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)(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, 2, 5 and 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20160135619 to Shields et al. (Shields).
Regarding claim 1, Shields teaches a modular display frame, wherein the modular display frame may be magnetically coupled to other modular display frames. Each frame comprising: a plurality of protective cases (frame 100), wherein each protective case (frame 100), of the plurality of protective cases, comprises: a front cover (first portion 102); a back cover (second portion 104) removably coupled to the front cover (102), wherein the front cover (102) and the back cover (104), when coupled, form a recess (display area 116) forming a shape having a plurality of corners (recess (display area 116) is formed from arms 108, 110, 112 and 114 and interior corners 118A, 118B, 118C and 118D, figure 2B), the recess (116) being configured to receive an object (photo or display object, figure 1) for insertion therein; and a securing mechanism (half of a magnet 126A, 126B, 126C and 126D, ¶0028 and 0030), coupled to the front cover (102) and the back cover (102), configured to removably couple the front cover (102) to the back cover (104), wherein: the securing mechanism (half of a magnets): comprises a plurality of magnets: and is configured to secure one or more protective cases to one or more other protective cases (figure 7A-7B), preventing movement between the plurality of protective cases (100), enabling the plurality of protective cases (100) to form a stand- alone display 9figure 7A-7B) comprising the plurality of protective cases (100), and each of the plurality of corners (figure 2B and 3) has a respective magnet (126A, 126B, 126C and 126D), of the plurality of magnets, aligned therewith to align the front cover with the back cover.
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Regarding claim 2, Shields teaches the plurality of magnets inserted in the front cover.
Regarding claim 5, Shields teaches the recess comprises an indentation in the back cover shaped to accommodate the object.
Regarding claim 6, Shields teaches the back cover comprises one or more second indentations (pocket 122A, 122B, 122C and 122D).
Claims 1-17 are rejected under 35 U.S.C. 103 as being unpatentable over
US 20040154204 to Fu in view of US 20180368590 to Yadgard and US 20160135619 to Shields et al. (Shields).
Regarding claim 1, Fu teaches a protective display holder for a flat item comprising: a front cover (rigid cover panel member 26); a back cover (rigid base panel member 24) removably coupled to the front cover (26), wherein the front cover (26) and the back cover (26), when coupled, form a recess (30) configured to receive an object (card 22) for insertion therein; a securing mechanism (first magnet 44 fixedly secured in the base 24 and second magnet 48 fixedly secured in the cover 26), coupled to the front cover and the back cover, configured to removably couple the front cover to the back cover (¶0044).
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Fu does not teach the display holder having the ability to attached to one another or a plurality of magnets, wherein each corner of the recess has a magnet.
Yadgard teaches a modular picture frame comprising: a plurality of protective cases (42, 44, 46, 48, 50, 52; figure 1), wherein each protective case, of the plurality of protective cases, comprises: a front cover (outer frame piece 90); a back cover (base plate 92) removably coupled to the front cover (90), wherein the front cover (90) and the back cover (92), when coupled, form a recess (recessed portion 102) configured to receive an object (photograph, document, work of art or the like 83) for insertion therein; and a securing mechanism, coupled to the front cover (lip 100 or portions of lip 100 may be formed of a magnetic material) and the back cover (magnets 93, 95, 97, and 99 disposed in base plate 92, or in one or more of sides 82, 84, 86, and 88), configured to removably couple the front cover (90) to the back cover (92), wherein the securing mechanism is configured to secure one or more protective cases to one or more other protective cases, preventing movement between the plurality of protective cases, enabling the plurality of protective cases to form a stand-alone display comprising the plurality of protective cases (¶0028, 0047, 0048, 0053).
Shields teaches a modular display frame, wherein the modular display frame may be magnetically coupled to other modular display frames. Each frame comprising: a plurality of protective cases (frame 100), wherein each protective case (frame 100), of the plurality of protective cases, comprises: a front cover (first portion 102); a back cover (second portion 104) removably coupled to the front cover (102), wherein the front cover (102) and the back cover (104), when coupled, form a recess (display area 116) forming a shape having a plurality of corners (recess (display area 116) is formed from arms 108, 110, 112 and 114 and interior corners 118A, 118B, 118C and 118D, figure 2B), the recess (116) being configured to receive an object (photo or display object, figure 1) for insertion therein; and a securing mechanism (half of a magnet 126A, 126B, 126C and 126D, ¶0028 and 0030), coupled to the front cover (102) and the back cover (102), configured to removably couple the front cover (102) to the back cover (104), wherein: the securing mechanism (half of a magnets): comprises a plurality of magnets: and is configured to secure one or more protective cases to one or more other protective cases (figure 7A-7B), preventing movement between the plurality of protective cases (100), enabling the plurality of protective cases (100) to form a stand- alone display 9figure 7A-7B) comprising the plurality of protective cases (100), and each of the plurality of corners (figure 2B and 3) has a respective magnet (126A, 126B, 126C and 126D), of the plurality of magnets, aligned therewith to align the front cover with the back cover.
It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct display holder taught by Fu wherein the magnets have the ability to attach one holder to another holder as taught by Yadgard with a reasonable expectation of success to provide a modular means to display a plurality of holder simultaneously. 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 protective display holder taught by Fu with the magnets attached adjacent the corners of the recess/indentation as taught by Shields with a reasonable expectation of success to provide a means to more securely retain the front cover (rigid cover panel member 26); a back cover (rigid base panel member 24) together.
Regarding claim 2, Fu teaches the securing mechanism comprises a plurality of magnets (magnetic members 142 and 48) inserted in the front cover (126, figure 14).
Regarding claim 3, Fu teaches the securing mechanism comprises a plurality of metal portions (magnetic members 140 and 46) inserted in the back cover (124) that are positioned to align with the plurality of magnets (magnetic members 142 and 148) inserted in the front cover (126) when the front cover (126) is coupled to the back cover (124). Fu teaches a “magnetic member other than a magnet, i.e. a magnetic member of a material (such as iron or steel) capable of being attracted by a magnet, may be substituted for one of the magnets 44, 48,” ¶0045).
Regarding claim 4, Fu teaches the metal portions are magnetic.
Regarding claim 5, Fu teaches the recess (30) comprises an indentation in the back cover (base 24) shaped to accommodate the object (card 22).
Regarding claim 6, Fu teaches the back cover (base 24) comprises one or more second indentations (indentations at the four corners of recess 30).
Regarding claim 7, Fu teaches the indentation (figure 30) is rectangular in shape (¶0041), and a portion of each of the one or more second indentations (indentation at the four corners of recess 30) overlaps with the indentation (recess 30) so that the one or more second indentations extends a perimeter of the indentation (figures 1-3).
Regarding claim 8, Fu teaches the back cover (base 24) comprises a flange (upstanding wall 32) extending along a terminal end (first transverse edge 34) of the back cover (24, ¶0043).
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Regarding claim 9, Fu teaches the flange (upstanding wall 32) comprises one or more apertures (slots or apertures 36).
Regarding claim 10, Fu teaches the front cover (rigid cover panel member 26) comprises one or more protections (flanges 38), and the one or more projections (38) are configured to be positioned in the one or more apertures (slots or apertures 36, ¶0043).
Regarding claim 11, Fu teaches the front cover (26) and the back cover (24) are rigid (¶0041).
Regarding claim 12, Fu teaches the front cover is transparent (¶0041).
Regarding claim 13, Fu teaches the front cover and the back cover are transparent (¶0041).
Regarding claim 14, Fu teaches the securing mechanism comprises a plurality of magnets (140 and 148) inserted in the front cover (first magnetic member 140 is fixedly secured in the base 124 adjacent to the base's second transverse edge 134 and fourth magnetic member 148 is fixedly secured in the cover 126 adjacent to the cover's first transverse edge 136, ¶0056-0057 and figure 14).
Regarding claim 15, since the applicant does not disclose that a T-shaped magnet solve any stated problem or is for any particular purpose, it appears that using a circular shaped magnet as taught by Fu would perform equally well. 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 circular shaped magnet taught by Fu with T-shape with a reasonable expectation of success as a matter of design. A change in the shape of a prior art device is a design consideration within the skill of the art. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Such a modification would have involved a simple substitution of one known shape magnet for another to obtain predictable results. KSR International Co. v. Teleflex Inc., 550 U.S. 398, 82 USPQ 2D 1385 (2007).
Regarding claim 16, Fu teaches the back cover comprises an opening (notch 54 along the base's second transverse edge 46, ¶0051 and figure 1).
Regarding claim 17, Fu teaches the opening (54) comprises an indentation configured to assist in separating the front cover from the back cover. Fu recites “the notches 54, 56 are in registration to form a channel or groove 58 for facilitating separation of the cover 26 from the base 24 so that the holder 20 may be disassembled”, (¶0051).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-17 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 CASSANDRA DAVIS whose telephone number is (571)272-6642. The examiner can normally be reached Monday-Friday 8:00 AM-4:30 PM.
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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