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 .
Allowable Subject Matter
Claims 6 and 10-11 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the aforementioned claims set forth a series of physical structures/configurations that are well beyond that which is disclosed within the Lebrun reference (discussed in greater depth, infra), which is the prior art closest to Applicant’s claimed invention, and there would be no obvious reason to modify Lebrun to the extent necessary to satisfy each of Applicant’s pertinent limitations (specifically with regard to the claimed combination of material elements and operational functionalities associated therewith), as such modifications would be likely to render the Lebrun assembly incapable of continuing to operate/behave in the particular manner set forth within the reference itself (given the particularly sensitive nature of such valuable display frame assemblies), which would be strongly indicative of an application of improper hindsight reasoning.
Claims 6 and 10-11 would be allowable if rewritten to overcome the rejections under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
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 1-12 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.
The claim 1 recitation of “a base plate having a recessed portion sized to receive the article” is unclear, as it is unknown whether Applicant desires: i) the overall base plate to be sized to receive the article with said base plate also comprising a recessed portion somewhere thereon; or alternatively, ii) the recessed portion itself being sized to receive the article. Exactly what structure/configuration is sought? Please review/revise/clarify.
The phrase “standard sizes and dimensions” claim 7 is a relative phrase which renders the claim indefinite. The term “standard” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
The claim 9 recitation of “handled portions” is unclear. Exactly what portions are to be “handled”, and by whom/what parties or machines? Exactly what structure/configuration is sought? Please review/revise/clarify.
Claim 10 recites the limitation "the rim". There is insufficient antecedent basis for this limitation in the claim.
The claim 11 recitation of “multi-page formatting for enclosure insertion and removal” is unclear. Does Applicant desire some particular printed wording instructing an ostensible user of the portfolio binder, or alternatively, does Applicant desire some particular physical structure within the portfolio binder designed to accept a plurality of protective enclosures? Exactly what structure/configuration is sought? Please review/revise/clarify.
Claims 2-6, 8 and 12 are rejected as depending (directly or indirectly) from rejected independent claim 1.
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, 7-9 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2001/0045043 to Lebrun (“Lebrun”).
Regarding claim 1, Lebrun discloses a protective enclosure (e.g. frame 1, as shown in fig. 1 and discussed at para. 26) for retaining (figs. 4 and 6-7) an article (e.g. event program 16, as shown in figs. 4 and 6-7) to be autographed (para. 45) comprising: i) a base plate (e.g. interior wall 12, as shown in figs. 6A-B and discussed at para. 38) having a recessed portion (e.g. space between instances of interior wall 12, as shown in figs. 6A-B) sized to receive (figs. 6A-B) the article (16); ii) a cover plate (e.g. rear panel 5, as shown in figs. 2-6 and discussed at para. 27) configured for removable mating engagement with (compare figs. 2-6) the base plate (12), the cover plate (5) overlaying (figs. 6A-B) the recessed portion (aforementioned space between instances of interior wall 12); and ii) at least one opening (e.g. access door 6, as shown in figs. 2-6) in (figs. 2-6) the cover plate (5) sized to provide access to (compare figs. 2-6) a portion (figs. 2-6) of the retained article (16) for application of an autograph (para. 45).
Lebrun does not disclose said cover plate (5) being transparent.
However, Lebrun does teach the concept of providing transparent plates in general (para. 26).
Given that Lebrun’s rear panel 5 covers a rear portion of the enclosed event program 16 in the same manner that the front panel 4 covers (fig. 3) a front portion of said event program 16 , it would have been obvious to a person of ordinary skill in the art before the effective filing date to provide said rear panel 5 in a transparent configuration, in order to provide the benefit of yielding a resultant assembly in which both the front and rear sides of the event program 16 may be viewed.
Regarding claim 2, Lebrun discloses the protective enclosure of claim 1, wherein the base plate (12) and cover plate (5) are connected by (at least indirectly, as shown in figs. 2-3) at least one hinge member (7) allowing the enclosure (1) to be opened (fig. 3) and closed (fig. 2).
Regarding claim 3, Lebrun discloses the protective enclosure of claim 1, further comprising at least one set of cooperating snap fit connectors (e.g. locking tabs 10, as shown in figs. 2-3) on (figs. 2-3) the base plate (12) and cover plate (5) for repeatable securing (compare figs. 2-3) of the enclosure (1) in a closed position (fig. 2).
Regarding claim 4, Lebrun discloses the protective enclosure of claim 1, further comprising shock-absorbing padding (e.g. thickness shim 15, as shown in figs. 6A-B) lining interior surfaces (figs. 6A-B) of the base plate recessed portion (aforementioned space between instances of interior wall 12).
Regarding claim 5, Lebrun discloses the protective enclosure of claim 1, wherein the at least one opening (6) in the cover plate (5) comprises a cutout window (e.g. aperture 8, as shown in figs. 2-3) extending to edges (fig. 2) of the cover plate (5).
Regarding claim 7, Lebrun discloses the protective enclosure of claim 1, sized to fully enclose (fig. 4) trading cards, photographs, or autographed memorabilia articles (16) in standard sizes and dimensions (fig. 4; also see the rejection under 35 USC 112 set forth supra).
Regarding claim 8, Lebrun discloses the protective enclosure of claim 1, further comprising cushioning material (e.g. thickness shim 15, as shown in figs. 6A-B) lining interior surfaces (figs. 6A-B) of the base plate recessed portion (aforementioned space between instances of interior wall 12) for protecting (figs. 6A-B) the retained article (16).
Regarding claim 9, Lebrun discloses the protective enclosure of claim 1, wherein edges along (figs. 2-5) handled portions (e.g. aperture 8, as shown in figs. 2-5) incorporate rounded or tapered shapes (figs. 2-5) as shock absorbers (note that aperture 8 absorbs shocks to fingers used to open access door 6).
Regarding claim 12, Lebrun discloses the protective enclosure of claim 1, molded, formed, or machined (note that the instant claim is drawn to a protective enclosure apparatus- not a method of forming such) from materials selected from the group comprising of: plastics (para. 26), acrylics (para. 26), polycarbonates, resins, foams, composites and laminate sheets.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN V LEWIS whose telephone number is (571)270-5052. The examiner can normally be reached M-F 7:30AM-5:00PM.
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/JUSTIN V LEWIS/Primary Examiner, Art Unit 3637