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 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.
Claims 1-5, 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over US 10220801 to Spencer (Spencer ‘801) in view of US 0359717 to Dreyfus.
Regarding claim 1, Spencer ‘801 teaches a vehicle plate comprising: a rectangular frame (14) configured to enclose a license plate (12); the frame (14) having two longer sides and two shorter sides; a central opening in the frame to display the license plate; at least one pass-through opening (space between adjacent dividing bars 30) on one of the sides of the frame; a cavity (channel 26) within at least one of the longer sides of the frame; and a plate (ornaments 28 with links 38 therebetween) insertable into the cavity (26), wherein the plate is configured to display high relief shapes. Spencer teaches “[a]ny number of types of ornaments are possible, including ornaments that look like pearls, diamonds, or other gems. It is preferable that the ornaments be of a size and shape that will fit completely within the edges of the frame's channel” (column 2, lines 27-31).
PNG
media_image1.png
374
512
media_image1.png
Greyscale
Dreyfus teaches an initial stone comprising an initial D made of a gemstone knowns as “tiger-eye” or “tiger-stone” (column 1, line 16-19) tiger-eye gemstone in the shape of the initial “R”.
PNG
media_image2.png
276
452
media_image2.png
Greyscale
Since Spencer ‘801 teaches the ornament can be any number of types of ornaments such as ornaments that look like pearls, diamonds, or other gems and can of a size and shape that will fit completely within the edges of the frame's channel, it would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct ornament that looks like a gem taught by Spencer in the shape of an initial gemstone as taught by Dreyfus with a reasonable expectation of success to provide a means to enhance the aesthetic appearance of the license plate frame and/or to convey a message to the viewer.
Regarding claim 2, since the applicant does not disclose that the high relief shapes represent alphanumeric symbols solves any stated problem or is for any particular purpose, it appears that constructing the high relief shapes of the plate taught by Spencer ‘801 of any suitable shape would perform equally well in enhancing the aesthetic appearance of the frame. It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct plate insertable into the cavity of license plate taught by Spender ‘801 of any suitable shape with a reasonable expectation of success to provide a decorative means to enhance the aesthetic appearance of the license plate.
Regarding claim 3, Spencer‘801 teaches at least one of the shorter sides is configured to be as wide as the longer sides to receive a shape.
Regarding claim 4, Spencer ‘801 teaches the shape is a logo.
Regarding claim 6, Spencer ‘801 teaches the frame and the high relief shapes are available in various colors.
Regarding claim 7, Spencer ‘801 teaches the frame allows for customizable color combinations of the frame and the high relief shapes.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over US 10220801 to Spencer (Spencer ‘801) in view of US 0359717 to Dreyfus and applied above and in further view of US 8938896 to Spencer et al. (Spencer ‘896).
Regarding claim 5, Spencer ‘801 does not teach a tab with a threaded hole for the attachment of the logo via a mechanical fastener.
Spencer ‘896 teaches a license plate frame 31 configured to enclose a license plate (figure 14); the frame (31) having two longer sides and two shorter sides; a central opening in the frame to display the license plate. Spencer ‘896 also teaches at least one tab (connection points 34) with a threaded hole for the attachment of the logo (faceplate 37 of the fastener cover 30) via a mechanical fastener (33).
PNG
media_image3.png
238
342
media_image3.png
Greyscale
PNG
media_image4.png
478
546
media_image4.png
Greyscale
It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct license plate taught by Spender ‘801 with a tab for attaching a decorative item such as a logo as taught by Spence ‘896 with a reasonable expectation of success to provide to enhance the aesthetic appearance of the license plate.
Claims 1-5, 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over US 10220801 to Spencer (Spencer ‘801) in view of Diamond Side Stones (2022 November 28) https://web.archive.org/web/20221128115226/https://leonmege.com/side-stones/.
Regarding claim 1, Spencer ‘801 teaches a vehicle plate comprising: a rectangular frame (14) configured to enclose a license plate (12); the frame (14) having two longer sides and two shorter sides; a central opening in the frame to display the license plate; at least one pass-through opening (space between adjacent dividing bars 30) on one of the sides of the frame; a cavity (channel 26) within at least one of the longer sides of the frame; and a plate (ornaments 28 with links 38 therebetween) insertable into the cavity (26), wherein the plate is configured to display high relief shapes. Spencer teaches “[a]ny number of types of ornaments are possible, including ornaments that look like pearls, diamonds, or other gems. It is preferable that the ornaments be of a size and shape that will fit completely within the edges of the frame's channel” (column 2, lines 27-31).
Diamond Side Stones teaches an Epaulette cut diamond. Diamond Side Stones teaches epaulette are “sometime called Cadi or Cadillac because they resemble the Cadillac emblem/loge.
PNG
media_image5.png
262
604
media_image5.png
Greyscale
Since Spencer ‘801 teaches the ornament can be any number of types of ornaments such as ornaments that look like pearls, diamonds, or other gems and can of a size and shape that will fit completely within the edges of the frame's channel, it would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct ornament that looks like a gem taught by Spencer having the epaulettes cut as taught by Diamond Side Stones with a reasonable expectation of success to provide a means to enhance the aesthetic appearance of the license plate frame and/or to convey a message to the viewer.
Regarding claim 2, since the applicant does not disclose that the high relief shapes represent alphanumeric symbols solves any stated problem or is for any particular purpose, it appears that constructing the high relief shapes of the plate taught by Spencer ‘801 of any suitable shape would perform equally well in enhancing the aesthetic appearance of the frame. It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct plate insertable into the cavity of license plate taught by Spender ‘801 of any suitable shape with a reasonable expectation of success to provide a decorative means to enhance the aesthetic appearance of the license plate.
Regarding claim 3, Spencer‘801 teaches at least one of the shorter sides is configured to be as wide as the longer sides to receive a shape.
Regarding claim 4, Spencer ‘801 teaches the shape is a logo.
Regarding claim 6, Spencer ‘801 teaches the frame and the high relief shapes are available in various colors.
Regarding claim 7, Spencer ‘801 teaches the frame allows for customizable color combinations of the frame and the high relief shapes.
Response to Arguments
Applicant's arguments filed September 30, 2025 have been fully considered but they are not persuasive.
The applicant argue Spencer does not teach the claimed invention.
The applicant argues the “Logo pass-through openings specifically configured for vehicle branding integration”, whereas “Spencer's "pass-through openings" are merely spaces between decorative dividing bars (30) that separate adjacent ornaments (28), not openings designed for logo display”.
The examiner disagrees.
The claim recites “at least one logo pass-through opening on one of the sides of the frame, specifically configured to allow underlying vehicle logos and symbols to pass through and become visible for vehicle branding integration” and “a logo display plate insertable into the cavity, wherein the plate is configured to display high relief alphanumeric symbols and logos for vehicle branding purposes”. The claims does not positively recite the high relief alphanumeric symbol and logo. The claim recites “a logo display plate insertable into the cavity, wherein the plate is configured to display high relief alphanumeric symbols and logos for vehicle branding purposes”. Since the claims does not positively recite a specific shape, the limitations to the shape of the relief symbol or logo is considered to be a design consideration. In addition, the examiner considers the shape of the gems taught by Spencer to correspond to the high relief symbol and logo.
The applicant argues the Spencer does not teach a “cavity and insertable logo display plate system”. The applicant contends “Spencer teaches ornaments (28) placed in a channel (26) with a retaining ring (32), but not a cavity specifically designed for insertable logo display plates”.
The examiner disagrees.
As stated above, the claim does not specifically claim the structure of the “insertable logo display plates”. The examiner contends the ornaments (28) placed in a channel (26) with a retaining ring (32) correspond to the claimed insertable logo display plates.
Regarding claim 2, the applicant argues the Spencer does not teach a “High relief alphanumeric symbols and logos for vehicle branding purposes.” The applicant contends “Spencer's ornaments are decorative beads/pearls, not alphanumeric symbols or logos”.
The examiner disagrees. The claim recites “the plate is configured to display high relief alphanumeric symbols and logos for vehicle branding purposes”. The claim does not positively claim the plate comprising high relief alphanumeric symbols and logos. Since the claim does not specifically claim the structure of the insertable logo display plates comprising “high relief alphanumeric symbols and logos”, this limitation is considered a design consideration. Nevertheless, the examiner considers the shape of the ornaments of Spencer to correspond to the “high relief alphanumeric symbols and logos”.
The amended claims are now rejection over US 10220801 to Spencer (Spencer ‘801) in view of US 0359717 to Dreyfus or Diamond Side Stones. Dreyfus teaches a gemstone can be formed in the shape of an initial, wherein the initial corresponds to the claim “high relief alphanumeric symbols and logos”. Dreyfus teaches the gemstone can be cut to resemble the Cadillac emblem or logo.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Epaullete Cut Diamond Size Chart, (2023, February 23, 2023) https://web.archive.org/web/20230222231452/https://diamondsizecharts.com/epaullete-cut-diamond-size-chart/#expand. Epaullete is cited show a gemstone/diamond cut to resemble the Cadillac® logo.
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 CASSANDRA DAVIS whose telephone number is (571)272-6642. The examiner can normally be reached Monday-Friday 8:00 AM-4:30 PM.
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, Jonathan Liu can be reached at 571-272-8227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/CASSANDRA DAVIS/Primary Examiner, Art Unit 3631