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 9 and 13 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 Bacallao reference (discussed in greater depth infra), which is the prior art closest to Applicants’ claimed invention, and there would be no obvious reason to modify Bacallao to the extent necessary to satisfy each of Applicants’ pertinent limitations.
With respect to claims 9 and 13, the provision of textile materials in general is well known, but providing such a material in the context of an electronic label would be inconsistent with the content of the Bacallao reference, and would be unlikely to provide any benefit thereto.
In view of the foregoing, the modifications necessary to satisfy each of Applicants’ claim limitations would be likely to render the Bacallao assembly incapable of continuing to operate/behave in the particular manner set forth within the reference itself (given the particularly sensitive nature of such electronic label assemblies), which would be strongly indicative of an application of improper hindsight reasoning.
Claims 9 and 13 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.
Note that any change to the scope of the claimed invention related to the aforementioned claims may potentially affect the determinations/treatment of claims set forth supra.
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 1-15 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.
The claim 1 recitations of “a screen” and “the screen” are unclear, as it is unknown whether Applicants intend to invoke an electronic screen, or alternatively, a mesh screen material. Exactly what structure/configuration is sought? Please review/revise/clarify.
Claims 2-15 are rejected as depending (directly or indirectly) from rejected claim 1.
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 1-8, 10-12 and 14-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication No. 2020/0066190 to Bacallao et al. (“Bacallao”).
Regarding claim 1, Bacallao anticipates an electronic (para. 2) display device (e.g. label holder 100 and electronic product label 180, together, as shown in fig. 1 and discussed at para. 15) for displaying product and/or price information (per para. 15, electronic product label 180 may display the name of products, unit price of the product or other identifying information), i) which is designed for displaying (fig. 1 and para. 15) a machine-readable code (e.g. bar code 182, as shown in fig. 1 and discussed at para. 15) and comprises a housing (e.g. label holder 100, alone, as shown in fig. 1 and discussed at para. 15) and a screen (e.g. display screen 184, as shown in fig. 1 and discussed at para. 15), ii) characterized in that the electronic display device (100 and 180, together) comprises a code carrier (e.g. panel carrying bar code 182, as shown in fig. 1) which is movable with respect to (fig. 1; note that electronic product label 180 is retained on label holder device 100 within a simple slot formed by flanges 110 and 114, and that such configuration will permit the entire electronic product label 180 to be slid into and out of the label holder 100 device; also note that depending on the flexibility of the material forming electronic product label 180, the portion carrying bar code 182 may be at least minimally bent/flexed in relation to the portion carrying display screen 184; further note that the instant claim is drawn to an electronic display device- not a method of use thereof) the housing (100, alone) and the screen (184) and carries (fig. 1) the machine-readable code (182).
Regarding claim 2, Bacallao anticipates the electronic display device according to claim 1, characterized in that the code carrier (aforementioned panel carrying bar code 182) protrudes from (fig. 1; note that the entire electronic product label 180 protrudes outward from the base portion of label holder 100 that attaches to product container 190) the housing (100, alone).
Regarding claim 3, Bacallao anticipates the electronic display device according to claim 1, characterized in that the code carrier (aforementioned panel carrying bar code 182) is formed in a pliable manner at least in some areas (as discussed supra, depending on the flexibility of the material forming electronic product label 180, the portion carrying bar code 182 may be at least minimally bent/flexed; note that the instant claim is drawn to an electronic display device- not a method of use thereof).
Regarding claim 4, Bacallao anticipates the electronic display device according to claim 1, characterized in that the code carrier (aforementioned panel carrying bar code 182) is elastically deformable at least in some areas (as discussed supra, depending on the flexibility of the material forming electronic product label 180, the portion carrying bar code 182 may be at least minimally bent/flexed; note that the instant claim is drawn to an electronic display device- not a method of use thereof).
Regarding claim 5, Bacallao anticipates the electronic display device according to claim 1, characterized in that the code carrier (aforementioned panel carrying bar code 182) is permanently connected (note that in the event that electronic product label 180 is never detached from label holder 100, the two components will be considered “permanently connected” to each other; also note that the instant claim is drawn to an electronic display device- not a method of use thereof) to the housing (100, alone). (In the event that Applicants actually intend to call for a physical construction in which one element is incapable of ever being separated from another element, the Office encourages Applicants to clearly and explicitly define the precise nature of said connection- e.g. unitary construction, welded/bonded together, etc.)
Regarding claim 6, Bacallao anticipates the electronic display device according to claim 1, characterized in that the housing (100, alone) is structured in (fig. 1) at least one front housing shell (e.g. flanges 110 and 114, together, as shown in fig. 1) and at least one rear housing shell (e.g. rear panel 102, as shown in fig. 1) and in that the code carrier (aforementioned panel carrying bar code 182) is inserted between (fig. 1) the front and the rear housing shell (aforementioned flanges 110 and 114, together and rear panel 102, respectively).
Regarding claim 7, Bacallao anticipates the electronic display device according to claim 1, characterized in that the housing (100, alone) carries (fig. 1) a screen (184) on a front side (e.g. front side of rear panel 102, as shown in fig. 1) of the housing (100, alone) and the machine-readable code (182) is applied on a side (e.g. front side, as shown in fig. 1) of the code carrier (aforementioned panel carrying bar code 182) which faces away from (fig. 1) the front side (aforementioned front side of rear panel 102).
Regarding claim 8, Bacallao anticipates the electronic display device according to claim 1, characterized in that the code carrier (aforementioned panel carrying bar code 182) is flat at least in some areas (fig. 1).
Regarding claim 10, Bacallao anticipates the electronic display device according to claim 1, characterized in that the code carrier (aforementioned panel carrying bar code 182) is formed in a loop shape (e.g. a vertically-oriented rectangular loop shaping, as shown in fig. 1).
Regarding claim 11, Bacallao anticipates the electronic display device according to claim 3, characterized in that the code carrier (aforementioned panel carrying bar code 182) is completely formed in the pliable manner (as discussed supra, depending on the flexibility of the material forming electronic product label 180, the portion carrying bar code 182 may be at least minimally bent/flexed; note that the instant claim is drawn to an electronic display device- not a method of use thereof).
Regarding claim 12, Bacallao anticipates the electronic display device according to claim 8, characterized in that the code carrier (aforementioned panel carrying bar code 182) is completely flat (fig. 1).
Regarding claim 14, Bacallao anticipates the electronic display device according to claim 1, wherein the screen (184) is directly fixed in (fig. 1) the housing (100, alone).
Regarding claim 15, Bacallao anticipates the electronic display device according to claim 14, wherein the housing (100, alone) comprises a front housing shell (e.g. flanges 110 and 114, together, as shown in fig. 1) and a rear housing shell (e.g. rear panel 102, as shown in fig. 1), and the code carrier (aforementioned panel carrying bar code 182) is fixed between (fig. 1) the front housing shell (110 and 114, together) and the rear housing shell (102).
Response to Arguments
In response to Applicants’ arguments that Bacallao does not disclose the content of the claims as now amended by Applicants (Arguments/Remarks pg. 5-6), the Office respectfully asserts that in view of Applicants’ material amendments to the claims, the Bacallao reference has been interpreted in a new light. Accordingly, the Office encourages Applicants to see the treatment of claims set forth supra.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 JUSTIN V LEWIS whose telephone number is (571)270-5052. The examiner can normally be reached M-F 7:30AM-5:00PM.
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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.
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/JUSTIN V LEWIS/Primary Examiner, Art Unit 3637
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