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Unsure about how to answer PTO's OA re claims
Posted by Anonymous . updated on 3/27/2010
I am an inventor who is writing my own patent. To my surprise everything passed through except for my claims. My invention looks different than the prior art that has been sited, but the prior art has claimed everything including the kitchen sink. Both my art and the prior art have claimed improvements on a dish. The prior art guy filed in 1992 and has not taken his invention to the market place. I know why, because it is over designed for cost effective manufacturing. And as I look at the prior art I laugh because the Assistant Examiner for the prior art is now my current Primary Examiner. LOL! I'm very lucky because the PTO has not sited obviousness with my patent, but it could be looked at as a combination patent. Should I scrap trying to compete with the prior art and focus on combination phrasing. Do you know a place I could learn about combination patent claims? Thanks so much for this site, it really keeps me motivated and connected. I love the videos! Thanks!
Answers (1)
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Sanaa T...
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Thank you for your feedback on our site! It keeps us going! :) Often, the meaning of only one term or phrase is at issue, so it is critical to understand what the position of the Examiner really is. It is often helpful to perform the mental exercise of actually combining the references - what would the combination look like? Would it be possible to combine the references at all? Would it work, or would one reference work against the other so that the combination would be inoperable? Does any of the references "teach away" from the combination?
The United States Patent and Trademark Office (www.USPTO.gov) recently updated its website to better meet the special needs and interests of independent inventors and entrepreneurs. “How to” brochures expressly designed for independent inventors are now posted on the website. Links to other useful USPTO Web pages, such as the Patent and Trademark Depository Library Program and Patent Cooperation Treaty (PCT), have been added, as have links to other government agencies, including the Small Business Administration (SBA) and the Federal Trade Commission FTC), each of which have programs and information useful to independent inventors. The USPTO’s independent inventor website also now has a useful “tip of the month.”
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