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 § 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, 4, 6-10 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.
Regarding claim 1, line 41, the phrase “the positioning sticking portion” lacks antecedent basis.
Regarding claim 6, line 2, it is unclear if the positioning sticking portion is the same as claim 1, line 41.
Regarding claim 7, line 3, the phrase “the turning track” lacks antecedent basis. It is unclear if the turning track is the same as the “turning connection” recited in claim 1, line 29.
Claim Objections
Claim 9 is objected to because of the following informalities: it appears as if the numeral “4” should be deleted. Appropriate correction is required.
Allowable Subject Matter
Claims 1, 4, 6-10 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Regarding claim 1, Li teaches a photo frame, comprising: a frame body (1), wherein an insert cavity (sliding groove 10) for arranging a photo (picture, not labeled) is arranged in the frame body (1), and the insert cavity (10) is provided with a mounting opening for allowing the photo to enter the insert cavity; an opening-and-closing flip cover (movable cover 7), wherein the opening-and-closing flip cover (7) is turnably arranged on the frame body (1) and forms a closing position (figures 1 and 6) and an opening position (figure 4) on a turning track thereof, so that the mounting opening is in a closed state or an opened state; and an elastic positioning part (spring 8), wherein the elastic positioning part (8) acts between the opening-and-closing flip cover (7) and the frame body (fixing frame 6 of body 1).
Li does not teach when the opening-and-closing flip cover is located at the closing position, the elastic positioning part abuts against the opening-and-closing flip cover to keep the opening-and-closing flip cover in the closed state, and when the opening-and-closing flip cover is located at the opening position, the elastic positioning part abuts against the opening-and-closing flip cover to keep the opening-and-closing flip cover in the open state. In addition, Li does not teach a side that is of the first limiting portion and that is away from the second limiting portion is provided with a mounting guide slope, when the opening-and-closing flip cover and the frame body are in a separated state, the first mounting portion and the second mounting portion of the opening-and-closing flip cover located at the closing position are close to each other, at least one of the first mounting portion, the second mounting portion and the opening-and-closing flip cover is deformed by the mounting guide slope, so that the limiting strip gets across the first limiting portion to enter the first fastening cavity, and a positioning sticking portion goes backwards from the opening positioning portion to the closing positioning portion, and then under the action of the deformed first mounting portion, the second mounting portion and the opening-and-closing flip cover and the effect of the restoration of the closing positioning portion, the limiting strip is inserted into the first fastening cavity to complete mounting.
Regarding claim 1, the prior art of record does not teach or suggest a picture frame in combination with the other limitations of the claim comprising an opening and closing flip cover located at the closing position, the elastic positioning part abuts against the opening-and-closing flip cover to keep the opening-and-closing flip cover in the closed state, and when the opening-and-closing flip cover is located at the opening position, the elastic positioning part abuts against the opening-and-closing flip cover to keep the opening-and-closing flip cover in the open state.
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
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