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 § 102/103
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
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.
Claim(s) 7-8 and 12 is/are rejected under 35 U.S.C. 102(a1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over USPN. 4,399,171 to Murray.
Regarding Claims 7, 8 and 12
Murray teaches a ribbon decoration device comprising a first base structure having a first end, a second end and a body, at least one fastener to attach the first end of the first base structure to the second end of the first base structure, a plurality of decorative ribbons at distinct locations along a length of the at least one base structure, which are in a rolled configuration for storage and a plurality of ribbon fasteners configured to attach one of the plurality of ribbons to the body of the first base structure, wherein the base structure is positioned on a tree and the ribbons are unrolled (Murray, abstract, fig. 1-5, description of the preferred embodiments). Murray teaches a second base structure to form an extended size base structure for use with trees (Id.).
Claim Rejections - 35 USC § 103
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Murray, as applied to claims 7-8 and 12 above.
Regarding Claim 13
Murray does not specifically teach that at least two ribbons are connected together to form an extended length ribbon. However, it would have been obvious to one having ordinary skill in the art at the time of the invention to extend the ribbon elements by duplicating the ribbon component and therefore its length, motivated by the desire to form a ribbon decorating device with increased coverage and since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art [MPEP 2144.04].
Response to Arguments
Applicant's arguments filed December 29, 2025 have been fully considered but they are not persuasive. Applicant argues that Murray lacks any teaching of a modular cover that can be removed from a ribbon and repurposed to extend the circumference or length of the primary base structure. Examiner respectfully disagrees. The claims do not require these limitations.
Applicant argues that Murray does not specifically teach a fastener system that allows a linear base structure to be transformed into a closed-loop configuration for wrapping around non-conical architectural elements. Examiner respectfully disagrees. The claims do not require these limitations.
Applicant argues that Murray lacks the teaching of a modular, interconnecting system where multiple base structures of the same or similar type can be joined to exponentially increase the size of the device. Examiner respectfully disagrees. The claims do not require these limitations. The claim only requires a first and second base structure for connecting together to form an extended size base structure, which is taught by the prior art as set forth above.
Applicant argues that it would not be routine skill to utilize a specific connection method where at least two ribbons are attached end-to-end via the covers implemented as an interconnection or via bottom-end fasteners to provide a “continuous flow” in decorating. Examiner respectfully disagrees. The claims do not require this limitation. The claim only requires that at least two ribbons are attached to one another to form an extended length ribbon. It is well within the scope of obviousness to extend the length of a ribbon by attaching another length of ribbon such as tying, stitching taping or any conceivable fastening method.
Conclusion
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 VINCENT A TATESURE whose telephone number is (571)272-5198. The examiner can normally be reached Monday-Friday 7:30AM-4PM EST.
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, Jennifer Chriss can be reached at 5712727783. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/VINCENT TATESURE/Primary Examiner, Art Unit 1786
Prosecution Insights