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 .
Application Status
Claims 1-4 are pending and have been examined in this application.
This communication is the first action on the merits.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55 in a parent application 18033068.
Information Disclosure Statement
As of the date of this action, an information disclosure statement (IDS) has been filed on 01/14/2026 and reviewed by the Examiner. Copies of the cited non-patent literature and the foreign references can be found in the parent application 18033068.
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.
Claim(s) 1-2 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by (US 3800365 A) to Bruggert.
In regards to claim 1, Bruggert anticipates a staple for causing a guide element to hold an object to be held such as a stem or a branch of a plant and being made of a wire having flexibility (Bruggert; wire (see abstract), the staple comprising: a main body portion curved such that an opening for inserting the object to be held is provided between a first end portion and a second end portion (Bruggert; main body being 12 with end portions B1 and B2 with an opening at 16, between 18, between ends of 20) and connecting the first end portion and the second end portion (Bruggert; 12 connecting B1, B2); a first leg portion engaged with the guide element and including a first portion and a second portion (Bruggert; first Leg being 18, 20, 22 engaged with guide element such as 24), the first portion being connected to the first end portion of the main body portion and extending in an opening direction toward the opening from a middle point of the main body portion (Bruggert; 18 connected to an end portion B1 of 12, and 18 extending in an opening direction away from 12 from the middle point of 12; the middle point of 12 being a point at 16), the second portion being bent outward from the first portion (Bruggert; 20 being bent outward from 18); and a second leg portion engaged with the guide element (Bruggert; second leg portion being other of 18, 20, 22 connected to 24) and including a third portion that is connected to the second end portion of the main body portion and that extends in the opening direction (Bruggert; third portion being other of 18 connected to an end portion B2 of 12 and 18 extending in an opening direction away from 12), wherein the main body portion includes a first main body portion and a second main body portion (Bruggert; first main body portion being the half of 12 with B1), the first main body portion being curved from vicinity of the middle point and connected to the first end portion (Bruggert; first half of 12 being curved from the vicinity of the middle point at 16 and connected to B1), the second main body portion being curved from the vicinity of the middle point and connected to the second end portion (Bruggert; second half of 12 being curved from the vicinity of the middle point at 16 and connected to B2), when a virtual circle inscribed in the staple at at least two contact points is an inscribed circle (Bruggert; see the inscribed circle drawn in FIG 2 below, contacting 12 at two contact points on each of the curved portions of 12), the at least two contact points being separated from a first position on the second main body portion and sandwiching the first position therebetween (Bruggert; B3 being the first position on the main body portion of 12, which is sandwiched between points at which the inscribed circle contacts 12 on either side of the curved portions of 12), the second main body portion is separated from the inscribed circle at the first position (Bruggert; the second main body portion of 12 which is connected to B2 is separated from the inscribed circle at the first position B3), and the third portion includes a curved portion that is curved to be displaced outward as advancing in the opening direction (Bruggert; B4 being the curved portion that is curved outward as advancing in the opening direction), and an extending portion that is bent and connected to the curved portion and that extends linearly in the opening direction (Bruggert; linear portion of 18 bent from B4 and extending linearly in an opening direction away from 12).
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In regards to claim 2, Bruggert anticipates the staple according to claim 1, wherein the third portion includes a distal end bent portion connected to the extending portion and displaced outward as advancing in the opening direction (Bruggert; the distal end bent portion being 20 which is connected to the end of 18 and displaced outward as advancing in the opening direction; on the side of B2).
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) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over (US 3800365 A) to Bruggert in view of (US 3279300 A) to Larson.
In regards to claim 3, Bruggert teaches the staple according to claim 1, wherein the inscribed circle is inscribed in the staple at at least the first end portion and the second end portion (Bruggert; the circle inscribed at the two ends B1, B2).
Bruggert fails to teach the first main body portion includes an arc portion formed of an arc having the same radius as the inscribed circle, and the second main body portion includes an elliptical arc portion formed of an elliptical arc having a long radius larger than the radius of the inscribed circle.
Larson teaches the first main body portion includes an arc portion formed of an arc having the same radius as the inscribed circle (Larson; first main body portion being 25, with the same radius as the circle 14 which represents the inscribed circle), and the second main body portion includes an elliptical arc portion (Larson; second main body portion being 30) formed of an elliptical arc having a long radius larger than the radius of the inscribed circle (Larosn; see 39, 38 which represents the long radius of the curve at 33, 30 having a long radius larger than the radius of the inscribed circle 14).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Bruggert such that its main body portion has the same shape as Larson’s hinge and holding portion (30, 25). The motivation for doing so would be to create a shape of the main body portion such that it can be effectively bent to accommodate gripping a rounded object.
Allowable Subject Matter
Claim 4 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
EP 3396180 A1 to Parker teaches a staple with a curved main body portion into which an inscribed circle may be drawn, with a first and second leg, first and second main body end portions, and an embodiment in which the curvature of one half of the main body portion is different from the curvature on the first half of the main body portion (see FIG 7).
US 6378175 B1 to Vanderpan teaches a plant clip with curved main body portions and a leg which curves outward, as well as an end which is bent outward.
US 20010042813 A1 to Taylor teaches a plant clip for a hose with a curved main body portion and two leg portions, one leg portion having an end which is bent outward.
US 6254049 B1 to Goehly teaches a plant support wire.
US 1633090 A to Gilman teaches a clamping band which when bent teaches two legs attached to ends of the main body portion, one of the legs having a curved portion bent outward and connected to a linear portion.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATELYN T TRUONG whose telephone number is (571)272-0023. The examiner can normally be reached Monday - Friday: 8-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, KIMBERLY BERONA can be reached at (571) 272-6909. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KATELYN T TRUONG/Primary Examiner, Art Unit 3647
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