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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 09/18/2025 has been entered.
Claim Objections
Claim 1 is objected to because of the following informalities: claim 1, line 12 change “bodyis” to –body is--. Appropriate correction is required.
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(s) 1-9 and 15-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cardamone; Lisa P. (US 20050204618 A1), in view of Weder, Donald E. (US 20040074797 A1).
Regarding claim 1 Cardamone discloses a holder for arranging a plurality of articles (abstract); (Fig. 2), comprising: a framework (Fig. 2; 28), comprising: a plurality of nodes (corresponding to the intersecting portions), a plurality of connecting members (see annotated Fig. 2 below) configured to be interconnected with each other at a corresponding node of the plurality of nodes to form a plurality of cavities (Fig. 4; 31) therein, wherein each cavity of the plurality of cavities is interconnected with each other; a support structure (34) configured to support the framework; and a plurality of tubular members (19); [0026], wherein each tubular member of the plurality of tubular members is mounted to the framework (Fig. 2), and wherein the plurality of tubular members is configured to receive the plurality of articles therein [0013];
wherein each node of the plurality of nodes is spaced apart by a predetermined distance (shown in Fig. 2), thereby enabling each tubular member of the plurality of tubular members to be positioned at the corresponding node forming each cavity of the plurality of cavities (Cardamone discloses the use of more than one (19). Therefore, the structure of the nodes surrounding a second candleholder would be the same as in Fig. 2 in order to function as intended); wherein each of the plurality of tubular members comprises a cylindrical body (Fig. 2; 19).
Cardamone does not disclose an accordion-like structure, operable between a collapsible state and an expanded state, and wherein the accordion-like structure is elongated to a particular length based on a length of a floral article.
Weder, within the same field of endeavor, teaches an accordion-like [0043] structure (Fig. 1; 52), operable between a collapsible state (original state) and an expanded state [0038], and wherein the accordion-like structure is elongated to a particular length based on a length of a floral article [0038].
It would have been obvious to one having ordinary skill within the art before the effective filing date of the claimed invention to have modified the tubular members of Cardamone to include an accordion-like structure, operable between a collapsible state and an expanded state, and wherein the accordion-like structure is elongated to a particular length based on a length of a floral article, as taught by Weder, in order to provide customizable length as desired by a user.
Regarding claims 2 and 17 Cardamone, in view of Weder, as shown above, discloses all of the limitations of claim 1. Cardamone further discloses wherein the framework including the plurality of connecting members interconnected with each other at the corresponding node to form the plurality of cavities conforms to a lattice framework (Fig. 2).
Regarding claim 3 Cardamone, in view of Weder, as shown above, discloses all of the limitations of claim 2. Cardamone further discloses wherein the lattice framework comprises a semi- hemisphere structure (corresponding to the convex dome shape described in [0030]).
Regarding claim 4 Cardamone, in view of Weder, as shown above, discloses all of the limitations of claim 2. Cardamone further discloses wherein the plurality of cavities corresponds to at least one of a circular structure, hexagonal structure, diamond structure, and rectangular structure (Fig. 2).
Regarding claim 5 and 18 Cardamone, in view of Weder as shown above, discloses all of the limitations of claims 2 and 16. Cardamone further discloses wherein the plurality of tubular members is inserted into the plurality of cavities and mounted to an inner perimeter of the plurality of cavities [0026].
Regarding claims 6 and 19 Cardamone, in view of Weder, as shown above, discloses all of the limitations of claim 1. Cardamone further discloses wherein the plurality of tubular members extends from the plurality of nodes (as shown in the amended Fig. 2 below, (19) extends from four surrounding nodes) to a predetermined height (note the predetermined height could be 0)
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Regarding claim 7 Cardamone, in view of Weder, as shown above, discloses all of the limitations of claim 1. Cardamone further discloses wherein the plurality of tubular members comprises a proximal portion and a distal portion (corresponding to the top and bottom of 19).
Regarding claim 8 Cardamone, in view of Weder, as shown above, discloses all of the limitations of claim 7. Cardamone further discloses wherein the proximal portion of the plurality of tubular members is configured in an open configuration [0026].
Regarding claim 9 Cardamone, in view of Weder, as shown above, discloses all of the limitations of claim 7. Cardamone further discloses wherein the distal portion of the plurality of tubular members is configured in one of an open configuration and a closed configuration [0026].
Regarding claim 15 Cardamone, in view of Weder, as shown above, discloses all of the limitations of claim 1. Cardamone further discloses wherein the plurality of articles comprises at least one floral article (title); (abstract).
Regarding claim 16 Cardamone discloses a holder for arranging a plurality of floral articles (abstract); (Fig. 2), comprising: a framework (Fig. 2; 28), comprising: a plurality of nodes (corresponding to the intersecting portions), a plurality of connecting members (see annotated Fig. 2 above) configured to be interconnected with each other at a corresponding node of the plurality of nodes to form a plurality of cavities (Fig. 4; 31) therein, wherein each cavity of the plurality of cavities is interconnected with each other; a support structure (34) configured to support the framework; and a plurality of tubular members (19); [0026], wherein each tubular member of the plurality of tubular members is mounted to the framework (Fig. 2), and wherein the plurality of tubular members is configured to receive the plurality of floral articles therein [0013] in at least one orientation to form an arrangement of the plurality of floral articles;
wherein each node of the plurality of nodes is spaced apart by a predetermined distance (shown in Fig. 2), thereby enabling each tubular member of the plurality of tubular members to be positioned at the corresponding node forming each cavity of the plurality of cavities (Cardamone discloses the use of more than one (19). Therefore, the structure of the nodes surrounding a second candleholder would be the same as in Fig. 2 in order to function as intended); wherein each of the plurality of tubular members comprises a cylindrical body (Fig. 2; 19).
Cardamone does not disclose an accordion-like structure, operable between a collapsible state and an expanded state, and wherein the accordion-like structure is elongated to a particular length based on a length of a floral article.
Weder, within the same field of endeavor, teaches an accordion-like [0043] structure (Fig. 1; 52), operable between a collapsible state (original state) and an expanded state [0038], and wherein the accordion-like structure is elongated to a particular length based on a length of a floral article [0038].
It would have been obvious to one having ordinary skill within the art before the effective filing date of the claimed invention to have modified the tubular members of Cardamone to include an accordion-like structure, operable between a collapsible state and an expanded state, and wherein the accordion-like structure is elongated to a particular length based on a length of a floral article, as taught by Weder, in order to provide customizable length as desired by a user.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cardamone; Lisa P. (US 20050204618 A1), in view of Weder, Donald E. (US 20040074797 A1), in view of DEANER LELAND D (US 3131511 A).
Regarding claim 13 Cardamone, in view of Weder, as shown above, discloses all of the limitations of claim 1. Cardamone, in view of Weder, does not disclose plastic. Deaner discloses plastic (Col. 1, lines 36-39).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the support structure and plurality of tubular members of Cardamone in view of Weder, to include plastic, as taught by Deaner, for enhanced durability, and since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Claim(s) 14 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cardamone; Lisa P. (US 20050204618 A1), in view of Weder, Donald E. (US 20040074797 A1), in view of English; Karen (US 20180027750 A1).
Regarding claims 14 and 20 Cardamone, in view of Weder, as shown above, discloses all of the limitations of claims 1 and 16. Cardamone, in view of Weder, does not disclose wherein the holder further comprises at least one support member configured on the support structure, the at least one support member configured to support the holder on a receptacle.
English teaches wherein the holder further comprises at least one support member (Fig. 2; 120) configured on the support structure, the at least one support member configured to support the holder on a receptacle [0020].
It would have been obvious to one of ordinary skill within the art before the effective filing date of the claimed invention to have modified the holder of Cardamone and Weder, to include at least one support member configured on the support structure, the at least one support member configured to support the holder on a receptacle, as taught by English, in order to use the device with any sized container [0019].
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 16 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
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/BRITTANY A LOWERY/Examiner, Art Unit 3644
/MONICA L PERRY/Primary Examiner, Art Unit 3644