MEYER PRODUCTS, LLC.
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`EXHIBIT 1010
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`Second Office Action Issued May 28, 2004
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`UNITED STATES DEPARTMENT OF COMM
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`I’.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
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`\
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`APPLICATION NO.
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`10/339,116
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`FILING DATE
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`01/09/2003
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`FIRST NAMED INVENTOR
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`ATTORNEY DOCKET NO.
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`CONFIRMATION NO.
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`David N. Bloxdorf
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`DDY / 4 1 D1
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`3701
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`WOOD, HERRON & EVANS, LLP
`2700 CAREW TOWER
`441 VINE STREET
`CINCINNATI, OH 45202
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`PEZZUTO, ROBERT ERIC
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`3671
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`DATE MAILED: 05/28/2004
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`PTO-90C (Rev. 10/03)
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`j.
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`‘
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`Application No.
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`Applicant(s)
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`Office Action Summary
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`10/339,116
`Examine,
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`BLOXDORF ET AL.
`Art Unit
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`Robert E Pezzuto
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`3671
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`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
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`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE Q MONTH(S) FROM
`THE MAILING DATE OF THIS COMMUNICATION.
`- Extensions of time may be available under the provisions of 37 CFR 1.136(a).
`after SIX (6) MONTHS from the mailing date of this communication.
`If the period for reply specified above is less than thirty (30) days, a reply within the statutory minimum of thirty (30) days will be considered timely.
`-
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
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`— Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed. may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
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`In no event. however. may a reply be timely filed
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`Status
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`1)IZ Responsive to communication(s) filed on 09 March 2004.
`2a)[] This action is FINAL.
`2b)EI This action is non-final.
`3)|:I Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
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`Disposition of Claims
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`4)IZ] Claim(s) 32 33 37 41-44 and 55-65 is/are pending in the application.
`4a) Of the above claim(s) __ is/are withdrawn from consideration.
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`5)|:] Claim(s) 3_7 is/are allowed.
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`6)Xl Claim(s) 32 33 41-44 55-61 and 65 is/are rejected.
`DE Claim(s) J is/are objected to.
`8)[:l Claim(s) __ are subject to restriction and/or election requirement.
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`Application Papers
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`9)I:] The specification is objected to by the Examiner.
`10)l:l The drawing(s) filed on _ is/are: a)l:] accepted or b)[:] objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CF R 1 .85(a).
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`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`11)[] The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO—152.
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`Priority under 35 U.S.C. § 119
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`12)I:] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`a)Ij All
`b)I:] Some * c)D None of:
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`LC] Certified copies of the priority documents have been received.
`2.[:] Certified copies of the priority documents have been received in Application No.
`3.l:] Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
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`* See the attached detailed Office action for a list of the certified copies not received.
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`Attachment(s)
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`1) IXI Notice of References Cited (PTO-892)
`2) D Notice of Draftsperson’s Patent Drawing Review (PTO-948)
`3) El Information Disclosure Statement(s) (PTO-1449 or PTO/SB/08)
`Paper No(s)/Mail Date
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`US. Patent and Trademark Office
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`4) El interview Summary (PTO-413)
`Paper N0(S)/Mail Daie- __.
`5) I:I Npiice of informal Patent Application (PTO-152)
`6) D Other:
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`»
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`PTOL-326 (Rev. 1-04)
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`Office Action Summary
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`Part of Paper No./Mail Date 20040524
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` Application/Control Number: 10/339,116
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`Art Unit: 3671
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`Page 2
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`DETAILED ACTION
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`Response to Amendment
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`Claim Rejections - 35 USC § 102
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`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
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`form the basis for the rejections under this section made in this Office action:
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`A person shall be entitled to a patent unless —
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`(e) the invention was described in a patent granted on an application for patent by another filed in the
`United States before the invention thereof by the applicant for patent, or on an international application
`by another who has fulfilled the requirements of paragraphs (1), (2), and (4) of section 371(0) of this
`title before the invention thereof by the applicant for patent.
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`The changes made to 35 U.S.C. 102(e) by the American Inventors Protection Act
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`of 1999 (AIPA) and the Intellectual Property and High Technology Technical
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`Amendments Act of 2002 do not apply when the reference is a U.S. patent resulting
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`directly or indirectly from an international application filed before November 29, 2000.
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`Therefore, the prior art date of the reference is determined under 35 U.S.C. 102(e) prior
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`to the amendment by the AIPA (pre—A|PA 35 U.S.C. 102(e)).
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`Claims 32, 33, 41-44, 55-61 and 65 are rejected under 35 U.S.C. 102(e) as being
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`anticipated by Kost et a|.’O24. Kost discloses a snowplow assembly (figures 1-20)
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`having a lift frame (generally 200,250), a trunnion 290 plvotally connected to the lift
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`frame for movement about a transverse, horizontal axis, an A—frame (40, as seen in
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`Application/Control Number: 10/339,116
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`Art Unit: 3671
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`Page 3
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`figure 10) having a plow blade on the front end (figures 1-4) and connected at the rear
`end to the trunnions (as seen in figures 12-4) and a motion generating device (330, as
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`seen in figure 1) for effecting motion between the lift and A—frame, about the axis. Also,
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`Kost shows the assembly of the lift frame, A—frame and motion generating device being
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`detachable from a vehicle as a single unit (figure 3). Further, Kost shows the use of a
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`pair of stands 90, each being independently adjustable (via adjustment holes 92, as
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`best seen in figure 6)
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`Allowable Subject Matter
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`Claim 37 is allowed.
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`Claims 62-64 are objected to as being dependent upon a rejected base claim,
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`but would be allowable if rewritten in independent form including all of the limitations of
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`the base claim and any intervening claims.
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`Conclusion
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to Robert E Pezzuto whose telephone number is (703)
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`308-1012. The examiner can normally be reached on 7:00 am to 5:00 pm.
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`Application/Control Number: 10/339,116
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`Page 4
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`Art Unit: 3671
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Thomas B Will can be reached on (703) 308-3870. The fax phone number
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`for the organization where this application or proceeding is assigned is 703-872-9306.
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`Information regarding the status of an application may be obtained from the
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`Patent Application Information Retrieval (PAIR) system. Status information for
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`published applications may be obtained from either Private PAIR or Public PAIR.
`Status information for unpublished applications is available through Private PAIR only.
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`For more information about the ‘PAIR system, see http://pair—direct.uspto.gov. Should
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`you have questions on access to the Private PAIR system, contact the Electronic
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`Business Center (EBC) at 866-217-9197 (toll-free).
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`Z7obert
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`P
`
`uto
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`May 24, 2004