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 .
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 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.
DETAILED ACTION
Acknowledged Receipt
This office action is responsive to amendment filed on 25 September 2025.
Response to Arguments
Applicant’s arguments with respect to Claim(s) 1-6 have been considered but are moot because the new grounds of rejection are based on amendment(s) to the Claim(s).
With respect to independent Claim(s) 1 and 5: In response to applicant's argument that Kissel (US 1322796) in view of Weinberg (US 5515809) does not disclose “each ribbon has a coupled end aligned with the upper edge of the panel such that the ribbon extends fully across and is exposed on the back surface of the panel, which is also exposed facing away from the spine of the book” (applicant’s REMARKS, page 5), which relates to “such that each of said ribbons is exposed on said back surface of said panel, each of said ribbons having said coupled end being aligned with said upper edge of said panel such that each of said ribbons extends fully across said front surface from said upper edge” (amended independent Claim 1, lines 12-16) and which also relates to “such that said back surface is exposed facing away from said spine of the book ……. each of said ribbons having said coupled end being aligned with said upper edge of said panel such that each of said ribbons extends fully across said front surface from said upper edge” (amended independent Claim 5, lines 9-10 and 16-20), the applicant’s argument is persuasive since this is newly amended claim language filed on 25 September 2025.
Status
In the amendment filed 25 September 2025, independent Claim(s) 1 and 5 has/have been amended. Claim(s) 6 is/are canceled. A Final Rejection is being issued in this paper with regards to Claim(s) 1-5.
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.
Claim(s) 1-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dorion (US 5439254; see reference in its entirety) in view of Porto (US 5408950; see reference in its entirety).
With respect to independent Claim 1, Dorion disclose(s): A page marker assembly (Fig. 1) for marking a plurality of pages (Fig. 1: 13) in a book(Fig. 1: 10) , said assembly comprising:
a panel (see annotated Fig. 2 below) being releasably attachable(col. 2, lines 55-62) to a spine of the book (Fig. 1: 14); said panel having a front surface, a back surface and an upper edge (see annotated Fig. 2 below) , said front surface being attachable to said spine of the book such that said back surface is exposed facing away from said spine of the book (see annotated Fig. 2 below); and
a ribbon (Fig. 2: 20), said ribbon being attached to and extending away from said panel (Fig. 2), said ribbon being positionable between respective pages of said book (Fig. 1: 13) wherein said ribbon is configured to mark said respective pages for a reader (Fig. 1), wherein said ribbon has a forward surface (see annotated Fig. 2 below) and a coupled end (see annotated Fig. 2 below), said forward surface being bonded to said back surface of said panel (see annotated Fig. 2 below) such that said ribbon is exposed on said back surface of said panel (Fig. 1), said ribbon having said coupled end being aligned with said upper edge of said panel such that said ribbon extends fully across said front surface from said upper edge (see annotated Fig. 2 below).
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Dorion does not specifically disclose: a plurality of ribbons.
However, Porto teach(es) an assembly (Fig. 13) including: a plurality of ribbons (Fig. 13: 26).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide Dorian, with the teachings of Porto for the purpose of allowing for different markings (col. 3, lines 49-53).
With respect to Claim 2, Dorian and Porto teach(es) the assembly of Claim 1.
Dorian further disclose(s): wherein: said panel being comprised of a deformable material thereby facilitating said panel to conform to curvature of said spine of said book (Fig. 1); and an adhesive pad (Fig. 2: 23) being bonded to said front surface of said panel (see annotated Fig. 2 above), said adhesive pad adhesively engaging said spine when said panel is applied to said spine for retaining said panel on said spine (Fig. 2 and col. 2, lines 55-62).
With respect to Claim 3, Dorian and Porto teach(es) the assembly of Claim 2.
The combination do(es) not specifically disclose: wherein said plurality of ribbons being spaced
apart from each other and being distributed along said back surface of said panel.
However, Porto further teach(es) wherein said plurality of ribbons being spaced apart from
each other and being distributed along said panel (Fig. 13).
Motivation to combine is the same as Claim 1.
With respect to Claim 4, Dorian and Porto teach(es) the assembly of Claim 1.
The combination do(es) not specifically disclose: wherein each of said ribbons has a unique color with respect to each other thereby facilitating each of said ribbons to be visually distinguished from each other.
However, Porto further teach(es) wherein each of said ribbons has a unique color with respect to each other thereby facilitating each of said ribbons to be visually distinguished from each other (Fig. 7 and col. 3, lines 49-53).
Motivation to combine is the same as Claim 1.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dorion in view of Porto.
With respect to independent Claim 5, Dorion disclose(s): A page marker assembly (Fig. 1) for marking a plurality of pages (Fig. 1: 13) in a book(Fig. 1: 10) , said assembly comprising:
a panel (see annotated Fig. 2 below) being releasably attachable (col. 2, lines 55-62) to a spine of the book (Fig. 1: 14), said panel having a front surface, a back surface and an upper edge (see annotated Fig. 2 below), said panel being comprised of a deformable material thereby facilitating said panel to conform to curvature of said spine of said book (Fig. 1);
an adhesive pad (Fig. 2: 23) being bonded to said front surface of said panel (see annotated Fig. 2 below), said adhesive pad adhesively engaging said spine when said panel is applied to said spine for retaining said panel on said spine (Fig. 2 and col. 2, lines 55-62) such that said back surface is exposed facing away from said spine of the book (see annotated Fig. 2 below); and
a ribbon (Fig. 2: 20), said ribbon being attached to and extending away from said panel (Fig. 2), said ribbon being positionable between respective pages of said book (Fig. 1: 13) wherein said ribbon is configured to mark said respective pages for a reader (Fig. 1),
said ribbon having a forward surface (see annotated Fig. 2 below) and a coupled end (see annotated Fig. 2 below), said forward surface being bonded to said back surface of said panel (see annotated Fig. 2 below) such that said ribbon is exposed on said back surface of said panel (Fig. 1), said ribbon having said coupled end being aligned with said upper edge of said panel such that said ribbon extends fully across said front surface from said upper edge (see annotated Fig. 2 below).
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Dorion does not specifically disclose: a plurality of ribbons; said plurality of ribbons being spaced apart from each other and being distributed along said back surface of said panel, each of said ribbons having a unique color with respect to each other thereby facilitating each of said ribbons to be visually distinguished from each other.
However, Porto teach(es) an assembly (Fig. 13) including: a plurality of ribbons (Fig. 13: 26); said plurality of ribbons being spaced apart from each other and being distributed along said back surface of said panel (Fig. 13), each of said ribbons having a unique color with respect to each other thereby facilitating each of said ribbons to be visually distinguished from each other (Fig. 7 and col. 3, lines 49-53).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide Dorian, with the teachings of Porto for the purpose of allowing for different markings (col. 3, lines 49-53).
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.
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/TC/
01 February 2026
/KRISTINA M DEHERRERA/Supervisory Patent Examiner, Art Unit 2855