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 § 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)(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.
Claims 1, 3, 5, 8, 11, 12, 15, and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 2008162686 to Sakamoto et al. (Sakamoto).
Regarding claim 1, Sakamoto teaches a paper-made storing/holding member for black CD comprising: child card (message storage card 2) having at least one child card panel; a parent card (paper-made storing/holding member 4) having a first side; a second side of the parent card (4), the second side separated from the first side by a fold line; a pocket (12) formed in the first side of the parent card, the child card (message storage card 2) receivable into the pocket (12) of the parent card (4) in an enclosed relationship, the enclosed relationship including an entirety of the at least one child card panel (2) disposed within the pocket (12) of the parent card (4) as an enclosed assembly; and a second parent card (envelope 5) having a second pocket, the enclosed relationship further including the enclosed assembly received in the second pocket as a second enclosed assembly, the enclosed assembly separable from the second pocket.
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Regarding claim 3, Sakamoto teaches the child card (2) has a first size, the parent card (4) has a second size, and the second parent card (5) has a third size, the first size being smaller than the second size, and the second size being smaller than the third size.
Regarding claim 5, Sakamoto teaches a paper-made storing/holding member for black CD comprising: a primary child card (message storage card 2); a primary parent card (envelope 5); at least one parent card (paper-made storing/holding member 4); and a pocket (see annotated figure above) formed in the primary parent card (5), an enclosed assembly receivable into the pocket of the primary parent card (5) in an enclosed relationship, the enclosed assembly including the primary child card (2) and the at least one parent card (4), the enclosed assembly separable from the pocket.
Regarding claim 8, Sakamoto teaches an entirety of the enclosed assembly is disposed within the pocket.
Regarding claim 11, Sakamoto teaches at least one of the primary child card (2), the primary parent card (5), or the at least one parent card (4) includes a decorative portion.
Regarding claim 12, Sakamoto teaches the decorative portion (uniform image design) is removably coupled to an inner surface. Sakamoto teaches a “uniform image design should be applied to at least the spread surface side 15 of the housing member 4 folded in half. In addition, a separate message entry field may be provided in the margin, or a decorative sticker or the like may be attached and arranged as desired”. The decorative sticker correspond to the removable decorative portion.
Regarding claim 15, Sakamoto teaches a paper-made storing/holding member for black CD comprising: forming a first enclosed assembly by receiving a child card (2) in a first pocket (12) of a first parent card (4), the child card (2) separable from the first pocket (12); moving the first parent card (4) from an open position (figure 1) to a closed position; and forming a second enclosed assembly by receiving the first enclosed assembly in a second pocket of a second parent card (envelope 5), the second enclosed assembly including the first parent card (4) disposed in the second pocket in the closed position and the child card (2) disposed in the first pocket (12) of the first parent card (4), the first enclosed assembly separable from the second pocket.
Regarding claim 18, Sakamoto teaches an entirety of the child card (2) disposed within the first pocket (12) of the first parent card (4) and an entirety of the first enclosed assembly is disposed within the second pocket of the second parent card (5).
Regarding claim 19, Sakamoto teaches the child card (2) has a first size, the first parent card (4) has a second size, and the second parent card (5) has a third size, the first size being smaller than the second size, and the second size being smaller than the third size.
Regarding claim 20, Sakamoto teaches the first parent card (4) has a first panel separated from a second panel by a fold line, the first pocket (12) formed in the first panel of the first parent card, a decorative portion (uniform image design) disposed between the first panel and the second panel. Sakamoto teaches a “uniform image design should be applied to at least the spread surface side 15 of the housing member 4 folded in half. In addition, a separate message entry field may be provided in the margin, or a decorative sticker or the like may be attached and arranged as desired”. The decorative sticker correspond to the removable decorative portion.
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 JP 2008162686 to Sakamoto et al. (Sakamoto) in view of US 20120048766 to Glass.
Sakamoto does not teach a pop-up decorative portion disposed between the first side and the second side.
Glass teaches a gift card packet holder (105) comprising a having a first side (125); a second side (130), the second side (130) separated from the first side (120) by a fold line (165); a pocket (120) formed in the first side (125), gift card packet (110) receivable into the pocket (120) of the card packet holder (105) in an enclosed relationship. Glass teaches a decorative portion (pop-up elements 250) disposed between the first side (125) and the second side (130), the decorative portion (250) including a pop-up display configured to move between a flattened state and an erected state (figure 3) as the parent card moves between a folded position and unfolded position (¶0025). Glass teaches the decorative portion can comprise graphics, text and/or a mechanical element such as the pop-up element (250)
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It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct the parent card taught by Sakamoto with pop-up elements as taught by Glass with a reasonable expectation of success to provide a means to enhance aesthetic appearance of the card.
Claims 4, 13, 14, 16, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over JP 2008162686 to Sakamoto et al. (Sakamoto) in view of US 20190213921 to Rose et al. (Rose).
Sakamoto does not teach a pop-up decorative portion disposed between the first side and the second side.
Rose teaches a pop-up card (200) with a removable notecard (222) comprising a having a first side (206); a second side (208), the second side (208) separated from the first side (206) by a fold line (204); a pocket (not labeled, ¶0023) formed in the first side (206), a notecard (222) receivable into the pocket of the card (200) in an enclosed relationship. Rose teaches a decorative portion (pop-up elements 106 and 108; figures 2-3; ¶0004) disposed between the first side (206) and the second side (208), the decorative portion including a pop-up display (106 and 108) configured to move between a flattened state and an erected state as the card moves between a folded position and unfolded position (claim 1).
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It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct the parent card taught by Sakamoto with pop-up elements as taught by Rose with a reasonable expectation of success to provide a means to enhance aesthetic appearance of the card.
Regarding claim 14, Rose teaches the decorative portion (pop-up structure) comprises a plurality of intersecting slice-form elements (106 and 108).
Regarding claim 13, Rose teaches the decorative portion (pop-up structure) is an erectable pop-up display comprising a plurality of intersecting slice-form elements (106 and 108).
Regarding claim 16, Rose teaches translating movement of a panel of card (200) to a decorative portion (pop-up structure) of the card as the card moves from the open position to the closed position.
Regarding claim 17, Rose teaches translating the movement of the panel of the card (200) to the decorative portion of the card includes moving the decorative portion (pop-up structure) from an erected state to a flattened state as the card moves from the open position to the closed position.
Regarding claim 21, Sakamoto teaches a paper-made storing/holding member for black CD comprising: a child card (message storage card 2) having a child card panel; the decorative portion (printed images) at least partially mounted to the child card panel (2); a first side of a parent card (4); a second side of the parent card (4), the second side separated from the first side by a fold line; and a pocket (12) formed in the first side of the parent card (4), the child card (2) receivable into the pocket (12) of the parent card (4) in an enclosed relationship, the enclosed relationship including the child card panel (2) and the decorative portion disposed within the pocket (12) of the parent card (4) as an enclosed assembly,
Sakamoto does not teaches the decorative portion disposed in the flattened state in the enclosed relationship and the decorative portion forming a pop-up display movable between an erected state and a flattened state.
Rose teaches a pop-up card (200) with a removable notecard (222) comprising a having a first side (206); a second side (208), the second side (208) separated from the first side (206) by a fold line (204); a pocket (not labeled, ¶0023) formed in the first side (206), a notecard (222) receivable into the pocket of the card (200) in an enclosed relationship. Rose teaches a decorative portion (pop-up elements 106 and 108; figures 2-3; ¶0004) disposed between the first side (206) and the second side (208), the decorative portion including a pop-up display (106 and 108) configured to move between a flattened state and an erected state as the card moves between a folded position and unfolded position (claim 1).
It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct the child card taught by Sakamoto with pop-up elements as taught by Rose with a reasonable expectation of success to provide a means to enhance aesthetic appearance of the card.
Allowable Subject Matter
Claims 6-7 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.
Regarding claim 6, the prior art of record does not teach or suggest in combination with the other limitations of the claim a card system comprising: a primary child card; a primary parent card; at least one parent card; and a pocket formed in the primary parent card, wherein enclosed assembly, comprising the primary child card and the at least one parent card, is receivable into the pocket of the primary parent card and wherein the enclosed assembly separable from the pocket in combination with the other limitations of the claim and further comprising the enclosed relationship includes the primary child card received into a second pocket of a corresponding parent card of the at least one parent card in a second enclosed assembly.
Regarding claim 9, the prior art of record does not teach or suggest in combination with the other limitations of the claim a card system comprising: a primary child card; a primary parent card; at least one parent card; and a pocket formed in the primary parent card, wherein enclosed assembly, comprising the primary child card and the at least one parent card, is receivable into the pocket of the primary parent card and wherein the enclosed assembly separable from the pocket in combination with the other limitations of the claim and further comprising the wherein the at least one parent card includes a plurality of parent cards, and the enclosed relationship includes the plurality of parent cards forming a series of enclosed assemblies according to a descending order in size.
Regarding claim 10, the prior art of record does not teach or suggest in combination with the other limitations of the claim a card system comprising: a primary child card; a primary parent card; at least one parent card; and a pocket formed in the primary parent card, wherein enclosed assembly, comprising the primary child card and the at least one parent card, is receivable into the pocket of the primary parent card and wherein the enclosed assembly separable from the pocket in combination with the other limitations of the claim and further comprising the at least one parent card includes a first parent card and a second parent card, the second parent card having a parent relationship with the primary child card and a child relationship with the first parent card, the first parent card having a child relationship with the primary parent card.
Response to Arguments
Applicant’s arguments with respect to claims 1 and 3-21 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.
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 CASSANDRA DAVIS whose telephone number is (571)272-6642. The examiner can normally be reached Monday-Friday 8:00 AM-4:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at 571-272-8227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CASSANDRA DAVIS/Primary Examiner, Art Unit 3631
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