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 .
Information Disclosure Statement
The listing of references in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered.
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, 3, 7, 15-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 1267935 to Townsend.
Regarding claims 1 and16, Townsend teaches a roll calendar comprising a frame (casing 1) having an exterior and a back (3), a top (4), a bottom (4), a first side (3) and a second side (3) defining a hollow interior with an open front; a first rod (roller 8) running between the first side (3) and the second side (3) and a second rod (roller 8) running
between the first side (3) and the second side (3) parallel to the first rod (8), wherein at least one of the first rod (8) and the second rod (8) has at least one rotation knob (9) that is accessible from the exterior of the frame (1); and a flexible, writeable film material (calendar strip, not labeled) scrolled between and around the first rod (8) and the second rod (8), wherein the film material (calendar strip) is configured to be selectively advanced by operation of the at least one rotation knob (9).
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Regarding claim 3, Townsend teaches the at least one knob (9) is a first knob coupled to the first rod (rotating drum 3) about the first side and a second knob coupled to the first rod about the second side.
Regarding claim 7, Townsend teaches a calendar template (calendar strip) configured to allow the film to be used as a progressable calendar.
Regarding claim 15, Townsend teaches the calendar template includes an open space in addition to the calendar days configured to allow a user to write additional notes outside of the calendar.
Regarding claim 17, Townsend teaches coupling a template about the film to give a writeable format to the film.
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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, 2, 5, 8-12, 14, 18, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over CN 106515272 A to Xu in view of US 5957700 to Ariyama.
Regarding claims 1 and 16, Xu teaches a combined integral rotary automatic erasing environment-friendly blackboard comprising: a frame (two struts 2 constitute a support frame; ¶0020) having a first side (left strut 2) and second side (right strut 2); a first rod (upper rotary drum 3) running between the first side (2) and the second side (2) and a second rod (lower rotary drum 3) running between the first side (2) and the second side (2) parallel to the first rod (2), wherein at least one of the first and second rods (2) has at least one rotation knob (rotating handle 13) that is accessible from the exterior of the frame (figures 1-5 and 8-12); and a flexible, writeable film material (belt blackboard 4) scrolled between and around the first rod (2) and the second rod (2), wherein the film material (4) is configured to be selectively advanced by operation of the at least one rotation knob (13).
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Xu does not teach a frame having an exterior and a back, a top, a bottom, a first side and a second side defining a hollow interior with an open front.
Ariyama teaches a writing board comprising: a frame (frame case 11; figure 10) having an exterior and a back, a top, a bottom, a first side and a second side defining a hollow interior with an open front (window-type opening 11a); a first rod (roller 22) running between the first side 14 and the second side 16 and a second rod (roller 23) running between the first side 14 and the second side 16 parallel to the first rod (22; figure 11; column 6, lines 26-31), and a flexible, writeable film material (endless recording medium 12) scrolled between and around the first rod (22) and the second rod (23).
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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 construct the combined integral rotary automatic erasing environment-friendly blackboard taught by XU within a housing/frame having an exterior and a back, a top, a bottom, a first side and a second side defining a hollow interior with an open front as taught by Ariyama with a reasonable expectation of success to provide a means to house and protect the components of the automatic erasing blackboard from damage.
Regarding claim 2, Xu teaches an eraser (fixed outer eraser/wiper 11) mounted on the frame (struts 2), positioned to contact the film material (belt blackboard 4) upon rotation of the at least one rotation knob (rotating handle 13) and configured to remove markings (writing) from the film (4).
Regarding claim 5, neither Xu nor Ariyama teaches the frame, rods, and at least one rotation knob are selected from at least one of wood, metal, and plastic. However, since the applicant does not disclose that the frame, rods, and at least one rotation knob selected from at least one of wood, metal, and plastic solves any stated problem or is for any particular purpose, it appears that constructing the frame, rods, and at least one rotation knob of any suitable durable material would perform equally well a display that can withstand ordinary wear and tear.
Regarding claim 8, Xu teaches a motor (electric motor 8) coupled to at least one of the first and second rods (3) configured to automatically rotate the at least one of the first and second rods (3) to advance the film in response to user settings.
Regarding claim 9, Xu teaches the motor (8) is coupled to at least one of the first rod and the second rob by a gear (rotating gear 7, driving gear 9) and/or a belt.
Regarding claim 10, Xu teaches the motor operation is controlled by a microcontroller for timing or triggering the rotation of the dry erase film based on user inputs.
Regarding claim 11, Xu teaches an adjustable eraser pressure mechanism (inner pressing bar 10), wherein the pressure with which the eraser (outer eraser 11) contacts the film (4) is adjustable.
Regarding claim 12, Ariyama teaches a tension adjustment mechanism (spring, not shown) configured to adjust the tension of the film to keep it taut and optimal for writing and erasing. Ariyama teaches a “spring, not show, preloads the driven roller 23 with tension, thus keeping the recording medium tight between these rollers 22 and 23” (column 3, line 35-38).
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 automatic erasing environment-friendly blackboard taught by Xu with a tension adjustment mechanism as taught by Ariyama reasonable expectation of success to keep the recording medium tight between these rollers 22 and 23.
Regarding claims 13 and 20, Ariyama teaches at least one marker holder (tray) and at least one eraser holder (tray 13). Ariyama does not teach the first side panel and/or the second side panel having at least one marker holder and at least one eraser holder. However, since the applicant does not disclose that proving a holder for the marker and eraser on one of the sides of the frame solves any stated problem or is for any particular purpose, it appears that placing the holder at any suitable location such as along the bottom of the frame as taught by Ariyama would perform equally well. It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct frame of the automatic erasing environment-friendly blackboard taught by Xu with a holder for the marker and the eraser at any suitable location as taught by Ariyama with a reasonable expectation of success to provide a means to hold the marker and eraser.
Regarding claim 14, Xu teaches the first rod (3) has a first end that passes through a first rod aperture on the first side of the frame.
Regarding claim 18, Xu teaches coupling an eraser (fixed outer eraser 11) to the frame (struts 2) such that advancing the film (3) passes a portion of the film that has been written on into contact with the eraser (11) to erase any writing on the film that passes by the eraser.
Regarding claim 19, Xu teaches coupling a controllable motor (electric motor 8) to at least one of the first rod and the second rod to automatically advance the film.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over CN 106515272 A to Xu in view of US 5957700 to Ariyama as applied to claim 1 above, and further in view of CN 2177602 Y to Zhou.
Zhou teaches automatic erasing blackboard comprising a frame (brackets 3) having a first side (left bracket 3) and second side (right bracket 3); a first rod (rotating shaft 4) running between the first side (left bracket 3) and the second side (right bracket 3) and a second rod (rotating shaft 2) running between the first side (left bracket 3) and the second side (right bracket 3) parallel to the first rod (4), wherein at least one of the first and second rods (4 and 2) has at least one rotation knob (driving shaft 5 may be hand-operated to rotate; distal end of driving shaft acts as a knob) that is accessible from the exterior of the frame (figure 1); and a flexible, writeable film material (rotary panel 1) scrolled between and around the first rod (4) and the second rod (2), wherein the film material (1) is configured to be selectively advanced by operation of the at least one rotation knob (distal end of driving rod 5). Zhou teaches the film (1) has an easy-erase coating. Zhou teaches “the rotating panel (1) is made of flexible canvas or plastic cloth coated with black paint” (claim 7).
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 writeable film material (belt blackboard 4) taught by Xu of a flexible canvas or plastic cloth coated with black paint as taught by Zhou with a reasonable expectation of success an alternate blackboard device. Such a modification would have involved a simple substitution of one known flexible blackboard for another to obtain predictable results. KSR International Co. v. Teleflex Inc., 550 U.S. 398, 82 USPQ 2D 1385 (2007).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over CN 106515272 A to Xu in view of US 5957700 to Ariyama as applied to claim 1 above, and further in view of JP H11334284 to TOKITA.
Regarding claim 6, Xu does not teaches the film made from a polymer selected from at least one of polyethylene and polypropylene.
TOKITA teaches an electronic blackboard device comprising a frame (body housing 2) having an exterior and a back, a top, a bottom, a first side and a second side defining a hollow interior with an open front (window 2a); a first rod ( winding rollers 47 and 48) running between the first side and the second side and a second rod (support rollers 49, 50) running between the first side and the second side parallel to the first rod; and a flexible, writeable film material (transparent blackboard 46) scrolled between and around the first rod (47) and the second rod (48). TOKITA teaches the transparent blackboard 46 material is Polyethylene terephthalate.
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 writeable film material (belt blackboard 4) taught by Xu of Polyethylene terephthalate as taught by TOKITA with a reasonable expectation of success to provide alternate blackboard. Such a modification would have involved a simple substitution of one known flexible blackboard for another to obtain predictable results. KSR International Co. v. Teleflex Inc., 550 U.S. 398, 82 USPQ 2D 1385 (2007).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 3316668 to Roger is cited to show an adjustable garden chart with a calendar template. US 6379001 to Tomida teaches an image display apparatus and an image erasing method for use in the apparatus.
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
