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 .
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 9 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 9, the phrase “the label carrier-side connector is formed by at least one clamp which can be clamped to the at least one spacer” is indefinite because it is unclear what structural element corresponds to the clamp. The specification and/or drawings does not show a clamp associated with the label side connector which came be clamped to the spacer. It appears from figure 4 that the clamp or clamping element 48 is associated with the mounting element-side counter connector, wherein “the clamping elements 48 can be formed, for example, by self-clamping clamping disks, which can be connected in a force-fitting manner to the spacers 16”. See specification page 7, lines 7-9
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.
Claim 9 is 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.
Regarding claim 9, the phrase “the label carrier-side connector is formed by at least one clamp which can be clamped to the at least one spacer” is indefinite because it is unclear what structural element corresponds to the clamp. The specification and/or drawings does not show a clamp associated with the label side connector which came be clamped to the spacer.
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 1-7 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 7708487 to Leibman.
Regarding claim 1, Leibman teaches a binder spine for attachment to flat objects such as papers comprising:
a label carrier (first side panel 14);
a mounting element (second side panel 16),
a connecting arrangement a (plurality of socket members of which 40 and a plurality of post members 38) arranged between the label carrier (14) and the mounting element (16), the connecting arrangement having at least one spacer (socket members 40 and post members 38) and a label carrier-side connector (recessed or hollow end of socket member 40) and a mounting element-side counter connector (distal portion of post member 38 received within recessed or hollow portion of socket member 40) connectable to the label carrier-side connector for fixing the mounting element (16) spaced apart from the label carrier (14) while forming a receiving area (space between the label carrier (14) and the mounting element (16) for a part of the flat object (papers); wherein the label carrier (14) and the mounting element (16) are connected to one another via an edge section (back panel 12) and are held pivotably (by living hinges along first and second panel mounting edges 22 and 24) spaced apart from one another.
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Regarding claim 2, Leibman teaches the label carrier (14) the mounting element (16), and the edge section (12) are adjustable between a starting position in which all of the label carrier, the mounting element, and the edge section are arranged in a plate-like manner in one plane (figures 1-2) and an assembly position in which the label carrier (14) and the mounting element (16) are arranged substantially parallel and spaced apart from one another (figures 5-6).
Regarding claim 3, Leibman teaches the edge section (12) is connected to the label carrier (14) via a first film hinge (living hinges along first panel mounting edge 22) and to the mounting element (16) via a second film hinge (living hinges along second panel mounting edge 24) and wherein both of the first film hinge and the second film hinge extend parallel to one another (see figure 1).
Regarding claim 4, Leibman teaches the label carrier (14), the mounting element (16), and the edge section (12) are formed in one piece by a carrier plate. Leibman teaches the binder spine is formed using a single mold (column 4, line 36-40). Leibman also recites “A first panel mounting edge 22 on first side panel 14 is joined through a living hinge to a first longitudinal edge 24 of back panel 12. A second panel mounting edge 20 on second side panel 16 is joined through a living hinge to a second longitudinal edge 18 of back panel 12” (column 2, lines 8-19). Leibman also teaches the “The respective living hinges are formed in the obverse face of the binder spine by removing generally parallel grooves of material from the obverse face” column 2, lines 28-32. Although Leibman does not explicitly recite that the binder spine is formed in one piece, Leibman teaches the binder spine is made form by removing generally parallel grooves of material from the obverse face which implies the binder spine is one piece.
Regarding claim 5, Leibman teaches the connecting arrangement (socket 40 and post 38) is formed in one piece with the carrier plate (column 4, lines 36-40).
Regarding claim 6, Leibman teaches the carrier plate (spine 10) and the connecting arrangement (socket 40 and post 38) are formed by a molded part which defines a demolding direction in the starting position (column 4, lines 36-40). "[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985)
Regarding claim 7, Leibman teaches the at least one (socket 40 and post 38) protrudes from an inner side (obverse face) of the label carrier (spine 10) and has at a free end (figures 3-4 and 7-8); the label carrier-side connector which is connectible to the mounting element-side (24) counter connector (distal portion of post member 38 received within recessed or hollow portion of socket member 40).
Regarding claim 8, Leibman teaches the label carrier-side connector is formed by a lock (perforation 36 with cone-shaped entrance portion 38 and a counterbore portion 39 having a shoulder 40) which is lockable with the mounting element-side counter connector (heads 18) designed as a counter lock.
Regarding claim 11, Leibman teaches the connecting arrangement (socket 40 and post 38) has at least two spacers (figure 1).
Claims 1-7 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 3260264 A to McKowen.
Regarding claim 1, McKowen teaches a binding for attachment to flat objects such as pages of a book comprising:
a label carrier (front flange 12);
a mounting element (back flange 14),
a connecting arrangement a (binding posts 16 extend from the front flange 12 and perforation in back flange 14) arranged between the label carrier (12) and the mounting element (14), the connecting arrangement having at least one spacer (binding posts 16) and a label carrier-side connector (post 16) and a mounting element-side counter connector (perforation 36) connectable to the label carrier-side connector (post 16) for fixing the mounting element (14) spaced apart from the label carrier (12) while forming a receiving area (space between the label carrier (12) and the mounting element (14) for receiving a part of the flat object (pages of the book)); wherein the label carrier (12) and the mounting element (14) are connected to one another via an edge section (spine 10) and are held pivotably (by hinge groove 26) spaced apart from one another.
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Regarding claim 2, McKowen teaches the label carrier (12), the mounting element (14), and the edge section (110) are adjustable between a starting position in which all of the label carrier, the mounting element, and the edge section are arranged in a plate-like manner in one plane (figure 5) and an assembly position in which the label carrier (12) and the mounting element (14) are arranged substantially parallel and spaced apart from one another (figure 8).
Regarding claim 3, McKowen teaches the edge section (10) is connected to the label carrier (12) via a first film hinge (hinge groove 26) and to the mounting element (14) via a second film hinge (hinge groove 26) and wherein both of the first film hinge and the second film hinge extend parallel to one another (see figure 4).
Regarding claim 4, McKowen teaches the label carrier (12), the mounting element (14), and the edge section (10) are formed in one piece by a carrier plate. (column 2, line 36-40).
Regarding claim 5, McKowen teaches the connecting arrangement (post 16 and perforation 36) is formed in one piece with the carrier plate (column 4, lines 16-19).
Regarding claim 6, McKowen teaches the carrier plate (spine 10) and the connecting arrangement (post 16 and perforation 36) are formed by a molded part which defines a demolding direction in the starting position (column 4, lines 16-19)."[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985)
Regarding claim 7, McKowen teaches the at least one protrudes (post 16) from an inner side of the label carrier (flange 12) and has at a free end (head 18, figure 8); the label carrier-side connector (post 16) which is connectible to the mounting element-side counter connector (perforation 36).
Regarding claim 8, McKowen teaches the label carrier-side connector (post 16) is formed by a lock (heads 18) which is lockable with the mounting element-side counter connector (perforation 36 with cone-shaped entrance portion 38 and a counterbore portion 39 having a shoulder 40) designed as a counter lock.
Regarding claim 9, McKowen teaches, as best understood, the label carrier-side connector is formed by at least one clamp (perforation 36 with cone-shaped entrance portion 38, a counterbore portion 39 having a shoulder 40 and thick portion 15) which can be clamped to the at least one spacer (post 16).
Regarding claim 11, McKowen teaches the connecting arrangement (perforation 36 and post 16) has at least two spacers (figure 4).
Claims 1 and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 4536924 to Willoughby.
Regarding claim 1, Leibman does not teach the label carrier having indicia/label milled thereon.
Willoughby teaches one piece clamping device (10) comprising a comprising:
a label carrier (11)
a mounting element (11),
a connecting arrangement (toothed male locking member 13 and female locking cavity 15) arranged between the label carrier (11) and the mounting element (11), the connecting arrangement having at least one spacer (toothed male locking member 13) and a label carrier-side connector (13) and a mounting element-side counter connector (15) connectable to the label carrier-side connector (13) for fixing the mounting element (11) spaced apart from the label carrier (11) while forming a receiving area for a part of the flat object (garments 19)
wherein the label carrier (11) and the mounting element (11) are connected to one another via an edge section (flexible hinge portion 12) and are held pivotably spaced apart from one another (figures 6-7).
Regarding claim 12, Willoughby teaches the label carrier (11) has a milled label. Willoughby teaches indicia (21) may be in an embossed, raised or depressed position from the outer surface(s) of clamp (10). See column 5, lines 55-61.
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.
Claims 10 is rejected under 35 U.S.C. 103 as being unpatentable over US 3260264 A to McKowen in view of US 4442154 to Fortsch et al. (Fortsch).
McKowen does not teach the label carrier-side connector is embedded in an inner surface of the carrier plate.
Fortsch teaches a split sleeve of a shrinkable material having closure elements comprising projections (tab 6 with knob 7) and apertures (5) for receiving the projections, wherein the aperture 5 forming the closure element extends through an embedded reinforcing element or member 2.
It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct aperture (perforation 36) of the binder taught by McKnowen with a connector (reinforcing member) embedded therein as taught by Fortsch with a reasonable expectation of success to provide a means to reinforce the aperture (perforation).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following US Patents are cited to show binders for flat objects: US 20170110035 (Weglarz et al); US 3574472 (Colts); and US 9108453 (Cenzano et al).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CASSANDRA DAVIS whose telephone number is (571)272-6642. The examiner can normally be reached Monday-Friday 8:00 AM-4:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at 571-272-8227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CASSANDRA DAVIS/ Primary Examiner, Art Unit 3631