DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 5, 7, 9, 10-22, and 28 are rejected under 35 U.S.C. 103 as being unpatentable over US Design Patent D553196 to Canon in view of US 5931543 to Smith, US 5527185 to Davis and US 1549156 to Shoemaker.
Regarding claims 1 and 25, Canon teaches a structure for supporting signs comprising a head member and at least one arm member, the head member and at least one arm member joined together by a torso member, the head member comprising a circular ring member; a lower portion operably coupled to the upper portion, the lower portion comprising two leg members, wherein the upper portion and the lower portion define a substantially planar stick figure structure, and a base configured to allow at least the upper portion of the apparatus to maintain a substantially upright position with respect to a surface, and at least a part of the lower portion configured to be supported by the base. Canon also teaches the upper portion configured to convey information to an observer by extension of the at least one arm member (see brief description of figure 8).
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Canon does not teach the vertical support element joined to the torso member to maintain the torso member in an upright and vertical position or the upper portion and the lower portion formed from a single piece of material.
Smith teaches a wheel cover for a spokeless bicycle wheel (column 5, lines 22-27). The spokeless bicycle wheel corresponds to the claimed circular ring member defines a hollow center opening.
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Davis teaches an athletic training device comprising: an upper portion comprising a head member and at least one arm member 20 and 20a, the head member and a pair of lower arm segments 4 and upper arm segments 3 joined together by a torso member 2, a lower portion operably coupled to the upper portion, the lower portion comprising two leg members and a vertical support element 6, wherein the upper portion and the lower portion define a substantially planar stick figure structure, and a base 5 configured to allow at least the upper portion of the apparatus to maintain a substantially upright position with respect to a surface, and at least a part of the lower portion configured to be supported by the base 5. Davis teaches the upper portion and the lower portion spaced away from the base (column 4, lines 34-37 and figure 1).
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Shoemaker teaches a traffic sign comprising: an upper portion comprising a head member and at least one arm member 14, the head member and at least one arm member joined together by a torso member, a lower portion operably coupled to the upper portion, the lower portion comprising two leg members and a vertical support element (pipe 4), wherein the upper portion and the lower portion define a substantially planar stick figure structure, and a base (block 1) configured to allow at least the upper portion of the apparatus to maintain a substantially upright position with respect to a surface, and at least a part of the lower portion configured to be supported by the base. Shoemaker also teaches the upper portion is spaced away from the base. Shoemaker teaches the upper portion and the lower portion are formed from a single piece of material (sign 10 is made of sheet metal or other suitable flat material sufficiently rigid, column 2, line 65-69).
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It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to substitute the bicycle wheel as the head of the apparatus taught by Cannon with spokeless bicycle wheel as taught by Smith with a reasonable expectation of success to provide an alternate head member which is adapted to receive and support a display panel. Such a modification would have involved a simple substitution of one known wheel member for another to obtain predictable results. KSR International Co. v. Teleflex Inc., 550 U.S. 398, 82 USPQ 2D 1385 (2007).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to support the structure for supporting signs taught by Cannon using a single base member with a vertical support supporting the figurine at the torso as taught by Davis to provide an additional support means to retain the figurine in an upright configuration.
Shoemaker teaches the upper portion and the lower portion are formed from a single piece of material.
It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct the structure for supporting signs taught by Cannon of a single sheet of metal or other material as taught by Shoemaker with a reasonable expectation of success to provide a unitary sign to provide means to eliminate or reduce the assembly for various parts. One-piece construction, in place of separate elements fastened together, is a design consideration within the skill of the art. In re Kohno, 391 F.2d 959, 157 USPQ 275 (CCPA 1968); In re Larson, 340 F.2d 965, 144 USPQ 347 (CCPA 1965).
Regarding claim 5, Canon teaches the torso member includes a first upper end and a second lower end, the head member is joined with the torso member near the first upper end of the torso member, at least one of the leg member is joined with the torso member near the second lower end of the torso member and extends from the torso member, and the at least one arm member is joined with the torso member between the first and second ends of the torso member and extends from the torso member.
Regarding claim 7, Davis teaches the base is a support base configured to removably engage the figurine.
Regarding claim 9, Canon teaches a second arm member configured to extend from the torso member to convey information to an observer.
Regarding claim 10, Canon teaches the at least one arm member 18 is configured to hold a sign to convey information to the observer. Smith teaches the bicycle wheel is configured to convey information to an observer.
Regarding claim 11, Smith teaches a tab 30 attached to the wheel and configured to engage a tab 130 on a sign (wheel cover 100) to convey information to the observer (figures 3-5).
Regarding claim 12, Canon teaches a sign configured to convey information to the observer, (figure 8).
Regarding claim 13, Smith teaches the circular ring member (spokeless bicycle wheel) is configured to couple with a changeable insert (wheel cover 100) such that the changeable insert (100) extends across at least a portion of a center opening defined by the circular ring member, wherein the changeable insert comprises one or more graphic designs, words, logos, or combinations thereof (column 3, lines 25-39).
Regarding claim 15, Shoemaker teaches the vertical support element (pipe 4) connects orthogonally to the base (block 1).
Regarding claim 16, both Canon and Shoemaker teach the torso maintains a static position.
Regarding claim 17, Shoemaker teaches the vertical support element (pipe 4) is supported by the base (block 1) to remain in a static position.
Regarding claim 18, Shoemaker teaches the vertical support element (pipe 4) is rigidly connected to the base (1).
Regarding claim 19, Shoemaker teaches the vertical support element connects to the base in a vertical position to hold said apparatus in an upright position.
Regarding claim 20, Shoemaker teaches the vertical support element is fixed to the base to hold the apparatus in an upright position.
Regarding claim 21, Shoemaker teaches the vertical support element and the torso are coupled at a first position and the vertical support member only extends between the base and the first position (see figure 1).
Regarding claim 22, Shoemaker teaches the leg members are spaced apart from and unconnected to the vertical support element.
Claim 29 is rejected under 35 U.S.C. 103 as being unpatentable over US Design Patent D553196 to Canon in view of US 5931543 to Smith, US 5527185 to Davis and US 1549156 to Shoemaker as applied to claim 1 above and in further view of US 20150375820 to Banasky et al. (hereinafter “Banasky”).
Regarding claim 29, Smith teaches the hollow opening defined by the ring member remains unobstructed.
Banasky teaches a rear wheel assembly 120 including a spokeless rear wheel 155 rotatably connected to the frame 105, wherein the spokeless rear wheel comprises a hollow opening 215. Banasky teaches the hollow opening defined by the ring member remains unobstructed.
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It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct the spokeless bicycle wheel taught by Smith with an unobstructed opening as taught by Banasky with a reasonable expectation of success to provide a means to place or house another item within the hollow opening.
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Canon, US Design Patent D553196 in view of Davis, US 5527185 and Shoemaker, US 1549156 as applied to claim 1 above and in further view of Sugar, US Patent 6533634.
Canon does not teach the upper portion and lower portion are positioned in a fixed relationship relative to each other and are symmetrical along a vertical axis extending from the upper portion to the lower portion.
Sugar teaches a stick figure structure for supporting signs comprising: an upper portion comprising a head member 16 and at least one arm member 18, the head member 16 and at least one arm member 18 joined together by a torso member 14, the head member 16 comprising a circular ring member 36; a lower portion operably coupled to the upper portion, the lower portion comprising two leg members 20 and a vertical support element 28.42, wherein the upper portion and the lower portion define a substantially planar stick figure structure, and a base 22 configured to allow at least the upper portion of the apparatus to maintain a substantially upright position with respect to a surface, and at least a part 40 of the lower portion configured to be supported by the base.
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Regarding claim 23, Sugar teaches the upper portion and lower portion are positioned in a fixed relationship relative to each other and are symmetrical along a vertical axis extending from the upper portion to the lower portion. It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct stick figure structure conveys information taught by Canon being symmetrical along a vertical axis extending from the upper portion to the lower portion as taught by Sugar with a reasonable expectation of success to provide as an alternate pose or position of the limbs of the stick figure structure as a matter of design. A change in the shape of a prior art device is a design consideration within the skill of the art. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Claim 27 is rejected under 35 U.S.C. 103 as being unpatentable over US Design Patent D553196 to Canon in view of US 5931543 to Smith, US 5527185 to Davis and US 1549156 to Shoemaker as applied to claim 1 above, and further in view of US 6169477 to Fiato.
Canon does not teach a lighting element coupled to the substantially planar stick figure structure.
Fiato teaches a combined storage and safety device comprising a planar figure (folding panel arrangement 40) that depicts the upper torso (41), head (45) of a policeman in uniform and arms 42 and 43). Fiato also teaches a lighting element coupled (flashing light member 52) to the substantially planar figure structure.
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It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct structure for supporting signs taught by Canon with an lighting element as taught by Fiato with a reasonable expectation of success to provide a means to draw attention to the device.
Allowable Subject Matter
Claim 25 is allowed.
The prior art of record does not teach or suggest an information and conveying apparatus comprising in combination with the all other limitations of the claim an upper portion comprising a circular ring head member, at least one arm member, torso, and head insert; lower portion comprising two leg members and a rigid vertical support element joined to the torso member; and a base configured to allow at least the upper portion of the apparatus to maintain a substantially upright position with respect to a surface; and specifically wherein the head member includes at least one connecting element extending from a surface of the head member, the connecting element configured to receive the head insert, and wherein a gap is defined between the head insert and the head member.
Response to Arguments
Applicant's arguments filed July 2, 2026 have been fully considered but they are not persuasive.
Regarding claim 1, the applicant argues it would not be obvious to substitute the "spokeless bicycle wheel as taught by Smith... to provide an alternate head member... adapted to receive and support a display panel” as recited in the rejection. The applicant argues “a hollow opening would render the device taught by Smith unsatisfactory for its intended purpose when considering the whole of Smith. The applicant further argues “a hollow opening would render the device taught by Smith unsatisfactory for its intended purpose when considering the whole of Smith. Smith is directed at detachable wheel covers to "provide a detachable cover having an optical illusion... for covering the wheel hub areas of a vehicle's wheel," and "to provide detachable wheel covers... where the covers stay attached while the vehicle is moving." Smith, Column 1, Lines 50-61. The detachable wheel covers of Smith are intended to be "substantially covering an existing wheel," such as the spokeless bicycle-7-
wheel. Smith, Column 1, Lines 63-64. Combining the cited references with Smith, a detachable cover over a spokeless bicycle wheel would differ from the hollow opening as described in Claim 1.”
The examiner disagrees. Smith is cited to teach a spokeless bicycle wheel or a circular ring member with a hollow center opening as recited in claim 1. The examiner contends the head of the structure for supporting signs taught by US Design Patent No. D533,196 to Canon ("Canon") is a bicycle wheel. However, the bicycle wheel taught by Cannon comprises spokes in the center and therefor do not meet the claim limitation of a circular ring member with a hollow center opening. Therefor the examiner relied on Smith to teach a bicycle wheel without spokes. Since both Cannon and Smith teach bicycle wheel, the examiner contends it would have been obvious to substitute bicycle wheel taught by Cannon with the spokeless bicycle wheel taught by Smith.
The rejection is maintained.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following patents are cited to show spokeless bicycle wheel or bicycle wheels with hollow opening: US 3329444 and US 6224080.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CASSANDRA DAVIS whose telephone number is (571)272-6642. The examiner can normally be reached Monday-Friday 8:00 AM-4:30 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at 571-272-8227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CASSANDRA DAVIS/Primary Examiner, Art Unit 3631
