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 .
This correspondence is in response to applicant’s reply filed on 04/07/2026. Claims 1-20 are pending.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-3, 8, and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Horne (U.S. Pat. 8458943).
Regarding claim 1, Horne discloses a hanging apparatus comprising: a frame apparatus 10 (as shown in Fig. 1) comprising a rear surface (at 22); a hanging bracket 26,32 comprising a first portion 26 that is fixed directly to the rear surface 22 of the frame apparatus 10 and a second portion 32 that protrudes from the rear surface 22 of the frame apparatus 10; a rear cover 24 attached to the rear surface 22 of the frame apparatus 10 and overlying the first portion 26 of the hanging bracket 26,32 (as seen in Fig. 2), the rear cover 24 comprising a cover slit (as seen in Fig. 2 below); and the second portion 32 of the hanging bracket 26,32 extending through the cover slit of the rear cover 24 and protruding from an exterior surface of the rear cover 24 (as shown in Fig. 2 below), the second portion 32 of the hanging bracket 26,32 being configured to engage a hanging member 40 to hang the hanging apparatus (as seen in Fig. 4).
Regarding claim 2, Horne discloses the hanging apparatus, where the second portion 32 of the hanging bracket 26,32 is not directly affixed to the rear surface 22 of the frame apparatus (as seen in Fig. 2).
Regarding claim 3, Horne discloses the hanging apparatus, where the first portion 26 of the hanging bracket 26,32 comprises a bottom edge (as seen in Fig. 1 below) of the hanging bracket 26,32, and where the first portion 26 of the hanging bracket 26,32 is fully covered by the rear cover 24 such that the first portion 26 of the hanging bracket 26,32 including the bottom edge of the hanging bracket 26,32 is positioned between the rear surface 22 of the frame apparatus 10 and the rear cover 24 (as seen in Fig. 2).
Regarding claim 8, Horne discloses the hanging apparatus, further comprising: where at least one of: the rear surface 22 of the frame apparatus is at least partially coated with an adhesive 30; or an interior surface of the rear cover 24 is at least partially coated with the adhesive 30; and where the rear cover 24 is coupled to the rear surface 22 of the frame apparatus by the adhesive 30, the first portion 26 of the hanging bracket 26,32 being positioned between the interior surface of the rear cover 24 and the rear surface 22 of the frame apparatus (as seen in Fig. 2).
Regarding claim 13, Horne discloses the hanging apparatus, where the rear cover 24 is coupled to the rear surface 22 of the frame apparatus with an adhesive 30, and where the first portion 26 of the hanging bracket 26,32 is located between an interior surface of the rear cover 24 and the rear surface 22 of the frame apparatus (as seen in Fig. 2).
Regarding claim 14, Horne discloses the hanging apparatus, where the second portion 32 of the hanging bracket 26,32 comprises an opening (see opening within hook 34 of the second portion 32) that is configured to receive a portion of the hanging member (as seen in Fig. 4).
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Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 9-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Horne in view of Pyle et al. (U.S. Pat. 10681995).
Regarding claim 9, Horne is discussed above, and teaches the hanging apparatus, where the first portion 26 of the hanging bracket 26,32 is coupled to the back surface of the picture 18 and the second portion 32 of the hanging bracket 26,32 protrudes from the back surface of the picture 18 and through the cover slit of the rear cover 24. However, Horne fails to teach where the frame member explicitly receives a mirror. Pyle teaches a hanging apparatus comprising: a frame member 209 that defines a display opening 203; and a mirror 210 coupled to the frame member 209 and located within the display opening 203, the mirror 210 having a mirrored front surface and a back surface, the back surface forming at least a portion of the rear surface of the frame apparatus.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the hanger assembly of Horne to hold a mirror, in order to provide a frame apparatus that can support any type of article or media that is desired to be hung within a home or office, as taught to be desirable by Pyle (see discussion in col. 4, lines 40-45).
Regarding claim 10, Horne is discussed above, and teaches the hanging apparatus. However, Horne fails to teach where hanging member comprises: an elongated portion having a bottom end, a top end, a front surface, and a rear surface; at least one engagement member located on the front surface of the elongated portion, the at least one engagement member configured to engage the second portion of the hanging bracket to couple the hanging member to the frame apparatus; and an over-door bracket extending from the top end of the elongated portion and configured to engage a top edge of a door to hang the hanging member from the door. Pyle teaches a hanging apparatus 100 having a hanging member 400, where the hanging member 400 comprises: an elongated portion 494 having a bottom end 452, a top end 453, a front surface and a rear surface (as seen in Fig. 3A); at least one engagement member 461-463 located on the front surface of the elongated portion 494; and an over-door bracket 458 extending from the top end 453 of the elongated portion 494 and configured to engage a top edge of a door 500 to hang the hanging member 400 from the door 500 (as seen in Fig. 17).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the hanging apparatus of Horne to comprise the hanging member of Pyle, in order to provide a means for detachably coupling an item for display to a door, as taught to be desirable by Pyle (see discussion in col. 4, lines 27-29).
Regarding claim 11, Pyle teaches the hanging apparatus, where the at least one engagement member 461-463 comprises a plurality of the engagement members 461-463 arranged on the front surface of the elongated portion 494 in a spaced apart manner in a direction between the bottom and top ends 452,453 of the elongated portion 494, each of the plurality of engagement members 461-463 being configured to engage the second portion of Mitchell’s hanging bracket to adjust a hanging height of the frame apparatus.
Regarding claim 12, Pyle teaches the hanging apparatus, where the plurality of engagement members 461-463 comprise hooks that protrude from the front surface of the elongated portion 494 of the hanging member 400 (as seen in Fig. 3A below).
Claim(s) 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Horne.
Concerning method claims 16-17, in view of the structure disclosed by Horne above, the method of making the device would have been obvious, since Horne’s hanging apparatus provides the same structure as the device described in the specification. The Examiner submits that it can be assumed that the device of Horne is capable of being made utilizing the claimed process.
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Allowable Subject Matter
Claim 15 is allowed.
Claims 4-7 and 18-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The prior art fails to teach or disclose the hanging apparatus as defined in claim 1, further comprising a tape member having an adhesive surface that adhesively couples the first portion of the hanging bracket to the rear surface of the frame apparatus, the tape member comprising a tape slit; a reinforcement member positioned between the tape member and the rear cover, the reinforcement member comprising a reinforcement slit; and wherein the second portion of the hanging bracket extends through each of the tape slit, the reinforcement slit, and the cover slit.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 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
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL D MCDUFFIE whose telephone number is (571)272-3832. The examiner can normally be reached M-F, 8AM-4:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Terrell McKinnon can be reached at 571-272-4797. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Michael McDuffie/Examiner, Art Unit 3632 21-May-26
/TERRELL L MCKINNON/Supervisory Patent Examiner, Art Unit 3632
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