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 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 1-20 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 pre-AIA the applicant regards as the invention. The metes and bounds of claim 1 is vague and indefinite as it is not clear if applicant is reciting a combination of the substrate with a double adhesive tape as recited in last line of claim 1. Furthermore, “a magnetic element” included in each of the products listed on lines 12-16 are vague and indefinite as to whether it is referring to the same, “a magnetic element” recited in claim 1, line 11. Similarly, claim 1, last line, “a double adhesive strip” is vague and indefinite as to whether it is referring to the same double adhesive strip recited in lines 8-9 of claim 1. Such double inclusion of the same element makes the claim vague and indefinite as to whether there are one or more of such magnetic elements or double adhesive tapes.
Similarly, claims 16 and 19, last line, “a double adhesive strip” is vague and indefinite as to whether it is referring to the same double adhesive strip recited in previous parts of claims 16 and 18.
Furthermore, it is not clear if the first and second double adhesive strips in claim 2 is the same double adhesive strips referenced in claim 1.
Additionally, the metes and bounds of claim 4 is unclear since the dry erase magnetic sheet which is one of an alternative product that may be included in claim 1 and it is not clear whether the dry erase magnetic sheet recitation in claim 4 is attempting to claim positively the dry erase magnetic sheet as one of the product of claim 1 or not. Same issues are found in claims 3, 7-9, 10-12 (regarding the cooking utensil) or 14-15 (regarding the mounting rack). Examiner is treating such claims as a mere mentioning of the features of the listed products of claim 1 and not an indication of a positive claim to such product. Basically, if examiner finds prior art that satisfies one of the product, then the other features in those claims are moot since claim 1 only requires one of the products be met.
Additionally, claims 2-15, 17, 19, and 20 are rejected as dependent on a rejected claim.
Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim 18 is rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kling (US Patent no. 9089226).
With respect to claim 18, Kling discloses a substrate (2, figure 1) non-destructively attachable on a wall surface and a product (18, figure 7) attachable to the substrate, said substrate comprising: a body (14, figure 1) having an outer perimeter defining a shape of the body, an exposed surface and a backside surface (6, figure 1) opposing the exposed surface; the body having a length and a width, and wherein the length is larger than the width; two spaced apart cutouts (12, 12’, 12”, 12’”, figure 1) formed in the body, inside the outer perimeter (14) of the body, the two spaced apart cutout including a first cutout (12, figure 1) and a second cutout (12’, figure 1) and wherein each cutout has a cutout perimeter and the cutout perimeter is sufficiently large for retrieving a tab (16) of a double-sided adhesive strip (10) adhered to the backside surface of the body; said product (82, figure 7) comprising a shelf (the top surface of dispenser 82 defines “a shelf”, figure 7) having a surface extending outwardly away from the exposed surface of the substrate (2), the shelf extending outwardly from proximate the perimeter of the substrate (the top surface of shelf 2, extends away from perimeter of the substrate 2, figure 7); and wherein in a mounted position on a wall surface, no part of the body extends rearward of the backside surface beyond a thickness of a double-side adhesive strip (Kling in column 4, lines 59-62, discloses “When the base member 2 is attached to the flat surface the first surface 8 is parallel to the flat surface. The first surface 8 is adapted for the application of a stretch releasable adhesive strip 10. “ Since the first surface is flat and the adhesive strip 10 is applied, the flat surface of body 2 does not protrude beyond the adhesive strip .
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 1-3 and 9-17 are rejected under 35 U.S.C. 103 as being unpatentable over in Allen et al (US Patent no. 10852771) view of Kling (US Patent no. 9089226).
With respect to claim 1, Allen discloses Allen discloses a substrate (108, figure 4) non-destructively attachable on a wall surface and a product (106) attachable to the substrate, said substrate comprising: a body (108, figure 4) having an outer perimeter defining a shape of the body, an exposed surface and a backside surface opposing the exposed surface; the body (108, figure 4) having a length and a width, and wherein the length is larger than the width; a cutout (170) formed in the body, between the two sidewalls, the cutout including a cutout perimeter and the cutout perimeter is sufficiently large for retrieving a tab (132, figure 3) of a double-sided adhesive strip (114, figure 2) adhered to the first surface of the body (Allen discloses “ the mount 108 defines an opening 170 that is positioned and/or otherwise configured to allow a user to access and pull the tab 132 (so long as the cover 110 is detached from the mount 108 and/or otherwise out of the way). In some embodiments, this is accomplished by at least a portion of the opening 170 being disposed aligned with at least a portion of the tab 132 to facilitate access to the tab 132 by a user. In at least some embodiments, the opening is large enough, or otherwise exposes a sufficient portion of the tab, for the user to grip and pull the tab. In some embodiments, at least a portion of the tab 132 and at least a portion of the opening 170 may be disposed aligned with the longitudinal axis 134. In some embodiments, the tab 132 may extend through the opening 170 and rest in front of the mount 108 before the tab 132 is gripped and/or pulled by a user.“ ( column 11, lines 1-16); wherein the body (108) is made from a magnetically attractable material (152, figure 4 may be magnetic component, Allen in column 9, lines 54-59, discloses “In some of such embodiments, the catch 150 may be defined by two magnets (not shown) which may be disposed in seats 152 on the mount 108 and two steel (or magnetic) components (not shown) which may be disposed in seats 154 on the smart device 108.“) and is configured to be magnetically attracted to a magnetic element (154, see Allen column 9, lines 54-59,); said product comprising a dry erase magnetic sheet magnetically attachable to the body of the substrate, a cooking utensil having a magnetic element magnetically attachable to the body of the substrate, a knife having a magnetic element magnetically attachable to the body of the substrate, OR a mounting rack (rack 110 holds smart device 106, figure 4) having a front rack surface and a magnetic element (160/164 in figure 4 may be magnetic component see in column 10, lines 34-38 where Allen discloses “In some such embodiments, the catch 160 may be defined by two magnets (not shown) which may be disposed in seats 162 on the mount 108 and two steel (or magnetic) components (not shown) which may be disposed in seats 164 on the cover 110. “) attachable to the body (162) of the substrate (108); and wherein in a mounted position on a wall surface, no part of the body extends rearward of the backside surface beyond a thickness of a double-side adhesive strip.
However, Allen does not disclose two spaced apart cutouts formed in the body, inside the outer perimeter of the body, the two spaced apart cutout including a first cutout and a second cutout and wherein each cutout has a cutout perimeter and the cutout perimeter is sufficiently large for retrieving a tab of a double-sided adhesive strip adhered to the backside surface of the body.
Kling discloses a substrate (2, figure 1) non-destructively attachable on a wall surface and a product (18, figure 7) attachable to the substrate, said substrate comprising: a body (14, figure 1) having an outer perimeter defining a shape of the body, an exposed surface and a backside surface (6, figure 1) opposing the exposed surface; the body having a length and a width, and wherein the length is larger than the width; two spaced apart cutouts (12, 12’, 12”, 12’”, figure 1) formed in the body, inside the outer perimeter (14) of the body, the two spaced apart cutout including a first cutout (12, figure 1) and a second cutout (12’, figure 1) and wherein each cutout has a cutout perimeter and the cutout perimeter is sufficiently large for retrieving a tab (16) of a double-sided adhesive strip (10) adhered to the backside surface of the body. Kling in column 5, lines 2-5, discloses that “The through opening 12 is arranged adjacent to the first surface 8 such that a pull tab portion 16 of the stretch releasable adhesive strip 10 may be grasped and pulled through the through opening 12 from the second side of the base member 2.”
It would have been obvious to one of ordinary skilled in the art to have modify the substrate of Allen such that two spaced apart cutouts are formed in the body, inside the outer perimeter of the body to increase the adhesive force attachment to the wall, and such that the two spaced apart cutout including a first cutout and a second cutout and wherein each cutout has a cutout perimeter and the cutout perimeter is sufficiently large for retrieving a tab of a double-sided adhesive strip adhered to the backside surface of the body as taught to be desirable by Kling.
With respect to claim 2, Allen and Kling combined discloses the substrate and product of claim 1 as advanced above, wherein Kling further teaches comprising a first double-sided adhesive strip (10 at 8, figure 1) adhered to the backside surface of the body, said first double-sided adhesive strip having a tab (16, figure 1) and said tab is exposed at the cutout perimeter of said first cutout (12) and a second double-sided adhesive strip (to be attached at 8’) adhered to the backside surface (8’, figure 1) of the body, said second double-sided adhesive strip having a tab (similar to tab 16, figure 1) and said tab is exposed at the cutout perimeter of said second cutout (12’, figure 1).
With respect to claim 3, Allen and Kling combined discloses the substrate and product of claim 1 as advanced above. As best understood, applicant’s further recitation to the alternate product of “the dry erase magnetic sheet comprises a whiteboard surface for scribing with a dry erase marker” is irrelevant in claim 3 since Allen has met the limitation of the product being a mounting rack as discussed in claim 1 above.
With respect to claim 9, Allen and Kling combined discloses the substrate and product of claim 1 as advanced above. As best understood, applicant’s further recitation to the alternate product of “the dry erase magnetic sheet is magnetically attached to the exposed surface of the substrate” is irrelevant in claim 9 since Allen has met the limitation of the product being a mounting rack as discussed in claim 1 above.
With respect to claims 10-12, Allen and Kling combined discloses the substrate and product of claim 1 as advanced above. As best understood, applicant’s further recitation to the alternate product of “the cooking utensil is a spatula or a spoon comprising a handle, and wherein the handle has the magnetic element” is irrelevant in claims 10-12 since Allen has met the limitation of the product being a mounting rack as discussed in claim 1 above.
With respect to claim 13, Allen and Kling combined discloses the substrate and product of claim 1 as advanced above, wherein Allen discloses further comprising a cover plate (lower portion of 106 constitute a cover plate) located over the cutout (170).
With respect to claim 14, Allen and Kling combined discloses the substrate and product of claim 1 as advanced above, and wherein Allen discloses the mounting rack (110, figure 4) has a body with the front rack surface and the magnetic element (164, figure 4) is attached to the body of the mounting rack (110, figure 4) and the mounting rack is magnetically (at 162) attached to the body (108) of the substrate (108, in column 10, lines 34-38 where Allen discloses “In some such embodiments, the catch 160 may be defined by two magnets (not shown) which may be disposed in seats 162 on the mount 108 and two steel (or magnetic) components (not shown) which may be disposed in seats 164 on the cover 110. “) .
With respect to claim 15, Allen and Kling combined discloses the substrate and product of claim 14 as advanced above, and wherein the body of the mounting rack (110) is larger than the body (108) of the substrate and covers the body of the substrate when the mounting rack is magnetically attached to the substrate (figure 1) .
With respect to claim 16, Allen discloses a substrate (108, figure 4) non-destructively attachable on a wall surface and a product (106) attachable to the substrate, said substrate (108) comprising: a body (base plate 108, figure 2) having two sidewalls (140, figure 4) defining a trough (interior of 108), a first surface configured to face a wall when the body is mounted to the wall and a second surface opposite the first surface; the body having a length and a width, and wherein the length is larger than the width; a cutout (170) formed in the body, between the two sidewalls, the cutout including a cutout perimeter and the cutout perimeter is sufficiently large for retrieving a tab (132, figure 3) of a double-sided adhesive strip (114, figure 2) adhered to the first surface of the body (Allen discloses “ the mount 108 defines an opening 170 that is positioned and/or otherwise configured to allow a user to access and pull the tab 132 (so long as the cover 110 is detached from the mount 108 and/or otherwise out of the way). In some embodiments, this is accomplished by at least a portion of the opening 170 being disposed aligned with at least a portion of the tab 132 to facilitate access to the tab 132 by a user. In at least some embodiments, the opening is large enough, or otherwise exposes a sufficient portion of the tab, for the user to grip and pull the tab. In some embodiments, at least a portion of the tab 132 and at least a portion of the opening 170 may be disposed aligned with the longitudinal axis 134. In some embodiments, the tab 132 may extend through the opening 170 and rest in front of the mount 108 before the tab 132 is gripped and/or pulled by a user.“ ( column 11, lines 1-16); said product (106 and 110, figure 4) comprising a body (110, figure 4) having two sidewalls (sidewalls of 110, figure 4) defining a receiving space (space for 106) and wherein the two sidewalls are configured to cooperate with the two sidewalls of the substrate (at 160, figure 4); and wherein in a mounted position on a wall surface, no part of the body of the substrate extends rearward of the first surface beyond a thickness of a double-side adhesive strip.
However, Allen does not disclose two spaced apart cutouts formed in the body, inside the outer perimeter of the body, the two spaced apart cutout including a first cutout and a second cutout and wherein each cutout has a cutout perimeter and the cutout perimeter is sufficiently large for retrieving a tab of a double-sided adhesive strip adhered to the backside surface of the body.
Kling discloses a substrate (2, figure 1) non-destructively attachable on a wall surface and a product (18, figure 7) attachable to the substrate, said substrate comprising: a body (14, figure 1) having an outer perimeter defining a shape of the body, an exposed surface and a backside surface (6, figure 1) opposing the exposed surface; the body having a length and a width, and wherein the length is larger than the width; two spaced apart cutouts (12, 12’, 12”, 12’”, figure 1) formed in the body, inside the outer perimeter (14) of the body, the two spaced apart cutout including a first cutout (12, figure 1) and a second cutout (12’, figure 1) and wherein each cutout has a cutout perimeter and the cutout perimeter is sufficiently large for retrieving a tab (16) of a double-sided adhesive strip (10) adhered to the backside surface of the body. Kling in column 5, lines 2-5, discloses that “The through opening 12 is arranged adjacent to the first surface 8 such that a pull tab portion 16 of the stretch releasable adhesive strip 10 may be grasped and pulled through the through opening 12 from the second side of the base member 2.”
It would have been obvious to one of ordinary skilled in the art to have modify the substrate of Allen such that two spaced apart cutouts are formed in the body, inside the outer perimeter of the body to increase the adhesive force attachment to the wall, and such that the two spaced apart cutout including a first cutout and a second cutout and wherein each cutout has a cutout perimeter and the cutout perimeter is sufficiently large for retrieving a tab of a double-sided adhesive strip adhered to the backside surface of the body as taught to be desirable by Kling.
With respect to claim 17, Allen and Kling combined discloses the substrate and product of claim 16 as advanced above, and wherein Allen further discloses comprising a through hole (116, figure 4) formed on the body of the product.
Claims 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Henderson (US Patent no. 4294365) in view of Kling (US Patent no. 9089226). Henderson discloses a substrate and product comprising substrate (16) with double-sided adhesive (18) attached to the back surface of the substrate (16) and a product (shelf 12).
Henderson discloses a substrate (rear mounting panel 16) non-destructively attachable on a wall surface and a product (shelf 12, figure 3) attachable to the substrate (16), said substrate comprising: a body (mounting panel 16) having an outer perimeter defining a shape of the body, an exposed surface and a backside surface opposing the exposed surface; the body having a length and a width, and wherein the length is larger than the width; a double-sided adhesive strip (18) adhered to the backside surface of the body (16); said product (shelf 12) comprising a shelf having a surface (12) extending outwardly away from the exposed surface of the substrate, the shelf extending outwardly from proximate the perimeter of the substrate; and wherein in a mounted position on a wall surface, no part of the body extends rearward of the backside surface beyond a thickness of a double-side adhesive strip (18).
However, Henderson does not disclose two spaced apart cutouts formed in the body, inside the outer perimeter of the body, the two spaced apart cutout including a first cutout and a second cutout and wherein each cutout has a cutout perimeter and the cutout perimeter is sufficiently large for retrieving a tab of a double-sided adhesive strip adhered to the backside surface of the body.
Kling discloses a substrate (2, figure 1) non-destructively attachable on a wall surface and a product (18, figure 7) attachable to the substrate, said substrate comprising: a body (14, figure 1) having an outer perimeter defining a shape of the body, an exposed surface and a backside surface (6, figure 1) opposing the exposed surface; the body having a length and a width, and wherein the length is larger than the width; two spaced apart cutouts (12, 12’, 12”, 12’”, figure 1) formed in the body, inside the outer perimeter (14) of the body, the two spaced apart cutout including a first cutout (12, figure 1) and a second cutout (12’, figure 1) and wherein each cutout has a cutout perimeter and the cutout perimeter is sufficiently large for retrieving a tab (16) of a double-sided adhesive strip (10) adhered to the backside surface of the body. Kling in column 5, lines 2-5, discloses that “The through opening 12 is arranged adjacent to the first surface 8 such that a pull tab portion 16 of the stretch releasable adhesive strip 10 may be grasped and pulled through the through opening 12 from the second side of the base member 2.”
It would have been obvious to one of ordinary skilled in the art to have modify the substrate of Henderson such that two spaced apart cutouts are formed in the body, inside the outer perimeter of the body, the two spaced apart cutout including a first cutout and a second cutout and wherein each cutout has a cutout perimeter and the cutout perimeter is sufficiently large for retrieving a tab of a double-sided adhesive strip adhered to the backside surface of the body as taught to be desirable by Kling.
With respect to claim 19, Henderson and Kling combined discloses the substrate and product of claim 18 as advanced above, wherein the shelf (12) is unitarily formed with the substrate (16).
With respect to claim 20, Henderson and Kling combined discloses the substrate and product of claim 18 as advanced above, wherein the combination of Henderson and Kling combined would have provided a cover plate (front flange of 14 of Henderson) over at least one of the cutouts on the body of the substrate..
Claims 1, 2, and 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Levis (US Publication no. 20220000287) in view of Kling (US Patent no. 9089226) and further in view of Cacioppo et al (US Pub. No. 20100164434).
Levis discloses a substrate (20 and 30, figure 1) non-destructively attachable on a wall surface and a product (picture, figure 5) attachable to the substrate (on surface of 20 via adhesives 40 which may be magnets), the substrate comprising a body (20 and 30) having an outer perimeter defining a shape of the body, an exposed surface (21) and a back surface (31) opposing the exposed surface, the body having a length and a width, and wherein the length is larger than the width (Levis discloses in paragraph [0044] “Similarly, in some embodiments, housing back 31 may be provided in the shape of a square, rectangle, triangle, oval, etc., while still providing a flat surface to mount against a picture or other object”) further comprising a first double-sided adhesive strip (41) adhered to the backside surface (31) of the body having a first tab (42) exposed and a second double-sided adhesive strip (43, figure 1) adhered to the backside surface (31) of the body (30) having a second tab (42) exposed; wherein the body is made from a magnetically attractable material (paragraph [0056] discloses in addition to adhesive tapes 40, magnets may be employed on the surface of 21) and is configured to be magnetically attracted to a magnetic element (picture); and wherein in a mounted position on a wall surface, no part of the body (20 and 30) extends rearward of the backside surface beyond a thickness of a double-side adhesive strip (40).
However, Levis does not disclose two spaced apart cutouts formed in the body, inside the outer perimeter of the body, the two spaced apart cutout including a first cutout and a second cutout and wherein each cutout has a cutout perimeter and the cutout perimeter is sufficiently large for retrieving a tab of a double-sided adhesive strip adhered to the backside surface of the body; said product comprising a dry erase magnetic sheet magnetically attachable to the body of the substrate, a cooking utensil having a magnetic element magnetically attachable to the body of the substrate, a knife having a magnetic element magnetically attachable to the body of the substrate, or a mounting rack having a front rack surface and a magnetic element attachable to the body of the substrate;
Kling discloses a substrate (2, figure 1) non-destructively attachable on a wall surface and a product (18, figure 7) attachable to the substrate, said substrate comprising: a body (14, figure 1) having an outer perimeter defining a shape of the body, an exposed surface and a backside surface (6, figure 1) opposing the exposed surface; the body having a length and a width, and wherein the length is larger than the width; two spaced apart cutouts (12, 12’, 12”, 12’”, figure 1) formed in the body, inside the outer perimeter (14) of the body, the two spaced apart cutout including a first cutout (12, figure 1) and a second cutout (12’, figure 1) and wherein each cutout has a cutout perimeter and the cutout perimeter is sufficiently large for retrieving a tab (16) of a double-sided adhesive strip (10) adhered to the backside surface of the body. Kling in column 5, lines 2-5, discloses that “The through opening 12 is arranged adjacent to the first surface 8 such that a pull tab portion 16 of the stretch releasable adhesive strip 10 may be grasped and pulled through the through opening 12 from the second side of the base member 2.”
It would have been obvious to one of ordinary skilled in the art to have modify the substrate of Levis such that two spaced apart cutouts are formed in the body, inside the outer perimeter of the body to increase the adhesive force attachment to the wall, and such that the two spaced apart cutout including a first cutout and a second cutout and wherein each cutout has a cutout perimeter and the cutout perimeter is sufficiently large for retrieving a tab of a double-sided adhesive strip adhered to the backside surface of the body as taught to be desirable by Kling.
However, Levis and Kling combined does not disclose the product is a dry erase magnetic sheet.
Cacioppo discloses a dry erase magnetic sheet (14, see paragraph [0032]). It would have been obvious to one of ordinary skilled in the art to have mounted a dry erase magnetic sheet to the system of Levis for presentation purposes as taught by Cacioppo. Levis teaches substrate surface 21 may be provided with magnets for mounting of the product. To mount the dry erase magnetic sheet of Cacioppo to the magnets of the substrate in Levis would have been obvious to one of ordinary skilled in the art as such magnetic attachments are old and well-known methods of removable attachment. Cacioppo demonstrates such old and conventional magnetic securement with the tray TCU 12 and tray 18 magnetically attached to the board (14) “allowing relatively easy removal” (see paragraph [0032]).
With respect to claim 2, Levis, Kling, and Cacioppo combined discloses the substrate and product of claim 1 as advanced above, and wherein Kling discloses further comprising a first double-sided adhesive strip (10, figure 1 in Kling) adhered to the backside surface of the body, said first double-sided adhesive strip having a tab (16) and said tab is exposed at the cutout perimeter of said first cutout (12, figure 1 in Kling) and a second double-sided adhesive strip (on 8’, figure 1) adhered to the backside surface of the body, said second double-sided adhesive strip having a tab (16) and said tab is exposed at the cutout perimeter of said second cutout (12’, figure 1 in Kling).
With respect to claim 4. Levis, Kling, and Cacioppo combined discloses the substrate and product of claim 2 as advanced above, and Cacioppo discloses further comprising a dry marker eraser (108, figure 5) is magnetically attached to the holding space) magnetically attachable to the body of the substrate or the dry erase magnetic sheet.
With respect to claim 5. Levis, Kling, and Cacioppo combined discloses the substrate and product of claim 4 as advanced above, and Cacioppo discloses further comprising a dry erase marker (16, figure 5) magnetically attachable to the body of the substrate or the dry erase magnetic sheet.
With regards to claims 4 and 5, It would have been obvious to one of ordinary skilled in the art to have provided the system of Levis, Kling, and Cacioppo combined with dry erase marker and eraser accessories for the dry erase magnetic board thereof as taught to be desirable by Cacioppo.
With respect to claim 6. Levis, Kling, and Cacioppo combined discloses the substrate and product of claim 5 as advanced above, and Kling discloses further comprising a third cutout (12”, figure 1) formed in the body of the substrate, wherein the third cutout has a cutout perimeter and the cutout perimeter of the third cutout is sufficiently large for retrieving two tabs of two double-sided adhesive strips (10, figure 1) adhered to the backside surface of the body. It would have been obvious to one of ordinary skilled in the art to have provided additional adhesive strip to the substrate of Leivs, Kling, and Cacioppo combined for additional adhering force to the wall and associated cutout for removal of said adhesive as taught to be desirable by Kling.
Claims 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Levis (US Publication no. 20220000287) in view of Kling (US Patent no. 9089226) and further in view of Cacioppo et al (US Pub. No. 20100164434) as applied to claim 1 above, and further in view of Madigan (US Publication no. 9115845) and Prior art of figure 2 (herein referred to as PA).
With regards to claims 7 and 8, Levis, Kling, and Cacioppo combined disclosed all the claimed features of applicant’s device as discussed above in claim 1 except for packaging the substrates and double sided adhesives with a package having a housing with a cavity that includes a plural substrates and double sided adhesive strips.
Madigan discloses the substrate body (11), adhesive strip, and other components of the assembly are packaged together such that
“The assembled protective liner 13, adhesive strip 12, backer patch 22 and pierced rail 23 are shipped in coiled condition to the installer with the pierced tab in position shown as 24, allowing tighter coiling of the aforementioned assembly.” (column 6, lines 15-19); and “Use of a thin rail permits the effective application of pressure to the ribbon-structure interface to insure bonding, reduces material requirements and permits delivery of a rail-ribbon-protective liner assembly in coiled form, reducing packaging, storage and shipping cost” (column 1, lines 45-49). It would have been obvious to one of ordinary skilled in the art to have made packaged the substrate and adhesive and associated accessories of Levis, Kling, and Cacioppo combined for storage and shipping as taught to be desirable by Madigan.
Levis, Kling, and Cacioppo combined discloses a package of substrate and adhesives but does not disclose the package specifics of having a housing cavity for the substrate and adhesives. Such package with housing and cavity are old and well-known in the art of packaging. Figure 2 Prior Art shows conventional blister package with housing cavity (162) for packaging items such as adhesive strips for sale. It would have been obvious to one of ordinary skilled in the art to have packaged the substrate and adhesives of Levis, Kling, and Cacioppo combined in a package with cavity housing such items as taught to be desirable by Figure 2 Prior Art as such is conventional and well-known in the art of packaging.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art of record further demonstrate mounting substrates with associated products thereon.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ko (Korie) H Chan whose telephone number is (571)272-6816. The examiner can normally be reached on Monday -Friday, 8:00 - 5:00 EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached on 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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/Ko H Chan/Primary Examiner, Art Unit 3631
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