DETAILED ACTION
This communication is a first Office Action Non-Final rejection on the merits. Claims 1-20 as originally filed are pending and have been considered below.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “second fastener” of claim 9 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
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.
Claim(s) 1-7 and 20, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Thomas (U.S. Patent No. 6,848,492).
Regarding claim 1, Thomas teaches a decorative window insulation device (abstract) comprising: a body (figure 1) comprised of an insulating material (abstract), the body comprised of: a front surface (figure 1) comprised of a first indicia (decorative patterns [not labeled]; figure 1) and a fastener (06); and a rear surface (figure 2) comprised of a second indicia (decorative patterns [not labeled]; figure 2).
Regarding claim 2, Thomas teaches a shape of the body is comprised of an object (figure 2).
Regarding claim 3, Thomas teaches the body is comprised of an insulating foam (col. 5, lines 10-15).
Regarding claim 4, Thomas teaches the first indicia is comprised of a pattern (figure 1).
Regarding claim 5, Thomas teaches the second indicia is comprised of a pattern (figure 1).
Regarding claim 6, Thomas teaches the fastener is comprised of an adhesive hook and loop fastener (col. 5, lines 15-25).
Regarding claim 7, Thomas teaches the fastener is comprised of an adhesive fastener (col. 5, lines 20-25).
Regarding claim 20, Thomas teaches a method of using a decorative window insulation device (abstract), the method comprising the following steps: providing a decorative window insulation device (figures 1-3) comprised of a body (figure 1) made from an insulating material (abstract), the body comprised of a front surface (figure 1) comprised of a first indicia (decorative patterns [not labeled]; figure 1) and a first fastener (06) and a rear surface (figure 2) comprised of a second indicia (decorative patterns [not labeled]; figure 2); and attaching the body to a window frame (figure 3) via the fastener (at 06; figure 3).
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 of this title, 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) 8-18, is/are rejected under 35 U.S.C. 103 as being unpatentable over Thomas (U.S. Patent No. 6,848,492) in view of Cowden et al. (U.S. Patent No. 4,272,934).
Regarding claim 8, Thomas does not specifically disclose the fastener is comprised of a magnet fastener.
Cowden et al. discloses a window insulation attachment (abstract) including a magnet fastener (col. 4, lines 10-15).
Therefore, from the teaching of Cowden et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the window insulation assembly of Thomas to include a magnet fastener, as taught by Cowden et al., in order to prolong the life of the fastener, as hook and loop fasteners tend to wear down and lose grip over time.
Regarding claim 9, Thomas teaches a decorative window insulation device (abstract) comprising: a body (figure 1) comprised of an insulating material (abstract), the body comprised of: a front surface (figure 1) comprised of a first indicia (decorative patterns [not labeled]; figure 1) and a fastener (06); and a rear surface (figure 2) comprised of a second indicia (decorative patterns [not labeled]; figure 2).
Thomas does not specifically disclose a second fastener.
Cowden et al. discloses a window insulation attachment (abstract) including a second fastener (132; figure 4).
Therefore, from the teaching of Cowden et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the window insulation assembly of Thomas to include a second fastener, as taught by Cowden et al., in order to apply additional decorative attachments to the window insulation device, for the desired aesthetic.
Regarding claim 10, Thomas teaches the first indicia is comprised of a pattern (figure 1).
Regarding claim 11, Thomas teaches the second indicia is comprised of a pattern (figure 1) that differs from the first indicia (since the second pattern occupies a greater surface area than the first, they are different).
Regarding claim 12, Thomas teaches a shape of the body is comprised of an object (figure 2).
Regarding claim 13, Thomas teaches the body is comprised of an insulating foam (col. 5, lines 10-15).
Regarding claim 14, Thomas teaches the first fastener is comprised of an adhesive hook and loop fastener (col. 5, lines 15-25).
Regarding claim 15, Thomas teaches the first fastener is comprised of an adhesive fastener (col. 5, lines 20-25).
Regarding claim 16, Thomas does not specifically disclose the first fastener is comprised of a magnet fastener.
Cowden et al. discloses a window insulation attachment (abstract) including a magnet fastener (col. 4, lines 10-15).
Therefore, from the teaching of Cowden et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the window insulation assembly of Thomas to include a magnet fastener, as taught by Cowden et al., in order to prolong the life of the fastener, as hook and loop fasteners tend to wear down and lose grip over time.
Regarding claim 17, Cowden et al. in the combination discloses the second fastener is comprised of an adhesive fastener (secured by an adhesive; col. 2, lines 60-65).
Regarding claim 18, Cowden et al. in the combination discloses the second fastener is comprised of an adhesive fastener (secured by an adhesive; col. 2, lines 60-65).
Regarding claim 19, Cowden et al. in the combination discloses the second fastener is comprised of a magnet fastener (col. 4, lines 10-15).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The cited patents listed on the included form PTO-892 further show the state of the art with respect to decorative window insulation in general.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OMAR HIJAZ whose telephone number is (571)270-5790. The examiner can normally be reached on 8-6 EST Monday-Friday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached on (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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/OMAR F HIJAZ/Examiner, Art Unit 3633