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 .
Drawings
The drawings are objected to because Figure 1A and 1C do not seem to clearly point to the entire picture as the “sign mounting system”. The lead lines appear to identify the fence instead of the entire sign mounting system. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 102
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.
Claims 1-13 and 15-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 5099590 A to Yamaguchi:
Regarding claim 1, Yamaguchi teaches a Parting Surface Structure of Bulletin Device (sign mounting system for tautly mounting a flexible material sign to an associated sign structure), comprising: a plurality of elongated sign mounting member assemblies (parting surface body 12 and edge rod 2) adapted to be mounted to the associated sign structure to define a perimeter for the flexible material sign (bulletin 30). At least one of the plurality of elongated sign mounting member assemblies is to include: an elongated base member (edge rod 2) adapted to be mounted to the associated sign structure (site where bulletin is mounted, Abstract), at least one mounting spring (coil spring 29) for tautly mounting the flexible material sign (30) to the base member (2), the at least one mounting spring (29) having a first end (top hook portion of spring, see Figure 3) secured to the base member (horizontal portion 6 of the edge rod 2) and a second end (bottom hook of spring 29, see Figure 3) secured to the flexible material sign (bulletin 30); and an elongated cover member (parting part 12, shaft portion 13, horizontal portion 14, parting portion 15, second parting surface portion 17) complementarily and removably secured to the elongated base member (2) for covering the at least one mounting spring (29).
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Regarding claim 2, Yamaguchi teaches the elongated base member (2) includes: a planar portion (vertical portion 7, stepped portion 8); and a mounting portion defining a groove (C-shaped bearing portion 4 and the opening 4a) therein into which the elongated cover member (parting part 12, shaft portion 13, horizontal portion 14) is complementarily and removably secured to the elongated base member (edge rod 2).
Regarding claim 3, Yamaguchi teaches the groove is defined as having a slit portion (C-shaped bearing portion opening 4a) through which the elongated cover member (shaft portion 13 of cover member 12-15 and 17) is received and an enlarged base portion into which the elongated cover member (parting part 12, shaft portion 13, horizontal portion 14) is received, the enlarged base portion (edge rod 2) being sized larger than the slit portion (C-shaped bearing portion opening 4a) to prevent pull-out of the elongated cover member through the slit portion of the groove (see column 4, line 41-53).
Regarding claim 4, Yamaguchi teaches the mounting portion (C-shaped bearing portion 4) is cylindrical shaped and is disposed at one end of the planar portion (vertical portion 7, stepped portion 8), and the slit portion (C-shaped bearing portion opening 4a) is perpendicularly oriented relative to the planar portion (see figure 5).
Regarding claim 5, Yamaguchi teaches how the enlarged base portion (2) is defined as a bore extending along an entirety of the mounting portion and the elongated base member (see figure 5).
Regarding claim 6, Yamaguchi teaches the elongated cover member (12-14 and 17) including: a cover portion (parting part 12, shaft portion 13, horizontal portion 14, parting portion 15); and a mounting portion (shaft portion 13) that is adapted to removably mount the cover member to the elongated base member (edge rod 2) and extend in a direction away from the elongated base member (2).
Regarding claim 7, Yamaguchi teaches that the cover portion (14 of cover member 12-15 and 17) is spaced apart from a planar portion (4 and the spacing depicted is 4a) of the elongated base member by the mounting portion (13).
Regarding claim 8, Yamaguchi teaches that the mounting portion (13) is a wall structure oriented approximately perpendicularly relative to a planar portion (4) of the elongated base member (2 and 4) when the cover portion (12-15 and 17) is removably secured to the elongated base member (4).
Regarding claim 9, Yamaguchi teaches that the cover portion (12, 14, and 15) is a wall structure angled relative to a planar portion (4) of the elongated base member (2 and 4) when the cover portion (12-14 and 17) is removably secured to the elongated base member (2 and 4).
Regarding claim 10, Yamaguchi teaches that the elongated cover member (12-14 and 17) further includes a distal wall portion (magnetic material 24 and magnets 25) extending from the cover portion (15) toward the planar portion (2) of the elongated base member (2 and 4) when the cover portion is removably secured to the elongated base member (this is depicted by fitting portion 5, where it shows how the magnets 25 use force to attach to the edge rod 2).
Regarding claim 11, Yamaguchi teaches that the elongated cover member (15) further includes a mating flange (second parting surface portion 17) extending from a distal end of the distal wall portion (24) and oriented so as to be approximately parallel to a planar portion (2) of the elongated base member (2 and 4) when the cover portion (13) is removably secured to the elongated base member (2 and 4).
Regarding claim 12, Yamaguchi teaches that the cover portion (12) is flexible relative to a planar portion (2) of the elongated base member (2) for allowing access to the at least one mounting spring (29).
Regarding claim 13, Yamaguchi teaches that the elongated cover member (13) is flexibly hinged to the elongated base member (4) for allowing access to the at least one mounting spring (29).
Regarding claim 15, Yamaguchi teaches that the elongated cover member (17) provides impact resistance for protecting the at least one mounting spring (29) (it inherently provides impact resistance since it covers the spring).
Regarding claim 16, Yamaguchi teaches that at least one mounting spring includes a coiled spring portion (coiled spring 29) disposed between a base portion (the top hook as seen in Figure 3) secured to the elongated base member (hook plates 27) and a grasping portion (the bottom hook as seen in Figure 3) secured to the flexible material sign (30).
Regarding claim 17, Yamaguchi teaches the grasping portion (the bottom hook as seen in Figure 3) includes a looped portion (the top hook as seen in Figure 3) configured to receive a tension force for stretching the coiled spring portion (29).
Regarding claim 18, Yamaguchi teaches the associated sign structure (this is a 112 since there is no mention of the associated sign structure is part of claim 1) is a fence, and wherein the at least one of the plurality of elongated sign mounting member assemblies (2 and 12) is secured to the fence with fasteners (magnetic material 24).
Regarding claim 19, Yamaguchi teaches that the fence is provided in an area likely to receive impact (the fence seems to be on the bulletin 30 since the parting surface portion 17 seems to be making the impact onto 30, which means it receives its impact).
Regarding claim 20, Yamaguchi teaches a Parting Surface Structure of Bulletin Device (an elongated sign mounting member assembly for a sign mounting system for tautly mounting a flexible material sign to an associated structure), comprising: an elongated base member (edge rod 2) adapted to be mounted to the associated sign structure (site where bulletin is mounted, Abstract), the elongated base member including a planar portion (vertical portion 7, stepped portion 8) and a mounting portion defining a groove (C-shaped bearing portion 4 and the opening 4a) therein; at least one mounting spring (coil spring 29) for tautly mounting the flexible material sign (30) to the elongated base member (2), at least one mounting spring (29) having a first end (top hook portion of spring, see Figure 3) secured to the base member (horizontal portion 6 of the edge rod 2) and a second end (bottom hook of spring 29, see Figure 3) secured to the flexible material sign (bulletin 30); and an elongated cover member (parting part 12, shaft portion 13, horizontal portion 14, parting portion 15, second parting surface portion 17) complementarily and removably secured to the elongated base member (2) for covering the at least one mounting spring (29), the elongated cover member (parting surface body 12) being flexibly hinged to the elongated base member (edge rod 2) for allowing access to the at least one mounting spring (coil spring 29); and wherein the groove is defined as having a slit portion (C-shaped bearing portion opening 4a) through which the elongated cover member (shaft portion 13 of cover member 12-15 and 17) is received and an enlarged base portion into which the elongated cover member (parting part 12, shaft portion 13, horizontal portion 14) is received, the enlarged base portion (edge rod 2) being sized larger than the slit portion (C-shaped bearing portion opening 4a) to prevent pull-out of the elongated cover member through the slit portion of the groove (see column 4, line 41-53).
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.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over US 5099590 A to Yamaguchi in view of US 3809785 to Calabrese et al. (hereinafter "Calabrese").
Regarding claim 14, Yamaguchi teaches that the edge rod, connector, parting surface body, and parting surface material can be made out of a synthetic resin. Yamaguchi does not teach the synthetic resin comprising polyvinyl chloride (PVC). Calabrese teaches polyvinyl chloride can be substituted for synthetic resin (column 1, line 45-52).
It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to form the synthetic resin of the edge rod, connector, parting surface body, and parting surface taught by Yamaguchi comprising polyvinyl chloride (PVC) as taught by Calabrese with a reasonable expectation of success to provide a known synthetic resin.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 4580361 A by Hillstrom et al. describes a “Display Tensioning Frame”, comprising a cover, a base, a spring, and the flexible material sign. US 1882454 A by Spalding describes a “Screen for Projected Pictures”, comprising a cover, a base, a spring, and the flexible material sign.
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
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