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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the interchangeable runners (claim13) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
Claims 8-10 and 14 are finally 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.
As noted previously, the phrase “can be”, (claims 8-10 and 14) only requires for an accessory tool to be at least capable of being transformed or customized to form or perform a function. The phrase does not positively recite for a feature and it is not clear if the feature is being claimed or a feature that “can be” part of the claimed invention.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 2 and 8-10, as best understood are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Brown (6,983,506).
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White discloses all of the limitations of claim 1, i.e., an all-in-one ski and snowboard accessory tool 10, muti-tool capable of designed as a comprehensive repair and maintenance tool set for skiers and snowboarders and other winter sports athletes, comprising:
a. mechanical components e.g., saw blades, files 10:21,
b. electronics components 100, Fig. 10, and
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c. a housing 16 configured to integrate or removably contain the mechanical and electronic parts required for the function into one accessory unit Fig. 3; wherein said housing 12 serves both as a handle “handle 12” for turning function and as a handle for screwing functions e.g., Fig. 13B.
Regarding claim 2, PA (prior art, Brown) meets the limitations, i.e., the all-in-one ski and snowboard accessory tool according to claim 1, wherein all the mechanical and electronic parts 404, 405… are contained in a housing 10 which serves both as a handle for the tuning function file and as a handle for the screwing functions.
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Regarding claim 8, PA meets the limitations, i.e., the all-in-one ski and snowboard accessory tool according to claim 1, wherein the accessory tool further comprises:
a. a plurality of mechanical parts Figs. 18A-P,
b. screwdriver bits Fig. 13c
c. bit extensions Fig. 13b,
d. a file 46, Fig. 3 with mechanical clamping pin 18”,
e. a bit adapter e.g., 142, Fig. 12, and
f. interchangeable parts that can be customized and located in the basic housing and replaced with equipment-specific parts.
Regarding claim 9, PA meets the limitations, i.e., the all-in-one ski and snowboard accessory tool according to claim 8, wherein the bit adapter 142 for bits and bit extension in the body is designed as a ratchet 04:65.
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Regarding claim 10, PA meets the limitations, i.e., all-in-One Ski and Snowboard Accessory tool according to claim 8, wherein the combination tool can be used as a screwdriver wherein the screwdriver bits 144, Fig. 12 can be fitted directly into the bit adapter 140, or in a bit extension Fig. 13b, which in turn has been inserted into the bit adapter 140.
Regarding claim 15, PA meets the limitations, i.e., the all-in-one ski and snowboard accessory tool according to claim 1, wherein the housing e.g., 12, 13 comprises two separable housing shells 12, 13, Fig. 3 that are secured to one another by hook latches 18, 42, Fig. 3 configured such that, during transportation, the mechanical and electronic components contained within the housing 12 cannot be displaced from their stored positions, thereby preventing loss of contents in the event of a fall.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 2, 7 and 15 are finally rejected under 35 U.S.C. 103 as being unpatentable over White (8,015,643) in view of Rothbaum et al. (2011/0192857 “Rothbaum”).
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White meets all of the limitations of claims 1 and 2, i.e., an all-in-one ski and snowboard accessory tool 10, pre-selected survival gear 01:47 designed as a comprehensive repair and maintenance tool set for skiers and snowboarders and other winter sports athletes, comprising:
a. mechanical components 405, 14…,
b. electronics components 402, 202, 203…, and
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c. a housing 12 configured to integrate or removably contain the mechanical and electronic parts required for the function into one accessory unit Figs. 1 and 6, wherein all the mechanical and electronic parts 404, 405… are contained in a housing 10 which serves both as a handle, except for except for
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wherein said housing 12 serves both as a handle “handle 12” for turning function and as a handle for screwing functions.
Rothbaum teaches magnetically attached accessories for a portable device, wherein the accessories includes a multitool 3702, including files and screwdrivers [0205]. It would have been obvious to one of ordinary skill in the art, before the effective date of the invention, to modify the invention of White with the multitool as taught by Rothbaum in adapting the survival tool for tuning and screwing operations.
Regarding claim 7, PA meets the limitations, i.e., the all-in-one ski and snowboard accessory tool according to claim 1, wherein the electronic components e.g., 402 or 126A are contained in a distinct removable chamber 122A that is separable from the main housing of the accessory tool 126A 02:60.
Regarding claim 15, PA meets the limitations, i.e., the all-in-one ski and snowboard accessory tool according to claim 1, wherein the housing 12 comprises two separable housing shells 112A, 112 B that are secured to one another Fig. 3 meeting the narrative/functional language of configured such that, during transportation, the mechanical and electronic components contained within the housing cannot be displaced from their stored positions, thereby preventing loss of contents in the event of a fall, except for explicitly disclosing the shells to be secured by hook latches. It would have been obvious to one of ordinary skill in the art, before the effective date of the invention, to modify the invention of PA with bonding the shells via latches or fasteners as an alternative means of detachably couple the shells together for ease of access and use of tools, requiring routine experimentations with predictable results.
Claims 11-14 are rejected under 35 U.S.C. 103 as being unpatentable over PA and in view of Weissenborn (2002/0035894)
PA (prior art, White modified by Rothbaum) meets all of the limitations of claim 11, as best understood, i.e., the all-in-one ski and snowboard accessory tool according to claim 1, except for the particular mechanical elements.
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Weissenborn teaches an apparatus for the sharpening and/or beveling of either a ski or snowboard side edge or base edge comprising
a. a file 5 that remains secured in the housing pocket provided for this purpose,
b. a clamping screw 20, and
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c. a knurled wheel 28 wherein the file remains secured in said housing pocket during the screw-driving operation and in the transport position Fig. 1. It would have been obvious to one of ordinary skill in the art, before the effective date of the invention, to modify the invention of White with the file as taught by Parsons to diversify the tool for beveling and sharpening operations.
Regarding claim 12, PA (prior art, White modified by Rothbaum and Weissenborn) meets the limitations, i.e., the all-in-one ski and snowboard accessory tool according to claim 11, wherein for use as a tuning tool, the file 5 is extracted by loosening the clamping screw 20 with the knurled wheel 28 and brought to a working position and secured by clamping or pressing on the housing Fig. 5.
Regarding claim 13, PA meets the limitations, i.e., the all-in-one ski and snowboard accessory tool according to claim 11, wherein the accessory tool is used as a combination tool for tuning e.g., file 5, modified by Weissenborn, the user is enabled to apply the file 5 to the steel edge of the ski or snowboard to achieve the desired angle, so that the all-in-one ski tool allows up to four angles by changing the runners at least capable of angle of engagement, except for interchangeable runners. It would have been obvious to one having ordinary skill in the art the effective date of the invention to make the files separable as they are worn out, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179.
Regarding claim 14, PA meets the limitations, i.e., the all-in-one ski and snowboard accessory tool according to claim 13, wherein the file of the combination tool 5 can be used by changing the runners and to break sharp ski steel edges capable of.
Claim 3, 4 and 6 are finally rejected under 35 U.S.C. 103 as being unpatentable over White and Rothbaum, as applied to claim 1 above, further in view of either Ogawa et al. (5,249,102 “Ogawa”) or Rubin et al. (9,254,560 “Rubin”).
PA (prior art, White modified by Rothbaum) meets all of the limitations of claim 3, as applied to claim 1 above,, i.e., the all-in-one ski and snowboard accessory tool according to claim 1, wherein the electronic components further comprises an integrated avalanche transmitter 402 configured with a first locking position container 126A or compartment 122A, in which the transmitter is mechanically secured with a main housing and the transmitter circuit is deactivated off position, and a second locking position cover open 126A locked in position via flanges 114C in which the transmitter circuit is activated and the transmitter transmits an emergency signal at 457 kHz, wherein the avalanche transmitter is removable from the main housing for battery replacement.
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Ogawa taches a portable electronic device with sliding cover 5. It would have been obvious to one of ordinary skill in the art, before the effective date of the invention, to modify the invention of PA with a sliding cover as taught by Ogawa to quickly provide access to the transmitter 402 stored in 122A for actuation while the transmitter is in the compartment allowing quick activation and preventing accidental operation. Further, it would have been obvious to one of ordinary skill in the art, before the effective date of the invention, to set the frequency at 457 kHz, for this frequency is the standard for AVS (Avalanche Victim Search) devices.
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Rubin teaches an auto emergency tool, having a housing with an actuating button 108 on the housing that activates a transmitter. It would have been obvious to one of ordinary skill in the art, before the effective date of the invention, to modify the invention of PA with an actuating switch on the container either 126A or 124A as taught by Rubin to quickly active the emergency transmitter without having to open the housing for access. Further, it would have been obvious to one of ordinary skill in the art, before the effective date of the invention, to set the frequency at 457 kHz, for this frequency is the standard for AVS (Avalanche Victim Search) devices.
Regarding claims 4 and 6, PA (prior art, White modified by Rothbaum and either Ogawa or Rubin) meets the limitations, i.e., the all-in-one ski and snowboard accessory tool according to claim 3, wherein the electronic part 402 further contains an integrated LED flashlight 202, 203 and button 222; all-in-one ski and snowboard accessory tool according to claim 4, wherein the button 222 is crafted for actuating the LED 202, 203 that is equipped for lighting and emergency signals.
Claim 5 is finally rejected under 35 U.S.C. 103 as being unpatentable over PA, as applied to claim 4 above, further in view of Parsons (2015/0003050).
PA (prior art, White modified by Rothbaum and either Ogawa or Rubin) meets all of the limitations of claim 5, as best understood and as applied to claim 4 above, except for LED lights to be used for checking the battery status and the transmitter on/off function.
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Parsons teaches a flashlight with hidden charge plug comprising an LED’s 412m 414 to indicate the battery status [0035]. It would have been obvious to one of ordinary skill in the art, before the effective date of the invention, to modify the invention of PA with the status LEDs as taught by Parsons to provide an indication for when the battery needs to be recharged Fig. 4B, partially shown.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Response to Arguments
Applicant's arguments filed May 19, 2026 have been fully considered but they are not persuasive.
Applicant’s remarks regarding the anticipation rejection over White is acknowledged, however, as previously applied the use of handle for turning or screwing is enabled by the teaching reference Rothbaum.
The arguments that Brown does not teach a frequency of 457kHz is not persuasive, since this is the frequency for is the standard for AVS, see for example evidentiary reference Kampel et al.
The argument with respect to the obviousness rejection of claims over White and Rothbaum that there is no motivation to combine is acknowledged. In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, the base reference White teaches a ski and snowboard accessory tool, configured for multiple functions. Providing fastening or screwing for said, frequently needed for such tools, is well within the knowledge of one of ordinary skill in the art in addition to suggested provided in the teaching reference, i.e., bit driver for turning operations. Similarly same arguments regarding the obviousness rejections, are not persuasive. The motivations for combination is not only pointed out but also is clearly suggested by the teaching reference for a multi-tool, which inherently is capable for adaption for multi-tasks.
Although this action is Final, Examienr is available for further discussion, in view of pro se applicant.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HADI SHAKERI whose telephone number is (571)272-4495. The fax phone number for forwarding unofficial documents for discussion purposes only is (571) 273-4495. The examiner can normally be reached on M-F.
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, Brian Keller can be reached on 571 272 8548. The fax number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Hadi Shakeri/
June 30, 2026 Primary Examiner, Art Unit 3723
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