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 21, 29, 33, 35-37 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by EP 0087024 to Christensen.
Regarding claim 21, Christensen teaches a frame comprising: a base plate (second frame part 11) defining a first surface (limb 23, figure 1) configured to face a vehicle, a second surface (opposite rear surface, not shown) configured to face away from the vehicle, and a side surface (limb 22) connecting the first surface (23) with the second surface (22), wherein the base plate (11) includes at least one protrusion (longitudinal rib 32 (only one of which can be seen in the drawings)) extending therefrom, wherein the base plate (11) is configured to be removably coupled with the vehicle; and a cover plate (first frame part 10) defining a first surface (rear of lip 19) configured to face the second surface of the base plate (11), a second surface configured to face away from the vehicle, and an inner side surface connecting the first surface of the cover plate with the second surface of the cover plate, wherein the cover plate includes a lip (wall 17) projecting from the inner side surface, and the lip (17) defines an interior-facing surface and an exterior-facing surface, wherein the cover plate (10) includes at least one recess (grooves I, 2, 3), formed in the interior-facing surface of the lip (17), configured to receive the at least one protrusion (32) of the base plate (11) therein, wherein the cover plate (10) is configured to be removably coupled with base plate (11).
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Regarding claim 29, Christensen teaches the lip (wall 17) is configured to wrap around the side surface (22) of the base plate (11) to removably secure the cover plate (10) with the base plate 11).
Regarding claim 33, Christensen teaches the second surface of the cover plate (10) defines at least one decorative feature (the inherent outer surface color and/or texture) facing away from the vehicle.
Regarding claim 35, Christensen teaches the lip (wall 19) is defined circumferentially around an entirety of the inner side surface of the cover plate (10).
Regarding claim 36, Christensen teaches the at least one recess (grooves I, 2, 3) faces an opposing surface of the lip (19).
Regarding claim 37, Christensen teaches the lip (19) projects toward a central area of the cover plate (10), and the at least one recess (1, 2, 3) opens toward the central area.
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.
Claims 21, 22, and 29 are rejected under 35 U.S.C. 103 as being unpatentable over to US 20080098629 to Graham et al. (Graham) in view of US 5081777 to Kim.
Regarding claim 21, Graham semi-locking license plate holder comprising: a base plate (rear frame 10) defining a first surface (rear surface) configured to face a vehicle, a second surface (rear frame face 12) configured to face away from the vehicle, and a side surface (rear frame side edge 18, figure 3A) connecting the first surface with the second surface, wherein the base plate (10) includes at least one protrusion (pin 152) extending therefrom, wherein the base plate (10) is configured to be removably coupled with the vehicle (¶0025); and a cover plate (frame cover 40) defining a first surface (rear surface) configured to face the second surface (rear frame face 12) of the base plate (10), a second surface (frame cover face 43) configured to face away from the vehicle, and an inner side surface connecting the first surface of the cover plate with the second surface of the cover plate, wherein the cover plate (40) includes a lip (frame cover side edge 44) projecting from an inner side surface (face opposite the frame cover face 43), and the lip (43) defining an interior-facing surface (surface facing the outer/exterior surface of the rear frame side edge 18) and an exterior-facing surface (surface facing outward, see annotated figure below), wherein the cover plate (40) includes at least one recess (one pin hole 42) configured to receive the at least one protrusion of the base plate therein, wherein the cover plate is configured to be removably coupled with base plate.
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Graham teaches the cover plate (40) includes at least one recess (one pin hole 42) configured to receive the at least one protrusion of the base plate therein. Graham does not teach the cover plate comprising at least one recess formed in the interior-facing surface of the lip configured to receive the at least one protrusion of the base plate therein.
Kim teaches a picture frame comprising a base plate (rigid back panel 22) defining a first surface (rear surface), a second surface (front surface), and a side surface, wherein the base plate (rigid back panel 22) includes at least one protrusion (pin 152) extending therefrom; and a cover plate (annular frame member 12) defining a first surface (rear surface) configured to face the second surface (front surface) of the base plate (22), a second surface (front surface), and an inner side surface connecting the first surface of the cover plate with the second surface of the cover plate, wherein the cover plate (12) includes at least one recess (dimple or depression 38 formed integrally in the inside wall of frame member flange 12a) configured to receive the at least one protrusion (nub 36) of the base plate (22) therein, wherein the cover plate (12) is configured to be removably coupled with base plate (22).
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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 locking engagement means comprising the pin and pin hole taught by Graham with locking engagement means comprising a protrusion (pin) and recess as taught by Kim with a reasonable expectation of success to provide an alternate means for securing the cover to the base/back of the frame. Such a modification would have involved a simple substitution of one known attachment means for another to obtain predictable results. KSR International Co. v. Teleflex Inc., 550 U.S. 398, 82 USPQ 2D 1385 (2007).
Regarding claim 22, Graham teaches at least two orifices (apertures 11) defined through the first surface and the second surface of the base plate (rear frame 10), wherein the at least two orifices (11) are configured to removably secure the base plate (10) to the vehicle (¶0025).
Regarding claim 29, Graham teaches a lip (frame cover side edge 44) projecting from the first surface of the cover plate (40), wherein the lip (44) is configured to wrap around the base plate (10) to removably secure the cover plate (40) with the base plate (10).
Regarding claim 33, Graham teaches the second surface of the cover plate defines at least one decorative feature (outer surface color or texture) facing away from the vehicle.
Regarding claim 35, Graham teaches the lip is defined circumferentially around an entirety of the inner side surface of the cover plate.
Regarding claim 36, Graham teaches the at least one recess faces an opposing surface of the lip.
Regarding claim 37, Graham teaches the lip projects toward a central area of the cover plate, and the at least one recess opens toward the central area.
Claims 23-27 are rejected under 35 U.S.C. 103 as being unpatentable over US 20080098629 to Graham et al. (Graham) in view of US 5081777 to Kim as applied to claim 21 and in further view of Kluck, US Patent 3315394.
Regarding claim 23, Graham does not teach the frame/cover plate having at least two recesses is configured to receive a corresponding head of a connecting member connecting the based plate with the vehicle.
Kluck teaches a license plate frame comprising a frame body (12) provided with a pair of integral flaps (16 and 18) which project inwardly from the frame (12) in a plane parallel to the face of the license plate (22) in overlying relationship to the ends of the fasteners 20 utilized to secure the license plate (22) to a vehicle a portion of a vehicle which is indicated at (24). The integral flaps (16 and 18) are provided with concave recesses (28 and 30) on their inwardly facing (first surface) portions adapted to receive the headed ends of the fasteners (20).
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It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct a cover plate (frame cover 40) of the license plate holder taught by Graham with at least a pair of recess on the inward facing surface to provide a means to receive the head of a fastener/connecting member as taught by Kluck to provide a means to protect the head of the fastener/connecting member.
Regarding claim 24, Graham teaches the fastener/connecting member comprising a screw, bolt or nail with a head (31; ¶0029).
Regarding claim 25, Graham teaches a cradle defined by the first surface (12) of the base plate (10), wherein the cradle is configured to receive a license plate (P) therein, and wherein the orifices (11) of the at least two orifices defined through the first surface and the second surface of the base plate (10) are configured to be aligned with at least two corresponding license plate orifices (9) when the license plate is arranged in the cradle.
Regarding claim 26, Graham teaches a lip (44) projecting from the first surface of the cover plate (40), wherein the lip (44) is configured to wrap around the base plate (10) to removably secure the cover plate 40 with the base plate 10. (¶0032, figure 4).
Regarding claim 27, Graham teaches the lip (44) is defined circumferentially around at least a portion of the inner side surface of the cover plate (P). (¶0032, figure 4).
Claim 32 is rejected under 35 U.S.C. 103 as being unpatentable over US 20080098629 to Graham et al. (Graham) in view of US 5081777 to Kim as applied to claim 1 and in further in view of Маскаев, RU 183546 U1.
Graham et al. does not teach a metal or plastic base plate and a silicon cover plate.
Маскаев teaches a vehicle license plate frame comprising an rigid plastic insert or base (2) and an elastomer frame or cover plate (1), wherein the elastomer base can be rubber or silicone.
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It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct a cover plate (frame cover 40) and the base plate of the license plate holder taught by Graham of silicone and plastic as taught by Маскаев to provide a license plate frame which reduces the risk of corrosion.
Claim 28 is rejected under 35 U.S.C. 103 as being unpatentable over US 20080098629 to Graham et al. (Graham) in view of US 5081777 to Kim and US Patent 3315394 to Kluck as applied to claim 27 above and in further view of Parnell, US Patent 9916779.
Regarding claim 28, Neither Graham et al. nor Kluck teach the lip of the cover plate comprising a material different from a material included in the cover plate.
Parnell teaches a sign mounting assembly (80) anchored to a vehicle. The assembly (80) comprising: a base plate (backing plate 94) defining a first surface configured to face a vehicle, a second surface (98) configured to face away from the vehicle, and a side surface (outer edge 99) connecting the first surface with the second surface; and a cover plate (display frame 86) defining a first surface configured to face the second surface of the base plate, a second surface configured to face away from the vehicle, and an inner side surface connecting the first surface of the cover plate with the second surface of the cover plate, wherein the cover plate (86) is configured to be removably coupled with base plate (94) by a plurality of display assembly retaining pins 100 (Figure 8, column 9, line 62-column 10, line 40). Parnell also teaches the cover plate (display frame 86) is held in place against the base plate (backing plate 94), with the display frame inner face in contact with the base plate (backing plate 94) outer edge (99). The base plate outer edge (99) may further comprise a layer of rubber, silicone, or other similar material in order to prevent moisture from seeping through the point of contact between the base plate outer edge (99) and the display frame inner face. The display assembly (80) may be further configured so that the cover plate (86) can be detached from the base plate (94), further allowing the sign insert (92) to be removed, as well as be replaced with a different sign insert. Parnell teaches the cover plate (display frame 86) and base plate (backing plate 94) can be made from plastic or lightweight metal (column 6, lines 19-21).
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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 lip of the cover plate of the license plate holder taught by Graham et al. comprising a different material such as a layer of rubber, silicone, or other similar material in order to prevent moisture from seeping through the point of contact between the base plate and the cover plate.
Claim 31 is rejected under 35 U.S.C. 103 as being unpatentable over Graham et al. (Graham) in view of US 5081777 to Kim as applied to claim 1 above, and in further view of Parnell, US Patent 9916779.
Regarding claim 31, Graham et al. teach the lip of the cover plate comprising a material different from a material included in the cover plate.
Parnell teaches a sign mounting assembly (80) anchored to a vehicle. The assembly (80) comprising: a base plate (backing plate 94) defining a first surface configured to face a vehicle, a second surface (98) configured to face away from the vehicle, and a side surface (outer edge 99) connecting the first surface with the second surface; and a cover plate (display frame 86) defining a first surface configured to face the second surface of the base plate, a second surface configured to face away from the vehicle, and an inner side surface connecting the first surface of the cover plate with the second surface of the cover plate, wherein the cover plate (86) is configured to be removably coupled with base plate (94) by a plurality of display assembly retaining pins 100 (Figure 8, column 9, line 62-column 10, line 40). Parnell also teaches the cover plate (display frame 86) is held in place against the base plate (backing plate 94), with the display frame inner face in contact with the base plate (backing plate 94) outer edge (99). The base plate outer edge (99) may further comprise a layer of rubber, silicone, or other similar material in order to prevent moisture from seeping through the point of contact between the base plate outer edge (99) and the display frame inner face. The display assembly (80) may be further configured so that the cover plate (86) can be detached from the base plate (94), further allowing the sign insert (92) to be removed, as well as be replaced with a different sign insert. Parnell teaches the cover plate (display frame 86) and base plate (backing plate 94) can be made from plastic or lightweight metal (column 6, lines 19-21).
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 lip of the cover plate of the license plate holder taught by Graham et al. comprising a different material such as a layer of rubber, silicone, or other similar material in order to prevent moisture from seeping through the point of contact between the base plate and the cover plate.
Claims 33-34 are rejected under 35 U.S.C. 103 as being unpatentable over Graham et al. (Graham) in view of US 5081777 to Kim as applied to claim 1 above, and in further view of Shen, US Patent 5383294.
Regarding claim 33, Graham does not teach the cover plate defines at least one decorative feature.
Shen teaches a variable number plate fixing frame comprising a frame body (10), a pair of symmetric side brackets (20A and 20B), and a cavity (11) conforming to the shape of each side bracket (20A and 20B) respectively so that the brackets can be removably inserted therein. Shen also teaches a recess (13) disposed at the upper and lower edges of said main frame body for mounting of decoration stickers (15).
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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 frame of the license plate holder taught by Graham with at least one recess and a decorative bracket or sticker as taught by Shen to provide a means to enhance the aesthetic appearance of the license plate holder
Regarding claim 34, Shen teaches the at least one decorative feature includes a first recess (11) and a second recess (13) defined in the front surface of the frame (10), wherein the first and second recess is configured to removably receive a first and second decorative insert (20 and 15), respectively, therein.
Response to Arguments
Applicant's arguments filed 3/2/2026 have been fully considered but they are not persuasive.
Regarding the rejection of claim 1 over US 20080098629 Graham et al. (Graham) in view of US 5081777 to Kim, the applicant argues Graham does not disclose or suggest an embodiment according to amended claim 1, comprising the cover plate includes a lip projecting from the inner side surface, the lip defines both an interior-facing surface and an exterior-facing surface, and the recess is formed in the interior-facing surface of that lip. The applicant contends Graham teaches “the pin hole 42 is formed in frame cover side edge 44 and does not constitute a recess formed in an interior-facing surface of an inward-projecting lip. Rather, the pin hole 42 is simply a hole formed through the side edge of the frame cover for lateral engagement with the pin 152. Graham does not describe or depict a lip projecting inward from an inner side surface that defines distinct interior-facing and exterior-facing surfaces, nor does Graham disclose or suggest a recess formed in the interior- facing surface of such a lip. Accordingly, the structure now recited in amended claim 21 is not disclosed or suggested by Graham.”
The examiner disagrees.
Graham teaches the frame cover side edge 44 extending generally perpendicular from the rear face of the frame cover (cover plate), wherein the frame cover side edge 44 corresponds to the claimed lip. Graham also teaches the frame cover side edge 44 may extend all the way around the frame cover 40 as shown in FIG. 1 and the frame cover side edge 44 is designed to overlap the rear frame side edge 18. It is inherent that the frame cover face 43 has a rear face opposite the cover face. Since the frame cover side edge (lip) is designed to overlap the rear frame side edge 18, the examiner contends it is also inherent that the frame cover side edge (lip) has an interior-facing surface (surface facing the outer/exterior surface of the rear frame side edge 18) and an exterior-facing surface (surface facing outward, see annotated figure below).
[AltContent: textbox (Frame cover side edge 44 extending from the generally perpendicular from the rear frame face (¶0032). Figure 1 shows the exterior facing surface of the side edge (lip).)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Frame cover face 43)]
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Regarding the applicant’s argument that Graham does not teach a recess formed in the interior-facing surface of that lip. The examiner agrees. However, as stated above, Kim teaches a picture frame comprising a base plate (rigid back panel 22) and a cover plate (annular frame member 12), wherein the cover plate (12) includes at least one recess (dimple or depression 38 formed integrally in the inside wall of frame member flange 12a) configured to receive the at least one protrusion (nub 36) of the base plate (22) therein, wherein the cover plate (12) is configured to be removably coupled with base plate (22).
The rejection is maintained.
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