DETAILED ACTION
Claim Rejections - 35 USC § 102
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3, 5, and 11, are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Pomerantz (US 2023/0394995).
In respect to claims 1-2, Pomerantz discloses an electronic sign label device comprising: a digital display 34 and a housing 2, with the digital display housed in the housing (Fig. 3); and a gripper 10 coupled (an integral) with an outer side of the housing; wherein the gripper 10 comprises a first lateral side, an end side (coupled to the housing), and a second lateral side; wherein the first lateral side includes a lip 12 disposed proximate the second lateral side (Fig. 4), such that a label can be held via friction fit (Fig. 5).
In respect to claims 3 and 11, Pomerantz discloses that the outer side of the housing comprises both a bottom and front side of the housing (Fig. 3).
In respect to claim 5, Pomerantz discloses that the first lateral side is coupled to the end side, and the end side is coupled to the second lateral side, such that the cross-section is C-shaped (Fig. 4).
Response to Arguments
Applicant’s arguments with respect to the cited prior art have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
The 35 USC 112(a) and 112(b) rejections have been obviated by amendment. The Drawing object has been obviated by amendment (drawn to Figures 1-5) and not the embodiment lacking enablement and clarity.
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 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