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 .
Allowable Subject Matter
Claims 4-5, 8-10, 14-15 and 18-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the aforementioned claims set forth a series of physical structures/configurations that are well beyond that which is disclosed within the Breiwa reference (discussed in greater depth infra), which is the prior art closest to Applicant’s claimed invention, and there would be no obvious reason to modify Breiwa to the extent necessary to satisfy each of Applicant’s pertinent limitations (specifically with regard to the inclusion of additional elements and structural modifications to the Breiwa assembly that the above claims would require, some of these elements even being unnecessary to Breiwa), as such modifications would be likely to render the Breiwa assembly incapable of continuing to operate/behave in the particular manner set forth within the reference itself (given the particularly sensitive nature of such metal canvas assemblies), which would be strongly indicative of an application of improper hindsight reasoning.
Claims 4-5, 8-10, 14-15 and 18-20 would be allowable if rewritten to overcome the rejections under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
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 4-5, 8-10, 14-15 and 18-20 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.
There is insufficient antecedent basis for multiple limitations in the claims, including: i) claim 4, 8, 14 and 18 recite the limitation "the portion of the covering element that is folded over a truncated corner".
The claims 4, 8, 14 and 18 recitations of “the portion of the covering element that is folded over a truncated corner” are inconsistent with the content of independent claims 1 and 11, which indicated that the covering element may be folded over more than one truncated corner. Exactly what structure/configuration is sought? Please review/revise/clarify.
Claims 5, 9-10, 15 and 19-20 are rejected as depending (directly or indirectly) from rejected claims 4, 8, 14 and 18.
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 1-3, 6-7, 11-13 and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2022/016083 A1 to Breiwa et al. (“Breiwa”).
Regarding claim 1, Breiwa discloses a decorative (fig. 1) panel (e.g. panel 102, as shown in figs. 1-5), comprising: i) a support structure (e.g. planar sheet 106, as shown in fig. 7) and a covering element (e.g. coating discussed at para. 9 and 37); ii) the support structure (106) comprising of at least one sheet of magnetic, metal or alloy, material (e.g. a metal sheet, per para. 35) and including a front surface (e.g. first surface 110, as shown in fig. 5 and discussed at para. 34), a back surface (e.g. second surface 112, as shown in fig. 5 and discussed at para. 34), at least one side (e.g. left, right, upper and lower edges, as shown in fig. 7), at least one truncated corner (e.g. relief cuts 120, as shown in fig. 7), and at least one bend guideline (e.g. surface modifications 108 and fold lines 122, as shown in fig. 7) separating (fig. 7) the support structure (106) into a central area (e.g. center rectangular area of planar sheet 106, as shown in fig. 7) and at least one bendable section (e.g. edge flaps of planar sheet 106, surrounding aforementioned center rectangular area, as shown in fig. 7); iii) the covering element (aforementioned coating) comprising of at least one sheet of supple material (e.g. epoxy, acrylic, polyester materials discussed at para. 37) and including a obverse surface (e.g. surface of aforementioned coating facing outward), a rear surface (e.g. surface of aforementioned coating facing planar sheet 106), and at least one edge (e.g. left, right, upper and lower edges, correlating with aforementioned edges of planar sheet 106, to which coating is attached); iv) wherein the covering element (aforementioned coating) covers (para. 37) the central area (aforementioned center rectangular area of planar sheet 106) on the front surface (110) of the support structure (106), and the covering element (aforementioned coating) is fastened to (i.e. provided on, per para. 37) at least one bendable section (aforementioned edge flaps of planar sheet 106), and each bendable section (aforementioned edge flaps of planar sheet 106) that the covering element (aforementioned coating) is fastened to (para. 37) includes at least one fastener (e.g. adherend attaching aforementioned epoxy, acrylic or polyester to planar sheet 106), and the covering element (aforementioned coating) is folded over (compare figs. 5 and 7) at least one truncated corner (120) and onto the back surface (112) of the support structure (106); v) wherein at least one bendable section (aforementioned edge flaps of planar sheet 106) that has the covering element (aforementioned coating) fastened to it (para. 37) is bent along (compare figs. 5 and 7) at least one bend guideline (108 and 122) toward (fig. 5) the back surface (112) of the support structure (106) to define (compare figs. 5 and 1-2) a decorative (fig. 1) panel (102).
Breiwa’s figs. 1-7 configuration does not explicitly disclose the use of a “mechanical” fastener or fastening operation.
However, Breiwa para. 81 teaches that two members may be coupled or joined directly or indirectly to each other by way of intermediate members as desired.
Accordingly, it would have been obvious to a person of ordinary skill in the art before the effective filing date to couple/join the aforementioned planar sheet 106 and its provided coating using intermediate members as desired, in order to provide the benefit of yielding a resultant assembly in which Breiwa’s constituent parts are firmly attached to each other with minimal chances of slippage occurring during use thereof.
Regarding claim 2, Breiwa discloses the decorative panel of claim 1, where at least one bend guideline (108 and 122) is at least partially marked (para. 56-57), or at least partially scored (para. 56-57), or both at least partially marked (para. 56-57) and at least partially scored (para. 56-57) on (fig. 7) the support structure (106), or the covering element (aforementioned coating), or both the support structure (106) and the covering element (aforementioned coating).
Regarding claim 3, Breiwa discloses the decorative panel of claim 1, where at least one bendable section (aforementioned edge flaps of planar sheet 106) further includes at least one bend guideline (fig. 7; note the presence of multiple modifications 108 and fold lines 122) subdividing (fig. 7) the bendable section (aforementioned edge flaps of planar sheet 106) into multiple bendable sections (fig. 7).
Regarding claim 6, Breiwa discloses the decorative panel of claim 1, where the covering element (aforementioned coating) has been prepared to accept art (e.g. image discussed at written abstract and para. 7), or has art already applied, or has been prepared to accept art and has art already applied.
Regarding claim 7, Breiwa discloses the decorative panel of claim 6, where at least one bendable section (aforementioned edge flaps of planar sheet 106) further includes at least one bend guideline (fig. 7; note the presence of multiple modifications 108 and fold lines 122) subdividing (fig. 7) the bendable section (aforementioned edge flaps of planar sheet 106) into multiple bendable sections (fig. 7).
Regarding claim 11, Breiwa discloses a decorative (fig. 1) panel (e.g. panel 102, as shown in figs. 1-5), comprising: i) a support structure (e.g. planar sheet 106, as shown in fig. 7) and a covering element (e.g. coating discussed at para. 9 and 37); ii) the support structure (106) comprising of at least one sheet of magnetic, metal or alloy, material (e.g. a metal sheet, per para. 35) and including a front surface (e.g. first surface 110, as shown in fig. 5 and discussed at para. 34), a back surface (e.g. second surface 112, as shown in fig. 5 and discussed at para. 34), at least one side (e.g. left, right, upper and lower edges, as shown in fig. 7), at least one truncated corner (e.g. relief cuts 120, as shown in fig. 7), and at least one bend guideline (e.g. surface modifications 108 and fold lines 122, as shown in fig. 7) separating (fig. 7) the support structure (106) into a central area (e.g. center rectangular area of planar sheet 106, as shown in fig. 7) and at least one bendable section (e.g. edge flaps of planar sheet 106, surrounding aforementioned center rectangular area, as shown in fig. 7); iii) the covering element (aforementioned coating) comprising of at least one sheet of supple material (e.g. epoxy, acrylic, polyester materials discussed at para. 37) and including a obverse surface (e.g. surface of aforementioned coating facing outward), a rear surface (e.g. surface of aforementioned coating facing planar sheet 106), and at least one edge (e.g. left, right, upper and lower edges, correlating with aforementioned edges of planar sheet 106, to which coating is attached); iv) wherein the covering element (aforementioned coating) covers (para. 37) the central area (aforementioned center rectangular area of planar sheet 106) on the front surface (110) of the support structure (106), and the covering element (aforementioned coating) is folded over (compare figs. 5 and 7) at least one side (aforementioned left, right, upper and lower edges) of the support structure (106) and onto the back surface (112) of the support structure (106), and the covering element (aforementioned coating) is fastened to (i.e. provided on, per para. 37) at least one bendable section (aforementioned edge flaps of planar sheet 106), and each bendable section (aforementioned edge flaps of planar sheet 106) that the covering element (aforementioned coating) is fastened to (para. 37) includes at least one fastener (e.g. adherend attaching aforementioned epoxy, acrylic or polyester to planar sheet 106), and the covering element (aforementioned coating) is folded over (compare figs. 5 and 7) at least one truncated corner (120) and onto the back surface (112) of the support structure (106); v) wherein at least one bendable section (aforementioned edge flaps of planar sheet 106) that has the covering element (aforementioned coating) fastened to it (para. 37) is bent along (compare figs. 5 and 7) at least one bend guideline (108 and 122) toward (fig. 5) the back surface (112) of the support structure (106) to define (compare figs. 5 and 1-2) a decorative (fig. 1) panel (102).
Breiwa’s figs. 1-7 configuration does not explicitly disclose the use of a “mechanical” fastener that intersects the covering element (aforementioned coating) on both the front surface (110) and back surface (112) of the support structure (106).
However, Breiwa para. 81 teaches that two members may be coupled or joined directly or indirectly to each other by way of intermediate members as desired.
For the reasons set forth in the rejection of claim 1, supra, it would have been obvious to couple/join the aforementioned planar sheet 106 and its provided coating using intermediate members as desired.
Regarding claim 12, Breiwa discloses the decorative panel of claim 11, where at least one bend guideline (108 and 122) is at least partially marked (para. 56-57), or at least partially scored (para. 56-57), or both at least partially marked (para. 56-57) and at least partially scored (para. 56-57) on (fig. 7) the support structure (106), or the covering element (aforementioned coating), or both the support structure (106) and the covering element (aforementioned coating).
Regarding claim 13, Breiwa discloses the decorative panel of claim 11, where at least one bendable section (aforementioned edge flaps of planar sheet 106) further includes at least one bend guideline (fig. 7; note the presence of multiple modifications 108 and fold lines 122) subdividing (fig. 7) the bendable section (aforementioned edge flaps of planar sheet 106) into multiple bendable sections (fig. 7).
Regarding claim 16, Breiwa discloses the decorative panel of claim 11, where the covering element (aforementioned coating) has been prepared to accept art (e.g. image discussed at written abstract and para. 7), or has art already applied, or has been prepared to accept art and has art already applied.
Regarding claim 17, Breiwa discloses the decorative panel of claim 16, where at least one bendable section (aforementioned edge flaps of planar sheet 106) further includes at least one bend guideline (fig. 7; note the presence of multiple modifications 108 and fold lines 122) subdividing (fig. 7) the bendable section (aforementioned edge flaps of planar sheet 106) into multiple bendable sections (fig. 7).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN V LEWIS whose telephone number is (571)270-5052. The examiner can normally be reached M-F 7:30AM-5:00PM.
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, Daniel J. Troy can be reached at (571) 270-3742. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JUSTIN V LEWIS/Primary Examiner, Art Unit 3637