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 .
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 1-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 6131200 to McNamara.
Regarding claim 1, McNamara teaches a simplified tie restraint (label) comprising: a tool hole (restraint button hole 12) defined in the label and sized to receive a tool configured to manipulate an object by the label; and a mount portion (lower part 9) configured to attach to the object, the mount portion (9) configured to orient the label relative to the object to position the tool hole (12) in a location spaced apart from the object.
[AltContent: arrow][AltContent: textbox (2nd side edge)][AltContent: arrow][AltContent: textbox (1st side edge)][AltContent: arrow][AltContent: textbox (Slot)]
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Regarding claim 2, McNamara teaches the mount portion (lower part 9) is configured to loop around the object (1) to attach the label to the object (figure 2).
Regarding claim 3, McNamara teaches the tool hole (12) is defined through a tail portion (upper part 10) of the label and the mount portion (9) is integral to the tail portion (10).
Regarding claim 4, McNamara teaches the mount portion (9) further comprises: at least one notch (upper notches 16, middle notches 18, and lower notches 20) in a first side edge of the mount portion (9); and a slot (loop entry 14 comprising lower slot 15) defined through the mount portion (9) and configured to receive the tail portion (upper part 10) therethrough to form a loop around a portion of the object (1) to attach the label to the object, the slot defining a sidewall, the sidewall configured for receipt into the at least one notch (16, 18, 20) when the label is inserted through the slot (14-15) to restrain the label in the slot.
Regarding claim 5, McNamara teaches the at least one notch comprises a first notch (upper notches 16) and the sidewall comprises a first sidewall, the label (restraint) further comprises at least one second notch (upper notches 16) in a second side edge of the mount portion (9), the second side edge opposite the first side edge, the second notch (upper notches 16) opposite the first notch (upper notches 16), and the slot (14-15) further defines a second sidewall, the second sidewall opposite the first sidewall and configured for receipt into the second notch (upper notches 16) when the label (restraint) is inserted through the slot to restrain the label in the slot.
Regarding claim 6, McNamara teaches the first notch further comprises a plurality of first notches (16, 18, 20) and the second notch comprises a plurality of second notches (16, 18, 20).
Regarding claim 7, McNamara teaches the label (restraint) is elongated and the first notches (16, 18, 20) and the second notches (16, 18, 20) extend generally perpendicular to a length of the label.
Regarding claim 8, McNamara teaches the first notches (16, 18, 20) and the second notches (16, 18, 20) are aligned in pairs, an aligned first pair of the first and second notches is configured for receipt into the slot (14-15) to respectively engage the first sidewall and the second sidewall to define a first diameter loop around the portion of the object, and an aligned second pair of the first and second notches is configured for receipt into the slot to respectively engage the first sidewall and the second sidewall to define a second diameter loop around the portion of the object, the first diameter loop smaller than the second diameter loop.
Regarding claim 9, McNamara teaches the at least one notch (16, 18, 20) further comprises a primary first notch (16), a secondary first notch (18), and a tertiary first notch (20), and the at least one second notch further comprises a primary second notch (16), a secondary second notch (18), and a tertiary second notch (20).
Claims 1-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 5581850 to Acker.
Regarding claim 1, Acker teaches a label (fastening device/strap 10) comprising: a tool hole (hole, not labeled, in tongue portion 15) defined in the label (fastening device/strap 10) and sized to receive a tool configured to manipulate an object by the label; and a mount portion (portion between end 14 and tongue portion 15)) configured to attach to the object (extension cord 25 defining a cord bundle B), the mount portion (portion between end 14 and tongue portion 15)) configured to orient the label (fastening device/strap 10) relative to the object (25) to position the tool hole (hole, not labeled, in tongue portion 15) in a location spaced apart from the object.
Regarding claim 2, Acker teaches the mount portion (portion between end 14 and tongue portion 15) is configured to loop around the object (cord bundle B) to attach the label (fastening device/strap 10) to the object (B).
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Regarding claim 3, Acker teaches the tool hole (hole, not labeled, in tongue portion 15) is defined through a tail portion (tongue portion 15) of the label (fastening device/strap 10) and the mount portion (portion between end 14 and tongue portion 15) is integral to the tail portion (tongue portion 15).
Regarding claim 4, Acker teaches the mount portion (portion between end 14 and tongue portion 15) further comprises: at least one notch (upper notches 16) in a first side edge (side 11) of the mount portion (portion between end 14 and tongue portion 15); and a slot (slots 18 and 19) defined through the mount portion (portion between end 14 and tongue portion 15) and configured to receive the tail portion (15) therethrough to form a loop around a portion of the object (B) to attach the label to the object (B), the slot (18 or 19) defining a sidewall, the sidewall configured for receipt into the at least one notch (16) when the label (10) is inserted through the slot (18-19) to restrain the label (10) in the slot (18 or 19).
Regarding claim 5, Acker teaches the at least one notch (16) comprises a first notch (16 on side 11) and the sidewall comprises a first sidewall, the label (10) further comprises at least one second notch (16 on side 12) in a second side edge (side 12) of the mount portion (portion between end 14 and tongue portion 15), the second side edge (side 12) opposite the first side edge (side 11), the second notch (16 on side 12) opposite the first notch (16 on side 11), and the slot (18 or 19) further defines a second sidewall, the second sidewall opposite the first sidewall and configured for receipt into the second notch (16 on side 12) when the label (10) is inserted through the slot (18 or 18) to restrain the label (10) in the slot (18 or 19).
Regarding claim 6, Acker teaches the first notch (16 on side 11) further comprises a plurality of first notches (figures 2 and 5) and the second notch (16 on side 12) comprises a plurality of second notches (figures 2 and 5).
Regarding claim 7, Acker teaches the label (10) is elongated and the first notches (16) and the second notches (16) extend generally perpendicular to a length of the label (10).
Regarding claim 8, Acker teaches the first notches (16) and the second notches (16) are aligned in pairs, an aligned first pair of the first and second notches (16) is configured for receipt into the slot (18) to respectively engage the first sidewall and the second sidewall to define a first diameter loop around the portion of the object (loop around extension cord 25, figure 1), and an aligned second pair of the first and second notches (16) is configured for receipt into the slot (18) to respectively engage the first sidewall and the second sidewall to define a second diameter loop around the portion of the object (loop around bundle B, figure 1), the first diameter loop smaller than the second diameter loop.
Regarding claim 9, Acker teaches the at least one notch (16) further comprises a primary first notch (16), a secondary first notch (16), and a tertiary first notch (16), and the at least one second notch further comprises a primary second notch (16), a secondary second notch (16), and a tertiary second notch (16).
Regarding claim 10, Acker teaches the mount portion (portion between end 14 and tongue portion 15), further comprises: a first finger (see annotated figure) defined between the primary first notch (16) and the secondary first notch (16), the first finger configured to limit a movement of the mount portion (portion between end 14 and tongue portion 15) relative to the slot (18-19); a second finger (see annotated figure) defined between the primary second notch (16) and the secondary second notch (16), the second finger configured to limit the movement of the mount portion relative to the slot (18-19); a third finger (see annotated figure) defined between the secondary first notch and the tertiary first notch, the third finger configured to limit the movement of the mount portion relative to the slot; and a fourth finger (see annotated figure) defined between the secondary second notch and the tertiary second notch, the fourth finger configured to limit the movement of the mount portion relative to the slot.
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.
Claims 1 and 11-18 are rejected under 35 U.S.C. 103 as being unpatentable over DE 202004003107 to Loewe Printing in view of US 6131200 to McNamara.
Regarding claim 1, Loewe Printing teaches a double blank of a luggage tag (label) comprising: a mount portion (top end portion 18) configured to attach to the object (handle 32), the mount portion (18) configured to orient the label relative to the object (handle 32) to position. Loewe Printing does not teach a tool hole sized to receive a tool configured to manipulate an object by the label.
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McNamara teaches a simplified tie restraint (label) comprising: a tool hole (restraint buttonhole 12) defined in the label and sized to receive a tool configured to manipulate an object by the label; and a mount portion (lower part 9) configured to attach to the object, the mount portion (9) configured to orient the label relative to the object to position the tool hole (12) in a location spaced apart from the object.
It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct label taught by Loewe Printing with tool hole as taught by McNamara with a reasonable expectation of success to provide a means to hang or store the label.
Regarding claim 12, Loewe Printing teaches the mount portion (top end portion 18) further comprises: a first and second mount portions (end area 34); and the tail portion further comprises: a first label member comprising: a first tail portion (10) configured to receive indicia; and the first mount portion; a second label member comprising: a second tail portion (12) configured to receive indicia; and the second mount portion.
Regarding claim 12, Loewe Printing teaches the label further comprises a folding portion (fold line 14) that foldably connects the first label member (10) and the second label member (12).Regarding claim 13, Loewe Printing teaches at least one adhesive portion on a first side of the label (abstract).
Regarding claim 14, McNamara teaches the tool hole (button hole 12) is defined through a tail portion (upper part 10) of the label, the mount portion (lower part 9) is integral to the tail portion (10). Loewe Printing teaches the mount portion (top end portion 18) further comprises: a first and second mount portions (end area 34); and the tail portion further comprises: a first label member comprising: a first tail portion (10) configured to receive indicia; and the first mount portion; a second label member comprising: a second tail portion (12) configured to receive indicia; and the second mount portion.
Regarding claim 15, Loewe Printing teaches the label further comprises a folding portion (fold line 14) that foldably connects the first label member (10) and the second label member (12).
Regarding claim 16, Loewe Printing teaches the first label member (10) is configured to fold over the second label member (12) at the folding portion (14) to adhere the first label member (10) to the second label member (12) via the at least one adhesive portion.
Regarding claim 17, McNamara teaches the mount portion (18) further comprises: at least one strap hole (hole 26) defined through the mount portion (18) and configured to receive a strap (end area 34) therethrough to cinch the mount portion (18) to the object (32) to orient the label in an angular position relative to the object (32).
Regarding claim 18, Loewe Printing teaches the mount portion (18) further comprises: a slot (rectangular section 28) defined through the mount portion and configured to receive a tail portion ((end area 34) of the label therethrough to form a loop around a portion of the object (32) to attach the label to the object (32), and the strap hole (26) and the slot (28) are configured to receive a tail of the strap therethrough.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following patents are cited to show a binding tie: US-2784476; US-20190005853; US-20050115028; US-3973610; US-5396684; US-5189761; US-D451372 and FR-1075876.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CASSANDRA DAVIS whose telephone number is (571)272-6642. The examiner can normally be reached Monday-Friday 8:00 AM-4:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at 571-272-8227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CASSANDRA DAVIS/Primary Examiner, Art Unit 3631
