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 .
Information Disclosure Statement
The information disclosure statements (IDS) were submitted on 1/30/2025 and 4//21/2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
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.
(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 and 5 -7 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Hideto et al. (US 3568327 A).
With respect to claim 1, Hideto discloses a spiral decorating device comprising: a first gear defining a first opening around which the first gear extends (see below annotated Fig. 7, elem. 13, defined as a first linear opening (first opening) where the guide rack (first gear) extends); a second gear configured to be positioned in the first opening and engage the first gear (see below annotated Fig. 7, elem. 2 , 6 , 4b and 11. The disk 2 (second gear) inside (first opening) the inner circular rail 5 (wall) is configured to engage the guide rack 13 (first gear) indirectly through the peripheral teeth 11 of the outer frame 4b ), wherein the second gear is configured to rotate around an axis of the second gear as the second gear moves in engagement with the first gear (see below annotated Fig. 7, elem. 2 and 13, moves with the guide rack (first gear) indirectly), and wherein the second gear defines a second opening configured for receiving a decorating item (see below annotated Fig. 7, elem. 2 and 3 ); and a guide plate defining a slot configured to receive the second gear (see below annotated Fig. 7, elem. 4b ), the guide plate configured to be positioned in the first opening of the first gear when the slot receives the second gear (see below annotated Fig. 7, elem. 4b, outer frame 4b (guide plate) is in the linear opening with an inserted disk (second gear)), wherein the guide plate is configured to maintain the second gear in engagement with the first gear as the second gear rotates and the guide plate rotates within the first opening gear (see below annotated Fig. 7, elem. 4b. The frame 4b (guide plate) rotates in the linear opening of the guide rack 13 (first gear) with an inserted disk 2 (second gear) indirectly engaged with the guide rack 13 (first gear)).
With respect to claim 5, Hideto discloses wherein the guide plate comprises a wall that defines the slot (see annotated below Fig. 7, elem. 4b and 5; Col. 2. ll. 20-22,” an outer keep frame 4 having an inner circular guide rail 5 disposed on the inside thereof”. The outer keep frame (guide plate) has an inner circular rail 5 (wall), with a slot for the disk (gear)).
With respect to claim 6, Hideto discloses wherein upper and lower engagement surfaces extend from the frame and the guide plate (see below annotated Fig. 7, elem. 4b and 6; Col. 2, ll.22-25, “a plurality of notches 6 arranged along the periphery of said guide rail on the outside of said inner frame, and means for mutually engaging said frames”. Upper and lower engagement surfaces are notches 6 (tabs) in the inner circumference of the upper and lower outer frame 4b (guide plate) that keeps the disk 2 (second gear) aligned inside the outer frame 4b (guide plate)), the upper and lower engagement surfaces engaging the second gear when the second gear is positioned in the slot (see below annotated Fig. 7, elem. 4b, 5 and elem. 2).
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Claims 7 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Anker Play 2 in 1 Spin & Spiro, Anker, (https://www.ebay.com/itm/265628708124?), available at least as early as April 9,2022.
Regarding claim 7, Anker discloses a spin and spiral decorating device comprising: a base comprising a first gear (see below annotated Fig. 1A and Fig. 1B, elem. 5), the first gear defining a first opening around which the first gear extends (see below annotated Fig. 1B, elem. 5); a second gear configured to be positioned in the first opening and engage the first gear (see below annotated Fig. 1B, elem. 4 and 5), wherein the second gear is configured to rotate around an axis of the second gear as the second gear moves in engagement with the first gear (see below annotated Fig. 1B, elem. 4 and 5), and wherein the second gear defines a second opening configured for receiving a decorating item (see below annotated Fig. 1B, elem. 1 and 4); and a spin plate configured to rotatably engage the base with at least a portion of the spin plate extending through the first opening (see below annotated Fig. 1B, elem. 2 and 3).
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Claim Rejections - 35 USC § 103
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 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.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Hideto et al. (US 3568327 A) in view of Furuoka et al. (US 3,900,956 A).
Regarding claim 2, Hideto discloses a spiral decorating device. Hideto alludes to the guide plate within the first opening (see above annotated Fig. 7, elem. 4b) while the second gear (see above annotated Fig. 7, elem. 2) moves in engagement with the first gear (see above annotated Fig. 7, elem. 13) and the second gear rotates. However, Hideto does not disclose wherein the guide plate comprises at least one post configured to allow a user to rotate the guide plate within the first opening while the second gear moves in engagement with the first gear and the second gear rotates.
Furuoka disclose wherein the guide plate comprises at least one post (see annotated Fig. 1, elem. 20 and 32) configured to allow a user to rotate the guide plate (see Col. 2, ll. 5-8, “A knob 32 provided on the rod 33 is slidable along the guide slot 30 to cause the disc 10 to turn relative to the frame 20 by the action of the ratchet 34”. The frame (guide plate) has a knob 32 (post) used to turn a disc 10 (gear). The recited use of the post constitutes an intended use and does not impart a structural distinction over Furuoka’s knob (post) because the knob is capable of performing the recited function).
Hideto and Furuoka are considered to be analogous to the claimed inventions because both are in the same field of spiral decorating devices. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify teachings of Hideto with Furuoka to provide an improved pictorial pattern drawing apparatus (see Furuoka Col. 2, ll. 2-3).
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Claims 3 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Hideto et al. (US 3568327 A) in view of Goldfarb et al. (US 4,825,556).
Regarding claim 3, Hideto discloses a spiral decorating device. Hideto does not disclose: further comprising a third gear configured to be positioned in the first opening and engage the first gear, wherein the third gear is configured to rotate around an axis of the third gear as the third gear moves in engagement with the first gear, and wherein the third gear defines a third opening configured for receiving another decorating item.
Goldfarb discloses: further comprising a third gear configured to be positioned in the first opening and engage the first gear (see below annotated Fig. 9, elem. 12a, 34 and 111), wherein the third gear is configured to rotate around an axis of the third gear as the third gear moves in engagement with the first gear (see below annotated Fig. 3, elem. 61, 81 and 111, a third gear is indirectly engaged with a first gear), and wherein the third gear defines a third opening configured for receiving another decorating item (see below Fig. 3, elem. 111 ).
Hideto and Goldfarb are considered to be analogous to the claimed inventions because both are in the same field of spiral decorating devices. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify teachings of Hideto with Goldfarb to provide more sophisticated alternative (see Goldfarb Col. 4, ll. 10-15).
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Regarding claim 4, Hideto discloses a spiral decorating device; and the guide plate rotates within the first opening (see above Hideto annotated Fig. 7, elem. 4b).
Hideto does not disclose wherein the guide plate defines a second slot configured to receive the third gear, the guide plate configured to be positioned in the first opening of the first gear when the second slot receives the third gear, wherein the guide plate is configured to maintain the third gear in engagement with the first gear as the third gear rotates and the guide plate rotates within the first opening.
Goldfarb discloses wherein the guide plate defines a second slot configured to receive the third gear (see above annotated Fig. 9, elem. 16k and 111), the guide plate configured to be positioned in the first opening of the first gear when the second slot receives the third gear (see Fig. 3, elem. 12, 81 and 111) wherein the guide plate is configured to maintain the third gear in engagement with the first gear as the third gear rotates (see Fig. 3, elem. 61, 81 and 111, indirectly engaged with the first gear).
Hideto and Goldfarb are considered to be analogous to the claimed inventions because both are in the same field of spiral decorating devices. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify teachings of Hideto with Goldfarb to provide more sophisticated alternative (see Goldfarb Col. 4, ll. 10-15).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following references are considered relevant but fail to teach the combination as claimed:
Montague et al. (US 3,538,607) discloses a spiral decorating device with guide plate, first opening with first gear and second gear.
Cummings et al. (US 4441256 A) discloses a spiral decorating device with a first opening with gears and a second gear with a slot for designs
Furuoka et al. (US 3900956 A) discloses a spiral decorating device with a first opening with gears and a second gear with a slot for designs
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LOUIS WILKERSON whose telephone number is (571)270-3141. The examiner can normally be reached M-F, 8:30am to 5:00pm.
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, Laura Martin can be reached at (571) 272-2160. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LOUIS JAWAYNE WILKERSON/Examiner, Art Unit 2855
/LAURA MARTIN SWEENEY/Supervisory Patent Examiner, Art Unit 2855
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