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 and 3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by TW M335999 U to Lin.
Regarding claim 1, Lin teaches a picture frame comprising: a base member (bottom plate 10) comprising: a front panel (102), a rear panel (104), and a gusseted bottom panel (inner folded plate 301), wherein the front panel (102) and the rear panel (104) have a common top edge (folding lines 20); and a frame member (frame panel 101) coupled to the front panel (102) at two or three sides (folded over adhesive portions 103 on opposite sides of front panel 102, figures 1-2), wherein the frame member (101) and the front panel (102) form a pocket for a photograph (Lin teaches the photo can be placed from the side A so that it is sandwiched between the frame panel 101 and the front panel 102), wherein a side of the frame member (A) not attached to the front panel (102) forms an opening for receiving the photograph into the pocket, the frame member has a cutout (through hole 1011) in its center for displaying the photograph.
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Regarding claim 3, Lin teaches the multipurpose gifting article (picture frame) comprises the photograph.
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 4 is rejected under 35 U.S.C. 103 as being unpatentable over TW M335999 U to Lin in view of US 5979097 to Moore.
Regarding claim 4, Lin does not teach a greeting card inserted between the front panel and folded bottom panel.
Moore teaches a frame 14 for the versatile display of one or more items such as trading cards, sports cards, racing cards, photographs, greeting cards, prints, and the like (abstract).
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 photograph displayed within the photo frame taught by Lin with greeting card as taught by Moore with a reasonable expectation of success to provide a means for displaying a greeting card. Such a modification would have involved a simple substitution of one known display item for another to obtain predictable results. KSR International Co. v. Teleflex Inc., 550 U.S. 398, 82 USPQ 2D 1385 (2007).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over TW M335999 U to Lin in view of US 7363739 to Dalsey et al. (Dalsey).
Lin does not teach one or more stickers.
Dalsey teaches a decorative boarder (figure 5-6) comprising an underlayment 58, covering 60 over the underlayment 58 forming a pocket 22 adapted to receive image 20 and a flexible decorative sheet 62 positioned over covering 60. Sheet 62 can include a plurality of individual "sticker"-type pieces which affix to covering 60 and provide ornamentation (column 5, lines 36-59).
It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct photo frame taught by Lin with stickers as taught by Dalsey with a reasonable expectation of success to provide ornamentation to enhance the aesthetic appearance of the frame (Dalsey, column 5, lines 53-55).
Claims 5 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over TW M335999 U to Lin in view of US 2975905 to Foland.
Regarding claim 5, Lin teaches a picture frame and a method of preparing a multi-purpose gifting article (picture frame), the method comprising: folding an elongated sheet (bottom plate 10) thrice to form a front panel (102), a rear panel (104), and a bottom panel (301), wherein the front panel (102) and the rear panel (104) have a common top edge (folding lines 20); folding the bottom panel (301) inwards at its middle to form a longitudinal folding line (figure 6), wherein the bottom panel (301) can be folded inwards along the longitudinal folding line resulting in the front panel (102) collapsing over the rear panel (104); and attaching a frame member (101) over the front panel (102), wherein two or three sides of the frame member are attached to the front panel (folded over adhesive portions 103 on opposite sides of front panel 102, figures 1-2), wherein the frame member (101) and the front panel (102) form a pocket for receiving a photograph (Lin teaches the photo can be placed from the side A so that it is sandwiched between the frame panel 101 and the front panel 102), wherein a side of the frame member (A) not attached to the front panel forms an opening for receiving the photograph into the pocket, wherein the frame member (101) has a cutout (though hole 1011) in its center for displaying the photograph.
Lin does not teach a proximal end section and a distal end section of the elongated sheet form the bottom panel.
Foland teaches a display rack comprising a base member (blank 12) comprising: a front panel (19), a rear panel (20), and a gusseted bottom panel (base comprising base panels 17 and 18), wherein the front panel (19) and the rear panel (20) have a common top edge (folding lines 15-16). Foland teaches a proximal end section (free end 24) and a distal end section (free end 24’) of the elongated sheet (blank 12) form the bottom panel. The end sections (free edges 24, 24') of the base panels (17, 18) are brought together and an adhesive strip (23) is pasted over the outer surface of these base panels (17, 18) to complete the erection of the rack, (see column 2, lines 17-28).
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Since the applicant does not disclose that forming the bottom panel from a proximal end section and a distal end section of the elongated sheet solves any stated problem or is for any particular purpose, it appears that constructing the foldable bottom panel in any suitable manner as taught by Line would perform equally well in providing a collapsible display. It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct blank of the photo frame taught by Lin such that the proximal end section and a distal end section of the elongated sheet forms the bottom panel as taught by Foland with a reasonable expectation of success to provide a as a matter of design.
Regarding claim 7, Lin teaches inserting the photograph through the pocket.
Claim 6 are rejected under 35 U.S.C. 103 as being unpatentable over TW M335999 U to Lin in view of US 2975905 to Foland as applied above, and in view of US 5979097 to Moore.
Neither Lin nor Foland teaches inserting a greeting card between the front panel and the folded bottom panel.
Moore teaches a frame 14 for the versatile display of one or more items such as trading cards, sports cards, racing cards, photographs, greeting cards, prints, and the like (abstract).
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 photograph displayed within the photo frame taught by Lin with greeting card as taught by Moore with a reasonable expectation of success to provide a means for displaying a greeting card. Such a modification would have involved a simple substitution of one known display item for another to obtain predictable results. KSR International Co. v. Teleflex Inc., 550 U.S. 398, 82 USPQ 2D 1385 (2007).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 6578757 to Espenshied et al. teaches photo mailer (70) comprising: a base member (basic blank or sheet, not labeled) comprising: a front panel (back portion 41), a rear panel (cover portion 42), and a bottom panel (closure flap 43), wherein the front panel (41) and the rear panel (42) have a common top edge (fold line 50); and a frame member (frame portion 44) coupled to the front panel (41) at two or three sides, wherein the frame member (44) and the front panel (41) form a pocket for a photograph (75), wherein a side of the frame member not attached to the front panel forms an opening for receiving the photograph (75) into the pocket (figure 13), the frame member (44) has a cutout ( cut-out opening 47) in its center for displaying the photograph (column 6, line 34-64).
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Espenshied does not teach the bottom panel comprising a gusseted bottom panel.
US 6418652 to Crawford is cited to show a picture frame comprising decorative articles 460 mounted on a substantially planar region 414 of the front surface of the frame. The articles 460 may, for instance, be mounted to the frame using fasteners or an adhesive, such as cement, glue, tape, or other material.
The following US Patents are cited to show foldable picture frames: US 3174244, US 4780975, US 7287751, and US D407809.
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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/CASSANDRA DAVIS/ Primary Examiner, Art Unit 3631