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 § 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 1-8 and 11 are 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).
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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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).
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 11, McKowen teaches the connecting arrangement (perforation 36 and post 16) has at least two spacers (figure 4).
Claims 12 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) as applied to claim 1 above, and further in view of US 4536924 to Willoughby.
Regarding claim 12, McKowen 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).
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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.
It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct the binding for attachment to flat objects taught by McKowen with milled indicia (indicia that may be in an embossed, raised or depressed position from the outer surface) as taught by Willoughby with a reasonable expectation of success to provide a means to convey a message to the viewer or to label the binding.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-8, 11 and 12 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 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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/CASSANDRA DAVIS/Primary Examiner, Art Unit 3631
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