DETAILED ACTION
Remarks
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 (AIA )
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2, 4, 6-10, 12, and 14 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by US 2007/0190496 A1 to LAMB.
Regarding claim 1, LAMB teaches a method for visualizing a layout of one or more objects in an enclosed space (Abstract: A furniture position planning apparatus is disclosed for helping to plan the furniture layout for a room. The furniture position planning apparatus includes multiple two-dimensional furniture representations),
the method comprising: providing one or more sheets, wherein dimensions of the one or more sheets correspond to a floor area occupied by the respective one or more objects; and placing the one or more sheets in the enclosed space (par. 0015: As illustrated in FIG. 1, for example, an unfurnished room contains multiple life size, planar furniture representations laid down on the floor surface; par. 0017: The furniture representations in the unfurnished room are foldable, precut, individual representations that have been positioned by a user for the purpose of planning a furniture layout for this room).
Regarding claim 9, LAMB teaches an apparatus for visualizing a layout of one or more objects in an enclosed space (Abstract: A furniture position planning apparatus is disclosed for helping to plan the furniture layout for a room. The furniture position planning apparatus includes multiple two-dimensional furniture representations),
the apparatus comprising: one or more sheets, wherein dimensions of the one or more sheets correspond to a floor areas occupied by the respective one or more objects (par. 0015: As illustrated in FIG. 1, for example, an unfurnished room contains multiple life size, planar furniture representations laid down on the floor surface; par. 0017: The furniture representations in the unfurnished room are foldable, precut, individual representations that have been positioned by a user for the purpose of planning a furniture layout for this room).
Regarding claim 2 and 10, LAMB further teaches
wherein the one or more objects comprise a bed, the one or more sheets comprise a sheet for the bed (par. 0021: Each set of furniture representations include multiple representations of various furniture items. These sets may include furniture items for various rooms, such as but not limited to . . . a bedroom; par. 0027: bed representation),
wherein the sheet of the bed has a plurality of fold lines, wherein the sheet of the bed is configured to be folded along one or more of the plurality of fold lines to switch between different sizes of the bed (par. 0020; 0024: furniture representation contains various sizing marks to assist in sizing the furniture representation to the desired dimensions, e.g., FIG. 4, showing plurality of sizing marks 202 . . . . length adjustments may be made by folding).
Regarding claim 4 and 12, LAMB further teaches wherein the one or more sheets are flexible and foldable (par. 0019: precut furniture representation . . . is made of a foldable material . . . Typical foldable materials include various types of papers and plastics, fabrics, as well as with other material that could be practical to this invention, which Examiner interprets as both flexible and foldable material types).
Regarding claim 6 and 14, LAMB further teaches wherein the one or more sheets further comprises a sheet for a sofa (FIG. 1; par. 0017: a couch representation 104) and a sheet for a center table (FIG. 1; par. 0017: a coffee table representation 110).
Regarding claim 7, LAMB further teaches wherein the sheet for the sofa is configured to be folded to switch between dimensions of different types of sofa (par. 0020; 0024: furniture representation contains various sizing marks to assist in sizing the furniture representation to the desired dimensions, e.g., FIG. 2, showing couch with sizing marks 202 . . . . length adjustments may be made by folding).
Regarding claim 8, LAMB further teaches upon placing, repositioning at least one of one or more sheets at a different location in the enclosed space (par. 0022: the furniture representations can be folded into a relatively small size . . . This attribute allows for repeated use of the same product when . . . repositioning, or relocating . . . is desired or needed.).
Claim Rejections - 35 USC § 103 (AIA )
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 3 and 11 are rejected under 35 U.S.C. 103 as being obvious over LAMB, as applied to claim 2 and 10, respectively, in view of US 2006/0080901 to WAGNER.
Regarding claim 3 and 11, LAMB teaches the elements above and further including a printed identifier on the foldable material identifying the type of furniture item it represents (par. 0019).
However, to the extent LAMB does not expressly disclose wherein the sheet for the bed further comprises dimensions printed adjacent to each of the plurality of fold lines, WAGNER teaches life size templates of furniture (Abstract), wherein each template includes printed dimensions adjacent to each of a plurality of lines corresponding to different types of furniture (e.g., common industry dimensions for different sized cabinets, chairs, and tables)(e.g., FIG. 5; par. 0025; 0026; 0027; 0028; 0029; 0031).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate printed dimensions adjacent to each of a plurality of lines corresponding to different furniture sizes, as taught by WAGNER, into the invention of LAMB, in order to measure their furniture and find the correct sizing mark corresponding to their furniture before making adjustments by folding the template. Providing pre-printed dimensions on the templates eliminates the need for an end user to also measure the sizing marks on the template, thus making the templates more user friendly.
Claims 5 and 13 are rejected under 35 U.S.C. 103 as being obvious over LAMB, as applied to claim 2 and 10, respectively, in view of US 2013/0309634 to GASKINS-LUCAS.
Regarding claim 5 and 13, LAMB further teaches wherein the one or more sheets further comprises a sheet for a dresser, a sheet for a bedside table, and a sheet for a chest (par. 0027: furniture representations include a dresser representation, a table representation, and a blank representation of sufficient size so that multiple small representations or one or more multiple large representations may be cut from it, which Examiner interprets as capable of representing a bedside table and/or chest).
However, to the extent LAMB does not expressly disclose the one or more sheets further comprising a bedside table or a chest, GASKINS-LUCAS teaches a related room organizer layout aid for assisting a person organizing the furniture layout in an empty room prior to the placement of furniture, including a plurality of light-weight material pieces that represent the footprint of various furniture items, including a nightstand and chest (Abstract; par. 0015; par. 0018).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate additional furniture representations, including night stand and chest, as taught by GASKINS-LUCAS, into the invention of LAMB, in order to include representations of common furniture pieces considered in interior design, thereby allowing the end user to visualize all potential furniture items in their room before placement of furniture.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure, including:
US 2018/0033100 to ROSEN (Abstract: The invention, Real Estate Floor Plan System, is a series of pre-cut shapes printed on flexible vinyl, which can be rolled, placed and carried in a lightweight, tubular shoulder bag)
US D536,378 to TAFF (Title: Full Scale Simulated Household Furnishing Layout)
US 2005/0277093 to KELLY (Abstract: templates each consisting of a 2-dimensional sheet of light-weight, flexible material formed in the actual size of the footprint of an article of furniture)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to James Hull whose telephone number is 571-272-0996. The examiner can normally be reached on Monday-Friday from 8:00am to 5:00pm MST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Xuan Thai, can be reached at telephone number 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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/JAMES B HULL/Primary Examiner, Art Unit 3715