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
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 (i.e., changing from AIA to pre-AIA ) 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, 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.
Claim(s) 1-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 5,746,329 (hereinafter Rondeau) in view of US Patent 10,455,988 (hereinafter Lyons).
Regarding claim 1, Rondeau shows a set of a segment is arranged in the holder (fig. 3), of which at least one holding segment being a permanent magnet (“Magnet”), wherein the
Regarding claim 2, Rondeau in view of Lyons shows the holding segment in the shelf and the holder are permanent magnets (Rondeau, col. 3, ln. 16-19).
Regarding claim 3, Rondeau in view of Lyons shows the holding segment in the shelf is a permanent magnet and the holding segment in the holder is a ferromagnetic metal or an alloy of ferromagnetic metals.
Regarding claim 4, Rondeau in view of Lyons shows the holding segment in the shelf is a ferromagnetic metal or an alloy of ferromagnetic metals and the holding segment in the holder is a permanent magnet (Rondeau, col. 3, ln. 16-19).
Regarding claim 5, Rondeau in view of Lyons shows the shelf and the holder are provided with at least one recess (42A) for accommodating one pair of oppositely arranged holding segments.
Regarding claim 6, Rondeau in view of Lyons shows wherein the shelf and the holder are provided with two to five side-by-side recesses for accommodating two to five pairs of oppositely arranged holding segments (Lyons, fig. 4).
Regarding claim 7, Rondeau in view of Lyons shows wherein the recesses (42A) are circular in shape (Rondeau, fig. 1).
Regarding claim 8, Rondeau in view of Lyons shows wherein the shelf and the holder are made of plastic or aluminium or aluminium alloys or composite materials (Rondeau, plastic, col. 3, ln. 50-55).
Regarding claim 9, Rondeau in view of Lyons shows a bath/shower screen (22), wherein it comprises a set of a shelf and a holder of claim 1, removably attached on both sides of the bath/shower screen (fig. 1).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Patent 9,756,905 is directed to the state of the art of magnetically attached items to shower curtains.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JANIE M LOEPPKE whose telephone number is (571)270-5208. The examiner can normally be reached M-F 9AM-5PM ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Angwin can be reached at (571) 270-3735. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JANIE M LOEPPKE/Primary Examiner, Art Unit 3754
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