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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/11/24 has been considered by the examiner.
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 3 and 17 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.
Both claims 3 and 17 repeat the limitations of the previous claims, i.e. they do not further limit the claims from which they depend.
Claim 10 recites the limitation "the third elevation" in line 20. There is insufficient antecedent basis for this limitation in the claim. “Third location” in line 4 should be “third elevation”.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-17 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 4,573,102 (NORWOOD).
Regarding claims 1, 10 and 15: The reference discloses a variable branch artificial tree and method of assembling the tree where the tree comprises multiple removable branches having at least one twig member, each branch has a connector, and multiple branch receptacles are provided on a trunk where the branch receptacles are near each other but at different heights on the trunk. See Figures 1 and 4-6.
Regarding claims 2-4, 11-12 and 16-17: The tree may have a plurality of branches. See Figure 1. While there are only four branches shown, the Figure only shows the bottom of the tree.
Regarding claims 5-9: The branches have light strings thereon which are electrically connected to the trunk via plugs. See Figures 4-6 and claim 1.
Regarding claims 13-14: The distances between the branch receptacles is varied. See Figure 1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH EVANS MULVANEY whose telephone number is (571)272-1527. The examiner can normally be reached 8am-4:30pm M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mark Ruthkosky can be reached at 571-272-1291. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ELIZABETH E MULVANEY/Primary Examiner, Art Unit 1785
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