Update on LilBuddy Patent Application Denial
Last week, glassBYTEs.comô reported that the U.S. Patent and Trademark office turned down Kent Mayhugh's application for a patent on his single-technician windshield setting tool. From documents explaining the ruling, several claims were rejected "as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as invention," with at least two other claims found to be insufficient in light of a pre-existing patent issued in 2000. A C.R. Laurence Co. newsletter later referenced the 2000 patent.
The Detailed Action issued for this patent application cites rejection of different claims "under 35 U.S.C. 103(a) as being unpatentable over C.R. LAURENCE CO. INC. Newsletter dated 2002 in view of Claycomb et al. (U.S. Patent 6,101,702)." Additionally, the decision states that "[i]t would have been obvious to one of ordinary skill in the art at the time the invention was made to utilize at least one windshield glass clamp being slidably engaged with the first member, engaging pivotally one end of the first member with the door glass anchor, as taught by Claycomb et al. on the method of C.R. Laurence Co. Inc., newsletter as to slidably and pivotably move the windshield glass clamp." This later "statement of obviousness" is also cited more than once within the ruling document. Though language within the Detailed Action states that "THIS ACTION IS MADE FINAL," Mayhugh does have a "shortened statutory period for reply," of three month.
Despite the ruling, Mayhugh isn't deterred.
"The most important thing is the consumer and [their] acceptance to our tool Lilbuddy. We respect the Patent office and the difficult job they have in front of them," he told glassBYTEs.comô. "We have consulted other patent attorneys and they also feel that we will get our patent. Our patent attorney [says] that [b]road [c]laim coverage as Mr. Mayhugh seeks for his invention is the only defense to preventing others from getting around a patent. Obtaining broad claim coverage can lead to a patent application being rejected three times or more before the claims are finally allowed."
Stay tuned to glassBYTEs.comô for more information as it becomes available.
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