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
Claim 9 is 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 claim sets forth a physical structure/configuration that is well beyond that which is disclosed within the Nemzin 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 Nemzin to the extent necessary to satisfy each of Applicant’s pertinent limitations (specifically with regard to the claimed supporting structure being slidably extendable), as the requisite modifications to Nemzin would be likely to render the Nemzin assembly incapable of continuing to operate/behave in the particular manner set forth within the reference itself (given that Nemzin’s figs. 1-2 show that the assembly has a set/established length dimension, and expresses no explicit or implicit desire to instead be an “extendable” assembly), which would be strongly indicative of an application of improper hindsight reasoning.
Claim 9 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 1-12 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) claims 1 and 10-12 recite the limitation "the combination"; and ii) claim 11 recites the limitation “the surface position”.
The claim 4 recitation of “the border of the frames defined opposite parallel securing guides” is unclear. Exactly what structure/configuration is sought? Does Applicant actually wish to recite “the border of the frames defines opposite parallel securing guides”? Please review/revise/clarify.
The claim 10 recitation of “.;” renders the exact scope of the claim unclear, as a period generally signifies the end of a claim, but further language is provided after this period. Do Applicants actually intend to recite only a semicolon (“;”) at this location within the claim? Exactly what structure/configuration is sought? Please review/revise/clarify.
The claim 10 recitation of “ensuring order and contact” and the claim 11 recitation of “ensuring order” are unclear. Exactly what structure/configuration is desired? Please review/revise/clarify.
The claim 10 recitation of “where each spacing guide is adjacent to an opposite end of the spacing guide” is unclear. Exactly what structure/configuration does Applicant desire? Does Applicant actually wish to recite “where each spacing guide is adjacent to an opposite end of the securing guide”, as is recited in independent claims 1 and 10? Please review/revise/clarify.
The claim 11 recitation of “marking on the surface position of the at least one installation aperture” is unclear. Exactly what structure/configuration is sought? Does Applicant actually wish to recite “marking on the surface a position of the at least one installation aperture”? Please review/revise/clarify.
Claims 2-3 and 5-9 are rejected as depending from rejected independent 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 1-5, 7-8 and 10-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. 5,223,316 to Nemzin et al. (“Nemzin”).
Regarding claim 1, Namzin anticipates a tool (e.g. support frame 10, as shown in fig. 1) for positioning (figs. 1-2) a plurality (figs. 1-2) of symbols (e.g. characters 24A-G, as shown in fig. 1) to be installed (figs. 1-2) on a surface (e.g. wall discussed at col. 3, line 7), the tool (10) comprising: i) a plurality (figs. 1-2) of frames (e.g. holders 20A-G), each frame (20A-G) defining an aperture (e.g. openings 22A-G) corresponding to (fig. 2) one of the symbols (24A-G) to be positioned (figs. 1-2), each frame (20A-G) providing a border (e.g. areas between external edges of each holder 20A-G and openings 22A-G therein, as shown in figs. 1-2) around (i.e. surrounding, as shown in figs. 1-2) said aperture (22A-G), said border (aforementioned areas between external edges of each holder 20A-G and openings 22A-G therein) defining a securing guide (e.g. left and right edges of each holder 20A-G, as shown in figs. 1-2) and two opposite (figs. 1-2) spacing guides (e.g. upper and lower edges of each holder 20A-G, as shown in figs. 1-2) where each spacing guide (aforementioned upper and lower edges of each holder 20A-G) is adjacent (figs. 1-2) an opposite end (e.g. upper and lower ends, as shown in figs. 1-2) of the securing guide (aforementioned left and right edges of each holder 20A-G), at least one spacing guide (aforementioned upper and lower edges of each holder 20A-G) of each frame (20A-G) comprises at least one of a bump (e.g. projections 26, as shown in figs. 1-2) and/or a recess; ii) a supporting structure (e.g. frame member 12, as shown in fig. 1) for receiving (figs. 1-2) the securing guide (aforementioned left and right edges of each holder 20A-G) of the plurality (figs. 1-2) of frames (20A-G); and iii) wherein the combination (figs. 1-2) of the spacing guides (aforementioned upper and lower edges of each holder 20A-G) of contiguous (figs. 1-2) frames (20A-G) creates a predefined spacing between (figs. 1-2) the symbols (24A-G) received therein (figs. 1-2).
Regarding claim 2, Namzin anticipates the tool of claim 1, wherein the spacing guides (aforementioned upper and lower edges of each holder 20A-G) of some of the plurality of frames (20A-G) embed a portion of a contiguous (figs. 1-2) spacing guide (aforementioned upper and lower edges of each holder 20A-G).
Regarding claim 3, Namzin anticipates the tool of claim 1, wherein the supporting structure (12) is one of: a sliding structure (figs. 1-2) in which the plurality of frames (20A-G) is slidably inserted (figs. 1-2; note that manner in which holder 20A-G are slid into position in a depth-direction); a grasping structure (figs. 1-2) which holds therein (figs. 1-2) the securing guide (aforementioned left and right edges of each holder 20A-G) of frames (20A-G); or a receiving structure (figs. 1-2) for receiving (figs. 1-2) the plurality of frames (20A-G).
Regarding claim 4, Namzin anticipates the tool of claim 1, wherein: i) the border (aforementioned areas between external edges of each holder 20A-G and openings 22A-G therein) of the frames (20A-G) defined opposite parallel (figs. 1-2) securing guides (aforementioned left and right edges of each holder 20A-G); and ii) the supporting structure (12) defines opposing slides (figs. 1-2) for slidably receiving therein (figs. 1-2; note that manner in which holder 20A-G are slid into position in a depth-direction) the securing guides (aforementioned left and right edges of each holder 20A-G) of the at least two frames (20A-G).
Regarding claim 5, Namzin anticipates the tool of claim 1, wherein the opposite spacing guides (aforementioned upper and lower edges of each holder 20A-G) vary in size (figs. 1-2) around the aperture (22A-G).
Regarding claim 7, Namzin anticipates the tool of claim 1, wherein the supporting structure (12) further comprises a damage free adhesive (e.g. pressure sensitive adhesive discussed at col. 3, line 10) to temporarily affix (col. 3, lines 7-14) the supporting structure (12) on a wall (aforementioned wall discussed at col. 3, line 7) where the at least two symbols (24A-G) are to be installed (figs. 1-2).
Regarding claim 8, Namzin discloses the tool of claim 1, wherein the supporting structure (12) further comprises a centering indicator (e.g. grooves/slots 21, as shown in figs. 1-2) for centering (figs. 1-2) the at least two symbols (24A-G) in the supporting structure (12).
Regarding claim 10, Namzin anticipates a method for positioning (e.g. removable mounting operation discussed in written abstract and at col. 1, lines 58-61) a plurality (figs. 1-2) of symbols (e.g. characters 24A-G, as shown in fig. 1) to be installed (figs. 1-2) on a surface (e.g. wall discussed at col. 3, line 7), the method (aforementioned removable mounting operation) comprising: i) selecting at least two (figs. 1-2) frames (e.g. holders 20A-G), each frame (20A-G) defining an aperture (e.g. openings 22A-G) corresponding to (fig. 2) one of the symbols (24A-G) to be installed (figs. 1-2) on the surface (aforementioned wall), each frame (20A-G) providing a border (e.g. areas between external edges of each holder 20A-G and openings 22A-G therein, as shown in figs. 1-2) around (i.e. surrounding, as shown in figs. 1-2) said aperture (22A-G), said border (aforementioned areas between external edges of each holder 20A-G and openings 22A-G therein) defining at least one securing guide (e.g. left and right edges of each holder 20A-G, as shown in figs. 1-2) and two opposite (figs. 1-2) spacing guides (e.g. upper and lower edges of each holder 20A-G, as shown in figs. 1-2), each spacing guide (aforementioned upper and lower edges of each holder 20A-G) being adjacent (figs. 1-2) an opposite end (e.g. upper and lower ends, as shown in figs. 1-2) of the securing guide (aforementioned left and right edges of each holder 20A-G), at least one spacing guide (aforementioned upper and lower edges of each holder 20A-G) of each frame (20A-G) comprises at least one of a bump (e.g. projections 26, as shown in figs. 1-2) and/or a recess.; ii) inserting (figs. 1-2) the securing guides (aforementioned left and right edges of each holder 20A-G) of the at least two (figs. 1-2) frames (20A-G) in a supporting structure (e.g. frame member 12, as shown in fig. 1) and ensuring order and contact of (fig. 1) the spacing guides (aforementioned upper and lower edges of each holder 20A-G) of sequential frames (20A-G), the combination of spacing guides (aforementioned upper and lower edges of each holder 20A-G) of contiguous (figs. 1-2) frames (20A-G) creates a predefined spacing between (figs. 1-2) the symbols (24A-G) received therein (figs. 1-2); iii) temporarily affixing (e.g. using hanger tabs 30, as shown in figs. 1-2 and discussed at col. 3, lines 7-11; note that said hanger tabs 30 make use of pressure-sensitive adhesive) the supporting structure (12) on a wall (col. 3, line 7) where the symbols (24A-G) are to be installed (figs. 1-2); and iv) positioning (figs. 1-2) the symbols (24A-G) to be installed through (figs. 1-2) the apertures (22A-G) of the frames (20A-G).
Regarding claim 11, Namzin anticipates a method for positioning (e.g. removable mounting operation discussed in written abstract and at col. 1, lines 58-61) symbols(e.g. characters 24A-G, as shown in fig. 1) to be installed (figs. 1-2) on a surface (e.g. wall discussed at col. 3, line 7), the method (aforementioned removable mounting operation) comprising: i) selecting at least two (figs. 1-2) frames (e.g. holders 20A-G), each frame (20A-G) defining at least one installation aperture (e.g. openings 22A-G) corresponding to (fig. 2) one of the symbols (24A-G) to be installed (figs. 1-2), each frame (20A-G) providing a border (e.g. areas between external edges of each holder 20A-G and openings 22A-G therein, as shown in figs. 1-2) around (i.e. surrounding, as shown in figs. 1-2) said at least one installation aperture (22A-G), said border (aforementioned areas between external edges of each holder 20A-G and openings 22A-G therein) defining a securing guide (e.g. left and right edges of each holder 20A-G, as shown in figs. 1-2) and two opposite (figs. 1-2) spacing guides (e.g. upper and lower edges of each holder 20A-G, as shown in figs. 1-2) where each spacing guide (aforementioned upper and lower edges of each holder 20A-G) is adjacent to (figs. 1-2; also see the rejection under 35 USC 112, set forth supra) an opposite end (e.g. upper and lower ends, as shown in figs. 1-2) of the spacing guide (aforementioned upper and lower edges of each holder 20A-G), at least one spacing guide (aforementioned upper and lower edges of each holder 20A-G) of each frame (20A-G) comprises at least one of a bump (e.g. projections 26, as shown in figs. 1-2) and/or a recess; ii) inserting (figs. 1-2) the securing guide (aforementioned left and right edges of each holder 20A-G) of the at least two (figs. 1-2) frames (20A-G) in a supporting structure (e.g. frame member 12, as shown in fig. 1) and ensuring order of (figs. 1-2) the at least two frames (20A-G) and contact of (figs. 1-2) the spacing guides (aforementioned upper and lower edges of each holder 20A-G) of sequential frames (20A-G), the combination of spacing guides (aforementioned upper and lower edges of each holder 20A-G) of contiguous (figs. 1-2) frames (20A-G) creates a predefined spacing between (figs. 1-2) the symbols (24A-G) when installed (figs. 1-2); iii) temporarily affixing (e.g. using hanger tabs 30, as shown in figs. 1-2 and discussed at col. 3, lines 7-11; note that said hanger tabs 30 make use of pressure-sensitive adhesive) the supporting structure (12) on the surface (aforementioned wall discussed at col. 3, line 7) where the symbols (24A-G) are to be installed (figs. 1-2); and iv) marking on the surface position (see the rejection under 35 USC 112 set forth supra) of the at least one installation aperture (22A-G) for each one of the at least two frames (20A-G).
Regarding claim 12, Namzin anticipates a frame (e.g. holders 20A-G) for positioning (figs. 1-2) a symbol (e.g. characters 24A-G, as shown in fig. 1) to be installed (figs. 1-2) on a surface (e.g. wall discussed at col. 3, line 7), the frame (20A-G) comprising: i) a border (e.g. areas between external edges of each holder 20A-G and openings 22A-G therein, as shown in figs. 1-2) defining (figs. 1-2) an aperture (e.g. openings 22A-G) corresponding to (fig. 2) the symbol (24A-G) to be positioned (figs. 1-2), the border (aforementioned areas between external edges of each holder 20A-G and openings 22A-G therein) defining two opposite (figs. 1-2) spacing guides (e.g. upper and lower edges of each holder 20A-G, as shown in figs. 1-2), at least one spacing guide (aforementioned upper and lower edges of each holder 20A-G) comprises at least one of: a bump (e.g. projections 26, as shown in figs. 1-2) and/or a recess; ii) wherein the combination (figs. 1-2) of the spacing guide (aforementioned upper and lower edges of each holder 20A-G) with a spacing guide (aforementioned upper and lower edges of each holder 20A-G) of another contiguous (i.e. immediately adjacent instance, as shown in figs. 1-2) frame (20A-G) creates a predefined spacing between (figs. 1-2) the symbol (24A-G) received therein (figs. 1-2) and a contiguous (i.e. immediately adjacent instance, as shown in figs. 1-2) symbol (24A-G) received in (figs. 1-2) the contiguous (aforementioned immediately adjacent instance) frame (20A-G).
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.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Namzin in view of U.S. Patent Application Publication No. 2015/0090135 to Miller et al. (“Miller”).
Regarding claim 6, Namzin discloses the tool of claim 1, but does not disclose wherein the supporting structure (12) further comprises a leveling indicator.
Miller teaches the concept of providing a supporting structure (e.g. stencil 80) that comprises (fig. 7) a leveling indicator (e.g. leveling device 96, as shown in fig. 7).
Given that Namzin and Miller both concern plate structures to be applied against walls for the purpose of presenting indicia thereon, it would have been obvious to a person of ordinary skill in the art before the effective filing date to apply a Miller leveling device 96 upon the Namzin outer frame member 12, in order to provide the benefit of yielding a resultant Namzin assembly that presents indicia upon a wall in a leveled manner.
Conclusion
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/JUSTIN V LEWIS/Primary Examiner, Art Unit 3637