Garth JankeDownload PDFPatent Trials and Appeals BoardNov 18, 20212021005284 (P.T.A.B. Nov. 18, 2021) Copy Citation 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 Claims 1–5 were withdrawn from consideration previously, as a result of a restriction requirement, but after a successful Petition under 37 C.F.R. § 1.144, were rejoined and allowed.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 Copy with citationCopy as parenthetical citation