Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
Claims 1-20 are pending and herewith rejected on basis stated below.
Drawings
2. The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “302” has been used to designate both external items stroller and a person. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
3. In addition to Replacement Sheets containing the corrected drawing figure(s), applicant is required to submit a marked-up copy of each Replacement Sheet including annotations indicating the changes made to the previous version. The marked-up copy must be clearly labeled as “Annotated Sheets” and must be presented in the amendment or remarks section that explains the change(s) to the drawings. See 37 CFR 1.121(d)(1). Failure to timely submit the proposed drawing and marked-up copy will result in the abandonment of the application.
Specification
4. Specification paragraph as listed below objected to because of the following informalities: as referenced below. Appropriate correction is required.
Paragraph 0038, the term “Comers“ should read “Corners“
Paragraph 0039, the term “Comers“ should read “Corners“
Claim Rejections - 35 USC § 102
5. 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.
(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.
6. Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(2) as being clearly anticipated by Schiers (US 2024/0368901) (hereinafter Schiers)
In regards to Claim 1, Schiers discloses a wall corner protection device (100) (Fig 4), comprising: a first rectangular planar member having a first inner wall (114), a second rectangular planar member having a second inner wall (114), and a common edge connecting said first rectangular planar member and said second rectangular planar member [0013]; wherein said first inner wall having at least a first magnet adhered thereto (120) [0043, 0017]; wherein said second inner wall having at least a second magnet adhered thereto (120) [Fig 4]; wherein and first rectangular planar member, said common edge, and said second rectangular planar member forming a 90-degree angle of said wall corner protection device [Fig 4] [0055]; and further wherein said at least first magnet attracted to a first side of a metal corner bead (110) and said at least second magnet attracted to a second side of the metal corner bead (110) [Figs 3-4] for selectively attaching said wall corner protection device to a corner formed by two walls.
In regards to Claim 2, Schiers discloses the wall corner protection device of claim 1 (100) (Fig 4), wherein said first rectangular planar member having a first length (Claim 12) and said second rectangular member having a second length (Claim 12); and further wherein said first length is equal to said second length. [0080]
In regards to Claim 3, Schiers discloses the wall corner protection device of claim 2 (100) (Fig 4), wherein said first length and said second length are from one foot to six feet. [16 inches to 48 inches, 0080]
In regards to Claim 4, Schiers discloses the wall corner protection device (100) (Fig 4) of claim 3, wherein said wall corner protection device having a material selected from the group consisting of a cardboard, a plastic, and a metal [0018].
In regards to Claim 5, Schiers discloses the wall corner protection device of claim 4 (100) (Fig 4), wherein said first inner wall having at least a first pair of magnets adhered thereto (120) [0043], and further wherein said second inner wall having at least a second pair of magnets adhered thereto, (120) [Fig 4].
In regards to Claim 6, Schiers discloses the wall corner protection device of claim 5 (100) (Fig 4), wherein each one of said first pair of magnets (120) adhered proximal to opposing ends of said first inner wall [Fig 4], and further wherein each one of said second pair of magnets (120) adhered proximal to opposing ends of said second inner wall. [Fig 4]
In regards to Claim 7, Schiers discloses the wall corner protection device of claim 6 (100) (Fig 4), wherein said first rectangular planar member transverse to said second rectangular planar member [0075] [Fig 4].
In regards to Claim 8, Schiers discloses the wall corner protection device of claim 6 (100) (Fig 4), wherein said first rectangular planar member is perpendicular to said second rectangular planar member, [0075] [Fig 4].
In regards to Claim 9, Schiers discloses the wall corner protection device of claim 8 (100) (Fig 4), wherein said first rectangular planar member having a width from 1 inch to 6 inches. (2-5 inches) [0055]
In regards to Claim 10, Schiers discloses the wall corner protection device of claim 9 (100) (Fig 4), wherein said second rectangular planar member having a width from 1 inch to 6 inches. (2-5 inches) [0055]
In regards to Claim 11, Schiers discloses the wall corner protection device of claim 10 (100) (Fig 4), wherein said first rectangular planar member and said second rectangular planar member having a thickness from 0.25 inches to 1.50 inches. (015-0.5 inches) [0055]
In regards to Claim 12, Schiers discloses A wall corner protection device(100) (Fig 4), comprising: a first rectangular planar member having a first inner wall (114), a second rectangular planar member having a second inner wall (114) , and a common edge connecting said first rectangular planar member and said second rectangular planar member [0013]; wherein said first inner wall having at least three magnets adhered thereto; wherein said second inner wall having at least three magnets adhered thereto; wherein and first rectangular planar member, said common edge, and said second rectangular planar member forming a 90-degree angle [Fig 4] [0055] of a wall corner protection device (100) (Fig 4); wherein said at least three magnets [0043, 0017; "Plurality"] of said first inner wall attracted to a first side of a metal corner bead (110) [Figs 3-4] and said at least three magnets of said second inner wall attracted to a second side of the metal corner bead (110) [Figs 3-4] for selectively attaching said wall corner protection device to a corner formed by two walls; wherein said first inner wall having a first pair of magnets (120) adhered thereto and said second inner wall having a second pair of magnets (120) [0043] adhered thereto; wherein each one of said first pair of magnets adhered proximal to opposing ends of said first inner wall (120) [Fig 4] ; and further wherein each one of said second pair of magnets adhered proximal to opposing ends of said second inner wall., (120) [Fig 4].
In regards to Claim 13, Schiers discloses the wall corner protection device (100) (Fig 4) of claim 12, wherein said first rectangular planar member having a first length (Claim 12), and said second rectangular member having a second length (Claim 12), and further wherein said first length is equal to said second length. [0080]
In regards to Claim 14, Schiers discloses the wall corner protection device (100) (Fig 4) of claim 13, wherein said first length and said second length are from one foot to six feet. [16 inches to 48 inches, 0080]
In regards to Claim 15, Schiers discloses the wall corner protection device (100) (Fig 4) of claim 14, wherein said wall corner protection device having a material selected from the group consisting of a cardboard, a plastic, and a metal. [0018]
In regards to Claim 16, Schiers discloses the wall corner protection device (100) (Fig 4) of claim 15, wherein said first rectangular planar member transverse to said second rectangular planar member, [0075] [Fig 4].
In regards to Claim 17, Schiers discloses the wall corner protection device (100) (Fig 4) of claim 15, wherein said first rectangular planar member is perpendicular to said second rectangular planar member, [0075] [Fig 4].
In regards to Claim 18, Schiers discloses the wall corner protection device (100) (Fig 4) of claim 17, wherein said first rectangular planar member having a width from 1 inch to 6 inches (2-5 inches) [0055] , and further wherein said second rectangular planar member having a width from 1 inch to 6 inches (2-5 inches) [0055].
In regards to Claim 19, Schiers discloses the wall corner protection device (100) (Fig 4) of claim 10, wherein said first rectangular planar member and said second rectangular planar member having a thickness from 0.25 inches to 1.50 inches. (015-0.5 inches) [0055]
In regards to Claim 20, Schiers discloses a method of protecting a drywall corner [0075-0077], the method comprising the steps of: providing a first rectangular planar member having a first inner wall (114), a second rectangular planar member having a second inner wall (114), and a common edge connecting said first rectangular planar member and said second rectangular planar member [0013]; wherein said first inner wall having a plurality of magnets (120) [0043, 0017] adhered thereto; wherein said second inner wall having a plurality of magnets (120) [0043, 0017] adhered thereto; further wherein and first rectangular planar member, said common edge, and said second rectangular planar member forming a 90-degree angle of a wall corner protection device [Fig 4] [0055]; and plurality of magnets of said first inner wall adjacent to a first side of a metal corner bead (110); plurality of magnets of said second inner wall adjacent to a second side of the metal corner bead (110) [Figs 3-4].
Conclusion
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZAKARIA K. AL-ASWAR whose telephone number is (571)272-6335. The examiner can normally be reached M through F 7:30 to 5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached at 571-270-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Z.K.A./Examiner, Art Unit 3635
/BRIAN D MATTEI/Supervisory Patent Examiner, Art Unit 3635