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 .
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 4-6 and 8-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by EP 0220827. Disclosed is a greeting card system comprising a greeting card (defined package), wherein the greeting card comprises a planar greeting card portion (12 and/or 22), wherein the system further comprises a gift storage compartment (10) and wherein the gift storage compartment comprises a volume and depth for storing an item, and wherein the gift storage compartment further comprises a gift storage compartment surface (14), wherein the gift storage compartment surface comprises a window (20) covered by a transparent covering (see column 3, lines 23-25) to render a transparent window, wherein the greeting card further comprises a greeting card cover (16 or 18) coupled to the greeting card, and wherein the greeting card cover is movably coupled to the planar greeting card portion to move from an open position to a closed position adjacent the planar greeting card portion, and wherein the transparent window is visible when the greeting card cover is in the open position and when the greeting card cover is in the closed position.
As to claim 4, EP 0220827 discloses a flap (outermost foldable portion of 16 or 18) located on the greeting card cover (16 or 18).
As to claim 5, EP 0220827 discloses the greeting card cover (16 or 18) can be opened and closed relative to the planar greeting card portion (12) without moving the gift storage compartment (10).
As to claim 6, in a disposition of the card system EP 0220827 discloses the gift storage compartment (10) coupled below the planar greeting card portion (12).
As to claim 8, EP 0220827 is made of thin paper product, and accordingly of an inherently expandable nature to some degree.
As to claim 9, EP 0220827 discloses the gift storage compartment (10) hingedly and releasably coupled to the planar greeting card portion (22).
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 3 is rejected under 35 U.S.C. 103 as being unpatentable over EP 0220827 in view of either one of Pruett (8,899,413) and Pollock (6,070,719). EP 0220827 does not disclose a fastener to secure the greeting card cover to the greeting card portion. However, Pruett and Pollock each disclose a greeting card cover (6 or 11; 106) further comprising a fastener (15 or 16; 87) to secure the greeting card cover to a greeting card portion (5; 98 or 102). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the greeting card system of EP 0220827 with a fastener to secure the greeting card cover to a greeting card portion in the manner of either one of Pruett and Pollock as claimed, as such a modification would predictably provide a better closed condition of the greeting card system.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over EP 0220827 in view of Pruett (8,899,413). EP 0220827 does not disclose the greeting card comprising a hanger. However, Pruett discloses a hanger (31 or 32). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the greeting card system of EP 0220827 with a hanger in the manner of Pruett as claimed, as such a modification would predictably provide a suspension capability to the greeting card system.
Claims 1-9 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-9, respectively, of prior U.S. Patent No. 12,116,200. This is a statutory double patenting rejection.
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Prior Art not relied upon: Please refer to the additional references listed on the attached PTO-892, which, while not relied upon for the claim rejection, these references are deemed relevant to the claimed invention as a whole.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRYON P GEHMANEHMAN whose telephone number is (571) 272-4555. The examiner can normally be reached on Tuesday through Thursday from 7:30 am to 5:00 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, ORLANDO AVILES-BOSQUES, can be reached on (571) 270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRYON P GEHMAN/Primary Examiner, Art Unit 3736
BRYON P. GEHMAN
Primary Examiner
Art Unit 3736
BPG