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 § 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.
Claim(s) 1-3, 8, 9, 14, 15, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Loniello (20070013158).
Regarding claims 1, 8, 9, 14, and 15, Loniello discloses, a walker umbrella device comprising: a walker (fig. 1); a body component (106); a plurality of fasteners (110); and an umbrella (102);wherein said body component having a cylindrical shape (114) and interior cavity (“hollow portion” [0022]); wherein said plurality of fasteners fasten said body component to said walker ([0022]); wherein said umbrella having a handle (116); and further wherein said cylindrical shape receiving said handle of said umbrella for mounting said umbrella to said walker (fig. 5).
Regarding claims, 2, 3, and 20, Loniello discloses wherein said umbrella openable while mounted in said body component and said walker and said umbrella usable simultaneously (fig. 5).
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.
Claim(s) 4-7, 10-13, and 16-19 are rejected under 35 U.S.C. 103 as being unpatentable over Loniello (20070013158).
Regarding claims 4, 5, 10, 11, 16, and 17, Loniello teaches that the body component is plastic ([0022]), but fails to specifically teach the claimed plastic materials.
The examiner takes official notice that polypropylene and polyethylene are known materials used in plastics. It would have been obvious to one of ordinary skill in the art before the filing of the claimed invention to use polypropylene or polyethylene in the plastic body component of Loiello as are both well known and easily produced plastic materials which would be cost effective. It is also noted that the specification does not offer criticality of using one plastic material over the others.
Regarding claims 6, 7, 12, 13, 18, and 19, Loiello teaches a waterproof body component (106).
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Lee 2012/0097720 discloses an umbrella holding device in combination with a walker that is very similar to the claimed invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL TROY whose telephone number is (571)270-3742. The examiner can normally be reached Monday -Thursday, 9:00 am - 5:00 pm ET.
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/DANIEL J TROY/Supervisory Patent Examiner, Art Unit 3637
