Questions tagged [obviousness]

The tag has no usage guidance.

Filter by
Sorted by
Tagged with
0
votes
3answers
39 views

Where in your patent application can you make an argument that you're invention is non-obvious?

I'm a guy in a garage inventor. This is my first time trying to get a patent. I've got a provisional patent and I've done a fairly extensive patent search and I've done some research on how to to fill ...
0
votes
1answer
29 views

Repeated rejections with new prior art

I have an application that is now on its fifth rejection. In some cases, I have made amendments in light of the prior art, and in all cases, I have presented rebuttals for arguments raised by the ...
2
votes
3answers
144 views

Can I reclaim the broken line features in Design application drawings during prosecution?

Received a Obviousness rejection on design application from USPTO. The prior arts are quite close to our design, except a pattern on the bottom view. However, the pattern on the bottom view is in ...
2
votes
3answers
112 views

How much “mere reversal of parts” can an Examiner validly claim constitutes a 103 rejection

I have a 103 rejection based on one prior patent and In Re Einstein (a mere reversal of the essential working parts of a previously patented device does not constitute invention). However, the "...
4
votes
2answers
1k views

Patentability of a specific method of web content filtering

My friend is the creator and vendor of a web content filtering software. His clients are ISPs who then offer this service to their customers. Recently his clients received a very threatening "...
1
vote
0answers
106 views

Overcoming obviousness-type double patenting rejection referencing third-party material

I have a provisional OTDP rejection that references an earlier application I made, explicitly references a third-party reference (no inventors in common with the application), and two other references ...
2
votes
1answer
44 views

New use and area of application for old invention

If I invent something that solves a problem in a new area (an improvement to something that was only invented ten years ago), by using a technique and mechanism disclosed in old invention (something ...
2
votes
1answer
46 views

Why is it unwise to communicate the aspect of the invention that makes it non-obvious?

An experienced patent attorney wrote: In the US, it is not wise to try to point out, in the application, which aspect of your invention is the part that makes it non-obvious. Why is it unwise to ...
3
votes
3answers
274 views

What is the line between obvious and novel?

I read somewhere that attempts to make the distinction of novel and obvious by If you combine two or more existing things in a way that would make sense to one of skill in the art to accomplish a ...
2
votes
1answer
220 views

Examiner ignores inventor's arguments against his owns

Here is the situation: my patent has gone through several Office Actions (OA). In the first 2 Office Actions, the examiner found some legitimate arguments against my application and I have amended ...
2
votes
0answers
23 views

The patent claim one benefit of purification and then try to over reach. Nothing new

In reference to the patent: US20140093916 What is new about it? it is just the same as other protein based affinity purification.
3
votes
1answer
171 views

An obvious prior art… mobile phone

Shouldn't an obvious prior art of this claim be any smart phone / mobile phone with video screen, speaker and a port which load images for display? What is claimed is: An electronic media ...
4
votes
1answer
155 views

US8214361 B1 How can it be considered not obvious?

In the field of IR I was considering US8214361 B1: if I can resume the claims in two words the invention is a search engine interface that not only provides a set of results but also a set of ...
0
votes
1answer
125 views

Method to request reexamination of patent for instructional video

I am in the process of filing a reexamination request for patent 8,605,152: Method and apparatus for yoga class imaging and streaming. Under what grounds would I challenge a patent for an ...
3
votes
1answer
157 views

Is it obvious even though no one is doing it?

I have an idea. I'm debating with myself whether or not it is obvious. I don't see any evidence of anyone else in the industry doing it. Before I begin doing it I'd like to secure a patent if ...
1
vote
1answer
286 views

Does the US patent laws limit patent applications on “obviousness to a professional”?

In Swedish patent law, there's a clear statement that for an application to be approved, the solution that it provides can't be "obvious to an industry professional". Meaning that, given the state of ...