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 of claims 1-11 in the reply filed on 07/03/2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claim 12 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group of the invention, there being no allowable generic or linking claim.
Information Disclosure Statement
The listing of references in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered.
Claim Objections
Claims 7-9 and 11 are objected to because of the following informalities:
Claims 7-9 and 11 recite “whereby when the flexible mat is in the unrolled flat state it is configured to magnetically couple…”, wherein it appears a comma is missed between “state” and “it”.
Claim 7 recites “whereby when the flexible mat is in the rolled-up state the mat magnetic objects”, wherein it appears a comma is missed between “state” and “the”.
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 1-11 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.
Claim 1 recites “a thickness for the pliable material”, in 12th line, which renders the claim vague and indefinite. Prior to cited limitation, claim 1, in 1st line, already recites “a thickness of a pliable material” and it is not clear if the cited limitation, in 12th line, refers to previously cited limitation, in 1st line, or refers to a new “thickness” for the “pliable material”. Does the citation, in 12th line, meant to be “the thickness for the pliable material”.
Claim 6 recites “a magnetic material or a ferromagnetic material”, in lines 4th-5th lines,
which renders the claim vague and indefinite. Prior to cited limitation, claim 6, in 2nd – 3rd lines, already recites “a magnetic material or a ferromagnetic material” and it is not clear if the cited limitation, in 4th – 5th line, refers to previously cited limitation, in 2nd – 3rd lines, or refers to a new “a magnetic material or a ferromagnetic material”. Clarification is required.
Claims 7-9 and 11 recite “a thickness for the pliable material”, in 5th line, which renders the claim vague and indefinite. Prior to cited limitation, in 1st line of claim 1, already recites “a thickness of a pliable material” and it is not clear if the cited limitations, in claims 7-8, refer to previously cited limitation, in 1st line of claim 1, or refer to a new “thickness” for the “pliable material”. Do the citations, in claims 7-8, meant to be “the thickness for the pliable material”.
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.
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 non-obviousness.
Claims 1-11 are rejected under 35 U.S.C. 103 as being unpatentable over Byrne (US 9,648,986) in view of Serembe (US 3,746,992).
Byrne (US ‘986) discloses a food preparation system comprising: a mat (100) including a deformable material permitting a first portion of the mat (100) to be folded onto a second portion of the mat (100), wherein the mat (100) is planar; and at least one utensil (200) defining a height, the at least one utensil (200) being position-able between the first and second portions of the mat (100) such that a food product positioned between the first and second portions of the mat can be flattened to a thickness approximately equivalent to the height of the at least one utensil by applying a rolling force to the mat (100), wherein the at least one utensil (200) includes a first utensil (300A) and a discrete second utensil (300B), wherein the first utensil (300A) and the discrete second utensil (300B) includes a pair of first utensils and a pair of second utensils, respectively, configured and dimensioned for arrangement in a vertically stacked orientation on top of one another. (see column 6, lines 59-67 and column 7, lines 1-15)
[AltContent: textbox (A magnetic rolling system (1000))][AltContent: textbox (A rolling mat (100))][AltContent: textbox (Rolling pin spacers (200, 300A, 300B))][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow]
PNG
media_image1.png
397
559
media_image1.png
Greyscale
[AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow]
PNG
media_image2.png
390
348
media_image2.png
Greyscale
[AltContent: arrow][AltContent: arrow][AltContent: textbox (A spacer top planar surface (300A))]
[AltContent: textbox (A plurality of spacer magnetic objects (302A, 302B))]
[AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow]
[AltContent: arrow][AltContent: textbox (A spacer bottom planar surface (300B) )][AltContent: textbox (Rolling pin spacers (200))]
PNG
media_image3.png
222
349
media_image3.png
Greyscale
Further, Byrne (US ‘986) disclose the utensils 300A may include one or more projections 304A positionable within one or more corresponding recesses 304B formed in the utensils 300B to temporarily secure the utensils 300A, 300B together. It should be appreciated that the projections 304A and recesses 304B may assume any configuration suitable for the intended purpose of temporarily securing together the utensils 300A, 300B, such as ribs, channels, or the like. Additionally, or alternatively, it is envisioned that the corresponding engagement structures 302A, 302B may include one or more magnets, or any other (food grade) structure facilitating connection of the utensils 300A, 300B. (see column 5, lines 32-44)
Therefore, as to claim 1, Byrne (US ‘986) discloses a magnetic rolling system (a food preparation system 1000, col. 3, 2nd parag, lines 1-3) for defining a thickness of a pliable material (food products “F”, col. 3, 3rd parag, lines 23-25), the magnetic rolling system (1000) comprising:
-a rolling mat (100, col. 3, 3rd parag, lines 1-3) comprising a flexible mat (a mat including a food grade, deformable material inhibiting adhesion between the food product and the mat, col. 2, lines 18-22) having a mat top planar surface (the mat 100 may be formed from a layer 102 of clear, flexible vinyl that is positioned between layers 104A, 104B of silicone sulfide, col. 3, lines 37-40, Fig. 2) and a mat bottom planar surface;
-a plurality of rolling pin spacers (a first pair of utensils 300A and a second pair of utensils 300B, col. 5, lines 14-19) each having a spacer top planar surface (a first pair of utensils 300A, col. 5, lines 20-31) and a spacer bottom planar surface (a second pair of utensils 300B, col. 5, lines 20-31); and
-the plurality of rolling pin spacers (a first pair of utensils 300A and 300B, col. 5, lines 29-31) having a plurality of spacer magnetic objects (the corresponding engagement structures 302A, 302B may include one or more magnets, col. 5, lines 41-43) embedded in the spacer top planar surface (300A, col. 5, lines 29-31) and in the bottom planar surface (300B, col. 5, lines 32-44), respectively.
However, Byrne (US ‘986) fails to disclose if the flexible mat (100) has a plurality of mat magnetic objects embedded below the mat top planar surface (104A, 104B), wherein the plurality of mat magnetic objects (302A, 302B) of the rolling pin spacers (300A, 300B), respectively, magnetically couple at least one of the rolling pin spacers (300A, 300B) to the flexible mat (100), as claimed in claim 1.
[AltContent: textbox (A flexible mat (20a))]In the same field of endeavor, Serembe (US 3,746,992) discloses a magnetic plate (20) comprising an upper layer (20a) of non-ferrous and non-magnetic material, said upper layer (20a) having an upper face adapted to form the drawing work surface, and a lower layer (20b) comprising a plurality of co-planarly and evenly arranged and relatively closely spaced permanent magnets (22) and magnetically permeable components having portions located between said magnets (22), to provide on the said work surface a plurality of evenly arranged and closedly spaced spots of alternate opposite magnetic polarity, whereby a ferrous strip, superimposed on said work surface and bridging at least two adjacent spots of opposite polarity, can close a magnetic circuit therebetween and be subject to a substantial magnetic attraction urging said strip (18) and a drawing paper located below said strip (18) on said work surface.
[AltContent: arrow][AltContent: arrow][AltContent: textbox (A flexible mat (20a) )][AltContent: arrow][AltContent: arrow][AltContent: textbox (Rolling spacers (18))][AltContent: textbox (A magnetic board (12) )][AltContent: arrow]
PNG
media_image4.png
127
227
media_image4.png
Greyscale
[AltContent: textbox (A flexible mat (20a))][AltContent: textbox (A plurality of magnetic objects (22) below the mat top planar surface (20a))][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow]
PNG
media_image5.png
264
230
media_image5.png
Greyscale
[AltContent: arrow][AltContent: arrow]
PNG
media_image6.png
138
158
media_image6.png
Greyscale
[AltContent: arrow]
PNG
media_image7.png
137
138
media_image7.png
Greyscale
Therefore, as to claim 1, Serembe (US ‘992) discloses the flexible mat (an upper lamina 20a of plastic sheeting, col. 3, lines 62-65) has a plurality of mat magnetic objects (parallel strips 22 functioning as magnet means consisting of a ferrite containing composition such as a commercially available rubber based magnetic composition, col. 4, lines 11-14) embedded below the mat top planar surface (an upper lamina 20a of plastic sheeting, col. 3, lines 62-65), wherein the plurality of mat magnetic objects (parallel strips 22 functioning as magnet means, col. 4, lines 11-14) of the rolling pin spacers (strips 18, col. 3, line 60), respectively, magnetically couple at least one of the rolling pin spacers (strips 18 are to be magnetically coupled to the magnet means 22, col. 3, lines 60-61) to the flexible mat (an upper lamina 20a of plastic sheeting, col. 3, lines 62-65).
As to claim 6, Serembe (US ‘992) discloses the plurality of mat magnetic objects (parallel strips 22) comprises one made from a magnetic material (parallel strips 22 of a ferrite containing composition, such as a commercially available rubber based magnetic composition, col. 4, lines 11-14)
It would have been obvious for one of ordinary skill in the art at the time of Applicant’s invention to modify the flexible mat and the rolling pin spacers, as disclosed by Byrne (US ‘986), through providing the flexible mat (20a) with a plurality of magnetic objects (strips 18) which are embedded below the mat top planar surface and then to magnetically couple the plurality of magnetic objects of the rolling pin spacers (strips 18) to the flexible mat (20a) in order to improve the workability of the apparatus through providing a strong and reliable attachment between the plurality of rolling pin spacers and the flexible mat, as suggested by Serembe (US ‘992), col. 1, lines 44-52.
As to claim 2, Byrne (US ‘986) discloses each of the plurality of spacer magnetic objects (the corresponding engagement structures 302A may include one or more magnets, col. 5, lines 41-43) have two magnetic poles (see annotated fig. 6); and one of the magnetic poles (the corresponding magnetic engagement structures 302A) of each of the plurality of spacer magnetic objects (the corresponding magnetic engagement structures 302A) are aligned perpendicular to the mat top planar surface (100, col. 3, 3rd parag, lines 1-3)
[AltContent: textbox (The plurality of spacer magnetic objects (302A) are two magnetic poles wherein the magnetic poles (302A) are aligned perpendicular to the top planar surface)]
[AltContent: arrow][AltContent: arrow]
PNG
media_image8.png
242
396
media_image8.png
Greyscale
As to claim 3, Byrne (US ‘986) teaches the plurality of rolling pin spacers (a first pair of utensils 300A and a second pair of utensils 300B, col. 5, lines 14-19) are shaped in a linear shape (see annotated fig. 5).
[AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (The plurality of rolling pin spacers (300A and 300B) are in a linear shape.)]
PNG
media_image9.png
458
184
media_image9.png
Greyscale
As to claim 4, Byrne (US ‘986) discloses the plurality of rolling pin spacers (a first pair of utensils 300A and a second pair of utensils 300B, col. 5, lines 14-19) is made from one of a material selected from a rigid magnetic material. (col. 4, lines 10-13: the utensil(s) 200 may be formed from a food grade material, e.g., food grade silicone; and col. 5, lines 41-44: the corresponding engagement structures 302A, 302B may include one or more magnets, or any other (food grade) structure facilitating connection of the utensils 300A, 300B)
[AltContent: textbox (A 1st height (HA) )] As to claim 5, Byrne (US ‘986) teaches the plurality of rolling pin spacers (a first pair of utensils 300A and a second pair of utensils 300B) are configured to be stacked on top of each other whereby a total spacer thickness is increased to create a desired height difference (a first pair of utensils 300A each defining a first height HA, and a second pair of utensils 300B each defining a second height HB, col. 5, lines 14-16) between the spacer top planar surface (a first pair of utensils 300A, col. 5, lines 20-31) and the mat top planar surface (the mat 100 may be formed from a layer 102 of clear, flexible vinyl that is positioned between layers 104A, 104B of silicone sulfide, col. 3, lines 37-40).
[AltContent: arrow][AltContent: arrow][AltContent: textbox (A 2nd height (HB))]
PNG
media_image10.png
238
390
media_image10.png
Greyscale
As to claim 6, Byrne (US ‘986) discloses the plurality of spacer magnetic objects (the corresponding engagement structures 302A, 302B may include one or more magnets, col. 5, lines 41-43) made of a magnetic material. (col. 4, lines 10-13: the utensil(s) 200 may be formed from a food grade material, e.g., food grade silicone; and col. 5, lines 41-44: the corresponding engagement structures 302A, 302B may include one or more magnets, or any other (food grade) structure facilitating connection of the utensils 300A, 300B)
As to claim 7, Byrne (US ‘986) teaches the flexible mat (100, col. 3, 3rd parag, lines 1-3 and a deformable material that minimizes adhesion between the mat 100 and the food products “F”) is capable to be changed from an unrolled flat state to a rolled-up state (since the mat 100 is made of a flexible and deformable material, col. 3, 3rd parag, lines 1-3), whereby when the flexible mat (100) is in the unrolled flat state, it is configured to magnetically couple with the rolling pin spacers (a first pair of utensils 300A and 300B, col. 5, lines 29-31) to define a thickness for the pliable material; and whereby when the flexible mat (100, col. 3, 3rd parag, lines 1-3) is in the rolled-up state, the mat magnetic objects (302A, 302B) is capable to be aligned and magnetically to couple and urge the flexible mat (100, col. 3, 3rd parag, lines 1-3) to maintain the rolled-up state.
As to claim 8, Byrne (US ‘986) discloses the flexible mat (100, col. 3, 3rd parag, lines 1-3) is capable to be changed from an unrolled flat state to a rolled-up state (since the mat 100 is made of a flexible and deformable material, col. 3, 3rd parag, lines 1-3), whereby when the flexible mat (100) is in the unrolled flat state, it is configured to magnetically couple with the rolling pin spacers (a first pair of utensils 300A and 300B, col. 5, lines 29-31) to define a thickness for the pliable material; and whereby when the flexible mat (100, col. 3, 3rd parag, lines 1-3) is in the rolled-up state, one or more retaining magnetic objects (the corresponding engagement structures 302A, 302B may include one or more magnets, col. 5, lines 41-43) is capable to be aligned and magnetically to couple and urge the flexible mat (100, col. 3, 3rd parag, lines 1-3) to maintain the rolled-up state.
As to claim 9, Byrne (US ‘986) teaches the flexible mat (100, col. 3, 3rd parag, lines 1-3) is capable to be changed from an unrolled flat state to a rolled-up state (since the mat 100 is made of a flexible and deformable material, col. 3, 3rd parag, lines 1-3), whereby when the flexible mat (100, col. 3, 3rd parag, lines 1-3) is in the unrolled flat state, it is configured to magnetically couple with the rolling pin spacers (a first pair of utensils 300A and 300B, col. 5, lines 29-31) to define a thickness for the pliable material; and whereby when the flexible mat (100, col. 3, 3rd parag, lines 1-3) is in the rolled-up state, the rolled-up flexible mat (100, col. 3, 3rd parag, lines 1-3) defines a self-contained package and the plurality of rolling pin spacers (a first pair of utensils 300A and 300B, col. 5, lines 29-31) are configured to fit within the self-contained package.
As to claim 10, Byrne (US ‘986) teaches the pliable material is a pastry dough. (see col 1, lines 23) it should be noted that said limitation is directed to the material worked upon by the apparatus rather than to the structural limitations of the claimed apparatus itself. Therefore, said limitation does not further limit the apparatus claims (see MPEP 2115) and it is expected the disclosed apparatus by Byrne (US ‘986) to be capable of working on claimed material.
As to claim 11, Byrne (US ‘986) discloses each of the plurality of spacer magnetic objects have two magnetic poles (see annotated fig. 6); one of the magnetic poles (the corresponding magnetic engagement structures 302A) of each of the plurality of spacer magnetic objects (the corresponding magnetic engagement structures 302A) are aligned perpendicular to the mat top planar surface (100, col. 3, 3rd parag, lines 1-3); the plurality of rolling pin spacers (a first pair of utensils 300A and a second pair of utensils 300B) are configured to be stacked on top of each other whereby a total spacer thickness is increased to create a desired height difference (a first pair of utensils 300A each defining a first height HA, and a second pair of utensils 300B each defining a second height HB, col. 5, lines 14-16) between the spacer top planar surface of a top rolling pin spacer and the mat top planar surface (a first pair of utensils 300A, col. 5, lines 20-31) and the mat top planar surface (the mat 100 may be formed from a layer 102 of clear, flexible vinyl that is positioned between layers 104A, 104B of silicone sulfide, col. 3, lines 37-40); the flexible mat is configured to change state from an unrolled flat state to a rolled-up state (since the mat 100 is made of a flexible and deformable material, col. 3, 3rd parag, lines 1-3); whereby when the flexible mat (100, col. 3, 3rd parag, lines 1-3) is in the unrolled flat state, it is configured to magnetically couple with the rolling pin spacers (a first pair of utensils 300A and 300B, col. 5, lines 29-31) to define a thickness for the pliable material; and whereby when the flexible mat (100, col. 3, 3rd parag, lines 1-3) is in the rolled-up state, the rolled-up flexible mat (100, col. 3, 3rd parag, lines 1-3) defines a self-contained package and the plurality of rolling pin spacers (a first pair of utensils 300A and 300B, col. 5, lines 29-31) are configured to fit within the self-contained package.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-11 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1, 4, 6, 8, and 10 of U.S. Patent No. 11,930,827. Although the claims at issue are not identical, they are not patentably distinct from each other for the following reasons:
As to claim 1 of instant application, the claimed subject matter in Horgan (US ‘827) discloses: a magnetic rolling system (see US ‘827: claim 1, line 1 and claim 4, line 1) comprising:
-a magnetic rolling mat (see US ‘827: claim 6, line 3) comprising a flexible mat (see US ‘827: claim 4, line 14) having a mat top planar surface (see US ‘827: claim 4, line 4) and a mat bottom planar surface (see US ‘827: claim 4, line 4);
-the flexible mat (see US ‘827: claim 4, line 14) having a plurality of mat magnetic objects (see US ‘827: claim 1, line 4) embedded below the mat top planar surface (see US ‘827: claim 1, lines 22-23);
-a plurality of rolling pin spacers (see US ‘827: claim 1, line 8) each having a spacer top planar surface (see US ‘827: claim 1, line 8) and a spacer bottom planar surface; and
-the plurality of rolling pin spacers (see US ‘827: claim 1, line 8) having a plurality of spacer magnetic objects embedded in one of the spacer top planar surface (see US ‘827: claim 8, line 12) or the bottom planar surface (see US ‘827: claim 4, line 8) whereby the plurality of mat magnetic objects (see US ‘827: claim 1, line 4) magnetically couple at least one of the plurality of rolling pin spacers (see US ‘827: claim 1, lines 10-13) to the flexible mat (see US ‘827: claim 4, line 14).
Horgan (US ‘827) discloses all the structural limitations of a magnetic rolling system (see US ‘827: claim 1, line 1 and claim 4, line 1) and even though Horgan (US ‘827) is silent on explicitly disclosing that the magnetic rolling system defines a thickness of a pliable material, as claimed in claims 1 and 7-9 of the instant application, it would have been obvious for one of ordinary skill in the art, prior to the time of applicant’s invention, so to provide a capability for the magnetic rolling system, as claimed in claim 1 of Horgan (US ‘827), to also define a thickness for a pliable material in order to achieve a precise and uniform thickness to rolled materials. Horgan (US ‘827): col. 2, lines 28-29.
As to claim 2 of the instant application, the claimed subject matter in Horgan (US ‘827) discloses each of the plurality of spacer magnetic objects have two magnetic poles; and one of the magnetic poles of each of the plurality of spacer magnetic objects are aligned perpendicular to the mat top planar surface. (see US ‘827: claim 1, lines 7-9)
As to claim 3 of the instant application, the claimed subject matter in Horgan (US ‘827) discloses the plurality of rolling pin spacers are shaped in one of a shape selected from the group consisting of: a linear shape; a curved shape; and a circular shape. (see US ‘827: claim 10, lines 3-6)
As to claim 4 of the instant application, the claimed subject matter in Horgan (US ‘827) discloses the plurality of rolling pin spacers is made from one of a material selected from the group consisting of: a rigid magnetic material; a rigid ferromagnetic material; and a flexible magnetic material. (see US ‘827: claim 4, lines 4-5 and lines 13-14)
As to claim 5 of the instant application, the claimed subject matter in Horgan (US ‘827) discloses the plurality of rolling pin spacers are configured to be stacked on top of each other whereby a total spacer thickness is increased to create a desired height difference between the spacer top planar surface and the mat top planar surface. (see US ‘827: claim 4, lines 13-14)
As to claim 6 of the instant application, the claimed subject matter in Horgan (US ‘827) discloses the plurality of mat magnetic objects comprises one made from a magnetic material or a ferromagnetic material; and the plurality of spacer magnetic objects comprises one made from a magnetic material or a ferromagnetic material. (see US ‘827: claim 4, lines 4-5 and lines 18-24)
As to claim 7 of the instant application, the claimed subject matter in Horgan (US ‘827) discloses the flexible mat (see US ‘827: claim 4, line 14) is configured to change state from an unrolled flat state to a rolled-up state; whereby when the flexible mat is in the unrolled flat state, it is configured to magnetically couple with the rolling pin spacers to define a thickness for the pliable material; and whereby when the flexible mat is in the rolled-up state, the mat magnetic objects align and magnetically couple to urge the flexible mat to maintain the rolled-up state. (see US ‘827: claim 21, lines 2 and lines 13-35)
As to claim 8 of the instant application, the claimed subject matter in Horgan (US ‘827) discloses the flexible mat (see US ‘827: claim 4, line 14) is configured to change state from an unrolled flat state to a rolled-up state; whereby when the flexible mat is in the unrolled flat state, it is configured to magnetically couple with the rolling pin spacers to define a thickness for the pliable material; and whereby when the flexible mat is in the rolled-up state, one or more retaining magnetic objects align and magnetically couple to urge the flexible mat to maintain the rolled-up state. (see US ‘827: claim 21, lines 2 and lines 13-35)
As to claim 9 of the instant application, the claimed subject matter in Horgan (US ‘827) discloses the flexible mat (see US ‘827: claim 4, line 14) is configured to change state from an unrolled flat state to a rolled-up state; whereby when the flexible mat is in the unrolled flat state, it is configured to magnetically couple with the rolling pin spacers to define a thickness for the pliable material; and whereby when the flexible mat is in the rolled-up state, the rolled-up flexible mat defines a self-contained package and the plurality of rolling pin spacers are configured to fit within the self-contained package. (see US ‘827: claim 21, lines 2 and lines 13-35)
As to claim 10 of the instant application, the claimed subject matter in Horgan (US ‘827) discloses the pliable material is a pastry dough. (see US ‘827: claims 2 and 9, line 3)
As to claim 11 of the instant application, the claimed subject matter in Horgan (US ‘827) discloses each of the plurality of spacer magnetic objects have two magnetic poles; one of the magnetic poles of each of the plurality of spacer magnetic objects are aligned perpendicular to the mat top planar surface (see US ‘827: claim 1, lines 7-9); the plurality of rolling pin spacers are configured to be stacked on top of each other whereby a total spacer thickness is increased to create a desired height difference between the top planar surface of a top rolling pin spacer and the mat top planar surface; the flexible mat is configured to change state from an unrolled flat state to a rolled-up state (see US ‘827: claim 4, lines 13-14); whereby when the flexible mat is in the unrolled flat state it is configured to magnetically couple with the rolling pin spacers to define a thickness for the pliable material; and whereby when the flexible mat is in the rolled-up state, the rolled-up flexible mat defines a self-contained package and the plurality of rolling pin spacers are configured to fit within the self-contained package (see US ‘827: claim 21, lines 2 and lines 13-35).
Therefore, claims 1-11 of the instant application are not patentably distinct from the claimed subject matter of Horgan (US ‘827).
Relevant Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Copen (US 2016/0366895) disclose a dough thickness control system configured to facilitate uniform thickness of dough being rolled by a rolling pin, said system comprising: a plurality of guides configured to have a rolling pin positioned thereupon such that the rolling pin is spaced from a rolling surface when the rolling pin is positioned on and extended between a pair of said guides, each of said guides being elongated and having a first end, a second end, an upper surface, a lower surface, an inner edge and an outer edge; said plurality of guides including a first set of guides and a second set of guides, wherein at least one of said guides of said first set is configured to be positioned on one side of dough to be rolled and at least one of said guides of said second set is to be positioned on another side of the dough to be rolled. See page 2, claim 1, lines 1-16.
Piper (US 2015/0320054) disclose a dough rolling system comprising: a rolling board having first and second major surfaces and a first plurality of grooves within the first major surface; a plurality of removable templates configured to insert within at least one groove of the first plurality of grooves, wherein the plurality of removable templates are configured to define a shape and a thickness for a final dough sheet. See page 6, claim 1, lines 1-8.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEYED MASOUD MALEKZADEH whose telephone number is (571)272-6215. The examiner can normally be reached M-F 8:30AM-5:00PM.
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, SUSAN D. LEONG can be reached at (571)270-1487. 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.
/SEYED MASOUD MALEKZADEH/Primary Examiner
Art Unit 1754 01/30/2026