DETAILED ACTION
This is a non-final Office action for Application 18/636,206 filed 04/15/2024.
Status of Claims
Claims 1-20 are pending;
Claims 1-20 are original;
Claims 1-20 are rejected herein.
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 .
Information Disclosure Statement
The listing of references in the specification (see specification, paragraph 0008) is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the Examiner on form PTO-892, they have not been considered.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because the reference number "36" has been used to designate both the generally vertical handle (see Figures 1-7) and the indicia (see Figures 1 and 2). See specification, paragraphs 0026 and 0027.
The drawings are further objected to because of the following informalities:
Figure 3 – The reference numbers "26" and "28" should be switched. Note that Figure 3 shows "the opposite side" of the hanger of Figure 1, wherein Figures 1 and 2 show "the rear (wall side)" of the hanger. See specification, paragraphs 0014-0021.
Figure 3 – There are two lead lines each without a respective reference number. As best understood, these two lead lines appear to point to two indicia. See specification, paragraphs 0026 and 0027.
Figure 6 – The lower flange is incorrectly provided with the reference number "26" that is for the slot to receive the nail 30. As best understood, the lower flange should be provided with the reference number "24." See specification, paragraphs 0023 and 0024.
Figure 7 – The lower flange is incorrectly provided with the reference number "26" that is for the slot to receive the nail 30. As best understood, the lower flange should be provided with the reference number "24." See specification, paragraphs 0023 and 0024.
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.
Specification
The disclosure is objected to because of the following informalities:
Paragraphs 0026 and 0027, both the generally vertical handle and the indicia are provided with the same reference number "36" in the specification.
Paragraph 0035, line 3, "mater" appears to be --matter--.
Appropriate correction is required.
Claim Objections
Claims 1, 2, 5, 9, 13, 14, 16, 19, and 20 are objected to because of the following informalities:
Claim 1, line 2, "the hanger" appears to be --the picture frame hanger--.
Claim 1, line 5, "said horizontal member" appears to be --said generally horizontal member--.
Claim 1, line 6, "said vertical body" appears to be --said generally vertical body--.
Claim 1, line 6, "said body" appears to be --said generally vertical body--.
Claim 1, line 7, "said vertical body" appears to be --said generally vertical body--.
Claim 1, line 8, "said horizontal member" appears to be --said generally horizontal member--.
Claim 2, line 1, "said aperture" appears to be --said at least one aperture--.
Claim 5, line 2, "respective" should be removed.
Claim 5, line 3, the comma after "aperture" should be removed.
Claim 9, line 2, "said horizontal member" appears to be --said generally horizontal member--.
Claim 13, line 2, "the vertical body" appears to be --said generally vertical body--.
Claim 14, line 3, "it" appears to be --the picture--.
Claim 16, line 2, "the hanger" appears to be --the picture frame hanger--.
Claim 16, line 5, "said horizontal member" appears to be --said generally horizontal member--.
Claim 16, line 6, "said horizontal member" appears to be --said generally horizontal member--.
Claim 16, line 7, "said vertical body" appears to be --said generally vertical body--.
Claim 16, line 7, "said body" appears to be --said generally vertical body--.
Claim 16, line 10, "said vertical body" appears to be --said generally vertical body--.
Claim 16, line 11, "said horizontal member" appears to be --said generally horizontal member--.
Claim 19, line 2, "the vertical body" appears to be --said generally vertical body--.
Claim 20, line 3, "it" appears to be --the picture--.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term "means" or "step" or a term used as a substitute for "means" that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term "means" or "step" or the generic placeholder is modified by functional language, typically, but not always linked by the transition word "for" (e.g., "means for") or another linking word or phrase, such as "configured to" or "so that"; and
(C) the term "means" or "step" or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word "means" (or "step") in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word "means" (or "step") in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word "means" (or "step") are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word "means" (or "step") are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Regarding claim 1, the limitations "means for receiving at least one picture hanging element to permit the picture to hang on the wall" (claim 1, lines 8 and 9) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The corresponding structure in the specification for the "means for receiving at least one picture hanging element to permit the picture to hang on the wall" is "the configuration of lower flange 34" (specification, paragraph 0034).
Regarding claim 10, the limitations "said means for receiving a fastener" (claim 10, line 2) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The corresponding structure in the specification for "said means for receiving a fastener" is "at least one aperture" (claim 1, line 3; specification, paragraph 0023, at least one of the apertures 26, 28).
Regarding claim 14, the limitations "the means for receiving a fastener" (claim 10, line 2) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The corresponding structure in the specification for "the means for receiving a fastener" is "at least one aperture" (claim 1, line 3; specification, paragraph 0023, at least one of the apertures 26, 28).
Regarding claim 16, the limitations "means for receiving at least one picture hanging element to permit the picture to hang on the wall" (claim 16, lines 11 and 12) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The corresponding structure in the specification for the "means for receiving at least one picture hanging element to permit the picture to hang on the wall" is "the configuration of lower flange 34" (specification, paragraph 0034).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 10, 11, and 13-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 10, there is insufficient antecedent basis for the limitation "said means for receiving a fastener" (claim 10, line 2) in the claim. Note that claim 1 merely recites "at least one aperture therein to receive a fastener" (line 6). Appropriate correction is required.
Regarding claim 10, there is insufficient antecedent basis for the limitation "said top and bottom flanges" (claim 10, line 1) in the claim. Note that claim 1 merely recites "a top flange" (line 5) and "a lower flange" (line 6). It is not clear as to whether or not the limitation "said top and bottom flanges" (claim 10, line 1) refer to the combination of the limitation "a top flange" (claim 1, line 5) and the limitation "a lower flange" (claim 1, line 6). Appropriate correction is required.
Regarding claim 11, there is insufficient antecedent basis for the limitation "said top and bottom flanges" (claim 11, line 1) in the claim. Note that claim 1 merely recites "a top flange" (line 5) and "a lower flange" (line 6). It is not clear as to whether or not the limitation "said top and bottom flanges" (claim 11, line 1) refer to the combination of the limitation "a top flange" (claim 1, line 5) and the limitation "a lower flange" (claim 1, line 6). Appropriate correction is required.
Regarding claim 13, there is insufficient antecedent basis for the limitation "the top" (claim 13, line 3) in the claim. Appropriate correction is required.
Regarding claim 13, the limitations "wherein said fastener fastens the picture frame hanger to the frame of the picture" in claim 13 (lines 1 and 2) positively recite the "fastener," the "picture," and the component of the "picture" (i.e., the "frame") as required structures within the scope of claim 13, since each of the term "wherein" and the term "fastens" introduces positive recitation(s) thereafter in the instant case. However, claim 1 recites "[a] picture frame hanger for assisting in hanging a picture having a frame on a wall, the hanger comprising: a generally horizontal member having at least one aperture therein to receive a fastener to fasten the picture frame hanger to the picture" in lines 1-4, which limitations functionally recite the "fastener," the "picture," and the component of the "picture" (i.e., the "frame") as functional elements that are not required structures within the scope of claim 1. The positive recitations of the "fastener," the "picture," and the component of the "picture" (i.e., the "frame") in claim 13, which claim requires the functional recitations of the "fastener," the "picture," and the component of the "picture" (i.e., the "frame") in claim 1, renders the scope of claim 13 indefinite. It is not clear as to whether claim 13 is directed to a combination of the "picture frame hanger," the "fastener," and the "picture" or directed to a subcombination of the "picture frame hanger" adapted to be used with the "fastener" and the "picture." Applicant is advised to clearly claim the combination in the preamble of claim 13 or properly place the "fastener," the "picture," and the component of the "picture" (i.e., the "frame") in intended use consistently throughout claim 13. For the purpose of examination, based on the functional recitations of the "fastener," the "picture," and the component of the "picture" (i.e., the "frame") in claim 1, which claim 13 requires, claim 13 is considered to be directed to a subcombination of the "picture frame hanger" adapted to be used with the "fastener" and the "picture." As such, any recitation directed to the "fastener," the "picture," and/or the component of the "picture" (i.e., the "frame") is considered to be functional or intended use. Appropriate correction is required.
Regarding claim 14, there is insufficient antecedent basis for the limitation "the means for receiving a fastener" (claim 14, line 1) in the claim. Note that claim 1 merely recites "at least one aperture therein to receive a fastener" (line 6). Appropriate correction is required.
Regarding claim 14, there is insufficient antecedent basis for the limitation "the levelling" (claim 14, line 3) in the claim. Appropriate correction is required.
Regarding claim 15, there is insufficient antecedent basis for the limitation "the levelling" (claim 15, line 3) in the claim. Appropriate correction is required.
Regarding claim 16, the limitation "at least first and second slots" in line 3 is indefinite. It is not clear as to how many first slots (i.e., one first slot or a plurality of first slots) and how many second slots (i.e., one second slot or a plurality of second slots) are required by claim 16. Appropriate correction is required.
Regarding claim 16, there is insufficient antecedent basis for the limitation "said top and bottom flanges" (claim 16, line 8) in the claim. Note that claim 16 merely recites "a top flange" (line 6) and "a lower flange" (line 7). Note that this limitation is further recited in claim 18, line 1. It is not clear as to whether or not the limitation "said top and bottom flanges" (line 8) refer to the combination of the limitation "a top flange" (line 6) and the limitation "a lower flange" (line 7). Note that claim 18 further recites the limitation "said top and bottom flanges" in line 1, which also needs to be amended accordingly. Appropriate correction is required.
Regarding claim 19, the limitations "wherein said fastener fastens the picture frame hanger to the frame of the picture" in claim 19 (lines 1 and 2) positively recite the "fastener," the "picture," and the component of the "picture" (i.e., the "frame") as required structures within the scope of claim 19, since each of the term "wherein" and the term "fastens" introduces positive recitation(s) thereafter in the instant case. However, claim 16 recites "[a] picture frame hanger for assisting in hanging a picture having a frame on a wall, the hanger comprising: a generally horizontal member having at least first and second slots therein to receive at least one fastener to fasten the picture frame hanger to the picture" in lines 1-4, which limitations functionally recite the "fastener," the "picture," and the component of the "picture" (i.e., the "frame") as functional elements that are not required structures within the scope of claim 16. The positive recitations of the "fastener," the "picture," and the component of the "picture" (i.e., the "frame") in claim 19, which claim requires the functional recitations of the "fastener," the "picture," and the component of the "picture" (i.e., the "frame") in claim 16, renders the scope of claim 19 indefinite. It is not clear as to whether claim 19 is directed to a combination of the "picture frame hanger," the "fastener," and the "picture" or directed to a subcombination of the "picture frame hanger" adapted to be used with the "fastener" and the "picture." Applicant is advised to clearly claim the combination in the preamble of claim 19 or properly place the "fastener," the "picture," and the component of the "picture" (i.e., the "frame") in intended use consistently throughout claim 19. For the purpose of examination, based on the functional recitations of the "fastener," the "picture," and the component of the "picture" (i.e., the "frame") in claim 16, which claim 19 requires, claim 19 is considered to be directed to a subcombination of the "picture frame hanger" adapted to be used with the "fastener" and the "picture." As such, any recitation directed to the "fastener," the "picture," and/or the component of the "picture" (i.e., the "frame") is considered to be functional or intended use. Appropriate correction is required.
Regarding claim 20, there is insufficient antecedent basis for the limitation "the levelling" (claim 20, line 3) in the claim. Appropriate correction is required.
Claims 17 and 18 are rejected as being dependent from a rejected claim.
Claim Rejections - 35 USC § 102/103
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.
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.
Claims 1, 2, 5, 6, 10, 12, and 13, as best understood, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Munson (US 9,609,964 B1).
Regarding claim 1, Munson discloses a picture frame hanger (18(a), fig 1) for assisting in hanging a picture having a frame on a wall (see Figures 1-3, the picture frame hanger 18(a) is capable of performing the above intended use), the hanger comprising: a generally horizontal member (18(a), fig 1, see annotation, the picture frame hanger 18(a) itself is a generally horizontal member as shown in Figure 1) having at least one aperture (30(a), fig 1) therein to receive a fastener to fasten the picture frame hanger to the picture (see Figures 1-3, the at least one aperture 30(a) is capable of performing the above intended use); wherein said horizontal member has a generally vertical body (181, fig 1, see annotation, the generally vertical body of the generally horizontal member 18(a)), a top flange (182, fig 1, see annotation, the top flange of the generally horizontal member 18(a)) extending outwardly away from said vertical body (see Figures 1-3) and a lower flange (183, fig 1, see annotation, the lower flange of the generally horizontal member 18(a)) extending away from said body (se Figures 1-3); wherein said vertical body is configured to contact the frame of the picture (see Figures 1-3, the generally vertical body 182 has the configuration to perform the above intended use); and wherein said horizontal member further includes means (22, 72, 74, fig 2) for receiving at least one picture hanging element to permit the picture to hang on the wall (see Figures 1-3, the means 22, 72, 74 is capable of performing the above intended use).
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[AltContent: arrow][AltContent: textbox (182 – Top Flange)]
[AltContent: textbox (184 – Recess)][AltContent: arrow]
[AltContent: arrow][AltContent: textbox (183 – Bottom Flange)][AltContent: arrow]
[AltContent: textbox (181 – Generally Vertical Body)]
[AltContent: textbox (Annotation of Selected Portion of Figure 1)]
Regarding claim 2, wherein said aperture is a slot (see Figures 1-3).
Regarding claim 5, wherein said at least one aperture comprises at least a first aperture (30(a), fig 1) adapted to receive a respective first hanging element (see Figures 1-3, the first aperture 30(a) is capable of performing the above intended use) and a second aperture (30(N), fig 1), adapted to receive a second hanging element (see Figures 1-3, the second aperture 30(N) is capable of performing the above intended use).
Regarding claim 6, wherein said first aperture is a first slot (see Figures 1-3) and said second aperture is a second slot (see Figures 1-3).
Regarding claim 10, wherein said top and bottom flanges form therebetween a recess (184, fig 1, see annotation, the middle recess formed by the generally vertical body 18(a)) in which said means for receiving a fastener is disposed (see Figures 1-3).
Regarding claim 12, wherein said top flange has a generally arcuate top surface (80, fig 2).
Regarding claim 13, Applicant is reminded that, as discussed under 35 U.S.C. 112 above, claim 13 is considered to be directed to a subcombination of the "picture frame hanger" adapted to be used with the "fastener" and the "picture." As such, any recitation directed to the "fastener," the "picture," and/or the component of the "picture" (i.e., the "frame") is considered to be functional or intended use. Munson discloses the picture frame hanger, wherein said fastener fastens the picture frame hanger to the frame of the picture (see Figures 1-3, the picture frame hanger 18(a) is capable of performing the above intended use), and the vertical body is sized to fit on the frame without protruding over the top of the picture when in use (see Figures 1-3, the generally vertical body 181 is capable of performing the above intended use).
Claim 11, as best understood, is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Munson (US 9,609,964 B1), or, in the alternative, under 35 U.S.C. 103 as being unpatentable over Munson (US 9,609,964 B1), alone.
Regarding claim 11, Munson discloses the picture frame hanger, wherein said top and bottom flanges are configured to contact the wall and space the picture frame hanger therefrom when the picture is hanging on the wall (see Figures 1-3, the top and bottom flanges 182, 183 have the configurations to perform the above intended use, e.g., when used with a wall having bumps or stepped sections to be in contact with the top flange 182; note that Munson expressly states that various types of walls can be used with the picture frame hanger 18(a)), see col 4, lines 16-18).
Assuming Applicant argues that the top flange (182, fig 1, see annotation) is not configured to contact the wall and space the picture frame hanger therefrom when the picture is hanging on the wall, Munson is analogous art because it is at least from the same field of endeavor, i.e., supports. Before the effective filing date of the claimed invention, it would have been an obvious matter of design choice to one of ordinary skill in the art to form the top flange (182, fig 1, see annotation) with such a width to be configured to contact the wall and space the picture frame hanger therefrom when the picture is hanging on the wall, with a reasonable expectation of success, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). The motivation would have been to close any gap between the top flange and the wall to further prevent dust from entering from the top and accumulating within the recess. Therefore, it would have been obvious to modify Munson to obtain the invention as specified in claim 11.
Claims 1, 2, 5, 6, 9-13, 16, 18, and 19, as best understood, are rejected under 35 U.S.C. 103 as being unpatentable over Powell (GB 593,348 A)1 in view of Munson (US 9,609,964 B1).
Regarding claim 1, Powell discloses a picture frame hanger (1, fig 1) for assisting in hanging a picture having a frame on a wall (see Figure 1-12, the picture frame hanger 1 is capable of performing the above intended use), the hanger comprising: a generally horizontal member (2, fig 1) having at least one aperture (5, fig 1) therein to receive a fastener to fasten the picture frame hanger to the picture (see Figures 1-12, the at least one aperture 5 is capable of performing the above intended use); wherein said horizontal member has a generally vertical body (20, fig 1, see annotation, the upper generally vertical body of generally horizontal member 2), and a lower flange (6, fig 3) extending away from said body (see Figures 1-12); wherein said vertical body is configured to contact the frame of the picture (see Figures 1-12, the generally vertical body 20 has the configuration to perform the above intended use); and wherein said horizontal member further includes means (60, fig 1, see annotation, the configuration of the lower flange 6) for receiving at least one picture hanging element to permit the picture to hang on the wall (see Figures 1-12, the means 60 is capable of performing the above intended use).
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[AltContent: textbox (20 – Generally Vertical Body)]
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[AltContent: textbox (52 – Second Aperture)][AltContent: textbox (51 – First Aperture)][AltContent: arrow]
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[AltContent: textbox (60 – Means)]
Powell does not disclose the picture frame hanger, wherein the generally horizontal member has a top flange extending outwardly away from said vertical body.
Munson teaches a picture frame hanger (18(a), fig 1) for assisting in hanging a picture having a frame on a wall (see Figures 1-3, the picture frame hanger 18(a) is capable of performing the above intended use), the hanger comprising: a generally horizontal member (18(a), fig 1, see annotation, the picture frame hanger 18(a) itself is a generally horizontal member as shown in Figure 1) having at least one aperture (30(a), fig 1) therein to receive a fastener to fasten the picture frame hanger to the picture (see Figures 1-3, the at least one aperture 30(a) is capable of performing the above intended use); wherein said horizontal member has a generally vertical body (181, fig 1, see annotation, the generally vertical body of the generally horizontal member 18(a)), a top flange (182, fig 1, see annotation, the top flange of the generally horizontal member 18(a)) extending outwardly away from said vertical body (see Figures 1-3) and a lower flange (183, fig 1, see annotation, the lower flange of the generally horizontal member 18(a)) extending away from said body (se Figures 1-3); wherein said vertical body is configured to contact the frame of the picture (see Figures 1-3, the generally vertical body 182 has the configuration to perform the above intended use); and wherein said horizontal member further includes means (22, 72, 74, fig 2) for receiving at least one picture hanging element to permit the picture to hang on the wall (see Figures 1-3, the means 22, 72, 74 is capable of performing the above intended use).
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[AltContent: arrow][AltContent: textbox (182 – Top Flange)]
[AltContent: textbox (184 – Recess)][AltContent: arrow]
[AltContent: arrow][AltContent: textbox (183 – Bottom Flange)][AltContent: arrow]
[AltContent: textbox (181 – Generally Vertical Body)]
[AltContent: textbox (Annotation of Selected Portion of Figure 1)]
Powell and Munson are analogous art because they are at least from the same field of endeavor, i.e., supports. Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to form the generally horizontal member (Powell: 2, fig 1) with a top flange (Munson: 182, fig 1, see annotation, the top flange of the generally horizontal member 18(a)) extending outwardly away from said generally vertical body (Powell: 20, fig 1, see annotation, the upper generally vertical body of generally horizontal member 2), as taught by Munson, with a reasonable expectation of success. The motivation would have been to close up the upper space between the picture frame hanger and the wall to prevent dust from entering from the top and accumulating within the interior of the picture frame hanger. Therefore, it would have been obvious to combine Powell and Munson to obtain the invention as specified in claim 1.
Regarding claim 2, wherein said aperture is a slot (Powell: see Figures 1-12).
Regarding claim 5, wherein said at least one aperture comprises at least a first aperture (Powell: 51, fig 1, the aperture 5 on the left side in Figure 1) adapted to receive a respective first hanging element (Powell: see Figures 1-12, the first aperture 51 is capable of performing the above intended use) and a second aperture (Powell: 52, fig 1, the aperture 5 on the right side in Figure 1), adapted to receive a second hanging element (Powell: see Figures 1-12, the second aperture 52 is capable of performing the above intended use).
Regarding claim 6, wherein said first aperture is a first slot (Powell: see Figures 1-12) and said second aperture is a second slot (Powell: see Figures 1-12).
Regarding claim 9, the picture frame hanger further comprising: a generally vertical handle (Powell: 3, fig 1) affixed to said horizontal member (Powell: see Figures 1-12).
Regarding claim 10, wherein said top and bottom flanges form therebetween a recess (Munson: 184, fig 1, see annotation, the middle recess formed by the generally vertical body 18(a)) in which said means for receiving a fastener is disposed (Munson: see Figures 1-3; Powell: see Figures 1-12).
Regarding claims 11 and 18, Powell, as modified by Munson with respect to claim 1, teaches the picture frame hanger, wherein said top and bottom flanges are configured to contact the wall and space the picture frame hanger therefrom when the picture is hanging on the wall (Powell: see Figures 1-12, the bottom flange 6 has the configuration to perform the above intended use; Munson: see Figures 1-3, the top and bottom flanges 182, 183 have the configurations to perform the above intended use, e.g., when used with a wall having bumps or stepped sections to be in contact with the top flange 182; note that Munson expressly states that various types of walls can be used with the picture frame hanger 18(a)), see col 4, lines 16-18).
Assuming Applicant argues that the top flange (Munson: 182, fig 1, see annotation) is not configured to contact the wall and space the picture frame hanger therefrom when the picture is hanging on the wall, it would have been an obvious matter of design choice to one of ordinary skill in the art, before the effective filing date of the claimed invention, to form the top flange (Munson: 182, fig 1, see annotation) with such a width to be configured to contact the wall and space the picture frame hanger therefrom when the picture is hanging on the wall, with a reasonable expectation of success, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). The motivation would have been to close any gap between the top flange and the wall to further prevent dust from entering from the top and accumulating within the recess. Therefore, it would have been obvious to modify the combination of Powell and Munson to obtain the inventions as specified in claims 11 and 18.
Regarding claim 12, wherein said top flange has a generally arcuate top surface (Munson: 80, fig 2).
Regarding claims 13 and 19, Applicant is reminded that, as discussed under 35 U.S.C. 112 above, each of claims 13 and 19 is considered to be directed to a subcombination of the "picture frame hanger" adapted to be used with the "fastener" and the "picture." As such, any recitation directed to the "fastener," the "picture," and/or the component of the "picture" (i.e., the "frame") is considered to be functional or intended use. Powell, as modified by Munson with respect to claim 1, teaches the picture frame hanger, wherein said fastener fastens the picture frame hanger to the frame of the picture (Powell: see Figures 1-12, the picture frame hanger 1 is capable of performing the above intended use), and the vertical body is sized to fit on the frame without protruding over the top of the picture when in use (Powell: see Figures 1-12, the generally vertical body 20 is capable of performing the above intended use).
Regarding claim 16, Powell, as modified by Munson (see above discussions with respect to claim 1), teaches a picture frame hanger (Powell: 1, fig 1) for assisting in hanging a picture having a frame on a wall (Powell: see Figure 1-12, the picture frame hanger 1 is capable of performing the above intended use), the hanger comprising: a generally horizontal member (Powell: 2, fig 1) having at least first and second slots (Powell: 5, fig 1) therein to receive at least one fastener to fasten the picture frame hanger to the picture (Powell: see Figures 1-12, the first and second slots 5 are capable of performing the above intended use); and a generally vertical handle (Powell: 3, fig 1) affixed to said horizontal member (Powell: see Figures 1-12); wherein said horizontal member has a generally vertical body (Powell: 20, fig 1, see annotation, the upper generally vertical body of generally horizontal member 2), a top flange (Munson: 182, fig 1, see annotation, the top flange of the generally horizontal member 18(a)) extending outwardly away from said vertical body (Munson: see Figures 1-3) and a lower flange (Powell: 6, fig 3) extending away from said body, said top and bottom flanges forming therebetween a recess (Munson: 184, fig 1, see annotation, the middle recess formed by the generally vertical body 18(a)) in which said first and second slots are positioned (Munson: see Figures 1-3; Powell: see Figures 1-12); wherein said vertical body is configured to contact the frame of the picture (Powell: see Figures 1-12, the generally vertical body 20 has the configuration to perform the above intended use); and wherein said horizontal member further includes means (Powell: 60, fig 1, see annotation, the configuration of the lower flange 6) for receiving at least one picture hanging element to permit the picture to hang on the wall (Powell: see Figures 1-12, the means 60 is capable of performing the above intended use).
Claims 3, 4, 7, 8, 14, 15, 17, and 20, as best understood, are rejected under 35 U.S.C. 103 as being unpatentable over Powell (GB 593,348 A) in view of Munson (US 9,609,964 B1) and Willis (US 2022/0125223 A1)2.
Regarding claim 3, Powell, as modified by Munson with respect to claim 1, does not teach the picture frame hanger (1, fig 1), wherein said slot is non-linear.
Willis teaches a picture frame hanger (20, fig 15) comprising: a generally horizontal member (100, 170, 180, fig 15) having at least first and second apertures (172, 182, fig 15) therein to receive at least first and second fasteners (210, fig 16); wherein each of the at least first and second apertures is a non-linear, generally arcuate slot (see Figure 15).
Willis is analogous art because it is at least from the same field of endeavor, i.e., supports. Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to form each of the first and second apertures (Powell: 5, fig 1) as a non-linear, generally arcuate slot (Willis: 172, 182, fig 15) to receive the fasteners (Powell: 5a, fig 3), as taught by Munson, with a reasonable expectation of success. The motivation would have been to allow adjustment of the frame of the picture with respect to the picture frame hanger to a desired position on the wall. Therefore, it would have been obvious to combine Powell, Munson, and Willis to obtain the invention as specified in claim 3.
Regarding claim 4, wherein said slot is generally arcuate (Willis: see Figure 15).
Regarding claim 7, Powell, as modified by Munson and Willis (see above discussions with respect to claims 1 and 3), teaches the picture frame hanger, wherein at least one of said first and second slots is non-linear (Willis: see Figure 15).
Regarding claim 8, wherein said at least one of said first and second apertures is generally arcuate (Willis: see Figure 15).
Regarding claim 14, Powell, as modified by Munson and Willis (see above discussions with respect to claims 1 and 3), teaches the picture frame hanger, wherein the means for receiving the fastener is configured to permit the frame to be movably attached to the picture frame hanger to permit the levelling of the picture without removing it from the wall (Powell: see Figures 1-12; Willis: see Figures 15 and 16, each means 172, 182 has the configuration to perform the above intended use).
Regarding claim 15, Powell, as modified by Munson and Willis (see above discussions with respect to claims 1 and 3), teaches the picture frame hanger, wherein at least one of said first and second apertures is configured to permit the fastener to slide therein to facilitate the levelling of the picture (Powell: see Figures 1-12; Willis: see Figures 15 and 16, at least one of the first and second apertures 172, 182 has the configuration to perform the above intended use).
Regarding claim 17, Powell, as modified by Munson and Willis (see above discussions with respect to claims 1 and 3), teaches the picture frame hanger, wherein at least one of said first and second slots is generally arcuate (Willis: see Figure 15).
Regarding claim 20, Powell, as modified by Munson and Willis (see above discussions with respect to claims 1 and 3), teaches the picture frame hanger, wherein said first and second slots are configured to permit the frame to be movably attached to the picture frame hanger to facilitate the levelling of the picture without removing it from the wall (Powell: see Figures 1-12; Willis: see Figures 15 and 16, the first and second slots 172, 182 have the configurations to perform the above intended use).
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure. See the attached PTO-892 for various supports.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Guang H Guan whose telephone number is (571) 272-7828. The examiner can normally be reached weekdays (10:00 AM - 6:00 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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/G. H. G./Examiner, Art Unit 3631
/JONATHAN LIU/Supervisory Patent Examiner, Art Unit 3631
1 A copy of Powell is attached to the current Office action.
2 While the present application is a CIP of the prior Application No. 17/512,438, the subject matter of claims 1-20 of the present application is not disclosed in the prior Application No. 17/512,438. As such, claims 1-20 of the present application have an effective filing date of 04/15/2024. Accordingly, Willis (US 2022/0125223 A1), published on 04/28/20222, is qualified as prior art.