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 1-3, 7-11, 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over US 7036257 to Sardo in view of US 7621306 Settles and US 5908681 and US 5908681 to Foster.
Regarding claim 1, Sardo teaches a decorative holiday picture frame cover comprising: a front panel (front panel 22), the front panel (22) including a decorative image on an outer surface of the front panel (column 3, line 4-10, figures 2, 3, and 5); a perimeter wall (side panels 24) being positioned about and integrally formed with the front panel (22), the perimeter wall (24) being positioned to extend in a direction perpendicular to the front panel (22); a lip (rear edging 28) being integrally formed with the perimeter wall (24), the lip (28) projecting inwardly from the perimeter wall (24) in a direction parallel to the front panel (22) such that the lip (28) forms a perimeter pocket with the perimeter wall (24) and the front panel (22), the lip (28) having an edge (peripheral border 28P) surrounding an orifice.
Although Sardo teaches the frame cover (20) has a stretchable rear edging (rear lip 28) having a peripheral border (28P) which extends inwardly from the side panels 24 behind the front panel 22, Sardo does not specifically teach the stretchable rear edging (rear lip 28) comprising a band being connected to the edge of the lip. Sardo does not teach the band having an elongated cross-sectional shape, a central longitudinal axis of the elongated cross- sectional shape being aligned with the lip wherein the band is coplanar with the lip.
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Settles teaches a laundry machine door window cover comprising: a front panel (central portion 24), a perimeter wall (perimeter edge 32) being positioned about and integrally formed with the front panel (24), a lip (perimeter portion 26) being integrally formed with the perimeter wall (32), the lip (26) projecting inwardly from the perimeter wall (32) in a direction parallel to the front panel (24) such that the lip (26) forms a perimeter pocket (doorframe-receiving pocket 31) with the perimeter wall (32) and the front panel (24), the lip (26) having an edge surrounding an orifice (opening 28); and a band (length of resilient material 20 (e.g., elastic stretch material); column 3, line 50-60) being connected to the edge (interior edge 30) of the lip (26), the band (20) being positioned to surround the orifice (30), the band (20) comprising a resilient material being stretchable for placement of a perimeter section of a the door inside the perimeter pocket (31) and being resilient to pull the front panel (24) taut over a front surface of the door.
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Foster teaches a protective table cover (10) comprising: a front panel (cover member 12), a perimeter wall being positioned about and integrally formed with the front panel (12), a lip (peripheral flap 20) being integrally formed with the perimeter wall, the lip (20) projecting inwardly from the perimeter wall in a direction parallel to the front panel (12) such that the lip (20) forms a perimeter pocket (perimeter channel 18) with the perimeter wall and the front panel (12), the lip (20) having an edge surrounding an orifice; and a band (elastic band 22) being connected to the edge of the lip (20), the band (22) being positioned to surround the orifice, the band (22) comprising a resilient material being stretchable for placement of a perimeter section of a the door inside the perimeter pocket (18) and being resilient to pull the front panel (12) taut over a to surface of the table.
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It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to substitute the stretchable rear edging having a peripheral border taught by Sardo with an elastic/resilient band secured within a sewn-in passage or hem as taught Settles with a reasonable expectation of success to provide a means to hold the cover to the picture frame as an alternate securing means. Such a modification would have involved a simple substitution of one known securing means for another to obtain predictable results. KSR International Co. v. Teleflex Inc., 550 U.S. 398, 82 USPQ 2D 1385 (2007).
Since the applicant does not disclose that a band having an elongated cross-sectional aligned with the lip wherein the band is coplanar with the lip solves any stated problem or is for any particular purpose, it appears that constructing the band of any suitable cross-sectional shape would perform equally well retaining the cover on the picture frame. It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct band taught by Settles with elongated cross-sectional aligned with the lip wherein the band is coplanar with the lip as taught by Foster with a reasonable expectation of success to provide a means to retaining the cover on the picture frame.
.Regarding claim 2, Sardo teaches the front panel (22) is rectangular; the perimeter wall (24) includes four wall sections and four corners; each of the four wall sections is connected to a respective edge of the front panel (22); the lip (28) is rectangular; and the orifice is rectangular (figure 4).
Regarding claim 3, Sardo teaches “the picture frame cover 20 is provided in a wide variety of shapes and sizes, in order that it may be used to cover picture frames 10 having a wide variety of shapes and sizes” (column 3, lines 10-13). Sardo does not teach each of the front panel, the lip, and the orifice is square. 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 front panel, the lip, and the orifice of the cover taught by Sardo of any suitable shape with a reasonable expectation of success to provide a means to accommodate a square shaped picture frame. A change in the shape of a prior art device is a design consideration within the skill of the art. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Regarding claim 7, Settles teaches the band (length of resilient material 20 (e.g., elastic stretch material); column 3, line 50-60) comprises an elastic strip positioned inside the lip (sewn-in passage 35 of perimeter portion 26). Foster teaches the band (22) comprises an elastic strip positioned inside the lip (figure 4).
Regarding claims 8-10, Sardo teaches “the picture frame cover 20 is provided in a wide variety of shapes and sizes, in order that it may be used to cover picture frames 10 having a wide variety of shapes and sizes” (column 3, line 10-13). 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 width of the perimeter wall, the width of the lip and the height and width of the front panel of any suitable dimensions as taught by Sardo with a reasonable expectation of success to provide a cover sized to fit a picture frame as a specific dimension as a matter of design. A change in the size of a prior art device is a design consideration within the skill of the art. In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955).
Regarding claim 11, Sardo teaches the decorative image is a themed image corresponding to a holiday or special event. Sardo recites “the picture frame cover 20 is adorned with designs that are evocative of a particular holiday "theme"” (column 3, line 8-10).
Regarding claim 18, Sardo teaches a decorative holiday picture frame cover and method of altering a visual appearance the picture frame comprising: providing a decorative cover (frame cover 20) for altering a visual appearance of a piece of wall art (picture frame 10) comprising: a front panel (front panel 22), the front panel (22) including a decorative image on an outer surface of the front panel (column 3, line 8-10); a perimeter wall (side panels 24) being positioned about and integrally formed with the front panel (22), the perimeter wall (24) be positioned to extend in a direction perpendicular to the front panel (22); a lip (rear edging 28) being integrally formed with the perimeter wall (24), the lip (28) projecting inwardly from the perimeter wall (24) in a direction parallel to the front panel (22) such that the lip (28) forms a perimeter pocket with the perimeter wall (24) and the front panel (22), the lip (28) having an edge (28P) surrounding an orifice. Sardo teaches stretching the rear edging (28) to expand the orifice to fit around a piece of wall art (picture frame 10) larger than the orifice; placing a perimeter section of the piece of wall art (10) inside the perimeter pocket, such that the front panel (22) extends over a front surface (10F) of the piece of wall art (10), the perimeter wall (24) extends over a perimeter surface (10S) of the piece of wall art (10), and the lip (rear edging 28) extends over a perimeter portion of a back surface (10R) of the piece of wall art (10); and releasing the rear edging (28) and thereby pulling the front panel (22) taut over the front surface (10F) of the piece of wall art (10), such that the decorative image is visible.
Although Sardo teaches the frame cover (20) has a stretchable rear edging (rear lip 28) having a peripheral border (28P) which extends inwardly from the side panels 24 behind the front panel 22, Sardo does not specifically teach the stretchable rear edging (rear lip 28) comprising a band being connected to the edge of the lip. Sardo does not teach the band having an elongated cross-sectional shape, a central longitudinal axis of the elongated cross- sectional shape being aligned with the lip wherein the band is coplanar with the lip.
Settles teaches a laundry machine door window cover comprising: a front panel (central portion 24), a perimeter wall (perimeter edge 32) being positioned about and integrally formed with the front panel (24), the front panel (24) including a decorative image (indicia 38) on an outer surface of the front panel (24); a lip (perimeter portion 26) being integrally formed with the perimeter wall (32), the lip (26) projecting inwardly from the perimeter wall (32) in a direction parallel to the front panel (24) such that the lip (26) forms a perimeter pocket (doorframe-receiving pocket 31) with the perimeter wall (32) and the front panel (24), the lip (26) having an edge surrounding an orifice (opening 28); and a band (length of resilient material 20 (e.g., elastic stretch material); column 3, line 50-60) being connected to the edge (interior edge 30) of the lip (26), the band (20) being positioned to surround the orifice (30), the band (20) comprising a resilient material being stretchable for placement of a perimeter section of a the door inside the perimeter pocket (31) and being resilient to pull the front panel (24) taut over a front surface of the door.
Settles teaches stretching the band (20) to expand the orifice (30) to fit around a door larger than the orifice (30); placing a perimeter section of the door inside the perimeter pocket (31), such that the front panel (24) extends over a front surface of the door, the perimeter wall (32) extends over a perimeter surface of the door, and the lip (26) extends over a perimeter portion of a back surface of the door; and releasing the band (20) and thereby pulling the front panel (24) taut over the front surface of the door, such that the decorative image is visible.
Foster teaches a protective table cover (10) comprising: a front panel (cover member 12), a perimeter wall being positioned about and integrally formed with the front panel (12), a lip (peripheral flap 20) being integrally formed with the perimeter wall, the lip (20) projecting inwardly from the perimeter wall in a direction parallel to the front panel (12) such that the lip (20) forms a perimeter pocket (perimeter channel 18) with the perimeter wall and the front panel (12), the lip (20) having an edge surrounding an orifice; and a band (elastic band 22) being connected to the edge of the lip (20), the band (22) being positioned to surround the orifice, the band (22) comprising a resilient material being stretchable for placement of a perimeter section of a the door inside the perimeter pocket (18) and being resilient to pull the front panel (12) taut over a to surface of the table.
It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to substitute the stretchable rear edging having a peripheral border taught by Sardo with an elastic/resilient band secured within a sewn-in passage or hem as taught Settles with a reasonable expectation of success to provide a means to hold the cover to the picture frame as an alternate securing means. Such a modification would have involved a simple substitution of one known securing means for another to obtain predictable results. KSR International Co. v. Teleflex Inc., 550 U.S. 398, 82 USPQ 2D 1385 (2007).
Since the applicant does not disclose that a band having an elongated cross-sectional aligned with the lip wherein the band is coplanar with the lip solves any stated problem or is for any particular purpose, it appears that constructing the band of any suitable cross-sectional shape would perform equally well retaining the cover on the picture frame. It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct band taught by Settles with elongated cross-sectional aligned with the lip wherein the band is coplanar with the lip as taught by Foster with a reasonable expectation of success to provide a means to retaining the cover on the picture frame.
Regarding claim 19, Sardo teaches the front panel (22) is rectangular; the perimeter wall (24) includes four wall sections and four corners; each of the four wall sections is connected to a respective edge of the front panel (22); the lip (28) is rectangular; and the orifice is rectangular (figure 4). Sardo also teaches placing the decorative cover on a rectangular piece of wall art.
Claims 4 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over US 7036257 to Sardo in view of US 7621306 Settles and US 5908681 to Foster as applied to claims 1 and 2, respectively above, and further in view of DE 202015001697 to Möller.
Neither Sardo nor Settles teach each of the front panel, the perimeter wall, and the lip comprises a resiliently stretchable fabric.
Möller teaches a cover for flat screens comprising: a front panel (front side 7), the front panel (7) including a decorative image on an outer surface of the front panel (photo printing; ¶0007 and 0015; claim 3); a perimeter wall (not labeled, figure 1) being positioned about and integrally formed with the front panel (7), the perimeter wall being positioned to extend in a direction perpendicular to the front panel (7); a lip (rear side; figure 3) being integrally formed with the perimeter wall, the lip (rear side; figure 3) projecting inwardly from the perimeter wall in a direction parallel to the front panel (7) such that the lip forms a perimeter pocket (pouch; ¶0015) with the perimeter wall and the front panel (7), the lip (rear side) having an edge (peripheral border 28P) surrounding an orifice; and a band (rubber cable or a rubber band; ¶0015) being connected to the edge of the lip, the band being positioned to surround the orifice, the band comprising a resilient material being stretchable for placement of a perimeter section of a piece of wall art inside the perimeter pocket and being resilient to pull the front panel taut over a front surface of the piece of wall art.
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Möller teaches a cover (1) for a flat screen (4) comprising a bag-shaped, stretchable material (2) which is adapted to the outer contour of the flat screen (4) and an elastic band or a rubber band, for wrinkle-free application of the cover (1) to the front side (7) of the flat screen (4), wherein the cover can be pulled over the flat screen (4).
It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to the construct the cover taught by Sardo and Settles of a resiliently stretchable fabric as taught by Möller with a reasonable expectation of success to provide a means for the entire cover to conform to the shape of the item (picture frame, TV or door) to which it is being attached.
Claims 5 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over US 7036257 to Sardo in view of US 7621306 Settles, US 5908681 to Foster and DE 202015001697 to Möller as applied to claim 4, respectively above, and further in view of US 20050183973 to Spater et al. (Spater).
Regarding claims 5 and 13, Spater teaches a tire cover or casing 30 that s hugs or conforms to the shape of the tire comprising a liquid-resistant material/fabrics that exhibit elastic properties such as polyurethane coated nylon (¶0032).
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 cover taught by Sardo and Settles with polyurethane coated nylon as taught by Spater with a reasonable expectation of success to provide a cover that is resistant to liquids.
Claims 5-6 and 13-17 are rejected under 35 U.S.C. 103 as being unpatentable over US 7036257 to Sardo in view of US 7621306 Settles and US 5908681 to Foster and DE 202015001697 to Möller as applied to claim 4, respectively above, and further in view of US 20060072857 to Revels.
Regarding claims 5-6 and 13-14, Revels teaches a waterproof carrying case/bag comprising a main body 12 formed from a soft flexible sheet of polyurethane-coated nylon material. The main body 12 is formed such that a “certain stretching and "giving" of the material is achieved, which facilitates wrinkle-free attachment of the bag. (¶0017 and 0031).
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 cover taught by Sardo and Settles with polyurethane coated nylon as taught by Revels with a reasonable expectation of success to provide a cover that is resistant to wrinkles and is a moisture- impermeable material.
Regarding claim 15, Settles teaches the band (length of resilient material 20 (e.g., elastic stretch material); column 3, line 50-60) comprises an elastic strip positioned inside the lip (sewn-in passage 35 of perimeter portion 26).
Regarding claim 16, Sardo teaches “the picture frame cover 20 is provided in a wide variety of shapes and sizes, in order that it may be used to cover picture frames 10 having a wide variety of shapes and sizes” (column 3, line 10-13). 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 width of the perimeter wall, the width of the lip and the height and width of the front panel of the picture frame of any suitable dimensions as taught by Sardo with a reasonable expectation of success to provide a cover sized to fit a picture frame as a specific dimension as a matter of design. A change in the size of a prior art device is a design consideration within the skill of the art. In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955).
Regarding claim 17, Sardo teaches the decorative image is a themed image corresponding to a holiday or special event. Sardo recites “the picture frame cover 20 is adorned with designs that are evocative of a particular holiday "theme"” (column 3, line 8-10).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-18 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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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.
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/CASSANDRA DAVIS/Primary Examiner, Art Unit 3631
