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 .
Election/Restrictions
Applicant’s election of Species A (Figures 1-9) is acknowledged. Election was made without traverse in the reply filed November 21, 2025. Claim 11 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings are objected to because Figures 13-22 improperly contain only black and white photographs. It is noted that black and white photographs, including photocopies of photographs, are not ordinarily permitted in utility and design patent applications. In order photographs to properly replace line drawings, the photographs or photomicrographs must show the invention more clearly than they can be done by India ink drawings and otherwise comply with the rules concerning such drawings. Black and white photographs submitted in lieu of ink drawings must comply with 37 CFR 1.84(b). There is no requirement for a petition or petition fee, and only one set of photographs is required. See 37 CFR 1.84(b)(1). To be acceptable, such photographs must be of sufficient quality so that all details in the photographs are reproducible in the printed patent. If several photographs are used to make one sheet of drawings, the photographs must be contained on a single sheet.
Photographs or photomicrograph printed on sensitized paper are acceptable as drawings, in lieu of India ink drawings, as are photographic images submitted via EFS-Web, to illustrate inventions which are incapable of being accurately or adequately depicted by India ink drawings, e.g., electrophoresis gels, blots, (e.g., immunological, western, Southern, and northern), autoradiographs, cell cultures (stained and unstained), histological tissue cross sections (stained and unstained), animals, plants, in vivo imaging, thin layer chromatography plates, crystalline structures, metallurgical microstructures, textile fabrics, grain structures and, in a design patent application, ornamental effects. See MPEP 608.02.
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.
Specification
The disclosure is objected to because of the following minor informalities: Paragraph 0048 of the specification refers to “figures 13 to 23,” however there is no Figure 23 in the drawings filed May 14, 2025.
Appropriate correction is required.
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 1-7, 9, and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Pub No. 2018/0303263 Jones et al.
To claim 1, Jones discloses a garment hanger (10) (see Figures 1-9; paras. 0030-0039) comprising:
a body (12) for supporting a garment thereon, said body comprising a sheet material (para. 0021) and having a non-circular aperture extending therethrough (see especially Figures 5-6; para. 0034); and
a suspension member (24) (see Figures 1-9; paras. 0031-0033 and 0035-0036) comprising:
a hook (26) for suspending the hanger (see Figures 1-2; para. 0031);
a retainer (36,38) for engaging said non-circular aperture and releasably and rotatably retaining engagement between said suspension member and said body, said retainer comprising an axle (40,42) and at least one foot (lower edge of either of flanges 114,116) (see Figures 5-8; paras. 0033 and 0037); and
a rotation limiter comprising a first edge engager (as best depicted in Figures 7 and 8, the first edge engager comprises the portions of the inner surfaces of retainer 36,38 that are configured to engage edge 86 of body 12 to limit rotation of suspension member 24 relative to body 12; paras. 0037-0038), in use, engaging an edge (86) of said sheet material to limit rotation of said suspension member relative to said body (see Figures 1-8; paras. 0037-0038).
To claim 2, Jones further discloses a garment hanger wherein said suspension member further comprises a rotation controller having a second edge engager in use engaging said edge of said sheet material adjacent said rotation limiter and a flexible member allowing said second engager to control rotation of said suspension member (see Figures 5-8; paras. 0033 and 0037).
To claim 3, Jones further discloses a garment hanger wherein said suspension member further comprises a connector (34,88) for joining said hook to said retainer (see Figures 5-8; paras. 0035-0036).
To claim 4, Jones further discloses a garment hanger wherein said connector comprises a label area (see especially Figure 9; paras. 0035-0036).
To claim 5, Jones further discloses a garment hanger wherein said suspension member comprises a single component (para. 0039).
To claim 6, Jones further discloses a garment hanger wherein said connector comprises a planar portion with said retainer extending therefrom, said rotation limiter extending perpendicular from said planar portion (see Figures 1-9; paras. 0032-0036).
To claim 7, Jones further discloses a garment hanger wherein said connector is located in a first plane and said sheet material and said rotation limiter are in second plane parallel to said first plane (see Figures 1-9; paras. 0032-0036).
To claim 9, Jones further discloses a garment hanger wherein said suspension member comprises an injection moulded thermoplastic material (para. 0021).
To claim 10, Jones further discloses a garment hanger wherein said rotation limiter comprises a size marker (see especially Figure 9; paras. 0035-0036).
Claims 1 and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE 10 2009 013 081 Deckers (all references to the Description of Deckers are to the 6-page, English-Language translation of Deckers appended to the copy of Deckers provided with this office action).
To claim 1, Deckers discloses a garment hanger (10) (see Figures 1-7; Description lines 114-174) comprising:
a body (11) for supporting a garment thereon, said body comprising a sheet material and having a non-circular aperture (19) extending therethrough (see Figures 1-3 and 6-7; Description lines 142-174); and
a suspension member (15) (see Figures 1 and 4-7; Description lines 128-174) comprising:
a hook (16) for suspending the hanger (see Figures 1 and 4; Description lines 128-131);
a retainer (23) for engaging said non-circular aperture and releasably and rotatably retaining engagement between said suspension member and said body, said retainer comprising an axle (23a) and at least one foot (23b) (see Figures 1-7; Description lines 132-139); and
a rotation limiter comprising a first edge engager (22), in use, engaging an edge (20) of said sheet material to limit rotation of said suspension member relative to said body (see especially Figures 6-7; Description lines 149-168).
To claim 8, Deckers further discloses a garment hanger wherein said sheet material comprises cardboard (Description lines 123-124).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Additional garment hangers with configurations analogous to those of the instant invention (see form PTO-892 “Notice of References Cited”).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GRIFFIN HALL whose telephone number is (571)270-0546. The examiner can normally be reached Monday - Friday, 9:00 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alissa Tompkins can be reached at (571) 272-3425. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/F Griffin Hall/Primary Examiner, Art Unit 3732