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
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 15,16,19 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Strobl et al. (US 7774993 B2).
For claim 15, Strobl et al. disclose a stake assembly (figs. 10-12) for a landscape edging system, the stake assembly comprising:
a plurality of stakes (371) joined together by connector segments (see the illustration below) spanning between adjacent stakes in the plurality of stakes;
a plurality of support arms (see the illustration below) extending outwardly from the joined together plurality of stakes, each support arm joined on a proximal end thereof to at least one of the plurality of stakes;
a support post (see the illustration below) disposed at a distal end of each support arm;
a first centering bracket (see the illustration below) disposed between a first pair of the support posts; and
a second centering bracket (see the illustration below) disposed between a second pair of the support posts.
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For claim 16, Strobl et al. disclose the stake assembly of claim 15, and further disclose wherein each stake in the stake assembly is oriented opposite an adjacent stake in the stake assembly (as shown in the figures).
For claim 19, Strobl et al. disclose the stake assembly of claim 15, and further disclose wherein at a point of attachment to each stake in the stake assembly, a thickness of each connector segment is thinned or narrowed so as to be frangible from each stake to which it is connected (the stakes 371 are designed to be disconnected from spider element 390; also, fig. 11 shows the connector segment narrowing with the top edge smaller than the bottom edge).
Allowable Subject Matter
Claims 1-14,20 allowed.
Claims 17,18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the prior art of record failed to disclose or render obvious the landscape edging system that include both the coiled length of landscape edging and the stake assembly secured to the coiled length of landscape edging with the features as claimed in claim 1 and claim 20. In addition, none of the prior art teaches wherein the first and second centering brackets are located radially opposite one another, and wherein each of the first and second centering brackets includes a bracket member extending radially inward towards the plurality of stakes with a flange extending perpendicularly from the bracket member.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20080236035 A1 teaches a landscape edging device for dividing distinct landscaping areas, comprising: a vertical barrier; a top portion disposed at the top of and integral to the vertical barrier; and an anchoring portion at the bottom and integral to the vertical barrier, wherein the anchoring portion in turn comprises: an offset channel formed from the vertical body and disposed on one side of the vertical body, wherein the offset channel comprises a first leg and a second leg; and an anchoring blade disposed on a second side of the vertical body and protruding from the intersection of the first leg and second leg.
US 4984689 A teaches a system and method for packaging a plurality of sections of bed dividers which form a boundary between adjacent landscaping areas. Each section includes an elongated divider structure having an enlarged upper portion and a flange portion extending lengthwise along the upper portion and depending downwardly therefrom for insertion in the ground. A plurality of the bed divider sections are arranged in an elongated stack of juxtaposed sections. Another of the bed divider sections is arranged lengthwise along at least one side of the stack in such a manner that its flange portion is generally perpendicular to the flange portions of the plurality of bed divider sections in the stack. All of the bed divider sections are held in this arrangement whereby the stack of bed divider sections rigidify the package in one transverse direction, and the side bed divider section rigidifies the package in the opposite transverse direction.
US 7596903 B1 teaches a landscape edging system comprises a plurality of molded interlocking edging pieces each having a face portion having top and bottom edges and an integral interlocking flange and a relief portion adjacent the face portion and set in relief therefrom. When installed, the interlocking flange of one edging piece engages the relief portion of an adjacent edging piece to provide a uniform aesthetic appearance.
US 6324783 B1 teaches a molded plastic landscape edging strip with integrally moulded plastic spikes that can be severed on site for use in installation and also serve during storage and handling to stiffen the rear edge of the flexible plastic edging strip. Plastic spikes are less expensive to manufacture than conventionally used galvanized steel spikes, however, when integrally moulded with the plastic edging, the marginal increase in cost of the spikes is very low. The costs and time involved in manufacturing, inventory maintenance, handling, shipping and installation are reduced as a result of integrally moulding the spikes and edging together. The edging strip has an elongate vertical wall with bottom edge, front and rear faces, a horizontal footing extending rearwardly from the bottom edge with longitudinally spaced apart apertures and elongate plastic spikes severably joined to the rearward end of the footing. The spikes have a cross-sectional profile adapted for vertical insertion through the apertures, and may include serrated edges to inhibit withdrawal after installation. The integral moulding of spikes with the edging relieves the installer and distributor from the burden of stocking and purchasing separate spikes, calculating the number of spikes necessary for installation, and eliminates the risk of misplacing spikes or forgetting to bring spikes to the job site. The integral moulding of spikes also ensures that edging and spike materials are compatible and will not corrode.
US 6581763 B2 teaches a packaging system for coiled goods, a length of flexible material is wound into a coil. A hole is extended diametrically through the coil and a rod is extended through the hole. Fasteners are secured to the opposite end of the rod to secure the flexible material in the coiled configuration.
US 6135282 A teaches a hose package comprising a coiled hose having an inside substantially cylindrical surface means and an outside cylindrical surface means defined by adjoining individual coils. A hose board is held on the hose and is adapted to have hose identification thereon and holding means holds the hose in coiled relation. The board is defined by a strip which is at least partially wrapped against the hose and has a terminal end which is spaced from the inside cylindrical surface means to enable a hanger for the hose package to readily engage the inside substantially cylindrical surface means.
CN 111532884 A teaches a packing, transportation and storage technique of marine flexible pipe. The invention controls the deformation amount of the marine flexible pipe by controlling the temperature in the rolling process and the elliptical ratio after rolling, so that the deformation amount of the marine flexible pipe in the later natural cooling and shaping process is greatly reduced, so as to ensure the performance of the marine flexible pipe is not affected. The invention further claims a transportation fixing device, ensuring the marine flexible pipe binding, stacking, transporting and hoisting process is damaged. The invention further claims a long-term storage technology based on material performance and storage condition, which effectively solves the problem that the marine flexible pipe caused by environmental temperature change in the long-term storage process caused by collapse and bending.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SON T NGUYEN whose telephone number is (571)272-6889. The examiner can normally be reached 9:00 to 4:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter Poon can be reached at 571-272-6891. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Son T Nguyen/ Primary Examiner, Art Unit 3643
