Garth Janke

Patent Trials and Appeals Board

Nov 18, 2021

2021005284 (P.T.A.B. Nov. 18, 2021)

UNITED STATES PATENT AND TRADEMARK OFFICE
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www.uspto.gov
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO.
16/781,695 02/04/2020 Garth Janke P 1089.35007 1006
74310 7590 11/18/2021
Portland Intellectual Property, LLC
900 SW Fifth Avenue, Suite 1820
Portland, OR 97204
EXAMINER
BOOKER, KELVIN
ART UNIT PAPER NUMBER
2119
MAIL DATE DELIVERY MODE
11/18/2021 PAPER
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte GARTH JANKE
Appeal 2021-005284
Application 16/781,695
Technology Center 2100
Before MARC S. HOFF, BETH Z. SHAW, and JOYCE CRAIG,
Administrative Patent Judges.
CRAIG, Administrative Patent Judge.
DECISION ON APPEAL
STATEMENT OF THE CASE
Pursuant to 35 U.S.C. § 134(a), Appellant1 appeals from the
Examiner’s decision to reject claims 21–35. See Final Act. 1. Claims
6–20 have been canceled. See id. at 2. Claims 1–5 were withdrawn from
consideration previously, as a result of a restriction requirement, but after a
successful Petition under 37 C.F.R. § 1.144, were rejoined and allowed. Ans.
14. We have jurisdiction under 35 U.S.C. § 6(b). We AFFIRM.

1 We use the word “Appellant” to refer to “applicant” as defined in
37 C.F.R. § 1.42. Appellant identifies the named inventor, Garth Janke, as
the real party in interest. Appeal Br. 2.
Appeal 2021-005284
Application 16/781,695

2
CLAIMED SUBJECT MATTER
The claims are directed to a product and process for enabling a clog-
resistant feature in a hand-held “lawn and garden” type leaf rake. See Spec.
Title, Field of the Invention. Claim 21, reproduced below, illustrates the
claimed subject matter:
21. A process for enabling a clog-resistant feature in a handheld
leaf rake, comprising installing a first mathematical model on a
computer, the first mathematical model describing first
mathematical equations that define a leaf rake head product
comprising a plurality of independent raking tines extending
from a common body portion, wherein each raking tine has an
entire length over which the raking tine is an elongate member
first extending substantially linearly, thence turning through a
distinct bent portion, and thence again extending substantially
linearly to define an elongate raking portion of the raking tine
terminating in a raking tip, the bent portion extending over less
than 20% of said length, the product further comprising, in each
of the plurality of raking tines, at least one hole extending
through and enclosed by the respective raking portion.
Appeal Br. 28 (Claims App.).
REJECTION
Claims 21–35 stand rejected under 35 U.S.C. § 101 as directed to a
judicial exception, without significantly more. Final Act. 3–13.
ANALYSIS
Appellant asks the Board to affirm the §101 rejections of claims 21–
35. Appeal Br. 6. Appellant agrees with the Examiner’s § 101 rejections and
presents no arguments that the claims are patent eligible. Id. at 5–6; Reply
Br. 2. Arguments not made are forfeited. See 37 C.F.R. § 41.37(c)(1)(iv).
Appeal 2021-005284
Application 16/781,695

3
Appellant uses the remainder of the Appeal Brief to explain why
Appellant disagrees with the Supreme Court’s § 101 jurisprudence,
specifically the Court’s decisions in Gottschalk vs. Benson, 409 U.S. 63
(1972) and Parker vs. Flook, 437 U.S. 584 (1978). Appeal Br. 6–26.
DECISION
We affirm pro forma the decision of the Examiner rejecting claims
21–35 as directed to patent-ineligible subject matter.
DECISION SUMMARY
Claims
Rejected
35 U.S.C. § Reference(s)/Basis Affirmed Reversed
21–35 101 Eligibility 21–35

TIME PERIOD FOR RESPONSE
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a). See 37 C.F.R.
§ 1.136(a)(1)(iv).
AFFIRMED