Questions tagged [obviousness]

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What are the rules for measuring patents obviousness and generalization?

We always try to make our claims scopes as much generic as possible at the same time overtly generalized claims often fall under obviousness. Is there any criteria or specific rules to measure a claim'...
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2answers
57 views

Can an applicant cite the prosecution record of a patent reference?

I've received a first rejection that cites 2 patents, but only one is a problem as it claims an entire drugstore of possible combinations for treating a likewise enormous number of diseases, but ...
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3answers
179 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 ...
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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 ...
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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 ...
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3answers
126 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 "...
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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 "...
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0answers
108 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 ...
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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
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1answer
47 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 ...
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3answers
279 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 ...
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1answer
224 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 ...
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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 ...
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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.
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1answer
156 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 ...
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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 ...
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1answer
159 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 ...
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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 ...