DETAILED ACTION
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 6 and 7 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.
Claim 6 recites “a first ring forming portion that extends from the base portion and forms the binding ring” and “a second ring forming portion that forms the binding ring” which is indefinite. The claim is reciting that two disparate elements are each, independently, “forming” the binding ring. The claim would be definite claiming, for example, that each form “a portion of the binding ring”.
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, 4, and 5, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Viquel (FR 2,731,947) (See NPL for English Translation).
In respect to claim 1, Viquel discloses a file comprising a cover and a binder, wherein the cover has a front cover 2, a spine cover 4, and a back cover 3 each connected by hinge points 15/16, and is configured to form a spread posture such that the front and back covers are approximately coplanar with each other (Fig. 1) and in a closed posture in which the inner surfaces of the front and back covers face each other (Fig. 3); the binding includes a binding ring 6 capable of an open posture and a closed posture and a base portion 5 mounted on an inner surface of the spine cover 4 (0006; Fig. 1); and the front cover 2 and back cover 3 each include a “communication hole” 7 that allows the binder ring to pass therethrough thus enabling the cover to perform the above posture change (Figs. 1 & 3).
In respect to claim 4, VIquel discloses a lateral width size of the spine cover 4 is longer than the lateral width size of the base portion 5 and the lateral width size of the spine cover 4 is approximately equal to the lateral width size of the binding ring 6 (Fig. 1).
In respect to claim 5, Viquel discloses a structure capable of the configuration claimed, namely, flexible hinge points 15/16 which are configured such that the outer surfaces of the front and back covers may face each other. While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429,1431-32 (Fed. Cir. 1997). (MPEP 2114).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-3 and 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Baumann-Aebi (CA 2,319,369) (See NPL for an enumerated copy)
In respect to claims 1-3, Baumann-Aebi discloses a file comprising: a cover and a binder, wherein the cover has a front cover, a spine cover “front side”, and a back cover each connected by hinge points (0004) and is configured to form a spread posture such that the front and back covers are approximately coplanar with each other and in a closed posture in which the inner surfaces of the front and back covers face each other (as is readily well-known in the art); the binding includes a binding ring 2/3 capable of an open posture and a closed posture and a base portion 1 mounted on an inner surface of the spine cover (0004); a mounting jig that mounts to the base portion on the inner surface of the spine cover, wherein the mounting jig includes a mounting base 81 disposed on an outer surface of the spine cover and engaging protruding portions 82/86 protruding from the mounting base 81, penetrating the spine cover, and engaging with engaging portions 82/84 formed in base portion 1; the engaging protruding portions formed in a protruding manner on both end portions of the mounting base along a longitudinal direction to engage the engaging portions in a fixedly fitting state; (Figs. 12, 13, & 14; 0008).
Baumann-Aebi does not disclose that front and back covers include “communication holes”, however Viquel teaches these features as detailed above. It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the present application to provide the front and back covers taught in Baumann-Aebi with communication holes in view of Viquel to hold the cover in a closed position via the communication holes “apertures” (Abstract).
In respect to claim 6, although indefinite for the reason detailed in the 35 USC 112 above, Baumann-Aebi further discloses that the binder includes: a first binder member having the base portion 1 and a first ring forming portion 2 that extends from the base portion and forms a portion of the binder ring; and a second binder member provided with (and constituted by) a second ring forming portion 3 that forms the other portion of the binder ring; wherein the second binder member is configured to be rotatable relative to the first binder member so as to take closed posture where the distal end portions of the end portions engage (via 8/9) and an open posture wherein the distal end portions are spaced apart (0005; Fig. 1).
In respect to claim 7, Baumann-Aebi discloses that the first and second binder members may be plastic “synthetic resin” (0001).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Williams (US 763,583), Wiethase (DE 25-40-340), Inventor (JP 2603916), Kaneda (EP 1,657,078), Langhein (EP 2,524,815), and Morishita (WO 2017/042952).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KYLE ROBERT GRABOWSKI whose telephone number is (571)270-3518. The examiner can normally be reached M-Th 8am-6pm.
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/KYLE R GRABOWSKI/Primary Examiner, Art Unit 3637