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)(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 1-5, , 9, 14 and 15 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 20250058929 to A Dean (filing date 08/17/2023).
Regarding claim 1, A Dean teaches a wind chime giftbox comprising: a kinetic mobile sculpture (wind chime) comprising: a plurality of structures movably attached together via one or more connectors; and a suspender attached to one of the plurality of structures such that, upon removing from the holding board (black velvet interior padding; ¶0015), the plurality of structures (chime piece; ¶0016) hang from the suspender to represent a removable 3-dimensional kinetic mobile (wind chime); and a holding board (black velvet interior padding; ¶0015) having a plurality of pockets (cut-outs; ¶0016), the pockets (cut-outs) corresponding to the plurality of structures (chime pieces) and adapted to hold the structures within the pockets.
[AltContent: arrow][AltContent: textbox (1st coupler)][AltContent: arrow][AltContent: textbox (Holding board (black velvet interior padding))]
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Although Dean shows in figure 1 the wind chime comprising a plurality of structures movably attached together via one or more connectors; and a suspender attached to one of the plurality of structures, Dean does not show the wind chime once removed from the box.
Regarding claim 2, A Dean teaches a flap for covering the holding board in a closed position, such that, in the closed position, the one or more structures are securely placed and hidden in the pockets of the holding board.
Regarding claim 3, A Dean teaches the holding board is cut to house each of the one or more structures in fixed locations. A Dean teaches cut-outs to house each structure.
Regarding claim 4, A Dean teaches the fixed location (cut-outs) for housing each of the plurality of structures is selected in a way that the one or more structures (chime elements) do not tangle with each other as the structures are removed from the holding board.
Regarding claim 5, A Dean teaches the fixed location (cut-outs) for housing each of the plurality of structures (chime elements) is selected in a way that the plurality of structures are placed aesthetically to look beautiful when the flap is removed.
Regarding claim 8, A Dean teaches the kinetic mobile sculpture is a hangable decorative, and the suspender is attached to a first coupler so that the kinetic mobile sculpture can be removably attached to a ceiling by the suspender.
Regarding claim 9, A Dean teaches the kinetic mobile sculpture is an earring, and the kinetic mobile sculpture stored within the holding board (black velvet interior padding) includes a hook adapted to removably attaching the kinetic mobile sculpture to an ear (see figure 1).
Regarding claim 14, A Dean teaches a connector the removable 3-dimensional kinetic mobile sculpture is pre-assembled while packaged in the holding board, and the 3-dimensional kinetic mobile sculpture is adapted for a user to lift the suspender to remove the kinetic mobile sculpture for immediate deployment.
Regarding claim 15, A Dean teaches a wind chime giftbox comprising: a front flap; a back section; and a holding board secured to the back flap, the holding board having a plurality of pockets (cut-outs), the pockets adapted to correspond to a plurality of structures of a kinetic mobile sculpture (chime piece; ¶0016) and adapted to hold the structures within the pockets; wherein the front flap is pivotably connected to the back section, and wherein the front flap can be pivoted between an open position and a closed position, and wherein in the closed position the front flap can lay over the holding board and cover the pockets.
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.
Claims 6 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over US 20250058929 to A Dean (filing date 08/17/2024) in view of US 20030230501 to Smolev.
Regarding claims 6 and 12, A Dean does not teach the holding board is made of a rigid material selected from at least one of: wood veneer, metal, alloy, plastic, and cardboard
Smolev teaches a gift and greeting card combination that is specifically designed and shaped to hold a pre-selected personal care article gift or other pre-selected gift item comprising a thick, planar material 20 that has a front 22 and back surface and a cutout 28 sized and shaped to provide a friction fit for a selected gift item. The planar material 20 corresponds to the claimed holding board, wherein the holding board is made of a rigid material selected from at least one of: wood veneer, metal, alloy, plastic, and cardboard (¶0061).
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Since the applicant does not disclose that a holding board made of wood veneer, metal, alloy, plastic, and cardboard solves any stated problem or is for any particular purpose, it appears that constructing the holding board of any suitable material such as cardboard would perform equally well in retaining the structure. 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 padding of the giftbox taught by A Dean of cardboard as taught by Smolev with a reasonable expectation of success to provide a sturdy and light weight holding means.
Claims 7, 13 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over US 20250058929 to A Dean (filing date 08/17/2024) in view of US 20030047059 to Brown.
Regarding claim 7, A Dean does not teach the one or more structures are made of a rigid material selected from at least one of: wood veneer, metal, alloy, plastic, and cardboard. Brown teaches a wind chime comprising a plurality of structures (chime rods 66) made of metal or wood (¶0004). It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to structures taught by A Dean of metal or wood as taught by Brown with a reasonable expectation of success to provide a structure that makes a sound when struck together.
Regarding claim 13 and 16, A Dean teaches a connector, however A Dean does not teach the connector being at least one of: jump ring, string, and spring. Brown teaches a wind chime comprising a plurality of structures (chime rods 66) movably attached together via one or more connectors (natural or synthetic strings or cords 68). It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to substitute the connectors taught by A Dean of with the string or cord as taught by Brown with a reasonable expectation of success as a conventional suspension means. Such a modification would have involved a simple substitution of one known suspension means for another to obtain predictable results. KSR International Co. v. Teleflex Inc., 550 U.S. 398, 82 USPQ 2D 1385 (2007).
Claims 10-11 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over US 20250058929 to A Dean (filing date 08/17/2024) in view of US 6878422 to Spaar.
Regarding claim 10, Spaar teaches a three-dimensional backdrop (three-dimensional hanging decoration 10), wherein the three dimensional backdrop (10) is stored in a flat and is adapted to be deployed automatically into a three-dimensional conformation when the three-dimensional backdrop (10) is removed from the flat configuration, without further assembly by the user (column 1, line 20-27 and column 2, line 18-30).
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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 substitute one of the plurality of climes of the wind chime taught by A Dean with the three-dimensional hanging decoration as taught by Spaar with a reasonable expectation of success to enhance the aesthetic appearance of the device. Such a modification would have involved a simple substitution of known attachment means for another to obtain predictable results. KSR International Co. v. Teleflex Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
Regarding claim 11, Spaar teaches at least one of the plurality of structures (one or more additional decorative ornaments, like hearts 16) are aesthetically arranged around an outer surface of the three-dimensional backdrop (main body 10).
Regarding claim 14, Spaar teaches the removable 3-dimensional kinetic mobile sculpture (main body 10) is pre-assembled while packaged, and the 3-dimensional kinetic mobile sculpture (10) is adapted for a user to lift the suspender (suspending string 14) to remove the kinetic mobile sculpture (10) for immediate deployment (column 1, line 20-27 and column 2, line 18-30).
It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to substitute one of the plurality of climes of the wind chime taught by A Dean with the three-dimensional hanging decoration as taught by Spaar with a reasonable expectation of success to enhance the aesthetic appearance of the device. Such a modification would have involved a simple substitution of known attachment means for another to obtain predictable results. KSR International Co. v. Teleflex Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
Claims 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over US 20250058929 to A Dean (filing date 08/17/2024) in view of
COKODIVE (2022, Jan 18). UNBOXING RM Bungeo-ppang Wind Chime. YouTube
https://www.youtube.com/watch?v=tpo9O0sbBvk.
Regarding claim 17, A Dean teaches a wind chime giftbox comprising: a method of deploying a kinetic mobile sculpture comprising: opening a front flap of the greeting card to reveal a holding board, the holding board having a plurality of pockets adapted to correspond to a plurality of structures of a pre-assembled kinetic mobile sculpture, and wherein the plurality of structures of the kinetic mobile sculpture are housed within the pockets of the holding board. A Dean does not teach grasping a string attached to one of the plurality of structures of the preassembled kinetic mobile sculpture; lifting the preassembled kinetic mobile sculpture out of the holding board of the greeting card; and displaying the preassembled kinetic mobile sculpture without the need for assembly of the kinetic mobile sculpture.
COKODIVE teaches unboxing a preassembled kinetic mobile sculpture comprising: opening a box to reveal a holding board, the holding board having a plurality of pockets adapted to correspond to a plurality of structures of a pre-assembled kinetic mobile sculpture, and wherein the plurality of structures of the preassembled kinetic mobile sculpture are housed within the pockets of the holding board; grasping a ring attached to one of the plurality of structures of the preassembled kinetic mobile sculpture; lifting the preassembled kinetic mobile sculpture out of the holding board of the greeting card; and displaying the preassembled kinetic mobile sculpture without the need for assembly of the kinetic mobile sculpture.
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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 wind chime of the wind chime giftbox taught by A Dean pre-assembled as taught by COKODIVE with a reasonable expectation of success to provide a means to unbox and display the wind chime without having to assembly to the wind chime.
Regarding claim 18, COKODIVE teaches lifting the preassembled kinetic mobile sculpture out of the holding board of the greeting card further comprises lifting the preassembled kinetic mobile sculpture out of the holding board of the greeting card in a single motion.
Response to Arguments
Applicant's arguments filed 4/10/2026 have been fully considered but they are not persuasive.
The applicant argues regarding the objection to the drawing is persuasive. The objection to the drawing is withdrawn.
Regarding the rejections of claims 1-16 and 16-18 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, the amendment to claims 1, 5, 7, 16 and 17 overcome the rejection. The rejection is withdrawn.
Regarding the rejections of claims 1-4, 9, and 15 under 35 U.S.C. 102(a)(2) as anticipated by US 20250058929 to A Dean (filing date 08/17/2023), the applicant argues Dean does not teach or suggest Applicant's claimed "plurality of structures movably attached together." The Applicant argues Dean does not teach or suggest Applicant's claimed "plurality of structures movably attached together" and "suspender attached to one of the plurality of structures such that, upon removing from a holding board, the plurality of structures hang from the suspender." In addition, the Applicant argues Dean does not teach the claimed “greeting card”.
The examiner disagrees.
Dean teaches a wind chime giftbox to safely store a wind chime inside (abstract). The giftbox comprises wherein the wind chime comprises special cut-outs keep the chime pieces in place (abstract and ¶0016).The examiner contends the phrase “chime pieces” implies a plurality of chime pieces, wherein the chime pieces corresponds the claimed "plurality of structures”. Figure 3 further illustrate the plurality of chime pieces positioned in the cut-outs of the box.
The examiner contends figure 3 further illustrates the plurality of chime pieces, suspenders and a connecter, as annotated above.
Regarding the Applicant’s argument that Dean does not teach the plurality of structures movably attached together, the examiner contends this feature is inherent by the general definition of a wind chime. According to Merriam-Webster.com a wind chime is “a cluster of small often sculptured pieces (as of metal or glass) suspended so as to chime when blown by the wind”. Deans clearly teaches the wind chime comprising a plurality of structures (pieces) and figure 3 clearly shows suspenders and a connector for moveably attaching the structures (pieces) together.
Regarding the Applicant’s argument that Dean does not teach the claimed “greeting card”, the examiner disagrees. Dean clearly teaches a device comprising a first portion (lid) hinged/folded to a second portion (container). Dean also teaches the exterior surface of the device comprises a decorations thereon. The examiner contends the box taught by Dean corresponds to the claimed greeting card.
Regarding claim 8, the Applicant argues Dean does not teach the claimed "the suspender is attached to a first coupler." Figure 3 clearly show the suspender attached to a first coupler (see annotated figure above).
The rejection is maintained.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The Wind Chime Co. (May 6, 2024). The Wayback Machine - https://web.archive.org/web/20240506100531/https://thewindchime.co/ teaches a wind chime.
The Wind Chime Co. teaches a gift box comprising: a kinetic mobile sculpture (wind chime) comprising: a plurality of structures movably attached together via one or more connectors; and a suspender attached to one of the plurality of structures such that, upon removing from the holding board, the plurality of structures (see annotated figures below) hang from the suspender to represent a removable 3-dimensional kinetic mobile (wind chime); and a holding board having a plurality of pockets, the pockets (cut-outs) corresponding to the plurality of structures (chime pieces) and adapted to hold the structures within the pockets.
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THIS ACTION IS MADE FINAL. 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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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
