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 1-8 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, the following phrases lack antecedent basis: “the flower bundle base” (line 2); “the left end” (lines 5-6); “the right end” (line 6); “the bottom cover” (line 6); “the bottom of the flower bundle base” (lines 6-7); “the middle of the bottom cover” (lines 7-8); “the same plane as the indentation line” (lines 8-9); and “the lace base” (line 9).
Regarding claim 1, it is unclear if the phrase “a folded indentation line” is the same as the folded indentation line recited in claim 1, line 5.
Regarding claim 2, it is unclear if the phrase “a flower bundle base” is the same as the flower bundle base recited in claim 1, line 2.
Regarding claim 2, it is unclear if the phrase “a bottom cover” is the same as the bottom cover recited in claim 1, line 6.
Regarding claim 2, it is unclear if the phrase “a central petal” is the same as the inner central petal recited in claim 1, line 8.
Regarding claim 3, the phrase “the internal modeling petal inserting pieces” lacks antecedent basis.
Regarding claim 5, the phrase “the three-dimensional fancy greeting card” lacks antecedent basis.
Regarding claim 6, the phrase “the internal shaped petal” lacks antecedent basis.
Regarding claim 6, it is unclear if “the flower bundle” is the same as the “flower bundle base” recited in claim 1.
Regarding claim 7, it is unclear if “the flower bundle” (line 4) is the same as the “flower bundle base” recited in claim 1.
Regarding claim 7, the phrase “the upper surface” (line 4) lacks antecedent basis.
Regarding claim 7, the phrase “the clamping groove” (line 4) lacks antecedent basis.
Regarding claim 7, the phrase “the lower surface” (line 5) lacks antecedent basis.
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 1-3 and 5-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 11793255 to Karpiel et al. (Karpiel).
Regarding claim 1, Karpiel teaches an imitation flower arrangement comprising: the flower bundle base (imitation vase 104); at least one internal petal insert (imitation flower arrangement 102 including a decorative portion 106 and a base portion; figure 8); characterized in that said the flower bundle base (104) is formed by bonding a piece of plates together end to end (column 11, lines 17-27), a folding indentation line (first fold line 152 and a second fold line 154) is symmetrically arranged at the left end and the right end (figure 6), the bottom cover (base panel 142) is partially connected with the bottom of the flower bundle base (104), a folded indentation line (base fold line 408; figure 10) is further arranged in the middle of the bottom cover (142) is connected to an inner central petal (102), and is located on the same plane as the indentation line disposed on the lace base for folding. Karpiel teaches the imitation flower bouquet system may be incorporated into or otherwise mounted to a popup card (column 3, lines 22-24).
PNG
media_image1.png
464
454
media_image1.png
Greyscale
PNG
media_image2.png
574
508
media_image2.png
Greyscale
Regarding claim 2, Karpiel teaches the flower bundle base (104) is a single piece of paper sheet, is cut, folded and bonded to form a flower bundle base (104), a bottom cover (142) and a central petal (102), and the central petal can move in a vertical direction, so that the three-dimensional bouquet greeting card switches between a flat state (figure 14) and a three-dimensional state (figures 1 and13).
Regarding claim 3, Karpiel teaches a surrounding petal (a set of first outer decorative panels 130 and 132) is further attached to the flower bouquet base (104), and a plurality of clamping grooves (not labeled, figure 4) are provided on the surrounding petal (130, 132) for clamping and fixing the internal modeling petal inserting pieces (central decorative panels 122 and124).
Regarding claim 5, Karpiel teaches a plurality of modeling petal insertion pieces (central decorative panels 122 and 124) are further arranged inside the three-dimensional fancy greeting card (100, figure 4).
Regarding claim 6, Karpiel teaches the internal shaped petal inserts (central decorative panels 122 and 124) are two pieces of petal insertion pieces intersecting with each other, an X-shaped cross shape is formed when the petal insertion pieces are unfolded, and the two petal insertion pieces are installed in the flower bundle (104) and can be opened or folded (figure 4); (column 4, lines 36-51).
Regarding claim 7, Karpiel teaches the internal shaped petal insert is a single-piece petal (122), the single-piece petal (122) is provided with at least one vertical indentation line (distal panel slit 206), the single-piece petal (122) is installed in the flower bundle (104), the upper surface is clamped with the clamping groove (first mount slit 212 and a second mount slit 214) above the surrounding petal, and the lower surface is clamped and fixed with the flower bundle base positioning groove.
PNG
media_image3.png
472
558
media_image3.png
Greyscale
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 8 is rejected under 35 U.S.C. 103 as being unpatentable over US 11793255 to Karpiel et al. (Karpiel) in view of US 20120000100 to Jin et al. (Jin).
Karpiel does not teach an acousto-optic device.
Jin teaches a pop-up musical greeting card comprising a speaker 62 for playing an digital audio files (¶0015).
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 imitation flower arrangement taught by Karpiel with a means for playing an digital audio files as taught by Jin with a reasonable expectation of success to provide audio message to accompany the imitation flower arrangement.
Allowable Subject Matter
Claim 4 would be allowable if rewritten 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 and to include all of the limitations of the base claim and any intervening claims.
The prior art of record does not teach or suggest a three-dimensional bouquet greeting card, comprising: the flower bundle base formed by bonding a piece of plates together end to end, at least one internal petal insert; the bottom cover connected with the bottom of the flower bundle base, and a folded indentation in the middle of the bottom cover is connected to an inner central petal as recited in combination with the other limitations of the claim 1 and further comprising a plurality of positioning grooves formed in the flower bundle base and used for mounting internal petal insertion pieces.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following US Patents are cited to show pop-up flower card displays: US-12108714; US-11842656; US-20210339551; US-20240092112; US-20220122487; WO-2023222141-A1; EP-4650181; EP-4487722..
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/CASSANDRA DAVIS/ Primary Examiner, Art Unit 3631