DETAILED ACTION
Remarks
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant’s election without traverse of invention II (claim 7) in the reply filed on 11/21/25 is acknowledged. Accordingly, claims 1-6 are withdrawn from examination.
Claim Objections
Claim 7 is objected to because of the following informalities:
In claim 7, the limitation “one end of the press pole” should be modified to “a first end of the press pole”, and the limitation “the other end of the press pole” should be modified to “a second end of the press pole”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112(b)
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.
Claim 7 is rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 7 recites the limitation "the bracket" in line 2. This limitation lacks sufficient antecedent basis in the claims. To advance prosecution, Examiner suggests amending this limitation to “a bracket”.
Claim 7 recites the limitation "the action of the spring" in line 7. The phrase “the action” limitation lacks sufficient antecedent basis in the claims. To advance prosecution, Examiner suggests amending this limitation to “an action of the spring”.
Claim Rejections – 35 USC 102 (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.
Claim 7 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by SMOBY1 as evidenced by AMAZON2.
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SMOBY, Annotated Product Image 1
Regarding claim 7, SMOBY teaches a flower maker for making the handmade flower (SMOBY: see annotated image 1, ref. A; see also SMOBY product description: “With the creative Smoby Flower Market, children from 3 years can design their very own flowers and assemble them into pretty bouquets”; see also Product Instructions, final assembly image; see also AMAZON evidencing a public availability date of SMOBY device as July 2023) comprising
a pedestal, wherein a mount for mounting the bracket is arranged on the pedestal (see annotated image 1, ref. B),
an arm is connected to the pedestal by means of a hinge (see annotated image 1, ref. C; see also product instructions, steps 8 and 9, showing arm H connected to pedestal by a hinge),
a sleeve is arranged at a tail end of the arm (see annotated image 1, ref. D),
a press pole is mounted and limited in the sleeve (see annotated image 1, ref. E),
a spring is arranged between the press pole and the sleeve (see product instructions, step 7, ref. T: showing spring “T” being placed into the interior of sleeve “J” between the press pole at the bottom of the image and sleeve at the top of the image),
a press cap located outside the sleeve is arranged at one end of the press pole (see annotated image 1, ref. F),
a needle rod is arranged at the other(see product instructions, step 7, ref. T: showing press pole including a needle rod with a diameter smaller than the main body of the press pole being placed into sleeve; see also annotated image 1 showing needle rod of press pole being retracted in a lower opening of the sleeve under the action of the spring therein), and when the arm is lifted around the hinge, the lower opening of the sleeve is located right above the mount (see annotated image 1, left side showing the arm C in a lifted position around the hinge, such that the lower opening of the sleeve D is located right above the mount B).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to James Hull whose telephone number is 571-272-0996. The examiner can normally be reached on Monday-Friday from 8:00am to 5:00pm MST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Xuan Thai, can be reached at telephone number 571-272-7147. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES B HULL/Primary Examiner, Art Unit 3715
1 SMOBY, “Smoby Flower Market”, accessed at: https://www.smoby.com/smoby_en/categories/crafting-painting/arts-crafts/smoby-flower-market-7600350407.html (June 2024).
2 AMAZON, “Smoby: Flower Market - Kids DIY 100 Piece Set, Build Your Own Fabric Flower Bouquets, Arts & Crafts for Ages 3+”, accessed at: https://www.amazon.com/Smoby-Flower-Market-Fabric-Bouquets/dp/B0BYDW5GXP/ref=cm_cr_arp_d_product_top?ie=UTF8 (Review date: July 2023).