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 Objections
Claim 1 is objected to because of the following informalities: for better claim construction and consistency throughout the claims the examiner suggests the following amendment:
Claim 1: -- A hanger used to display an animal skull, comprises a fixing plate, a handle and a groove board, wherein the groove board is movably connected to the fixing plate and is provided with a plurality of first grooves; the handle is provided with an insert groove matching with the first grooves; and the insert groove is fit to clamp in corresponding from the plurality of first grooves of the groove board. -- Appropriate correction is required.
Claim 5 is objected to because of the following informalities: for better claim construction and consistency throughout the claims the examiner suggests the following amendment:
Claim 5, line 2: --a side of the groove board and connected to the fixing plate --. Appropriate correction is required.
Claim 5, line 4: -- and the groove board is configured to rotate[[s]] by the rotary shafts (Shaw, Fig 2, #27 & #28) as [[a]] supporting points.— Appropriate correction is required.
Claim 6, line 3: -- the bracket is [[used]] configured to support the animal skull.-- Appropriate correction is required.
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.
Claims 1-10 are 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 1-10, the following limitation in the preambles “used to display an animal skull” is unclear and confusing as to if the applicant intends to positively claim the combination of the hanger and the an animal skull or if the animal skull is not positively claimed and only a functional limitation. For this action only, the examiner interprets the animal skull in claims 1-10 to be functional claim language.
The examiner suggests the following amendments for each of the preambles of claims 1-10:
Claims 1-10, line 1: --[[used]] configured to display an animal skull –Appropriate correction is required.
Regarding claim 2, it is unclear what scallop shaped is. According to Google the following shapes below are scallop shaped, how the applicant’s drawings do not have the shapes below. Appropriate correction or explanation is required.
[AltContent: rect]
PNG
media_image1.png
295
314
media_image1.png
Greyscale
PNG
media_image2.png
232
360
media_image2.png
Greyscale
Regarding claim 3, the following limitation “when the insert groove is clamped in the groove” is unclear and confusing which “groove” is the applicant referring too? The applicant claims are plurality of grooves in claim 1, an insert groove in claim 1, and limited groove previously in claim 1.
The examiner suggests the following amendment for claim 3 in view of the objection of claim 1 above:
Claim 3, line 3: -- when the insert groove is clamped in one of the first grooves -- Appropriate correction is required.
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 1-2, 4-7, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Shaw RE47,603 in view of Brovald 953,254.
Regarding claim 1, Shaw discloses a hanger (Fig 7, #50) used to display an animal skull, comprises a fixing plate (Fig 7, #20), a handle (Fig 7, #31) and a
groove board (Fig 7, #26), wherein the groove board (Fig 7, #26) is movably connected to the fixing plate (Fig 7, #20) and is provided with a plurality of first adjustment holes (Fig 2, #29); the handle (Fig 7, #31) is provided with a second adjustment hole (Fig 3, #32) matching with the first adjustment holes (Fig 2, #29).
Shaw has been discussed above but does not explicitly teach wherein the groove board is provided with a plurality of grooves; the handle is provided with an insert groove matching with the grooves; and the insert groove is fit to clamp in different grooves of the groove board.
Brovald discloses a hanger or holder (Fig 1) comprising a groove board (Fig 1, #1 & #6) is provided with a plurality of grooves (grooves between teeth (Fig 1, #6)) (annotated Fig 1 below); a handle or article holding portion (Fig 1, #18, #17, & #8) is provided with an insert groove (groove between teeth (Fig 1, #23)) matching with the grooves (grooves between teeth (Fig 1, #6)) (annotated Fig 1 below); and the insert groove (groove between teeth (Fig 1, #23)) is fit to clamp in different grooves (grooves between teeth (Fig 1, #6)) (annotated Fig 1 below) of the groove board (Fig 1, #1 & #6).
PNG
media_image3.png
663
941
media_image3.png
Greyscale
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to add a plurality of first teeth (Brovald, Fig 1, #6) having grooves (Brovald, annotated Fig 1 above) therebetween to the arc top edge (Shaw, annotated Figs 2 & 7 below) of the groove board (Shaw, Fig 7, #26) of Shaw and add at least two second teeth (Brovald, Fig 1, #23) to a rear portion (Shaw, annotated Fig 7 below) that will mesh with the grooves (Brovald, annotated Fig 1 above) of modified Shaw in order to further strengthen the adjustable connection between the groove board (Shaw, Fig 7, #26) of Shaw and the handle (Shaw, Fig 7, #31) of Shaw so that the arms (Shaw, Fig 3, #35 & #36) and/or the handle (Fig 3, #31) can support more weight and heavier objects thereon.
PNG
media_image4.png
788
1071
media_image4.png
Greyscale
PNG
media_image5.png
719
1075
media_image5.png
Greyscale
Regarding claim 2, as best understood, modified Shaw discloses the hanger used to display an animal skull wherein the groove board (Shaw, Fig 7, #26) as modified by Brovald is configured as a scallop shape structure, and the grooves (Brovald, annotated Fig 1 above) are evenly distributed on an arc top edge (Shaw, annotated Fig 2 above) of the groove board (Shaw, Fig 7, #26).
Regarding claim 4, modified Shaw discloses the hanger used to display an animal skull wherein the groove board (Shaw, Fig 7, #26) is hinged to the fixing plate (Shaw, Fig 7, #20).
Regarding claim 5, modified Shaw discloses the hanger used to display an animal skull wherein a pair of rotary shafts (Shaw, Fig 2 , #27 & #28) are arranged on a side of the groove board (Shaw, Fig 7, #26) and connected to the fixing plate (Shaw, Fig 7, #20); the
fixing plate (Shaw, Figs 1 & 7, #20) is correspondingly provided with two shaft holes (Shaw, Fig 1, #22 & #23); the rotary shafts (Shaw, Fig 2, #27 & #28) are inserted
into the shaft holes (Shaw, Fig 1, #22 & #23); and the groove board (Shaw, Fig 7, #26) rotates by the rotary shafts (Shaw, Fig 2, #27 & #28) as a supporting point.
Regarding claim 6, modified Shaw discloses the hanger used to display an animal skull wherein an integrally formed bracket (Shaw, Fig 3, #35 & #36) is arranged on one side (front side) of the handle (Shaw, Figs 3 & 7, #31) facing away from the fixing plate (Shaw, Fig 7, #20) and the bracket (Shaw, Fig 3, #35 & #36) is used to support the animal skull.
Regarding claim 7, modified Shaw discloses the hanger used to display an animal skull wherein the bracket (Shaw, Fig 3, #35 & #36) comprises a left bracket (Shaw, Fig 3, #35) and a right bracket (Shaw, Fig 3, #36) which are symmetrically distributed.
Regarding claim 9, modified Shaw discloses the hanger used to display animal skull, wherein the fixing plate (Shaw, Figs 1 & 7, #20) is provided with bolt holes (Shaw, Fig 1, #24 & #25).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Shaw RE47,603 and Brovald 953,254; and further in view of Rist 2024/0383273.
Regarding claim 8, modified Shaw has been discussed above but does not explicitly teach wherein the handle is made of metal material.
Rist discloses a hanger (Fig 1, #120 or #124) used to display an animal skull (as shown in Fig 1) is made of metal material (see claim 10 of Rist).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to fabricate the handle (Shaw, Fig 7, #31) of modified Shaw from metal as taught by Rist, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. Further, metal is well known in the art for being durable, inexpensive, and easily accessible. Further, the substitution of one known material for another would have yielded predictable results to one of ordinary skill in the art at the time of the invention.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Shaw RE47,603 and Brovald 953,254; and further in view of Li 2016/0186922.
Regarding claim 10, modified Shaw has been discussed above but does not explicitly teach wherein the groove board is provided with five grooves.
Li discloses a hanger (Fig 1, #11) comprising wherein a groove board (Fig 1, #112) that is provided with five grooves (annotated Fig 1 below).
PNG
media_image6.png
678
664
media_image6.png
Greyscale
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to fabricate the to form at least 6 first teeth (Brovald, Fig 1, #6) having five corresponding grooves (Brovald, grooves between the 6 teeth) on the groove board (Shaw, Fig 7, #26) of modified Shaw since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art.
Allowable Subject Matter
Claim 3 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEVIN K BARNETT whose telephone number is (571)270-1159. The examiner can normally be reached Monday-Friday 10am-6pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DEVIN K BARNETT/Primary Examiner, Art Unit 3631
Prosecution Insights