (leaves 10 and 12 are shown as being the same size).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Speakman in view of U.S. Patent No. 7,845,693 to Li et al., hereinafter “Li”.
Regarding claim 2, Speakman anticipates the hinge tab assembly of claim 1 as explained above. However, Speakman does not disclose a lateral tension block as claimed in claim 2.
Li teaches a hatch stop which prevents a hinge from rotating when used as shown in Fig. 4. Fig. 3 of Li shows hatch stop 30 is E-shaped with a plurality of prongs 32, 34 and 36 which form recesses therebetween along one side of the stop. See column 2, line 6-15.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use an insertable E-shaped stop with the hinge assembly disclosed by Speakman to limit the movement of Speakman’s leaves 10 and 12 in relation to strip 28 where the recesses of the E-shaped stop receive ring lobes 18 and prongs 32, 34 and 36 prevent strip 28 from rotating about pin 26 in the same way Li teaches inserting structure within the recesses of E-shaped stop 30 to prevent rotation of hinge 24. A person of ordinary skill would have recognized applying the teaching of Li to the hinge structure of Speakman would provide Speakman’s hinge structure with a stop which provides structural rigidity to the hinge structure when the stop is inserted between strip 28 and pin 26.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Speakman.
Regarding claim 4, Speakman anticipates the hinge tab assembly of claim 1 as explained above. But, Speakman does not disclose the first hinge tab and the second hinge tab are of different size as claim 4 claims. However it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to size tab leaf 10 of Speakman different from tab leaf 12 when the intended use of the assembly requires them to be of differing size.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL DEREK PRESSLEY whose telephone number is (313)446-6658. The examiner can normally be reached 7:30am to 3:30pm Eastern.
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/P.D.P./ Examiner, Art Unit 3725
/Christopher L Templeton/Supervisory Patent Examiner, Art Unit 3725