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 .
Response to Amendment
This is a Final Office action in response to communications filed on December
29, 2025. Applicant cancelled claims 1-20. Applicant added claims 21-29. Claims 21-
29 remain pending in this application.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
Determining the scope and contents of the prior art.
Ascertaining the differences between the prior art and the claims at issue.
Resolving the level of ordinary skill in the pertinent art.
Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 21 and 26-29 are rejected under 35 U.S.C. 103 as being unpatentable under KR 20150131869 A (“Kim”) in view of US 6500005 B2 (“Akkashian”).
In regards to claim 21, Kim discloses the following limitations with the exception of the underlined limitations.
A celestial globe assembly, comprising: a celestial globe of Earth's sky (Description> DRAWING DESCRIPTION> paragraph 5, “5 is a cross-sectional view of the celestial sphere” Examiner notes that Annotated Kim Figure 5 depicts a celestial globe.);
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and a celestial globe support on which the celestial globe is supported (Description> DESCRIPTION-OF-EMBODIMENTS> paragraph 57, “the axis of rotation of … the celestial being inserted into the support”), wherein the celestial globe comprises: a celestial sphere displaying a constellation and including (Description> DESCRIPTION-OF-EMBODIMENTS> paragraph 6, “the celestial sphere part … which constellation is displayed”): an upper hemisphere having (Description> DRAWING DESCRIPTION> paragraph 5, “5 is a cross-sectional view of the celestial sphere” Examiner notes that Annotated Kim Figure 5 depicts an upper hemisphere and a disk with a corresponding upper side.) a celestial north pole (Description> DESCRIPTION-OF-EMBODIMENTS> paragraph 16, “the extension of the earth's rotation axis defines the north pole of the celestial sphere.”);
and a lower hemisphere coupled to the upper hemisphere (Description> DESCRIPTION-OF-EMBODIMENTS> paragraph 48, “5 is a cross-sectional view of the celestial sphere” Examiner notes Annotated Kim Figure 5 depicts a lower hemisphere.) and having a celestial south pole;
a horizontal coordinate system inside the celestial sphere and including (Description> DESCRIPTION-OF-EMBODIMENTS> paragraph 6, “the celestial horizon coordinate system unit is received in the interior of the unit”): a disk part defining a ground level of an observation point on Earth (Description> DESCRIPTION-OF-EMBODIMENTS> paragraph 33, “the celestial sphere part … may be divided on the top of the heavenly bodies and celestial bodies that are at the bottom with respect to the disk portion ... The original … because it means that when the observer can see the stars and stars that do float floats over the ground”);
and a lower hemisphere part coupled to a lower side of the disk part and having a guide hole extending in a longitudinal direction (Description> DESCRIPTION-OF-EMBODIMENTS> paragraph 48, “5 is a cross-sectional view of the celestial sphere” Examiner notes Annotated Kim Figure 5 depicts a lower hemisphere and a disk part lower side.);
and a rotation shaft member passing through the guide hole, defining a rotation axis of Earth, and having one end passing (Description> DESCRIPTION-OF-EMBODIMENTS> paragraph 16, “the extension of the earth's rotation axis defines … the celestial sphere in contact with opposing portions celestial, the through hole is formed may be the rotating shaft … is inserted.” See Annotated Kim Figure 5.) through the celestial south pole such that the celestial sphere rotates with respect to the rotation shaft member, and another end rotatably coupled to a lower surface of the disk part such that when the rotation shaft member moves with respect to the guide hole, the disk part remains horizontal with respect to a direction of gravity (Description> DESCRIPTION-OF-EMBODIMENTS> paragraph 6, “the celestial horizon coordinate system unit is received in the interior of the unit”).
Akkashian discloses
and having a celestial south pole (column 6, lines 8-9, “stem … extends from and is secured to stationary base” Examiner notes that the stem passes through the south pole. See Annotated Akkashian FIG. 2.);
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through the celestial south pole such that the celestial sphere rotates with respect to the rotation shaft member, and another end rotatably coupled to a lower surface of the disk part such that when the rotation shaft member moves with respect to the guide hole (column 6, lines 8-9, “stem … extends from and is secured to stationary base” Examiner notes that the stem passes through the south pole. See Annotated Akkashian FIG. 2.)
Kim and Akkashian are considered analogous to the claimed invention because they are in the field of educational globes. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a celestial globe assembly, comprising: a celestial globe of Earth's sky; and a celestial globe support on which the celestial globe is supported, wherein the celestial globe comprises: a celestial sphere displaying a constellation and including: an upper hemisphere having a celestial north pole; and a lower hemisphere coupled to the upper hemisphere a horizontal coordinate system inside the celestial sphere and including: a disk part defining a ground level of an observation point on Earth; and a lower hemisphere part coupled to a lower side of the disk part and having a guide hole extending in a longitudinal direction; and a rotation shaft member passing through the guide hole, defining a rotation axis of Earth, and having one end passing, the disk part remains horizontal with respect to a direction of gravity, as disclosed by Kim, and having a celestial south pole; through the celestial south pole such that the celestial sphere rotates with respect to the rotation shaft member, and another end rotatably coupled to a lower surface of the disk part such that when the rotation shaft member moves with respect to the guide hole, as disclosed by Akkashian, to provide a stem and a stationary base for mechanical music boxes with an Earth globe attachment.
In regards to claim 26, Kim discloses
wherein the support plate comprises a fixing member for fixing the support, wherein the support plate further comprises one fixing member insertion groove into which one side of the fixing member is inserted (Description> DESCRIPTION-OF-EMBODIMENTS> paragraph 55, “6 is a view showing a state inserted in the celestial the support” Examiner notes that Figure 6 depicts the support with a rotating shaft that is fixed through insertion point 21. Examiner also notes that the support comprises fixing parts (i.e., insertion points) 22 and 23.), wherein the support further comprises a plurality of other fixing member insertion grooves, into one of which another side of the fixing member is inserted (Description> DESCRIPTION-OF-EMBODIMENTS> paragraph 62, “support grooves … are formed in the shape of the support hole … is the rotating shaft can be inserted”), the other fixing member insertion grooves being spaced apart at regular or predetermined angles in a circumferential direction within a range of 90 degrees, and wherein the fixing member is inserted into the one of the plurality of other fixing member insertion grooves corresponding to a latitude of the observation point, and the one fixing member insertion groove (Description> DESCRIPTION-OF-EMBODIMENTS> paragraph 55, “6 is a view showing a state inserted in the celestial the support” Examiner notes that Figure 6 depicts 21, 22, and 23 as grooves spaced within a range of 90 degrees.).
In regards to claim 27, Kim discloses
wherein the horizontal coordinate system further includes (Description> DESCRIPTION-OF-EMBODIMENTS> paragraph 6, “the celestial horizon coordinate system unit is received in the interior of the unit”): an upper hemisphere part coupled to an upper side of the disk part (Description> DRAWING DESCRIPTION> paragraph 5, “5 is a cross-sectional view of the celestial sphere” Examiner notes that Annotated Kim Figure 5 depicts an upper hemisphere and a disk with a corresponding upper side.) and defining a visible portion of the sky viewed from the observation point (Description> DESCRIPTION-OF-EMBODIMENTS> paragraph 31, “hemispherical unit that defines the sky as seen from the observer's position”);
and a meridian line on the upper hemisphere part and corresponding to a meridian passing through north and south points of a horizon (Description> DESCRIPTION-OF-EMBODIMENTS> paragraph 43, “Meridian … observers point to the north and south of the center on the celestial sphere”), a zenith (Description> DESCRIPTION-OF-EMBODIMENTS> paragraph 44, “The zenith … is included in the above Polaris altitude section”), and a nadir of the observation point in the horizontal coordinate system (Description> DESCRIPTION-OF-EMBODIMENTS> paragraph 43, “Meridian … observers point to the north and south of the center on the celestial sphere … which means the line passing through the Nadir.”).
In regards to claim 28, Kim discloses
wherein the disk part comprises a pair of disk coupling parts on a lower surface of the disk part and defining an axis of rotation of the disk part (Description> DESCRIPTION-OF-EMBODIMENTS> paragraph 48, “5 is a cross-sectional view of the celestial sphere” Examiner notes Annotated Kim Figure 5 depicts a disk part lower surface.”), and wherein the rotation shaft member comprises a pair of rotation coupling parts orthogonally extending from the other end of the rotation shaft member and respectively coupled to the pair of disk coupling parts, such that the disk part is coupled to and rotates with respect to the rotation shaft member about the axis of rotation of the disk part (Description> DESCRIPTION-OF-EMBODIMENTS> paragraph 16, “the extension of the earth's rotation axis defines the north pole of the celestial sphere in contact with opposing portions celestial, the through hole is formed may be the rotating shaft … is inserted.” See Annotated Kim Figure 5.” Examiner notes that the earth’s rotation axis on an educational globe is a rotation shaft member, which can comprise a pair of rotation coupling parts that extend from its end, typically oriented 90° apart from each other (orthogonal) to facilitate coupling.).
In regards to claim 29, Kim discloses
wherein the upper hemisphere and the lower hemisphere are detachably coupled to each other (Description> DRAWING DESCRIPTION> paragraph 5, “5 is a cross-sectional view of the celestial sphere” Examiner notes that Annotated Kim Figure 5 depicts an upper hemisphere and a lower hemisphere.).
Claims 22-25 are rejected under 35 U.S.C. 103 as being unpatentable under Kim in view of Akkashian and US 5141442 A (“Melguen”).
In regards to claim 22, Kim discloses the following limitation with the exception of the underlined limitation.
wherein the celestial globe support comprises: a support plate having a support insertion part;
and a support movably coupled to the support insertion part and curved in an arc shape (Description> DESCRIPTION-OF-EMBODIMENTS> paragraph 10, “The celestial sphere portion … and opposite orifice … of the semi-spherical shape … corresponding to the … hemisphere”).
Melguen discloses
wherein the celestial globe support comprises: a support plate having a support insertion part (column 7, lines 43-50, “It comprises a support plate … on which two shouldered axes … have been mounted”);
Kim and Melguen are considered analogous to the claimed invention because they are in the field of educational globes and orbital phenomena. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a celestial globe assembly, comprising: a celestial globe of Earth's sky; and a celestial globe support on which the celestial globe is supported, wherein the celestial globe comprises: a celestial sphere displaying a constellation and including: an upper hemisphere having a celestial north pole; and a lower hemisphere coupled to the upper hemisphere a horizontal coordinate system inside the celestial sphere and including: a disk part defining a ground level of an observation point on Earth; and a lower hemisphere part coupled to a lower side of the disk part and having a guide hole extending in a longitudinal direction; and a rotation shaft member passing through the guide hole, defining a rotation axis of Earth, and having one end passing, the disk part remains horizontal with respect to a direction of gravity and a support movably coupled to the support insertion part and curved in an arc shape, as disclosed by Kim, wherein the celestial globe support comprises: a support plate having a support insertion part, as disclosed by Melguen, to provide a support plate with two shouldered axes for an apparatus for representing orbital phenomena.
In regards to claim 23, Kim discloses
wherein a first fixing part and a second fixing part protrude from an inner surface of the support, wherein the first fixing part passes through the celestial north pole, and wherein the second fixing part is coupled to the one end of the rotation shaft member (Description> DESCRIPTION-OF-EMBODIMENTS> paragraph 55, “6 is a view showing a state inserted in the celestial the support” Examiner notes that Figure 6 depicts the support with a rotating shaft that is fixed through insertion point 21. Examiner also notes that the support comprises fixing parts (i.e., insertion points) 22 and 23.).
In regards to claim 24, Kim discloses
wherein the support plate comprises a guide rib protruding from an inside of the support insertion part (Description> DESCRIPTION-OF-EMBODIMENTS> paragraph 34, “It may comprise the same conductive wire connected to one of the good contour point …, a circular plate portion …, the protrusion … is formed in a portion in contact with”), and wherein the support comprises a guide insertion groove into which the guide rib is inserted (Description> DESCRIPTION-OF-EMBODIMENTS> paragraph 62, “support grooves … are formed in the shape of the support hole … is the rotating shaft can be inserted”).
In regards to claim 25, Kim discloses
wherein the support comprises an altitude display part for displaying an angle of the rotation shaft member (Description> DESCRIPTION-OF-EMBODIMENTS> paragraph 44, “In the meridian … Height portion represents the elevation of the North Star Polaris … is displayed … The zenith … is included in the above … altitude section”), and wherein the support comprises an altitude indicator for indicating the altitude display part (Description> DESCRIPTION-OF-EMBODIMENTS> paragraph 44, “The height ruler … is to measure the altitude of the celestial body” Examiner notes that an indicator is designed to measure.).
Response to Arguments
Applicant's arguments filed December 29, 2025 have been fully considered but they are not persuasive. Applicant cancelled claims 1-20. Applicant added claims 21-29. Claims 21-29 remain pending in this application.
With respect to claim 21, Applicant argues “independent claim 21 recites various distinctions over the art cited in the Office action, such as the lower hemisphere part of the horizontal coordinate system inside the celestial sphere, and the other end of the rotation shaft member, which rotatably couples to a lower surface of the disk part of the horizontal coordinate system such that when the rotation shaft member moves with respect to the guide hole of the lower hemisphere part, the disk part remains horizontal with respect to a direction of gravity” (See AMENDMENT IN REPLY TO NON-FINAL ACTION, REMARKS, page 6, paragraph 2). Examiner acknowledges Applicant’s remarks. However, Examiner notes in the 35 USC § 103 rejection of claim 21, Kim discloses a celestial globe assembly, comprising: a celestial globe of Earth's sky (Description> DRAWING DESCRIPTION> paragraph 5, “5 is a cross-sectional view of the celestial sphere” Examiner notes that Annotated Kim Figure 5 depicts a celestial globe.); and a celestial globe support on which the celestial globe is supported (Description> DESCRIPTION-OF-EMBODIMENTS> paragraph 57, “the axis of rotation of … the celestial being inserted into the support”), wherein the celestial globe comprises: a celestial sphere displaying a constellation and including (Description> DESCRIPTION-OF-EMBODIMENTS> paragraph 6, “the celestial sphere part … which constellation is displayed”): an upper hemisphere having (Description> DRAWING DESCRIPTION> paragraph 5, “5 is a cross-sectional view of the celestial sphere” Examiner notes that Annotated Kim Figure 5 depicts an upper hemisphere and a disk with a corresponding upper side.) a celestial north pole (Description> DESCRIPTION-OF-EMBODIMENTS> paragraph 16, “the extension of the earth's rotation axis defines the north pole of the celestial sphere.”); and a lower hemisphere coupled to the upper hemisphere (Description> DESCRIPTION-OF-EMBODIMENTS> paragraph 48, “5 is a cross-sectional view of the celestial sphere” Examiner notes Annotated Kim Figure 5 depicts a lower hemisphere.); a horizontal coordinate system inside the celestial sphere and including (Description> DESCRIPTION-OF-EMBODIMENTS> paragraph 6, “the celestial horizon coordinate system unit is received in the interior of the unit”): a disk part defining a ground level of an observation point on Earth (Description> DESCRIPTION-OF-EMBODIMENTS> paragraph 33, “the celestial sphere part … may be divided on the top of the heavenly bodies and celestial bodies that are at the bottom with respect to the disk portion ... The original … because it means that when the observer can see the stars and stars that do float floats over the ground”); and a lower hemisphere part coupled to a lower side of the disk part and having a guide hole extending in a longitudinal direction (Description> DESCRIPTION-OF-EMBODIMENTS> paragraph 48, “5 is a cross-sectional view of the celestial sphere” Examiner notes Annotated Kim Figure 5 depicts a lower hemisphere and a disk part lower side.); and a rotation shaft member passing through the guide hole, defining a rotation axis of Earth, and having one end passing (Description> DESCRIPTION-OF-EMBODIMENTS> paragraph 16, “the extension of the earth's rotation axis defines … the celestial sphere in contact with opposing portions celestial, the through hole is formed may be the rotating shaft … is inserted.” See Annotated Kim Figure 5.) the disk part remains horizontal with respect to a direction of gravity (Description> DESCRIPTION-OF-EMBODIMENTS> paragraph 6, “the celestial horizon coordinate system unit is received in the interior of the unit”) and Akkashian discloses and having a celestial south pole (column 6, lines 8-9, “stem … extends from and is secured to stationary base” Examiner notes that the stem passes through the south pole. See Annotated Akkashian FIG. 2.); through the celestial south pole such that the celestial sphere rotates with respect to the rotation shaft member, and another end rotatably coupled to a lower surface of the disk part such that when the rotation shaft member moves with respect to the guide hole (column 6, lines 8-9, “stem … extends from and is secured to stationary base” Examiner notes that the stem passes through the south pole. See Annotated Akkashian FIG. 2.)
MPEP § 2111 discusses proper claim interpretation, including giving claims their
broadest reasonable interpretation (“BRI”) in light of the specification during examination. Under BRI, the words of a claim must be given their plain meaning unless such meaning is inconsistent with the specification, and it is improper to import claim limitations from the specification into the claim. Applicant’s argument is not persuasive because the BRI is broader than what is argued. Therefore, the rejection of claim 21, as obvious by Kim in view of Akkashian, is maintained. Consequently, the rejections of dependent claims 22-29 are maintained.
Conclusion
Applicant's amendment necessitated the new grounds of rejections 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.
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Any inquiry concerning this communication or earlier communications from the
examiner should be directed to Lisa Antoine whose telephone number is
(571) 272-4252 and whose email address is lantoine@uspto.gov. The examiner can be reached Monday-Thursday, 7:30 am-5:30 pm CT. 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, Xuan Thai, can be reached on (571) 272-7147. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/LISA H ANTOINE/
Examiner, Art Unit 3715
/XUAN M THAI/Supervisory Patent Examiner, Art Unit 3715