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 with traverse of Claims 1-5 in the reply filed on 08 January 2026 is acknowledged.
Between inventions I and II, the traversal is on the ground(s) that the inventions are not distinct and encompass overlapping subject matter. This is not found persuasive because the inventions have a materially different design [one focuses on a container and the other a tile parameter] thus making them mutually exclusive and not obvious variants.
Between inventions I and III, the traversal is on the ground(s) that invention I can be made by the process of invention III. This is not found persuasive because the method comprises providing an image, not found in invention I.
Between inventions I and IV, the traversal is acknowledged and withdrawn. Note: invention IV belongs with invention II.
Between inventions II and III, the traversal is on the ground(s) that invention II can be made by the process of invention III. This is not found persuasive because the method comprises providing an image, not found in invention II.
Between inventions II and IV, the traversal is acknowledged and withdrawn. Note: invention IV belongs with invention II.
Between inventions III and IV, the traversal is acknowledged and withdrawn. Note: invention IV belongs with invention II.
The requirement is still deemed proper and is therefore made FINAL. Therefore Claims 1-5 will be Examined.
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 and 5 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US Patent Application Publication # 2019/0359389 to Papp.
Regarding claim 1, Papp teaches in Figure 25, a tile system [package (Paragraph 0002)] comprising: a container [Figure 10]; and a flexible frame (2) [casing (Paragraph 0075)] within the container [package (Paragraph 0054)], the flexible frame (2) having a plurality of windows (5) [relief (Paragraph 0081)] configured to removably hold [attached by tape (Paragraph 0105)] a plurality of tiles (1) [skeleton (Paragraph 0085)], wherein the flexible frame (2) has a first length and a second length, wherein the first length is a length of a longest axis of the flexible frame (2) in a planar configuration [flat (Paragraph 0086)], the second length is the first length [square (Paragraph 0087)] within the container [Figure 10], and the second length is less than the first length [rolled up (Paragraph 0002)].
Regarding claim 2, Papp teaches in Figure 25, the plurality of tiles (1).
Regarding claim 3, Papp teaches in Figure 6, the frame (2) has an indication (4) [blade showing predetermined format (Paragraph 0073)] for each of the plurality of windows corresponding to each of the plurality of tiles (1).
Regarding claim 5, Papp teaches in Figure 25, the flexible frame (2) within the container [Figure 10] comprises a wound [rolled up (Paragraph 0002)] flexible frame.
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 4 is rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication # 2019/0359389 to Papp in view of US Patent # 3,589,507 to Greenberg et al.
Regarding claim 4, Papp teaches a tile system but does not teach each of the plurality of tiles has an indication corresponding to each of the plurality of windows. However, Greenberg teaches in Figure 3, a plurality of tiles (5a-h) [plates (Column 2, Lines 51-52)] each have an indication (11a-h) [indicia (Column 2, Line 54)] corresponding to a plurality of windows [identifying the particular position each tile needs to be (Column 2, Lines 55-56)]. It would have been obvious to one of ordinary skill in the art to combine the tile system of Papp with the tiles having indica of Greenberg with a reasonable expectation of success because Greenberg teaches the indica identifies the particular position of each plate in the mural (Column 2, Lines 54-56).
Conclusion
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/ANDREW J TRIGGS/Primary Examiner, Art Unit 3635