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 .
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Moore (2021/0283520) and Lei (D980112). Moore discloses a decorative holiday apparatus (Fig. 1) having an inflatable globe (Fig. 6) of resilient polymer material with coloring (paragraph 15) defining a round three-dimensional spheroid shape with an average equatorial circumference between 24-120 inches (paragraph 16). An inwardly directed cylindrical aperture (601) that coaxially traverses a sidewall of the inflatable globe provides access into the inflatable globe (paragraph 15) and a closure mechanism plug (Fig. 5B) can be inserted into the aperture so as to be securely retained to keep air within the inflatable globe (paragraph 19). The plug forms a stem plug (Fig. 5B) having a first end stem portion (500B) defining a top portion with a curved upper surface (505B) and an aperture (504B) and an opposing second end ribbed portion (501B) dimensioned for being received in the aperture (paragraph 19). The ribbed second end portion can be configured as a cylindrical rod portion with uniformly spaced threads formed by a helical ridge that spirals around an outer surface length so as to be dimensioned to match with corresponding threads in the aperture (paragraph 19, Fig. 5B). A light source in the form of a light emitting diode (502B) for illuminating the interior of the inflatable globe is incorporated in the second end of the plug (Fig. 5B) for positioning within the inflatable globe and can be controlled by a local switch or wireless controller (paragraph 22) and is powered by an internal battery, external battery or solar panel (paragraph 19). Moore discloses the basic inventive concept, with the exception of the globe having a pumpkin shape defined by indentations, ribs or ridges extending longitudinally from top to bottom creating a vertically segmented appearance and protrusions or feet proximate a lower portion of the globe. Lei discloses a globe shaped decorative holiday apparatus shaped with a plurality of ridges extending longitudinally from top to bottom of the globe to create a vertically segmented appearance (Figs. 1 & 7) and having a plurality of protrusions or feet proximate a lower portion of the globe (Fig. 4). It would have been obvious to one of ordinary skill in the art from the teaching of Lei to shape the globe with ridges for the predictable result of giving the globe a more visually interesting appearance and to include protrusions or feet on the lower portion for securing stakes for allowing the decorative object to be secured in the ground for use as an outside decoration. The examiner further notes that shaping the components to simulate a pumpkin would have been an obvious matter of design choice since matters relating to ornamentation only which have no mechanical function cannot be relied upon to patentably distinguish the claimed invention over the prior art. See In re Seid, 161 F.2d 229, 73 USPQ 431 (CCPA 1947).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See 2023/0255385, D976749, 11484807, 2016/0109791, 2006/0278650 and 6769793.
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/A.M.H/Examiner, Art Unit 3711 /EUGENE L KIM/Supervisory Patent Examiner, Art Unit 3711