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 .
Election/Restrictions
Applicant’s election without traverse of Group 1, claims 21 and 23 in the reply filed on June 30, 2025 is acknowledged.
Claim Rejections - 35 USC § 102
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 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.
Claims 21 and 23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Facini. Facini discloses in the Figures and specification (see in particular col. 3, lines 10-25 and col. 4, lines 20-23) a modular frame configured to hold a geometric sold comprising a first frame element 2 and a second frame element 16, where frame element 2 is configured to cover a first (lower) portion of a geometric shape and frame element 16 is configured to cover a second (upper) portion of a geometric shape. Facini further discloses at col. 4, lines 20-23 a coupler configured to couple the first and second frame elements together (“a cover 16 is provided around base 11 of setting frame 2 by snappable attachment”).
With respect to claim 2, Facini discloses the recited method of mounting the geometric solid to the modular frame. Concerning the solid having a tetrahedral shape, Facini discloses at col. 4, lines 24-28 that the modular frame device is configurable to “accommodate all varieties of settings and shapes of gemstones”. Concerning the geometric solid being “securely mounted” to the frame, Facini further discloses at col. 3, lines 21-23 that the modular frame is configured to “lock the gemstone in place”.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KURT FERNSTROM whose telephone number is (571)272-4422. The examiner can normally be reached M-F 10-6.
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/KURT FERNSTROM/Primary Examiner, Art Unit 3715
November 26, 2025