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 INTERPRETATION
MPEP 2112.01 states “Where the only difference between a prior art product and a claimed product is printed matter that is not functionally related to the product, the content of the printed matter will not distinguish the claimed product from the prior art. In re Ngai, 367 F.3d 1336, 1339, 70 USPQ2d 1862, 1864 (Fed. Cir. 2004). See also In re Gulack, 703 F.2d 1381, 1385-86, 217 USPQ 401, 404 (Fed. Cir. 1983) ("Where the printed matter is not functionally related to the substrate, the printed matter will not distinguish the invention from the prior art in terms of patentability …. The critical question is whether there exists any new and unobvious functional relationship between the printed matter and the substrate.").”
The fact that the content of the printed matter (i.e., “the permanent ink forms at least one printed box”; “the at least one printed box comprises a box baseline and a dashed midline”; “a baseline aligner”; “a partially opaque shaded shape”; “the at least one printed box comprising a first box, a second box, a third box, a fourth box, and a fifth box”; “a handwriting guide”; “a plurality of guide dots, a plurality of arrow guides, a plurality of reference letters, and a plurality of number guides”) placed on the substrate (“the transparent base” and “the transparency sheet”). Mere support by the substrate for the printed matter is not the kind of functional relationship necessary for patentability. There is no novel and unobvious functional relationship between the printed matter and the substrate which is required for patentability. Accordingly, there being no functional relationship of the printed material to the substrate, as noted above, there is no reason to give patentable weight to the content of the printed matter which, by itself, is non-statutory subject matter.
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:
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.
Claims 1 – 20 are rejected under 35 U.S.C. 103 as being unpatentable over Bean (US 2006/0078857 A1) in view of Freeman et al. (US 2005/0106538 A1).
Re claims 1, 12 and 17:
Bean teaches 1. A handwriting tool (Bean, Abstract) comprising:
a transparency sheet (Bean, [0079]);
the transparency sheet further comprising a transparent base and permanent ink (Bean, [0079]; fig. 3);
wherein the transparent base is either clear or frosted (Bean, [0079]);
wherein the permanent ink forms at least one printed box (Bean, figs. 1A - 5); and
wherein the at least one printed box comprises a box baseline and a dashed midline (Bean, fig. 4; fig. 5; fig. 4 shows a dashed midline and a bottom baseline).
Bean teaches 12. A handwriting tool (Bean, Abstract) comprising:
a transparency sheet (Bean, [0079]);
the transparency sheet further comprising a transparent base and permanent ink (Bean, [0079]; fig. 3);
the transparency sheet further comprising a waterproof material (Bean, [0079], “translucent plastic sheet”);
wherein the transparent base is either clear or frosted (Bean, [0079]);
wherein the permanent ink forms at least one printed box (Bean, figs. 1A - 5);
wherein the at least one printed box comprises a box baseline and a dashed midline (Bean, fig. 4; fig. 5; fig. 4 shows a dashed midline and a bottom baseline);
the at least one printed box further comprising a baseline aligner (Bean, figs. 1A – 5 show a plurality of boxes with baseline box outline);
wherein the baseline aligner comprises a partially opaque shaded shape (Bean, figs. 1A – 5 show a plurality of boxes with baseline black outline; [0032], “providing at least one guide line disposed on the at least one sheet of writable material, positioned so as to be visible through the at least one aperture in the top panel, towards providing guidance for an individual to write indicia on the at least one sheet of writable material through the at least one aperture”; [0079], “The clear sheet can also be used to facilitate tracing of existing letters, to enable the user to "practice", using the dry erase marker, before writing “permanent" indicia on the paper sheets”).
Bean does not explicitly disclose a handwriting scoring tool, nor disclose the permanent ink forming a handwriting guide.
Freeman et al. (US 2005/0106538 A1) teaches Apparatuses and methods are provided directed at teaching writing, such as printing, cursive, and calligraphy (Freeman, Abstract). Freeman teaches the permanent ink forming a handwriting guide; and the handwriting scoring tool further comprising a plurality of guide dots, a plurality of arrow guides, a plurality of reference letters, and a plurality of number guides (Freeman, figs. 6a – 6g; [0014], “the instructional stroke is a first instructional stroke, the starting point is a first starting point, and the user mark is a first user mark”; [0093], “The interactive learning apparatus 220 teaches the user the basics of writing letters of an alphabet by showing the user the stroke order of each letter on an erasable display 222”). Freeman further teaches a handwriting scoring tool (Freeman, [0080]). Therefore, in view of Freeman, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the tool described in Bean, by providing the scoring tool as taught by Freeman, since the user receive a score that reflects the accuracy of the user mark in following the guide of the instructional stroke (Freeman, [0015]). In view of Freeman, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the tool described in Bean, by providing the guide of the instructional stroke as taught by Freeman, since the user is provided with a start marker and stroke direction arrows for guidance. The user then traces the instructional strokes with the stylus (Freeman, [0072]),
Bean teaches 17. A handwriting scoring tool (Bean, Abstract) comprising:
a transparency sheet (Bean, [0079]);
the transparency sheet further comprising a transparent base and permanent ink (Bean, [0079]; fig. 3);
the transparency sheet further comprising a waterproof material (Bean, [0079], “translucent plastic sheet”);
wherein the transparent base is either clear or frosted (Bean, [0079]);
wherein the permanent ink forms at least one printed box (Bean, figs. 1A - 5);
wherein the at least one printed box comprises a box baseline and a dashed midline (Bean, fig. 4; fig. 5; fig. 4 shows a dashed midline and a bottom baseline);
the at least one printed box further comprising a baseline aligner (Bean, figs. 1A – 5 show a plurality of boxes with baseline box outline);
wherein the baseline aligner comprises a partially opaque shaded shape (Bean, figs. 1A – 5 show a plurality of boxes with baseline black outline; [0032], “providing at least one guide line disposed on the at least one sheet of writable material, positioned so as to be visible through the at least one aperture in the top panel, towards providing guidance for an individual to write indicia on the at least one sheet of writable material through the at least one aperture”; [0079], “The clear sheet can also be used to facilitate tracing of existing letters, to enable the user to "practice", using the dry erase marker, before writing “permanent" indicia on the paper sheets”).
Freeman et al. (US 2005/0106538 A1) teaches Apparatuses and methods are provided directed at teaching writing, such as printing, cursive, and calligraphy (Freeman, Abstract). Freeman teaches the permanent ink forming a handwriting guide; the handwriting scoring tool further comprising a plurality of guide dots, a plurality of arrow guides, a plurality of reference letters, and a plurality of number guides; the plurality of guide dots being positioned on each of the plurality of reference letters to indicate where to begin a stroke with a writing implement (Freeman, figs. 6a – 6g; [0014], “the instructional stroke is a first instructional stroke, the starting point is a first starting point, and the user mark is a first user mark”; [0093], “The interactive learning apparatus 220 teaches the user the basics of writing letters of an alphabet by showing the user the stroke order of each letter on an erasable display 222”); the plurality of arrow guides being positioned adjacent to each of the plurality of reference letters to indicate what direction a stroke with a writing implement should take; and a number guide of the plurality of number guides being positioned adjacent to each of the plurality of arrow guides to indicate the order in which the strokes should be made (Freeman, figs. 6a – 6g; [0014], “the instructional stroke is a first instructional stroke, the starting point is a first starting point, and the user mark is a first user mark”; [0093], “The interactive learning apparatus 220 teaches the user the basics of writing letters of an alphabet by showing the user the stroke order of each letter on an erasable display 222”; figs. 11A – 11D). Freeman further teaches a handwriting scoring tool (Freeman, [0080]). Therefore, in view of Freeman, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the tool described in Bean, by providing the scoring tool as taught by Freeman, since the user receive a score that reflects the accuracy of the user mark in following the guide of the instructional stroke (Freeman, [0015]). In view of Freeman, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the tool described in Bean, by providing the guide of the instructional stroke as taught by Freeman, since the user is provided with a start marker and stroke direction arrows for guidance. The user then traces the instructional strokes with the stylus (Freeman, [0072]),
Re claim 2:
2. The handwriting scoring tool of claim 1, further comprising: the transparency sheet further comprising a waterproof material (Bean, [0079], “translucent plastic sheet”).
Re claim 3:
3. The handwriting scoring tool of claim 1, further comprising: the at least one printed box further comprising a baseline aligner (Bean, figs. 1A – 5 show a plurality of boxes with baseline box outline).
Re claim 4:
4. The handwriting scoring tool of claim 3, further comprising: wherein the baseline aligner comprises a partially opaque shaded shape (Bean, [0032], “providing at least one guide line disposed on the at least one sheet of writable material, positioned so as to be visible through the at least one aperture in the top panel, towards providing guidance for an individual to write indicia on the at least one sheet of writable material through the at least one aperture”; [0079], “The clear sheet can also be used to facilitate tracing of existing letters, to enable the user to "practice", using the dry erase marker, before writing “permanent" indicia on the paper sheets”).
Re claim 5:
5. The handwriting scoring tool of claim 1, further comprising: the at least one printed box comprising a first box, a second box, a third box, a fourth box, and a fifth box (Bean, figs. 1a – 5; figs. 1b, 2, 3, 4, 5 include first – fifth boxes).
Re claim 6:
6. The handwriting scoring tool of claim 5, further comprising: wherein the first box is smaller than the second box; wherein the second box is smaller than the third box; wherein the third box is smaller than the fourth box; and wherein the fourth box is smaller than the fifth box (Bean, figs. 1a – 5; the figures cited include different size boxes; fig. 1d (smallest) – fig. 5 - fig. 1c - fig. 4 – fig. 1b – fig. 1a (largest)).
Re claim 7:
7. The handwriting scoring tool of claim 5, further comprising: wherein only the fifth box does not comprise a baseline aligner (Bean, fig. 1a does not include baseline aligner (midline)).
Re claim 8:
8. The handwriting scoring tool of claim 7, further comprising: wherein the baseline aligner of the fourth box is larger in comparison to the baseline aligner of the first box, second box, and third box (Bean, figs. 1a – 5; the figures cited include different size boxes; fig. 1d (smallest) – fig. 5 - fig. 1c - fig. 4 – fig. 1b – fig. 1a (largest)).
Re claims 9 - 11:
Bean does not explicitly disclose the permanent ink forming a handwriting guide.
Freeman et al. (US 2005/0106538 A1) teaches Apparatuses and methods are provided directed at teaching writing, such as printing, cursive, and calligraphy (Freeman, Abstract). Freeman teaches
9. The handwriting scoring tool of claim 1, further comprising: the permanent ink forming a handwriting guide. 10. The handwriting scoring tool of claim 9, further comprising: the handwriting scoring tool further comprising a plurality of guide dots, a plurality of arrow guides, a plurality of reference letters, and a plurality of number guides. 11. The handwriting scoring tool of claim 10, further comprising: the plurality of guide dots being positioned on each of the plurality of reference letters to indicate where to begin a stroke with a writing implement; the plurality of arrow guides being positioned adjacent to each of the plurality of reference letters to indicate what direction a stroke with a writing implement should take; and a number guide of the plurality of number guides being positioned adjacent to each of the plurality of arrow guides to indicate the order in which the strokes should be made(Freeman, figs. 6a – 6g; [0014], “the instructional stroke is a first instructional stroke, the starting point is a first starting point, and the user mark is a first user mark”; [0093], “The interactive learning apparatus 220 teaches the user the basics of writing letters of an alphabet by showing the user the stroke order of each letter on an erasable display 222”); the plurality of arrow guides being positioned adjacent to each of the plurality of reference letters to indicate what direction a stroke with a writing implement should take; and a number guide of the plurality of number guides being positioned adjacent to each of the plurality of arrow guides to indicate the order in which the strokes should be made (Freeman, figs. 6a – 6g; [0014], “the instructional stroke is a first instructional stroke, the starting point is a first starting point, and the user mark is a first user mark”; [0093], “The interactive learning apparatus 220 teaches the user the basics of writing letters of an alphabet by showing the user the stroke order of each letter on an erasable display 222”; figs. 11A – 11D). Freeman further teaches a handwriting scoring tool (Freeman, [0080]). Therefore, in view of Freeman, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the tool described in Bean, by providing the guide of the instructional stroke as taught by Freeman, since the user is provided with a start marker and stroke direction arrows for guidance. The user then traces the instructional strokes with the stylus (Freeman, [0072]).
Re claim 13:
13. The handwriting scoring tool of claim 12, further comprising: the at least one printed box comprising a first box, a second box, a third box, a fourth box, and a fifth box; wherein the first box is smaller than the second box; wherein the second box is smaller than the third box; wherein the third box is smaller than the fourth box; and wherein the fourth box is smaller than the fifth box (Bean, figs. 1a – 5; the figures cited include different size boxes; fig. 1d (smallest) – fig. 5 - fig. 1c - fig. 4 – fig. 1b – fig. 1a (largest)).
Re claim 14:
14. The handwriting scoring tool of claim 13, further comprising: wherein only the fifth box does not comprise a baseline aligner (Bean, fig. 1a does not include baseline aligner (midline)).
Re claim 15:
15. The handwriting scoring tool of claim 14, further comprising: wherein the baseline aligner of the fourth box is larger in comparison to the baseline aligner of the first box, second box, and third box (Bean, figs. 1a – 5; the figures cited include different size boxes; fig. 1d (smallest) – fig. 5 - fig. 1c - fig. 4 – fig. 1b – fig. 1a (largest)).
Re claim 16:
Bean does not explicitly disclose the permanent ink forming a handwriting guide.
Freeman et al. (US 2005/0106538 A1) teaches Apparatuses and methods are provided directed at teaching writing, such as printing, cursive, and calligraphy (Freeman, Abstract). Freeman teaches 16. The handwriting scoring tool of claim 12, further comprising: the plurality of guide dots being positioned on each of the plurality of reference letters to indicate where to begin a stroke with a writing implement; the plurality of arrow guides being positioned adjacent to each of the plurality of reference letters to indicate what direction a stroke with a writing implement should take; and a number guide of the plurality of number guides being positioned adjacent to each of the plurality of arrow guides to indicate the order in which the strokes should be made (Freeman, figs. 6a – 6g; [0014], “the instructional stroke is a first instructional stroke, the starting point is a first starting point, and the user mark is a first user mark”; [0093], “The interactive learning apparatus 220 teaches the user the basics of writing letters of an alphabet by showing the user the stroke order of each letter on an erasable display 222”). Therefore, in view of Freeman, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the tool described in Bean, by providing the guide of the instructional stroke as taught by Freeman, since the user is provided with a start marker and stroke direction arrows for guidance. The user then traces the instructional strokes with the stylus (Freeman, [0072]).
Re claim 18:
18. The handwriting scoring tool of claim 17, further comprising: the at least one printed box comprising a first box, a second box, a third box, a fourth box, and a fifth box; wherein the first box is smaller than the second box; wherein the second box is smaller than the third box; wherein the third box is smaller than the fourth box; and wherein the fourth box is smaller than the fifth box (Bean, figs. 1a – 5; the figures cited include different size boxes; fig. 1d (smallest) – fig. 5 - fig. 1c - fig. 4 – fig. 1b – fig. 1a (largest)).
Re claim 19:
19. The handwriting scoring tool of claim 18, further comprising: wherein only the fifth box does not comprise a baseline aligner (Bean, fig. 1a does not include baseline aligner (midline)).
Re claim 20:
20. The handwriting scoring tool of claim 19, further comprising: wherein the baseline aligner of the fourth box is larger in comparison to the baseline aligner of the first box, second box, and third box (Bean, figs. 1a – 5; the figures cited include different size boxes; fig. 1d (smallest) – fig. 5 - fig. 1c - fig. 4 – fig. 1b – fig. 1a (largest)).
Conclusion
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/JACK YIP/Primary Examiner, Art Unit 3715