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 .
Response to Amendment
The amendments filed with the written response received on June 10, 2025 have been considered and an action on the merits follows. As directed by the amendment, claims 10 and 15 have been amended and claim 1-9 have been canceled. Accordingly, claims 10-19 are pending in this application, with an action on the merits to follow.
Because of the applicant’s amendment, the following in the office action filed January 12, 2022, are hereby withdrawn:
Previous objection to the specification/abstract.
Previous objection to the specification is maintained.
Examiner objection to the specification is being maintained as the specification received 06/10/2025 has not been completely corrected. The website for ventile.co.uk needs to be removed.
Response to Arguments
Applicant's arguments filed June 10, 2025 have been fully considered but
they are not persuasive.
Applicant’s arguments, are drawn to the amended claim language that recites that the strap is located off-center on the right edge of the fabric, closer to an upper edge of the fabric than to a lower edge of the fabric. These arguments are not commensurate with the rejected claims and a new rejection is set forth below to address the newly added claim limitations.
Claim Rejections - 35 USC § 112
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 20 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.
Claim 20 is rejected because the phrases " a second applied decal indicia" and “a third embossed indicia” are unclear. The term " a second applied decal indicia" renders the claim indefinite because it is unclear as to whether it is a requirement for a first and second applied decal to satisfy accomplishing the claim language or if the second indicia being an applied decal is required; and the term “a third embossed indicia” renders the claim indefinite because it is unclear as to whether it is a requirement for a first, second and third embossed indicia being required to satisfy accomplishing the claim language or if Applicant is referring to the third indicia being embossed. Examiner is interpreting the language as the second indicia being an applied decal and the third indicia being embossed.
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 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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 1, 3, 6 and 7 are rejected under 35 U.S.C. § 103 as being unpatentable over U.S. Patent No. US 1,047,449 to G.E. FRANCIS (herein after "Francis") in view of U.S. Patent Application Publication No. US 2002/0133988 A1 to JIM SPELMAN (herein after "Spelman") and further in view of U.S. Patent Application Publication No. US 2004/0035863 A1 to Metcalf et al. (herein after " Metcalf") and further in view of U.S. Patent No. US 8,510,871 B2 to Blackford et al. (herein after "Blackford").
As to Claim 1, Francis discloses a trading card costume device (The determination of whether preamble recitations are structural limitations or mere statements of purpose or use “can be resolved only on review of the entirety of the [record] to gain an understanding of what the inventors actually invented and intended to encompass by the claim.” Corning Glass Works, 868 F.2d at 1257, 9 USPQ2d at 1966. If the body of a claim fully and intrinsically sets forth all of the limitations of the claimed invention, and the preamble merely states, for example, the purpose or intended use of the invention, rather than any distinct definition of any of the claimed invention’s limitations, then the preamble is not considered a limitation and is of no significance to claim construction. Pitney Bowes, Inc. v. Hewlett-Packard Co., 182 F.3d 1298, 1305, 51 USPQ2d 1161, 1165 (Fed. Cir. 1999).) comprising: a front member (1; Francis) comprising an opening (Fig 1 & 2; Francis ~ regarding an opening with first indicia.)(Page 2, and Lines 21-24; Francis "The casing 1 is closed with the exception of its front, which is open to admit of the advertisement being read.”) and a first indicia (Fig. 1&2; Francis ~ regarding an opening and a first indicia) a rear member (1; Francis) comprising a front surface comprised of a second indicia and a rear surface (Page 2 and Lines 65-85; Francis ~ regarding a rear member having a front and rear surface, with front surface comprised of a second indicia being the advertisement within the advertisement device) a support (cross piece 2; Francis) connecting the front member to the rear member (Fig. 1&2; Francis); and a shoulder strap (shoulder strap 3; Francis) attached to the rear member (1; Francis), and wherein the front member (1; Francis) and the second indicia (Page 2 and Lines 65-85; Francis ~ regarding a rear member having a front and rear surface, with front surface comprised of a second indicia being the advertisement within the advertisement device).
Francis fails to disclose having a third indicia, and a coated cardstock member; and being a holographic element and being a foil element.
Spelman teaches a placard display system and discloses a surface having an indicia (Para. 0007 and 0026; Spelman, teaching a monitor display system mounted on the rear side of the sign that can display indicia.), as doing so would provide a way for the user to edit an verify the accuracy of the input data prior to transmission.
Therefore, based on Spelman’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have added to Francis’s rear support to include having an indicia, as doing so would provide a way for the user to edit an verify the accuracy of the input data prior to transmission.
Therefore the combination of Francis/Spelman’s rear member having a third indicia (modified rear member (1; Francis) with third indicia as taught by Spelman (Paras. 0007 and 0026; Spelman, teaching a monitor display system mounted on the rear side of the sign that can display indicia.)
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Metcalf teaches multipurpose serving apparatus and discloses being a coated cardstock member (Paragraph 0082; Metcalf teaching a coated cardstock member; and wherein the first indicia is a holographic element (Paragraph 0117; Metcalf ~ regarding a first indicia being holographic).
Therefore, based on Metcalf’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Francis/Spelman’s front member and first indicia respectively to include being a coated cardstock member and being a holographic element, as doing so would provide enhanced designs features with user-discernable material for the user. As this would be the simple substitution of one material for another with the reasonable expectation that one material would perform equally as well as another.
Blackford teaches holographic patterned heat management material for body gear and other goods (Col. 1 , Lines 24-26; Blackford) having logos and discloses being a foil element (Col. 4 & 5 and Lines 57-67 and (1-10, and 35-45 respectively; Blackford ~ regarding holographic foil or embossed reflective surface and Col. 7 and Lines 54-65 ~ regarding logos and company names, as doing so would provide increased business support and recognition for the user.)
Therefore, based on Blackford’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have added to Francis/Spelman/Metcalf’s second indicia to include being a foil element, as doing so would provide increased business support and recognition for the user.
As to Claim 3, Francis/Spelman/Metcalf/Blackford disclose the trading card costume device of claim 1, wherein the rear member is comprised of a paper-based material or a plastic-based material (See para. 0020; Spelman teaching a display device 10 being polymer or plasticized resin. Thereby teaching plastic based material.)
As to Claim 6, Francis/Spelman/Metcalf/Blackford disclose the trading card costume device of claim 1, wherein the third indicia is comprised of a text. (Modified rear member (1; Francis) with third indicia as taught by Spelman (Paras. 0007 & 0026; Spelman, teaching a monitor display system mounted on the rear side of the sign that can display indicia "including keys marked with indicia for letter of the alphabet, numerals, and other selected indicia is further mounted oil the hand grip for operator input.").
As to Claim 7, Francis/Spelman/Metcalf/Blackford disclose the trading card costume device of claim 1, wherein the third indicia is comprised of a statistic (Modified rear member (1; Francis) with third indicia as taught by Spelman (Paras. 0007 & 0026; Spelman, teaching a monitor display system mounted on the rear side of the sign that can display indicia "including keys marked with indicia for letter of the alphabet, numerals, and other selected indicia is further mounted on the hand grip for operator input." Thereby teaching that the third indicia is capable of a statistic.)
Claims 11, 14 and 18-19 are rejected under 35 U.S.C. § 103 as being unpatentable over U.S. Patent No. US 1,047,449 to G.E. FRANCIS (herein after "Francis") in view of U.S. Patent Application Publication No. US 2002/0133988 A1 to JIM SPELMAN (herein after "Spelman") and further in view of U.S. Patent Application Publication No. US 2004/0035863 A1 to Metcalf et al. (herein after " Metcalf") and further in view of U.S. Patent No. US 8,510,871 B2 to Blackford et al. (herein after "Blackford") and further in view of U.S. Patent Application Publication No. US 2012/0054939 A1 to chow (herein after "Chow").
As to Claim 11, Francis discloses a trading card costume device (The determination of whether preamble recitations are structural limitations or mere statements of purpose or use “can be resolved only on review of the entirety of the [record] to gain an understanding of what the inventors actually invented and intended to encompass by the claim.” Corning Glass Works, 868 F.2d at 1257, 9 USPQ2d at 1966. If the body of a claim fully and intrinsically sets forth all of the limitations of the claimed invention, and the preamble merely states, for example, the purpose or intended use of the invention, rather than any distinct definition of any of the claimed invention’s limitations, then the preamble is not considered a limitation and is of no significance to claim construction. Pitney Bowes, Inc. v. Hewlett-Packard Co., 182 F.3d 1298, 1305, 51 USPQ2d 1161, 1165 (Fed. Cir. 1999).) comprising: a rectangular front member (1; Francis) comprising a rectangular opening and a first indicia (Fig 1 & 2; Francis ~ regarding a rectangular front member and rectangular opening with first indicia (Page 1, Lines 14-17; Francis “ The appliance in its specific construction embodies advertising matter which is changed at intervals so as to bring different matter in position for observation.”.)(Page 2, and Lines 21-24; Francis "The casing 1 is closed with the exception of its front, which is open to admit of the advertisement being read.”) a rectangular rear member (1; Francis) comprising a front surface comprised of a second indicia and a rear surface having a third indicia (Fig 1 & 2; and Page 2, Lines 65-85; Francis ~ regarding a rectangular rear member having a front and rear surface, with front surface comprised of a second indicia being the advertisement within the advertisement device. Thereby teaching a second indicia.); a support (cross piece 2; Francis) connecting the front member (1; Francis) to the rear member (1; Francis)(Fig 1 & 2; Francis); and a shoulder strap (shoulder strap 3; Francis) attached to the rear member (1; Francis) and wherein the rectangular front (1; Francis) and rear members (Fig 1 & 2; and Page 2, Lines 65-85; Francis ~ regarding a rectangular rear member having a front and rear surface, with front surface comprised of a second indicia being the advertisement within the advertisement device.); and wherein the first indicia (Fig. 1&2; Francis ~ regarding an opening and a first indicia) and the second indicia (Page 2 and Lines 65-85; Francis ~ regarding a rear member having a front and rear surface, with front surface comprised of a second indicia being the advertisement within the advertisement device).
Francis fails to disclose having a third indicia (Examiner notes that Oxford Languages Online Dictionary defines indicia as signs, indications, or distinguishing marks.) being coated cardstock members; is a holographic logo, is an applied decal; and wherein the third indicia is an embossed indicia.
Spelman teaches a placard display system and discloses a surface having an indicia (Paras. 0007 and 0026; Spelman, teaching a monitor display system mounted on the rear side of the sign that can display indicia, as doing so would provide a way for the user to edit an verify the accuracy of the input data prior to transmission.)
Therefore, based on Spelman’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have added to Francis’s rear support to include having an indicia, as doing so would provide a way for the user to edit an verify the accuracy of the input data prior to transmission.
Therefore the combination of Francis/Spelman’s rear member having a third indicia , the third indicia (modified rear member (1; Francis) with third indicia as taught by Spelman (Para. 0007 and 0026; Spelman, teaching a monitor display system mounted on the rear side of the sign that can display indicia, as doing so would provide a way for the user to edit an verify the accuracy of the input data prior to transmission).
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Metcalf teaches multipurpose serving apparatus and discloses being a coated cardstock member (Paragraph 0082; Metcalf teaching a coated cardstock member; and wherein the first indicia is a holographic logo (Paragraph 0117; Metcalf ~ regarding a first indicia being holographic).
Therefore, based on Metcalf’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Francis/Spelman’s front member and first indicia to include being a coated cardstock member and wherein the first indicia is a holographic logo, as doing so would provide enhanced designs features with user-discernable material for the user. As this would be the simple substitution of one material for another with the reasonable expectation that one material would perform equally as well as another.
Blackford teaches holographic patterned heat management material for body gear and other goods (Col. 1 , Lines 24-26; Blackford) having logos and discloses being an embossed indicia (Col. 4 & 5 and Lines 57-67 and (1-10, and 35-45 respectively; Blackford ~ regarding holographic foil or embossed reflective surface and Col. 7 and Lines 54-65 ~ regarding logos and company names, as doing so would provide increased business support and recognition for the user.)
Therefore, based on Blackford’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have added to Francis/Spelman/Metcalf’s third indicia to include being an embossed indicia, as doing so would provide increased business support and recognition for the user.
Chow teaches clothing with pockets for holding devices and discloses indicia (indicia 30; Chow) being an applied decal (Paragraph 0011; Chow teaching indicia can comprise of decals attached thereto).
Therefore, based on Chow’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have added to Francis/Spelman/Metcalf’s second indicia to include being an applied decal, as doing so would provide improved design features with increased visibility for the user. As this would be the simple substitution of one indicia application for another with the reasonable expectation that one indicia application would perform equally as well as another.
As to Claim 14, Francis/Spelman/Metcalf/Blackford/Chow disclose the trading card costume device of claim 11, wherein the shoulder strap (shoulder strap 3; Francis) is comprised of a padding (Figure 1 with strap 3 illustrates a padding; Francis).
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As to Claim 18, Francis/Spelman/Metcalf/Blackford/Chow the trading card costume device of claim 11, wherein the first indicia (Fig 1 & 2; Francis) (Page 1, Lines 14-17; Francis “ The appliance in its specific construction embodies advertising matter which is changed at intervals so as to bring different matter in position for observation.”.) is comprised of a stylized border (see Fig. 2; Francis ~ regarding a stylized border similar to what can be found on a well-known sports trading card).
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As to Claim 19, Francis/Spelman/Metcalf/Blackford/Chow the trading card costume device of claim 11, wherein the first logo is comprised of a word (Figure 1; Francis ~ regarding the well-known department store Barney’s being the first logo that is comprised of a word) (Examiner notes that the Oxford Languages online dictionary defines logo as a symbol or other design adopted by an organization to identify its products, uniform, vehicles, etc.)
Claims 8 – 10 are rejected under 35 U.S.C. § 103 as being unpatentable over U.S. Patent No. US 1,047,449 to G.E. FRANCIS (herein after "Francis") in view of U.S. Patent Application Publication No. US 2002/0133988 A1 to JIM SPELMAN (herein after "Spelman") and further in view of U.S. Patent Application Publication No. US 2004/0035863 A1 to Metcalf et al. (herein after " Metcalf") and further in view of U.S. Patent No. US 8,510,871 B2 to Blackford et al. (herein after "Blackford") as to claim 1 above, and further in view of U.S. Patent Application Publication No. US 2010/005040485 A1 to FORTE (herein after "Forte").
As to Claim 8, Francis/Spelman/Metcalf/Blackford disclose the trading card costume device of claim 1.
However, Francis/Spelman/Metcalf/Blackford do not explicitly disclose wherein the shoulder strap being comprised of an adjustable strap.
Forte teaches a tethered display frame and discloses wherein the shoulder strap (36; Forte) is comprised of an adjustable strap (See paras. 0112, 0105, "Fixedly attached between the top ends of the frames is a plurality of fixed shoulder straps 36 incorporating means for adjusting the length of the straps.", as doing so would provide adjustment member for the users comfort (para 0109; Forte)).
Therefore, based on Forte’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have added to Francis/Spelman/Metcalf/Blackford’s strap to include wherein the shoulder strap being comprised of an adjustable strap, as doing so would provide adjustment member for the users comfort (para 0109; Forte)).
As to Claim 9, Francis/Spelman/Metcalf/Blackford/Forte disclose the trading card costume device of claim 8, wherein the shoulder strap (36; Forte) is comprised of a fastener (Para. 0112; Forte, teaching "The straps shown are stitched 40 to their respective frames. Another variation of the frame is enclosed on all sides using various fastener elements such as snaps, Velcro, zippers or other sewn elements.").
As to Claim 10, Francis/Spelman/Metcalf/Blackford/Forte disclose the trading card costume device of claim 9, wherein the fastener is comprised of a hook and loop fastener, a buckle, or a snap (See para. 0112; Forte, teaching "The straps shown are stitched 40 to their respective frames. Another variation of the frame is enclosed on all sides using various fastener elements such as snaps, Velcro, zippers or other sewn elements.").
Claims 15-16 are rejected under 35 U.S.C. § 103 as being unpatentable over U.S. Patent No. US 1,047,449 to G.E. FRANCIS (herein after "Francis") in view of U.S. Patent Application Publication No. US 2002/0133988 A1 to JIM SPELMAN (herein after "Spelman") and further in view of U.S. Patent Application Publication No. US 2004/0035863 A1 to Metcalf et al. (herein after " Metcalf") and further in view of U.S. Patent No. US 8,510,871 B2 to Blackford et al. (herein after "Blackford") and further in view of U.S. Patent Application Publication No. US 2012/0054939 A1 to chow (herein after "Chow") as to claim 1 above, and further in view of U.S. Patent Application Publication No. US 2010/005040485 A1 to FORTE (herein after "Forte").
As to Claim 15, Francis/Spelman/Metcalf/Blackford/Chow disclose the trading card costume device of claim 11, wherein the shoulder strap (shoulder strap 3; Francis).
However, Francis/Spelman/Metcalf/Blackford/Chow do not explicitly disclose wherein the shoulder strap is comprised of a fastener.
Forte teaches a tethered display frame and discloses wherein the shoulder strap (36; Forte) is comprised of a fastener (Para. 0112; Forte, teaching "The straps shown are stitched 40 to their respective frames. Another variation of the frame is enclosed on all sides using various fastener elements such as snaps, Velcro, zippers or other sewn elements.")
Therefore, based on Forte’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have added to Francis/Spelman/Metcalf/Blackford/Chow’s shoulder strap to include being comprised of a fastener, as doing so would provide removably attachable means to secure the frame to a wearer for improved convenience for the user.
As to Claim 16, Francis/Spelman/Metcalf/Blackford/Chow disclose the trading card costume device of claim 11, wherein the second indicia (1; Francis) (Fig 1 & 2; and Page 2, Lines 65-85; Page 1, Lines 14-17; Francis ~ regarding a rectangular rear member having a front and rear surface, with front surface of the second (1; Francis) comprised of a second indicia being the advertisement within the advertisement device. Thereby teaching a second indicia.), but fails to disclose being comprised of a pattern, a color, or a graphic).
Forte teaches a tethered display frame and discloses wherein the shoulder strap (36; Forte) being comprised of a pattern, a color, or a graphic (Para. 0111; Forte, teaching " The display frames 12, … may be available in an assortment of colors and decorative patterns 42 for aesthetic and stylistic purposes.”)
Therefore, based on Forte’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have added to Francis/Spelman/Metcalf/Blackford/Chow’s second indicia to include being comprised of a pattern, a color, or a graphic, as doing so would provide improved decorative patterns for aesthetic and stylistic purposes for the user (0111; Forte). Thereby attracting more attention to the display.
Claim 20 is rejected under 35 U.S.C. § 103 as being unpatentable over U.S. Patent No Application Publication No. US 2011/0016601 A1 to Robert J.S. Berman, (herein after " Berman") in view of U.S. Patent Application Publication No. US 2004/0007870 A1 to Takashi Ueno, (herein after “Ueno") in view of U.S. Patent No. US 1,047,449 to G.E. FRANCIS (herein after "Francis") and further in view of U.S. Patent Application Publication No. US 2002/0133988 A1 to JIM SPELMAN (herein after "Spelman") and further in view of U.S. Patent Application Publication No. US 2010/005040485 A1 to FORTE (herein after "Forte") and further in view of U.S. Patent Application Publication No. US 2004/0035863 A1 to Metcalf et al. (herein after " Metcalf") and further in view of U.S. Patent No. US 8,510,871 B2 to Blackford et al. (herein after "Blackford") and further in view of U.S. Patent Application Publication No. US 2012/0054939 A1 to chow (herein after "Chow").
As to Claim 20, Berman discloses a method of using a card costume device the method comprising the following steps (Para. 0005; Berman ~ regarding methods being described): providing a wearable costume comprising a front member (102; Berman) shaped to emulate a card (Figs. 1 and 2A-2C and Paras. 0004 & 0014; Berman ~ regarding a costume comprising a front member shape to emulate a card.)(Examiner notes that the Oxford Languages online dictionary defines card as a piece of thick, stiff paper or thin pasteboard, in particular one used for writing or printing on.).
Berman fails to disclose a trading card the front member having an opening and a first indicia, a rear member positioned behind the front member, the rear member comprising a front surface with a second indicia and a rear surface with a third indicia, a support connecting the front member to the rear member, and an adjustable shoulder strap attached to the rear member; positioning a user's upper body between the front member and the rear member; placing the shoulder strap over the user's shoulders; and adjusting the length of the shoulder strap using a fastener of the shoulder strap, and holographic indicia, an applied decal and an embossed indicia.
Ueno teaches trading cards, card cases and an apparatus and discloses trading card (Figure 1 and para. 0032; Ueno, as doing so would provide a premium article for the wearer (0008; Ueno).
Therefore, based on Ueno’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have added to Berman’s front member to include being a trading card, as doing so would provide a premium article for the wearer (0008; Ueno).
Francis teaches and advertising device and disclose the front member having an opening and a first indicia v(1; Francis)(Fig 1 & 2; Francis ~ regarding a rectangular front member and rectangular opening with first indicia.)(Page 2, and Lines 21-24; Francis "The casing located within the casings, ...attached to the casings for supporting the which is open to admit of the advertisement appliance ..."), a rear member positioned behind the front member (1; Francis)(Fig 1 & 2; and Page 2, Lines 65-85; Francis ~ regarding a rear member positioned behind the front member ), the rear member comprising a front surface with a second indicia and a rear surface (1; Francis) (Page 2 and Lines 65-85; Francis ~ regarding a rear member having a front and rear surface, with front surface comprised of a second indicia being the advertisement within the advertisement device), a support connecting the front member to the rear member (cross piece 2; Francis ~ regarding a support connecting the front member to the rear member), positioning a user's upper body between the front member and the rear member (Page 1, Lines 18-25 and 62-74 ~ regarding positioning a user's upper body between the front member and the rear member (similar casing 1 found in Fig. 1& 2; Francis)(Page 2, Lines 25-36 and 65-85; Francis ~ regarding method of positioning.); placing the shoulder strap (shoulder strap 3; Francis) over the user's shoulders (Page 1, Lines 18-25 and 62-74 ~ regarding placing the shoulder strap over the user's shoulders (similar casing 1 found in Fig. 1& 2; Francis)(Page 2, Lines 25-36 and 65-85; Francis ~ regarding placing straps over user's shoulders.); wherein the shoulder strap (shoulder strap 3; Francis) attached to the rear member (1; Francis) (Figs. 1 &2; Francis).
Therefore, based on Francis’ teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have added to Berman/Ueno’s front member to include being the front member having an opening and a first indicia, a rear member positioned behind the front member, the rear member comprising a front surface with a second indicia and a rear surface, a support connecting the front member to the rear member; positioning a user's upper body between the front member and the rear member; placing the shoulder strap over the user's shoulders, wherein the shoulder strap is attached to the rear member, as doing so would provide a contrivance of the nature herein stated which is adapted to be automatically operated to bring different notices to the attention of the public (Pg. 1 Ln 9-13; Francis).
Spelman teaches a placard display system and discloses a surface with an indicia (Paras. 0007, 0026; Spelman, teaching a monitor display system mounted on the rear side of the sign that can display indicia, as doing so would provide a way for the user to edit an verify the accuracy of the input data prior to transmission.)
Therefore, based on Spelman’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have added to Francis’s rear surface to include with an indicia, as doing so would provide a way for the user to edit an verify the accuracy of the input data prior to transmission.
Therefore the combination of Francis/Spelman’s rear surface with a third indicia (modified rear member (1; Francis) with third indicia as taught by Spelman (Paras. 0007 & 0026; Spelman, teaching a monitor display system mounted on the rear side of the sign that can display indicia.), as doing so would provide a way for the user to edit an verify the accuracy of the input data prior to transmission.
Forte teaches a tethered display frame having shoulder straps (36; Forte) and discloses an adjustable shoulder strap (See paras. 0112, 0105, "Fixedly attached between the top ends of the frames is a plurality of fixed shoulder straps 36 incorporating means for adjusting the length of the straps.", as doing so would provide adjustment member for the users comfort (para 0109; Forte)); adjusting the length of the shoulder strap using a fastener of the shoulder strap (See paras. 0112, 0105, "Fixedly attached between the top ends of the frames is a plurality of fixed shoulder straps 36 incorporating means for adjusting the length of the straps.", as doing so would provide adjustment member for the users comfort (para 0109; Forte)).
Therefore, based on Forte’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have added to Berman/Ueno/Francis/Spelman’s straps to include an adjustable shoulder strap; adjusting the length of the shoulder strap using a fastener of the shoulder strap, as doing so would provide adjustment member for the users comfort (para 0109; Forte)).
Metcalf teaches multipurpose serving apparatus and discloses holographic indicia (Paragraph 0117; Metcalf ~ regarding a first indicia being holographic).
Therefore, based on Metcalf’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Berman/Ueno/Francis/Spelman’s first indicia to include being holographic, as doing so would provide enhanced designs features with user-discernable material for the user. As this would be the simple substitution of one material for another with the reasonable expectation that one material would perform equally as well as another.
Blackford teaches holographic patterned heat management material for body gear and other goods (Col. 1 , Lines 24-26; Blackford) having logos and discloses a embossed indicia (Col. 4 & 5 and Lines 57-67 and (1-10, and 35-45 respectively; Blackford ~ regarding holographic foil or embossed reflective surface and Col. 7 and Lines 54-65 ~ regarding logos and company names, as doing so would provide increased business support and recognition for the user.)
Therefore, based on Blackford’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have added to Berman/Ueno/Francis/Spelman’s third indicia to include being embossed, as doing so would provide increased business support and recognition for the user.
Chow teaches clothing with pockets for holding devices and discloses indicia (indicia 30; Chow) being an applied decal (Paragraph 0011; Chow teaching indicia can comprise of decals attached thereto).
Therefore, based on Chow’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have added to Berman/Ueno/Francis/Spelman’s second indicia to include being an embossed indicia, as doing so would provide improved design features with increased visibility for the user. As this would be the simple substitution of one indicia application for another with the reasonable expectation that one indicia application would perform equally as well as another.
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.
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/AKWOKWO OLABISI REDHEAD/Examiner, Art Unit 3732
/ALISSA L HOEY/Primary Examiner, Art Unit 3732