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
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.
Claims 1-4, 7-10 and 15-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nelson (US2014/0248819). Nelson discloses in the Figures and specification (see in particular Figs. 1 & 6-8 and paragraphs [0033-37] of the specification) an inflatable display comprising a balloon B, a balloon holder comprising a weighted base 200 and a hole 212 positioned within the base, a securement tube 14 configured to be at least partly within the hole of the base, and a support structure S1 comprising a first end configured to be positioned at least partly within the securement structure (see Figs 2 & 3) and a second end configured to be secured to the balloon such that the balloon is coupled to the balloon holder. With respect to claims 2, 3, 9, 10, 16 and 17, Nelson shows in Figures 7 and 8 an embodiment where the base is provided with additional holes and corresponding securement structures and support structures which collectively are configured to support a plurality of balloons vertically above the balloon holder. With respect to claims 4 and 11, the securement tube of Nelson comprises an inner diameter and an outer diameter (as shown e.g. in Fig. 1). With respect to claim 7, Nelson shows in Figs. 4 and 7 a hole with a perpendicular axis as recited. With respect to claim 8, each of the recited limitations is disclosed by Nelson as discussed above with respect to claim 1. With respect to claim 15, Nelson discloses the recited method of assembling the structure as discussed above with respect to claim 1.
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 5, 6, 12 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Nelson. While Neslon does not explicitly recite an expanding inner diameter or a deforming outer diameter of the securement tube as recited, these features are suggested by Nelson, which discloses a mechanism 16 within the securement tube such that the securement tube is operable to create a friction fit with both the inner and outer portions of the support structure. This suggests some degree of flexibility in the support structure and/or the securement tube.
Claims 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Nelson in view of Novak. Nelson discloses the claim limitations with the exception of the provision of a decorative feature as recited. This feature is known in the art, as taught for example by Novak at col. 2, lines 14-21, and would have been obvious to one of ordinary skill in the art as an aesthetic choice of design and for the purpose of providing a more visually appealing supporting device. With respect to claims 19 and 20, Novak discloses a method of applying a decorative feature which comprises wrapping the balloon holder such that the base is at least partially covered.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KURT FERNSTROM whose telephone number is (571)272-4422. The examiner can normally be reached M-F 10-6.
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/KURT FERNSTROM/Primary Examiner, Art Unit 3715
February 17, 2026