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 § 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.
Claims 1-6, 11, 13, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Erwin (GB2598425) in view of Arnold (U.S. Pub. No. 20090211123).
With respect to claim 1, Erwin discloses a modular panel system, comprising: a first panel (see modified Fig. 19 below, first panel); a second panel (see modified Fig. 19 below, second panel) removably connected to the first panel (Fig. 19, first and second panels connected via connectors 1950, 1952, 1954, 1956); wherein each of the first and second panels includes end edge portions spaced apart from one another to define a panel length (see modified Fig. 19 below, end portions), and lateral edge portions spaced apart from one another to define a panel width (see modified Fig. 19 below, lateral portions) with each of the lateral edge portions extending from one of the end edge portions to the other of the end edge portions (Fig. 19, lateral edges extend between end edge portions), wherein the panel length and panel width of the second panel (Fig. 19 second panel) are, respectively, the same as the panel length and panel width of the first panel (Fig. 19, first and second panels are identical), wherein the first and second panels are configured to be removably coupled to one another (first and second panels coupled via connectors 1950, 1952, 1954, 1956) by having respective edge portions of each of the first and second panels (Fig. 19, lateral edges of first and second panels) arranged longitudinally adjacent to one another and removably coupled together (Specification, Page 29, lines 24-25, “panels comprising connectors housing cylindrical diametric magnets have been connected to each other”), wherein at least the first panel includes a magnetic connector (Specification, Page 29, lines 25-26, “connectors 1950, 1952, 1954 and 1956 houses two cylindrical diametric magnets”).
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Modified Fig. 19
In another embodiment, Erwin discloses an auxiliary member (Fig. 8, blanket attachment 864) having magnetic corner connectors (Page 21, lines 22-24, “connection points 856, 858, 860 and 862 may comprise connections made using magnets housed inside blanket attachment 864”) disposed, respectively, at corner portions of the auxiliary panel member (corner portions of blanket attachment 864) capable of being coupled in a stacked configuration with the first panel (Page 8, lines 22-23, ‘when the panels are stacked on top of each other, the at least one magnet of each panel secures the panels to each other”), but fails to disclose the auxiliary panel member is one of a whiteboard, chalkboard or pinboard.
Arnold discloses an auxiliary panel member (Fig. 2, device 200) having magnetic corner connectors (Paragraph 0040, “attachment means 215 can comprise rare earth magnets”), and the auxiliary panel member is one of a whiteboard (Paragraph 0044, “the coating can provide a smooth, non-porous surface that enables the use of dry erase markers”), chalkboard or pinboard.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the panels of Erwin to include a magnetic dry erase auxiliary panel such as taught by Arnold in order to provide a removable writing surface for users to draw on, customizing the panel play set to each user’s preference, and to further be easily removable for repositioning or storage.
With respect to claim 2, Erwin in view of Arnold discloses the limitation set forth above. Erwin further discloses wherein the magnetic connector (Specification, Page 29, lines 25-26, “connectors 1950, 1952, 1954 and 1956 houses two cylindrical diametric magnets”) disposed at a corner portion of the first panel (Fig. 19, connector 1950 on bottom-left corner of first panel) where one of the end edge portions connects to one of the lateral edge portions (Fig. 19, end edge and lateral edge meet at corner of first panel).
With respect to claim 3, Erwin in view of Arnold discloses the limitation set forth above. Erwin further discloses wherein the magnetic connector (Fig. 19, connector 1950) is a first magnetic connector and the corner portion is a first corner portion (Fig. 19, connector 1950 on bottom-left corner of first panel), and wherein the modular panel system (Fig. 19, first and second panel) includes a second magnetic connector (connector 1954) disposed at a second corner portion of the first panel (Fig. 19, connector 1954 on bottom-right corner of first panel).
With respect to claim 4, Erwin in view of Arnold discloses the limitation set forth above. Erwin further discloses wherein the first and second magnetic connectors (connectors 1950 and 1954) are disposed at the first and second corner portions disposed at opposite ends of one of the lateral edge portions (Fig. 19, 1950 and 1954 on left and right corners along lower lateral edge).
With respect to claim 5, Erwin in view of Arnold discloses the limitation set forth above. Erwin further discloses wherein the first and second magnetic connectors (see modified Fig. 19 below) are disposed at the first and second corner portions disposed at opposite ends of one of the end edge portions (Fig. 19, first and second connectors on top and bottom corners along left end edge).
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Modified Fig. 19
With respect to claim 6, Erwin in view of Arnold discloses the limitation set forth above. Erwin further discloses a third magnetic connector (see modified Fig. 19 below, third connector) disposed at a third corner portion of the first panel and a fourth magnetic connector (fourth connector) disposed at a fourth corner portion of the first panel.
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Modified Fig. 19
With respect to claim 11, Erwin in view of Arnold discloses the limitation set forth above. Erwin further discloses wherein the second panel (Fig. 19, second panel) includes a second panel magnetic connector (connector 1952) disposed at a corner portion of the second panel (Fig. 19, connector 1952 on top-left corner of second panel) wherein of the end edge portions of the second panel connects to one of the lateral edge portions of the second panel (Fig. 19, end edge and lateral edge meet at corner of second panel).
With respect to claim 13, Erwin in view of Arnold discloses the limitation set forth above. Erwin further discloses the first and second panel materials may be foam (Specification, Page 29, lines 20-21, “the panel material 1836 may be made of any suitable material such as foam”). Arnold further discloses the auxiliary panel member (Fig. 2, device 200), the material of the auxiliary panel (Abstract, “The board element can include a piece of sheet steel or a composite of sheet steel”) being reasonably thinner than the material of the first and second panels (Erwin, panel material 1836 is a rigid foam).
With respect to claim 20, Erwin discloses a modular panel method, comprising: providing a first panel (Fig. 8, panel 850) defined by first panel edge portions including first panel end edge portions (top and bottom edges of panel 850) spaced apart from one another to define a first panel length (length of panel 850), and including first panel lateral edge portions (left and right edges of panel 850) spaced apart from one another to define a first panel width (width of panel 850) and each extending from one of the first panel end edge portions to the other of the first panel end edge portions (Fig. 8, left and right edges of panel 850 extend from top to bottom edges of panel 850), wherein the first panel (850) includes at least one first magnetic connector for connection of an associated auxiliary component (Specification, Page 22, lines 4-6, “the blanket attachment can be magnetically attached to magnets house inside the panels of the system, such as panel 850, 852 and/or panel 854”); providing a second panel (panel 854) defined by second panel edge portions including second panel end edge portions (top and bottom edges of panel 854) spaced apart from one another to define a second panel length (length of 854), and including second panel lateral edge portions (left and right edges of panel 854) spaced apart from one another to define a second panel width (width of panel 854), and each extending from one of the second panel end edge portions to the other of the second panel end edge portions (Fig. 8, left and right edges of panel 854 extend from top to bottom edges of panel 854), wherein the second panel length is the same as the first panel length and the second panel width is the same as the first panel width (panels 850 and 854 are identical), wherein the second panel (854) includes at least one second magnetic connector for connection of the associated auxiliary component (Specification, Page 22, lines 4-6, “the blanket attachment can be magnetically attached to magnets house inside the panels of the system, such as panel 850, 852 and/or panel 854”) or another associated auxiliary component, removably coupling the first panel and the second panel together (Fig. 8 shows panels 850 and 854 coupled) by having one of the first panel (850) edge portions disposed longitudinally adjacent one of the second panel (854) edge portions and removably coupling the first panel edge portion and the second panel edge portion together (Fig. 8 shows panels 850 and 854 longitudinally adjacent and coupled via “magnets house inside the panels of the system”) and providing an auxiliary panel member (Fig. 8, blanket attachment 864) having magnetic corner connectors (Page 21, lines 22-24, “connection points 856, 858, 860 and 862 may comprise connections made using magnets housed inside blanket attachment 864”) disposed, respectively, at corner portions of the auxiliary panel member (corner portions of blanket attachment 864) to enable the auxiliary panel member to be coupled in a stacked configuration with the first panel (Page 8, lines 22-23, ‘when the panels are stacked on top of each other, the at least one magnet of each panel secures the panels to each other”).
Erwin fails to disclose the auxiliary panel member is one of a whiteboard, chalkboard or pinboard.
Arnold discloses an auxiliary panel member (Fig. 2, device 200) having magnetic corner connectors (Paragraph 0040, “attachment means 215 can comprise rare earth magnets”), and the auxiliary panel member is one of a whiteboard (Paragraph 0044, “the coating can provide a smooth, non-porous surface that enables the use of dry erase markers”), chalkboard or pinboard.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the panels of Erwin to include a magnetic dry erase auxiliary panel such as taught by Arnold in order to provide a removable writing surface for users to draw on, customizing the panel play set to each user’s preference, and to further be easily removable for repositioning or storage.
Claims 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Erwin (GB2598425) in view of Arnold (U.S. Pub. No. 20090211123) in further view of Klein (U.S. Pat. No. 10561215).
With respect to claim 7, Erwin in view of Arnold discloses the limitation set forth above except a removable connector disposed on a first planar side of the first panel.
Klein discloses a removable connector (Col. 5, lines 1-2, surfaces 102 and 104 including loops, felt, or nap material that can be restrained by the hook surfaces) disposed on a first planar side (Fig. 1A, front surface 102) of the first panel (panel 100).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the first panel of Erwin in view of Arnold to include a loop material such as taught by Klein in order to quickly and easily attach items with hook material such as a storage pouch as taught by Klein and to further easily adjust or remove the items.
With respect to claim 8, Erwin in view of Arnold in further view of Klein discloses the limitation set forth above. The combination (Klein) further discloses the removable connector is one of a hook and loop fastener (Col. 5, lines 1-2, surfaces 102 and 104 including loops, felt, or nap material that can be restrained by the hook surfaces).
With respect to claim 9, Erwin in view of Arnold in further view of Klein discloses the limitation set forth above. The combination (Klein) further discloses the removable connector is a non-magnetic removable (Col. 5, lines 1-2, surfaces 102 and 104 including loops, felt, or nap material that can be restrained by the hook surfaces) connector disposed at or near a central area of the first panel (Fig. 1A, surfaces 102 and 104 cover the center of panel 100).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Erwin (GB2598425) in view of Arnold (U.S. Pub. No. 20090211123) in further view of Schrader (U.S. Pat. No. 10494834).
With respect to claim 14, Erwin in view of Arnold discloses the limitation set forth above except further including an auxiliary member having a magnetic connector for removably coupling to the first panel and the second panel.
Schrader discloses an auxiliary member (Figs. 4 and 5, magnetic handle 30) having a magnetic connector (magnetic inserts 42 and 46) for removably coupling to a panel (Col. 4, lines 3-5, “the inserted portions 42 and 46 are readily available for securing to the metal surface of any garage, or other door”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the panels of Erwin in view of Arnold to include a magnetic handle such as taught by Schrader in order to provide an easily attachable way to grip and hold panels and to further provide a customized decorative look to the panel play set.
Claims 15, 16 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Erwin (GB2598425) in view of Schrader (U.S. Pat. No. 10494834).
With respect to claim 15, Erwin discloses a modular panel system kit, comprising: a first panel (see modified Fig. 19 below, first panel) defined by first panel edge portions including first panel end edge portions (Fig. 19, end edges of first panel) spaced apart from one another to define a first panel length (length of first panel), and including first panel lateral edge portions (Fig. 19, lateral edges of first panel) spaced apart from one another to define a first panel width (width of first panel) and each extending from one of the first panel end edge portions to the other of the first panel end edge portions (Fig. 19, lateral edges extend between end edges of first panel); and a second panel (see modified Fig. 19 below, second panel) defined by second panel edge portions including second panel end edge portions (Fig. 19, end edges of second panel) spaced apart from one another to define a second panel length (length of second panel), and including second panel lateral edge portions (Fig. 19, lateral edges of second panel) spaced apart from one another to define a second panel width (width of second panel) and each extending from one of the second panel end edge portions to the other of the second panel end edge portions (Fig. 19, lateral edges extend between end edges of second panel); wherein the second panel length is the same as the first panel length and the second panel width is the same as the first panel width (Fig. 19, first and second panels are identical), wherein the first and second panels have an assembled stated (Fig. 19 shows first and second panels in an assembled state) where the first and second panels are removably coupled to one another (first and second panels coupled via connectors 1950, 1952, 1954, 1956) by having one of the first panel edge portions disposed longitudinally adjacent one of the second panel edge portions and removably coupled thereto (Fig. 19, lateral edges of first and second panels are coupled together), wherein the first panel includes at least one first magnetic connector (connector 1950), and wherein the second panel includes at least one second magnetic connector (connector 1952), and wherein the first and second panels have a disassembled state where the first and second panels are in a stacked configuration (Page 8, lines 22-23, ‘when the panels are stacked on top of each other, the at least one magnet of each panel secures the panels to each other”).
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Modified Fig. 19
Erwin fails to disclose an auxiliary member having a magnetic connector for removably coupling to one of the first panel and the second panel when the first and second panels are in the disassembled state, the auxiliary member configured to aid in transportation of the first and second panels in the disassembled state.
Schrader discloses an auxiliary member (Figs. 4 and 5, magnetic handle 30) having a magnetic connector (magnetic inserts 42 and 46) capable of removably coupling to panels (Col. 4, lines 3-5, “the inserted portions 42 and 46 are readily available for securing to the metal surface of any garage, or other door”) when the panels are in the disassembled state, the auxiliary member (magnetic handle 30) capable of aiding in transportation of the panels (magnetic inserts 42 and 46 couple to a panel surface, gripping area 32 allow for gripping/holding the handle 30 during transportation).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the panels of Erwin to include a magnetic handle such as taught by Schrader in order to provide an easily attachable way to grip and hold panels and to further provide a customized decorative look to the panel play set.
With respect to claim 16, Erwin in view of Schrader sets forth the limitation above. Erwin further discloses wherein the first magnetic connector (Fig. 19, connector 1950) is disposed at a corner portion of the first panel (connector 1950 on bottom-left corner of first panel) where one of the end edge portions connects to one of the lateral edge portions (end and lateral edges of first panel meet at bottom-left corner), and the second magnetic connector (connector 1952) is disposed at a corner portion of the second panel (connector 1952 on top-left corner of second panel) where one of the end edge portions connects to one of the lateral edge portions (end and lateral edges of second panel meet at top-left corner).
With respect to claim 18, Erwin in view of Schrader sets forth the limitation above. In a second embodiment, Erwin further discloses an auxiliary panel member (Fig. 8, blanket attachment 864) having at least one magnetic corner connector (Page 21, lines 22-24, “connection points 856, 858, 860 and 862 may comprise connections made using magnets housed inside blanket attachment 864”) to enable the auxiliary panel member to be coupled in a stacked configuration with one of the first panel and the second panel (Page 8, lines 22-23, ‘when the panels are stacked on top of each other, the at least one magnet of each panel secures the panels to each other”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to include the blanket attachment of the second embodiment of Erwin on the panels of Erwin in view of Schrader in order to provide an easily removable, flexible attachment that may act as a door or a shade-providing awning, and to further provide customization to the play panel set based on the user’s preference.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Erwin (GB2598425) and Schrader (U.S. Pat. No. 10494834) in view of Zhu (U.S. Pat. No. 20180142718) in further view of Christiansen (U.S. Pat. No. 20030172493).
With respect to claim 17, Erwin in view of Schrader discloses the limitation set forth above except at least one coupling device for coupling the first and second panels to one another; and at least one leg attachment member including a pair of telescoping legs.
Zhu discloses at least one coupling device (Fig. 3, clamp 15) for coupling the first and second panels to one another (Fig. 2, front plate 11 and side plate 13 coupled via clamp 15).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the panel assembly of Erwin and Schrader to include a clamp such as taught by Zhu in order to easily and securely couple the panels together when in use, and to quickly decouple the panels for easy disassembly and storage.
Erwin in view of Schrader in further view of Zhu fails to disclose at least one leg attachment member including a pair of telescoping legs.
Christiansen discloses at least one leg attachment member (Fig. 1, connecting rod 6) including a pair of telescoping legs (folding legs 2).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention when modifying the panel assembly of Erwin in view of Schrader in further view of Zhu to further include a pair of telescopic legs in order to easily adjust the height of a horizontal panel and to further support a load such as the weight of a user seated on the panel.
Response to Arguments
Applicant’s arguments filed on 8/28/2025 have been fully considered but they are not persuasive.
Regarding applicant’s response to rejections under 35 U.S.C § 102:
Independent claims 1, 15, and 20 have been amended to overcome the rejection, however claims 1, 15, and 20 have been rejected under 35 U.S.C § 103 as mapped in the rejection above.
Claim 1: In response to applicant’s argument that independent claim 1 has been amended to include limitations of claim 12 and 13, and the prior art of Erwin in view of Hunckler fails to teach an auxiliary panel member (Hunckler, fabric panel 40) “being of whiteboard, chalkboard or pinboard, and there is no suggestion in Hunckler to make such a modification of the sunshade,” the examiner notes that the limitation of the auxiliary panel member “being of a whiteboard, chalkboard or pinboard” is a new limitation because it only includes a partial limitation of claim 13 and further limits the panel from being a fabric or decorative panel as previously claimed.
Erwin alone fails to teach the limitation of amended claim 1, however Erwin in view of Arnold teaches this limitation. It would be obvious to include a magnetic dry ease panel such as taught by Arnold with the panel play set of Erwin. Erwin discloses several embodiments of the panel playset that include different panel types for providing several ways to build and customize a play house or fort including: hexagonal and triangular panels (Fig. 3, panels 309 and 313) and a blanket attachment (Fig. 8, blanket attachment 864). A magnetic dry erase panel such as taught by Arnold would be obvious to include in the play set to provide a removable writing surface for users to draw on, customizing the panel play set to each user’s preference, and to further be easily removable for repositioning or storage.
Claim 15: In response to applicant’s argument that independent claim 15 has been amended to include the limitation of claim 19, and Erwin alone or in combination with the alternate embodiment of Erwin does not teach an auxiliary panel member “configured to aid in transportation of the panels in a disassembled state,” the examiner notes that claim 15 has been amended to include more than the limitation of canceled claim 19. The limitation of an “auxiliary member… configured to aid in transportation” is a new limitation not previously claimed.
Erwin alone fails to teach the limitation of amended claim 15, however Erwin in view of Schrader teaches this limitation. It would be obvious to include a magnetic handle such as taught by Schrader with the panel play set of Erwin. Erwin discloses auxiliary members (magnetic blanket attachment 864) for building and customizing the play house or fort. A magnetic handle such as taught by Schrader would be obvious to include in order to provide an easily attachable way to grip and hold panels and to further provide a customized decorative look to the panel play set.
Claim 20: Independent claim 20 has been amended to include the new limitation of providing an auxiliary panel member that is a whiteboard, chalkboard, or pinboard. The examiner notes this limitation has not previously been claimed.
Erwin alone fails to teach the limitation of amended claim 20, however Erwin in view of Arnold teaches this limitation. It would be obvious to include a magnetic dry ease panel such as taught by Arnold with the panel play set of Erwin. Erwin discloses several embodiments of the panel playset that include several different panel types for providing several ways to build and customize a play house or fort including: hexagonal and triangular panels (Fig. 3, panels 309 and 313) and a blanket attachment (Fig. 8, blanket attachment 864). A magnetic dry erase panel such as taught by Arnold would be obvious to include in the play set to provide a removable writing surface for users to draw on, customizing the panel play set to each user’s preference, and to further be easily removable for repositioning or storage.
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 ELIZABETH IRENE ARTALEJO whose telephone number is (571)272-4292. The examiner can normally be reached M-F 8-6.
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, Daniel Troy can be reached at (571) 270-3742. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/E.I.A./Examiner, Art Unit 3637 /JANET M WILKENS/ Primary Examiner, Art Unit 3637
Prosecution Insights