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 .
Claims 1-4 are being treated on the merits.
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 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sglurgup (Website: Christmas Tree Guitar Pick Ornaments : 3 Steps - Instructables 2010).
Regarding Claim 1, Sglurgup discloses an article comprising (Step 2):a substantially flat front-facing surface portion (first figure on page, guitar pick) and an opposite-facing flat back-facing surface portion (first figure on page, guitar pick; the back), where the front-facing surface portion and the back-facing surface portion are substantially parallel one with respect to the other (first figure on page, guitar pick), and where the front-facing surface portion and the back-facing surface portion extend to and are bounded by a first, a second and a third edge (edge of the triangular guitar pick), where each of the first, second and third edges are arcuate (first figure on page, guitar pick) and are joined end-to-end at a first apex, a second apex, and a third apex (first figure on page, guitar pick); and a through-hole extending through and from the front-facing surface portion, to and through the opposite-facing surface and proximate one of the first, second, and third apexes (first figure on page, guitar pick).
Regarding Claim 2, Sglurfup discloses two of the first, the second and the third edges are equal in length (Figures, a guitar pick has two equal lengths)
Regarding Claim 3, Sglurgup discloses the first, the second and the third edges are bull nose edges (first figure on page, guitar pick).
Regarding Claim 4 Sglurgup discloses a lanyard extending through the through-hole (hanging on Christmas tree with string, wire or hook)
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 2 & 4 are rejected under 35 U.S.C. 103 as being unpatentable over Fanjoy (USPN 6,434,870).
Regarding Claim 1, Fanjoy discloses an article (12) comprising: a substantially flat front-facing surface portion (Figure 2) and an opposite-facing flat back-facing surface portion (Figure 3), where the front-facing surface portion and the back-facing surface portion are substantially parallel one with respect to the other (Figures 1-3), and where the front-facing surface portion and the back-facing surface portion extend to and are bounded by a first, a second and a third edge (edges, see annotated Figure 2 below), and a through-hole (44) extending through and from the front-facing surface portion, to and through the opposite-facing surface and proximate one of the first, second, and third apexes (Figures 1-3). Fanjoy does not specifically disclose where each of the first, second and third edges are arcuate and are joined end-to-end at a first apex, a second apex, and a third apex. However, Fanjoy discloses various shapes can be used for the article (Col. 3, lines 27-28). It, however, would have been an obvious matter of design choice to one skilled in the art at before the effective filing date to construct the article having a triangular-type shape, since applicant has not disclosed that such solve any stated problem or is anything more than one of numerous shapes or configurations a person ordinary skill in the art would find obvious for the purpose of providing an article.
Regarding Claim 2, the modified Fanjoy discloses two of the first, the second and the third edges are equal in length (Col. 3, lines 27-28, triangle-type shape).
Regarding Claim 4, Fanjoy discloses a lanyard (14) extending through the through-hole (Figure 1).
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Claims 3 is rejected under 35 U.S.C. 103 as being unpatentable over Fanjoy (USPN 6,434,870) in view of Akarapu (US 2013/0288010).
Regarding Claim 3, Fanjoy does not disclose the first, the second and the third edges are bull nose edges. However, Akarapu discloses the use of bull nose edges for strength (Figure 1 & Para. 57-58). It would have been obvious to one of ordinary skill in the art before the effective filing date to include a bull nose edge, as taught by Akarapu, to the article of Fanjoy in order to increase strength.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/KATHARINE G KANE/Primary Examiner, Art Unit 3732