DETAILED ACTION
Information Disclosure Statement
The 8,476,690 patent in the IDS does not match Levi (Issued 1907).
Claim Objections
Claim 9 is objected to because of the following informalities: the recitation “wherein when chain…” should read either “wherein when [the/said] chain…”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 9-15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Independent claim 9 recites “…the pop-up element moves from a first or flat position, to a second, raised position” which is unclear. Claim 9 recites “at least two pop-up elements”, including a “first pop-up element” and a “second pop-up element”, thus it is unclear which of the pop-up elements are being referenced.
Allowable Subject Matter
Claims 1-8 and 16-20 are allowed.
Claims 9-15 may be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
None of the cited prior art, below, anticipates or renders obvious all of the limitations of independent claims 1, 9, or 16, particularly a banner having a chain of links/panels, wherein the first and last link/panel includes loops/holding element, and the functionality of “wherein when the first and second panels are spaced apart and suspended from their respective hanging devices, the first and second pop-up elements move from a flat position to a raised position” (claim 1), with claims 9 and 16 reciting very similar language.
A chain having links/panels is known in the art, for example in Saccoman (Fr 2,833,519). Also, pop-up elements with similar constructions are known in the art, for example in Whittredge (US 5,383,292). There is no teaching however, of combination of the references. In Whittredge, like it other similar patents, the pop-up element is manually engaged by a user. Thus, there is no teaching of providing a pop-up element which utilizes the pull-device as a suspension device for a chain banner, in particular with the first and last panels/links.
Lucas (US 720,367), Bartels et al. (D250,101), Inventor (JP 3209973), and Schmidt (DE 20-2017-000-565), disclose similar inventions.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KYLE ROBERT GRABOWSKI whose telephone number is (571)270-3518. The examiner can normally be reached M-Th 8am-6pm.
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/KYLE R GRABOWSKI/Primary Examiner, Art Unit 3637
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