DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
The amendment filed on 4/14/2026 has been entered. Claims 1-20 are pending in the Application.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-8, 16-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of U.S. Patent No. 12362523. Although the claims at issue are not identical, they are not patentably distinct from each other because Claims 1-16 of Patent 12362523 anticipate claims 1-8, 16-20 of the Instant Application..
Instant Application
US Patent 12362523
An artificial tree, comprising:
a first tree portion, including: a first trunk section having a first plurality of wires at least partially therein, a first plurality of branches connected to the first trunk section,
a first light string distributed on the first plurality of branches and in electrical connection with the first plurality of wires, and a first electrical connector in electrical connection with the first plurality of wires and having a first plurality of ridges, the first plurality of ridges defining a plurality of gaps located between adjacent ridges of the plurality of ridges;
a second tree portion, including: a second trunk section, a second plurality of branches connected to the second trunk section,
a second light string distributed on the second plurality of branches and in electrical connection with a second plurality of wires,
a second electrical connector in electrical connection with the second plurality of wires and having a second plurality of ridges and comprising an outer sleeve secured to the second tree portion with a fastener, the outer sleeve configured to receive a portion of the second trunk section;, and
wherein the first electrical connector is configured to mechanically and electrically couple with the second electrical connector, such that each ridge of the second plurality of ridges is located in a gap of the plurality of gaps, thereby limiting rotation of the first electrical connector relative to the second electrical connector and also limiting rotation of the first tree portion relative to the second tree portion.
1. An artificial tree, comprising:
a first tree portion, including:
a first trunk section having a first plurality of wires at least partially therein,
a first plurality of branches connected to the first trunk section,
a first light string distributed on the first plurality of branches and in electrical connection with the first plurality of wires, and
a first electrical connector in electrical connection with the first plurality of wires and having a first plurality of ridges, the first plurality of ridges defining a plurality of gaps located between adjacent ridges of the plurality of ridges;
a second tree portion, including:
a second trunk section,
a second plurality of branches connected to the second trunk section,
a second light string distributed on the second plurality of branches and in electrical connection with a second plurality of wires,
a second electrical connector in electrical connection with the second plurality of wires and having a second plurality of ridges, and
an outer sleeve secured to the second tree portion and the second electrical connector with a first fastener, the outer sleeve including a first end configured to receive a portion of the second trunk section and a second end configured to receive at least a portion of the second electrical connector,
wherein the first electrical connector is configured to mechanically and electrically couple with the second electrical connector, such that each ridge of the second plurality of ridges is located in a gap of the plurality of gaps, thereby limiting rotation of the first electrical connector relative to the second electrical connector and also limiting rotation of the first tree portion relative to the second tree portion.
2. The artificial tree of Claim 1, wherein the first electrical connector includes two electrical contacts, the two electrical contacts of the first electrical connector mechanically and electrically connected to the first plurality of wires inside the first trunk section, and wherein the second electrical connector includes two electrical contacts, the two electrical contacts of the second electrical connector mechanically and electrically connected to the second plurality of wires.
2. The artificial tree of claim 1, wherein the first electrical connector includes two electrical contacts, the two electrical contacts of the first electrical connector mechanically and electrically connected to the first plurality of wires inside the first trunk section, and wherein the second electrical connector includes two electrical contacts, the two electrical contacts of the second electrical connector mechanically and electrically connected to the second plurality of wires.
3. The artificial tree of Claim 2, wherein one of the two electrical contacts of the first electrical connector comprises a cylindrical contact.
3. The artificial tree of claim 2, wherein one of the two electrical contacts of the first electrical connector comprises a cylindrical contact.
4. The artificial tree of Claim 2, wherein the two electrical contacts of the first electrical connector are concentric about a central axis of the artificial tree.
4. The artificial tree of claim 2, wherein the two electrical contacts of the first electrical connector are concentric about a central axis of the artificial tree.
5. The artificial tree of Claim 2, wherein one of the two electrical contacts of the second electrical connector comprises a cylindrical contact.
5. The artificial tree of claim 2, wherein one of the two electrical contacts of the second electrical connector comprises a cylindrical contact.
6. The artificial tree of Claim 2, wherein the two electrical contacts of the second electrical connector are concentric about a central axis of the artificial tree.
6. The artificial tree of claim 2, wherein the two electrical contacts of the second electrical connector are concentric about a central axis of the artificial tree.
7. The artificial tree of Claim 1, wherein the first tree portion further comprises an accessory plug configured to provide power to an artificial tree accessory.
7. The artificial tree of claim 1, wherein the first tree portion further comprises an accessory plug configured to provide power to an artificial tree accessory.
8. The artificial tree of Claim 1, wherein the second tree portion further comprises an accessory plug configured to provide power to an artificial tree accessory.
8. The artificial tree of claim 1, wherein the second tree portion further comprises an accessory plug configured to provide power to an artificial tree accessory.
An artificial tree, comprising:
a first trunk section having a first plurality of wires at least partially disposed therein
;a first plurality of branches connected to the first trunk section;
a first light string distributed on the first plurality of branches and in electrical connection with the first plurality of wires;
a first electrical connector configured to be at least partially inserted into the first trunk section and having a first plurality of ridges;
a second trunk section having a second plurality of wires at least partially disposed therein;
a second plurality of branches connected to the second trunk section;
a second light string distributed on the second plurality of branches and in electrical connection with the second plurality of wires;
a second electrical connector comprising an outer sleeve configured to receive at least a portion of the second trunk section, the second electrical connector configured to be at least partially inserted into the second trunk section, having a second plurality of ridges, and configured to mate with the first electrical connector;
a third electrical connector configured to be at least partially inserted into the second trunk section and having a third plurality of ridges; a third trunk section;
a third plurality of branches connected to the third trunk section; a
third light string distributed on the third plurality of branches;
a fourth electrical connector configured to mate with the third electrical connector and having a fourth plurality of ridges; and
wherein the first electrical connector is configured to mate with the second electrical connector, such that each ridge of the first plurality of ridges is located between adjacent ridges of the second plurality of ridges, and
wherein the third electrical connector is configured to mate with the fourth electrical connector, such that each ridge of the third plurality of ridges is located between adjacent ridges of the fourth plurality of ridges.
9. An artificial tree, comprising:
a first trunk section having a first plurality of wires at least partially disposed therein;
a first plurality of branches connected to the first trunk section;
a first light string distributed on the first plurality of branches and in electrical connection with the first plurality of wires;
a first electrical connector configured to be at least partially inserted into the first trunk section and having a first plurality of ridges;
a second trunk section having a second plurality of wires at least partially disposed therein;
a second plurality of branches connected to the second trunk section;
a second light string distributed on the second plurality of branches and in electrical connection with the second plurality of wires;
a second electrical connector configured to be at least partially inserted into the second trunk section, having a second plurality of ridges, and configured to mate with the first electrical connector;
a third electrical connector configured to be at least partially inserted into the second trunk section and having a third plurality of ridges;
a third trunk section;
a third plurality of branches connected to the third trunk section;
a third light string distributed on the third plurality of branches;
a fourth electrical connector configured to mate with the third electrical connector and having a fourth plurality of ridges; and
an outer sleeve configured to receive at least a portion of the third trunk section and configured to connect to the fourth electrical connector,
wherein the outer sleeve is secured to the third trunk section and the fourth electrical connector with a first fastener,
wherein the first electrical connector is configured to mate with the second electrical connector, such that each ridge of the first plurality of ridges is located between adjacent ridges of the second plurality of ridges, and
wherein the third electrical connector is configured to mate with the fourth electrical connector, such that each ridge of the third plurality of ridges is located between adjacent ridges of the fourth plurality of ridges.
10. The artificial tree of Claim 9, wherein the first electrical connector includes two electrical contacts, the two electrical contacts of the first electrical connector mechanically and electrically connected to the first plurality of wires inside the first trunk section, and wherein the second electrical connector includes two electrical contacts, the two electrical contacts of the second electrical connector mechanically and electrically connected to the second plurality of wires.
11. The artificial tree of claim 9, wherein the first electrical connector includes two electrical contacts, the two electrical contacts of the first electrical connector mechanically and electrically connected to the first plurality of wires inside the first trunk section, and wherein the second electrical connector includes two electrical contacts, the two electrical contacts of the second electrical connector mechanically and electrically connected to the second plurality of wires.
11. The artificial tree of Claim 10, wherein one of the two electrical contacts of the first electrical connector comprises a cylindrical contact.
12. The artificial tree of claim 11, wherein one of the two electrical contacts of the first electrical connector comprises a cylindrical contact.
12. The artificial tree of Claim 10, wherein the two electrical contacts of the first electrical connector are concentric about a central axis of the artificial tree.
13. The artificial tree of claim 11, wherein the two electrical contacts of the first electrical connector are concentric about a central axis of the artificial tree.
13. The artificial tree of Claim 10, wherein one of the two electrical contacts of the second electrical connector comprises a cylindrical contact.
14. The artificial tree of claim 11, wherein one of the two electrical contacts of the second electrical connector comprises a cylindrical contact.
14. The artificial tree of Claim 10, wherein the two electrical contacts of the second electrical connector are concentric about a central axis of the artificial tree.
15. The artificial tree of claim 11, wherein the two electrical contacts of the second electrical connector are concentric about a central axis of the artificial tree.
15. The artificial tree of Claim 9, wherein the third trunk section includes a third plurality of wires, and wherein the third trunk section further comprises an accessory plug electrically connected to the third plurality of wires and configured to provide power to an artificial tree accessory.
16. The artificial tree of claim 9, wherein the third trunk section includes a third plurality of wires, and wherein the third trunk section further comprises an accessory plug electrically connected to the third plurality of wires and configured to provide power to an artificial tree accessory.
16. An artificial tree, comprising:a first tree portion, including:a first trunk section having a first plurality of wires at least partially therein,a first plurality of branches connected to the first trunk section,a first light string distributed on the first plurality of branches and in electrical connection with the first plurality of wires, anda first electrical connector in electrical connection with the first plurality of wires and having a first plurality of ridges, the first plurality of ridges defining a plurality of gaps located between adjacent ridges of the plurality of ridges;a second tree portion, including:a second trunk section,a second plurality of branches connected to the second trunk section,a second light string distributed on the second plurality of branches and in electrical connection with a second plurality of wires,
a second electrical connector in electrical connection with the second plurality of wires and having a second plurality of ridges and comprising an outer sleeve secured to the second trunk section with a fastener and configured to receive at least a portion of the second trunk section, and wherein the first electrical connector is configured to mechanically and electrically couple with the second electrical connector, such that each ridge of the second plurality of ridges is located in a gap of the plurality of gaps, thereby limiting rotation of the first electrical connector relative to the second electrical connector and also limiting rotation of the first tree portion relative to the second tree portion, and wherein the first electrical connector includes two electrical contacts, the two electrical contacts of the first electrical connector mechanically and electrically connected to the first plurality of wires inside the first trunk section, and wherein the second electrical connector includes two electrical contacts, the two electrical contacts of the second electrical connector mechanically and electrically connected to the second plurality of wires.
1. An artificial tree, comprising:
a first tree portion, including:
a first trunk section having a first plurality of wires at least partially therein,
a first plurality of branches connected to the first trunk section,
a first light string distributed on the first plurality of branches and in electrical connection with the first plurality of wires, and
a first electrical connector in electrical connection with the first plurality of wires and having a first plurality of ridges, the first plurality of ridges defining a plurality of gaps located between adjacent ridges of the plurality of ridges;
a second tree portion, including:
a second trunk section,
a second plurality of branches connected to the second trunk section,
a second light string distributed on the second plurality of branches and in electrical connection with a second plurality of wires,
a second electrical connector in electrical connection with the second plurality of wires and having a second plurality of ridges, and
an outer sleeve secured to the second tree portion and the second electrical connector with a first fastener, the outer sleeve including a first end configured to receive a portion of the second trunk section and a second end configured to receive at least a portion of the second electrical connector,
wherein the first electrical connector is configured to mechanically and electrically couple with the second electrical connector, such that each ridge of the second plurality of ridges is located in a gap of the plurality of gaps, thereby limiting rotation of the first electrical connector relative to the second electrical connector and also limiting rotation of the first tree portion relative to the second tree portion.
2. The artificial tree of claim 1, wherein the first electrical connector includes two electrical contacts, the two electrical contacts of the first electrical connector mechanically and electrically connected to the first plurality of wires inside the first trunk section, and wherein the second electrical connector includes two electrical contacts, the two electrical contacts of the second electrical connector mechanically and electrically connected to the second plurality of wires.
17. The artificial tree of Claim 16, wherein one of the two electrical contacts of the first electrical connector comprises a cylindrical contact.
3. The artificial tree of claim 2, wherein one of the two electrical contacts of the first electrical connector comprises a cylindrical contact.
18. The artificial tree of Claim 16, wherein the two electrical contacts of the first electrical connector are concentric about a central axis of the artificial tree.
4. The artificial tree of claim 2, wherein the two electrical contacts of the first electrical connector are concentric about a central axis of the artificial tree.
19. The artificial tree of Claim 16, wherein one of the two electrical contacts of the second electrical connector comprises a cylindrical contact.
5. The artificial tree of claim 2, wherein one of the two electrical contacts of the second electrical connector comprises a cylindrical contact.
20. The artificial tree of Claim 16, wherein the two electrical contacts of the second electrical connector are concentric about a central axis of the artificial tree.
6. The artificial tree of claim 2, wherein the two electrical contacts of the second electrical connector are concentric about a central axis of the artificial tree.
Claims 9-15 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 9, 11-16 of U.S. Patent No. 12362523 in view of Comerford US 2012/0201597 A1..
Claim 9, 11-16 of US Patent 12362523 recites the limitations of claims 9-15 of the Instant Application, as seen above, except “a second electrical connector … comprising an outer sleeve secured to the second trunk section with a fastener and configured to receive at least a portion of the second trunk section”
Comerford discloses a system for joining connecting cylinders , and an outer sleeve configured to receive a portion of a cylinder portion (54, Fig. 3).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, to include a sleeve, such as taught by Comerford, to the trunk sections, as taught by Patent 12362523. One of ordinary skill in the art would have been motivated to include a sleeve for the trunk portions to be connected rigidly and stably, thereby greatly reinforcing the strength of the structure, in a simple manner (Comerford, ¶ [0008-0009]).
Claims 9-11 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 13, 16 of U.S. Patent No. 11967790 in view of Comerford.
An artificial tree, comprising:
a first trunk section having a first plurality of wires at least partially disposed therein
;a first plurality of branches connected to the first trunk section;
a first light string distributed on the first plurality of branches and in electrical connection with the first plurality of wires;
a first electrical connector configured to be at least partially inserted into the first trunk section and having a first plurality of ridges;
a second trunk section having a second plurality of wires at least partially disposed therein;
a second plurality of branches connected to the second trunk section;
a second light string distributed on the second plurality of branches and in electrical connection with the second plurality of wires;
a second electrical connector comprising an outer sleeve configured to receive at least a portion of the second trunk section, the second electrical connector configured to be at least partially inserted into the second trunk section, having a second plurality of ridges, and configured to mate with the first electrical connector;
a third electrical connector configured to be at least partially inserted into the second trunk section and having a third plurality of ridges; a third trunk section;
a third plurality of branches connected to the third trunk section; a
third light string distributed on the third plurality of branches;
a fourth electrical connector configured to mate with the third electrical connector and having a fourth plurality of ridges; and
wherein the first electrical connector is configured to mate with the second electrical connector, such that each ridge of the first plurality of ridges is located between adjacent ridges of the second plurality of ridges, and
wherein the third electrical connector is configured to mate with the fourth electrical connector, such that each ridge of the third plurality of ridges is located between adjacent ridges of the fourth plurality of ridges.
13. An artificial tree, comprising:
a first tree portion, including:
a first trunk segment;
a first plurality of wires;
a sleeve attached around an outer surface of a portion of the first trunk segment;
a first electrical connector, including:
a first connector body, including a first cylindrical lower portion, a first cylindrical upper portion, and a first plurality of ridges, the first plurality of ridges defining a plurality of gaps located between pairs of the first plurality of ridges, and
two electrical contacts, the two electrical contacts of the first electrical connector mechanically and electrically connected to the first plurality of wires;
a first plurality of branches connected to the first trunk segment;
a first light string distributed on the first plurality of branches and in electrical connection with the first plurality of wires; and
a second tree portion, including:
a second trunk segment;
a second plurality of wires;
a second electrical connector positioned at least partially within the second trunk segment, including:
a second connector body, including a second cylindrical portion having a first cavity and a second cavity, and a second plurality of ridges, and
two electrical contacts disposed within the first cavity of the second cylindrical portion, the two electrical contacts of the second electrical connector mechanically and electrically connected to the second plurality of wires;
a second plurality of branches connected to the second trunk segment; and
a second light string distributed on the second plurality of branches and in electrical connection with the second plurality of wires;
a third tree portion including a trunk section, a portion of the trunk section configured to be at least partially disposed within the second cavity,
wherein the first electrical connector is configured to engage mechanically and electrically couple with the second electrical connector, such that each ridge of the second plurality of ridges is located in a gap of the plurality of gaps, thereby limiting rotation of the first electrical connector relative to the second electrical connector and also limiting rotation of the first tree portion relative to the second tree portion.
10. The artificial tree of Claim 9, wherein the first electrical connector includes two electrical contacts, the two electrical contacts of the first electrical connector mechanically and electrically connected to the first plurality of wires inside the first trunk section, and wherein the second electrical connector includes two electrical contacts, the two electrical contacts of the second electrical connector mechanically and electrically connected to the second plurality of wires.
13. …
a first electrical connector, including:
a first connector body, including a first cylindrical lower portion, a first cylindrical upper portion, and a first plurality of ridges, the first plurality of ridges defining a plurality of gaps located between pairs of the first plurality of ridges, and
two electrical contacts, the two electrical contacts of the first electrical connector mechanically and electrically connected to the first plurality of wires;
…
a second electrical connector positioned at least partially within the second trunk segment, including:
a second connector body, including a second cylindrical portion having a first cavity and a second cavity, and a second plurality of ridges, and
two electrical contacts disposed within the first cavity of the second cylindrical portion, the two electrical contacts of the second electrical connector mechanically and electrically connected to the second plurality of wires;
11. The artificial tree of Claim 10, wherein one of the two electrical contacts of the first electrical connector comprises a cylindrical contact.
16. The artificial tree of claim 13, wherein at least one of the two electrical contacts of the first electrical connector comprises a cylindrical contact.
Claim 13, 16 of US Patent 11967790 recites the limitations of claims 9-11 of the Instant Application, as seen above, except “a second electrical connector … comprising an outer sleeve secured to the second trunk section with a fastener and configured to receive at least a portion of the second trunk section”
Comerford discloses a system for joining connecting cylinders , and an outer sleeve configured to receive a portion of a cylinder portion (54, Fig. 3).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, to include a sleeve, such as taught by Comerford, to the trunk sections, as taught by Patent 11967790. One of ordinary skill in the art would have been motivated to include a sleeve for the trunk portions to be connected rigidly and stably, thereby greatly reinforcing the strength of the structure, in a simple manner (Comerford, ¶ [0008-0009]).
Claim 13 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 13 of U.S. Patent No. 11967790 in view of Comerford, and further in view of Chen US 8936379 B1.
Regarding claim 13, claim 13 of Patent 11967790 in view of Comerford discloses the invention of claim 10, as cited above, except “one of the two electrical contacts of the second electrical connector comprises a cylindrical contact.”
Chen discloses an artificial Christmas tree with cylindrical contacts on both first and second connectors (Fig. 6 and 9).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, to have the first and second electrical connectors, as taught by Patent 11967790 in view of Comerford, to have one of the contacts be cylindrical, such as taught by Chen. One of ordinary skill in the art would have been motivated to have cylindrical contacts for having complementary matching shapes for large connecting surfaces.
Claims 9-11, 12, 14, 15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 5 of U.S. Patent No. 11799251 in view of Comerford.
Instant Application
US Patent 11799251
An artificial tree, comprising:
a first trunk section having a first plurality of wires at least partially disposed therein
;a first plurality of branches connected to the first trunk section;
a first light string distributed on the first plurality of branches and in electrical connection with the first plurality of wires;
a first electrical connector configured to be at least partially inserted into the first trunk section and having a first plurality of ridges;
a second trunk section having a second plurality of wires at least partially disposed therein;
a second plurality of branches connected to the second trunk section;
a second light string distributed on the second plurality of branches and in electrical connection with the second plurality of wires;
a second electrical connector configured to be at least partially inserted into the second trunk section, having a second plurality of ridges, and configured to mate with the first electrical connector;
a third electrical connector configured to be at least partially inserted into the second trunk section and having a third plurality of ridges; a third trunk section;
a third plurality of branches connected to the third trunk section; a
third light string distributed on the third plurality of branches;
a fourth electrical connector configured to mate with the third electrical connector and having a fourth plurality of ridges; and
wherein the first electrical connector is configured to mate with the second electrical connector, such that each ridge of the first plurality of ridges is located between adjacent ridges of the second plurality of ridges, and
wherein the third electrical connector is configured to mate with the fourth electrical connector, such that each ridge of the third plurality of ridges is located between adjacent ridges of the fourth plurality of ridges.
1. An artificial tree, comprising:
a first tree portion, including:
a first trunk segment;
a sleeve attached around an outer surface of a portion of the first trunk segment;
a first plurality of wires;
a first electrical connector, including:
a first connector body, including a first cylindrical lower portion, a first cylindrical upper portion, and a first plurality of projections, the first plurality of projections defining a plurality of gaps located between pairs of the first plurality of projections, and
two electrical contacts, the two electrical contacts of the first electrical connector mechanically and electrically connected to the first plurality of wires;
a first plurality of branches connected to the first trunk segment;
a first light string distributed on the first plurality of branches and in electrical connection with the first plurality of wires; and
a second tree portion, including:
a second trunk segment having a first end with a first diameter, a second end with a second diameter, and an angled transition portion between the first and second ends, wherein the first diameter is less than the second diameter;
a second plurality of wires;
a second electrical connector positioned at least partially within the second trunk segment, including:
a second connector body, including a second cylindrical portion, and a second plurality of projections, and
two electrical contacts disposed within the second cylindrical portion, the two electrical contacts of the second electrical connector mechanically and electrically connected to the second plurality of wires;
a second plurality of branches connected to the second trunk segment; and
a second light string distributed on the second plurality of branches and in electrical connection with the second plurality of wires,
wherein the first electrical connector is configured to engage mechanically and electrically couple with the second electrical connector, such that each projection of the second plurality of projections is located in a gap of the plurality of gaps, thereby limiting rotation of the first electrical connector relative to the second electrical connector and also limiting rotation of the first tree portion relative to the second tree portion, and
wherein a portion of the sleeve is configured to contact an angled transition region of the second trunk segment when the first tree portion is mated with the second tree portion.
10. The artificial tree of Claim 9, wherein the first electrical connector includes two electrical contacts, the two electrical contacts of the first electrical connector mechanically and electrically connected to the first plurality of wires inside the first trunk section, and wherein the second electrical connector includes two electrical contacts, the two electrical contacts of the second electrical connector mechanically and electrically connected to the second plurality of wires.
1. …
a first electrical connector, including:
a first connector body, including a first cylindrical lower portion, a first cylindrical upper portion, and a first plurality of projections, the first plurality of projections defining a plurality of gaps located between pairs of the first plurality of projections, and
two electrical contacts, the two electrical contacts of the first electrical connector mechanically and electrically connected to the first plurality of wires;
…
a second electrical connector positioned at least partially within the second trunk segment, including:
a second connector body, including a second cylindrical portion, and a second plurality of projections, and
two electrical contacts disposed within the second cylindrical portion, the two electrical contacts of the second electrical connector mechanically and electrically connected to the second plurality of wires;
Claim 1 of US Patent 11799251 recites the limitations of claims 9-10 of the Instant Application, as seen above, except “a second electrical connector … comprising an outer sleeve secured to the second trunk section with a fastener and configured to receive at least a portion of the second trunk section”
Comerford discloses a system for joining connecting cylinders , and an outer sleeve configured to receive a portion of a cylinder portion (54, Fig. 3).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, to include a sleeve, such as taught by Comerford, to the trunk sections, as taught by Patent 11799251. One of ordinary skill in the art would have been motivated to include a sleeve for the trunk portions to be connected rigidly and stably, thereby greatly reinforcing the strength of the structure, in a simple manner (Comerford, ¶ [0008-0009]).
Regarding claim 9-10, Claim 1 of US Pat 11799251 teaches the limitations of claim 9, as seen in the table above, except a fourth connecter in a third trunk section, along with branches and light strings.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to duplicate the second trunk portion to form another trunk portion with connectors, branches, and light strings since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8. One of ordinary skill in the art would have been motivated to add additional trunk portions to increase the height of the tree.
Regarding claim 12, Claim 5 of Patent 11799251 in view of Comerford discloses the invention of claim 10, and further discloses “the two electrical contacts of the first electrical connector are concentric about a central axis of the artificial tree (Patent 11799251 claim 5 “the two electrical contacts of the first electrical connector are concentric about a central axis, and the two electrical contacts of the second electrical connector are concentric about a central axis.”) .
Regarding claim 14, Claim 5 of Patent 11799251 in view of Comerford discloses the invention of claim 10, and further discloses “the two electrical contacts of the second electrical connector are concentric about a central axis of the artificial tree (Patent 11799251 claim 5 “the two electrical contacts of the first electrical connector are concentric about a central axis, and the two electrical contacts of the second electrical connector are concentric about a central axis.”)
Regarding claim 15, Claim 1 of Patent 11799251 in view of Comerford discloses the invention of claim 9, and further discloses “the third trunk section includes a third plurality of wires, and wherein the third trunk section further comprises an accessory plug electrically connected to the third plurality of wires and configured to provide power to an artificial tree accessory (Claim 3 of Patent 11799251, “The artificial tree of claim 1, wherein the first trunk segment further comprises an accessory plug configured to provide power to an artificial tree accessory” as modified above, the third trunk is a duplicate).”
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(s) 9-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen US 8936379 B1 in view of Guiol, US 5807138 A1 and Comerford, and Chen US 8298633 B1 .
Regarding claim 9, Chen discloses “An artificial tree, comprising:
a first trunk section (121, Fig. 4-6) having a first plurality of wires (214, Fig. 4-6 and 294-296 Fig. 6) at least partially disposed therein;
a first plurality of branches (122, Fig. 2-4) connected to the first trunk section;
a first light string (124, Fig. 2) distributed on the first plurality of branches and in electrical connection with the first plurality of wires
a first electrical connector (200, Fig. 3) configured to be at least partially inserted into the first trunk section and …
a second trunk section (161, Fig. 4-6) having a second plurality of wires at least partially disposed therein (232, Fig. 4);
a second plurality of branches (122, Fig. 2) connected to the second trunk section;
a second light string (162, Fig. 2) distributed on the second plurality of branches and in electrical connection with the second plurality of wires
a second electrical connector (212, Fig. 4) configured to be at least partially inserted into the second trunk section, … and configured to mate with the first electrical connector (¶ [0111]);
a third electrical connector (other 212, Fig. 4) configured to be at least partially inserted into the second trunk section and having a third plurality of ridges;
a third trunk section (184, Fig. 2 and 4); a third plurality of branches (122, Fig. 2) connected to the third trunk section; a third light string (182, Fig. 2) distributed on the third plurality of branches;
However, Chen does not disclose “a first plurality of ridges;” “having a second plurality of ridges ,” and “wherein the first electrical connector is configured to mate with the second electrical connector, such that each ridge of the second plurality of ridges is located between adjacent ridges of the second plurality of ridges,“ and
“a fourth electrical connector configured to mate with the third electrical connector and having a fourth plurality of ridges; and
,
wherein the third electrical connector is configured to mate with the fourth electrical connector, such that each ridge of the third plurality of ridges is located between adjacent ridges of the fourth plurality of ridges” and
“a second electrical connector comprising an outer sleeve configured to receive at least a portion of the second trunk section”
Guiol discloses an electrical connector with two ends, each end comprising ridges (37 and 57, Fig. 3) and gaps (the spaces between the projections, Fig. 3), and the ridges and gaps are configured to engage each other (seen in Fig. 2b, col. 2, ln. 57-63, col. 3, ln. 29-38).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, to include ridges, such as taught by Guiol, to the opposing surfaces of two connectors, as taught by Chen. One of ordinary skill in the art would have been motivated to include engaging opposing projections for preventing further rotation once the connectors have been engaged (Guiol, col. 2, ln. 57-63), thus preventing disengagement and tangling of wires, and preventing light string damage due to twisting of the trunk sections (Chen US 8298633, col. 1, ln. 33-47).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to duplicate the second trunk portion to form another trunk portion since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8. One of ordinary skill in the art would have been motivated to add additional trunk portions to increase the height of the tree.
Comerford discloses a system for joining connecting cylinders , and an outer sleeve configured to receive a portion of a cylinder portion (54, Fig. 3).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, to include a sleeve, such as taught by Comerford, to the trunk sections, as taught by Chen. One of ordinary skill in the art would have been motivated to include a sleeve for the trunk portions to be connected rigidly and stably, thereby greatly reinforcing the strength of the structure, in a simple manner (Comerford, ¶ [0008-0009]).
Regarding claim 10, Chen in view of Guiol and Comerford discloses the invention of claim 9, as cited above, and Chen further discloses “ “the first electrical connector includes two electrical contacts (206 with 292, Fig. 6, and , the two electrical contacts of the first electrical connector mechanically and electrically connected to the first plurality of wires inside the first trunk section (seen in Fig. 6), and wherein the second electrical connector includes two electrical contacts (292, 298, 300, 306, 308, Fig. 9), the two electrical contacts of the second electrical connector mechanically and electrically connected to the second plurality of wires (seen in Fig. 9).”
Regarding claim 11, Chen in view of Guiol and Comerford discloses the invention of claim 10, as cited above, and Chen further discloses “one of the two electrical contacts of the first electrical connector comprises a cylindrical contact (260, Fig. 6).”
Regarding claim 12, Chen in view of Guiol and Comerford discloses the invention of claim 10, as cited above, and Chen further discloses “the two electrical contacts of the first electrical connector are concentric about a central axis of the artificial tree (set 260 and 262, Fig.6, col. 12, ln. 22-30; col. 13, ln. 37-41 “At a center” and “coaxial, electrical connector”).”
Regarding claim 13 Chen in view of Guiol and Comerford discloses the invention of claim 10, as cited above, and Chen further discloses “one of the two electrical contacts of the second electrical connector comprises a cylindrical contact (302, Fig. 9).”
Regarding claim 14, Chen in view of Guiol and Comerford discloses the invention of claim 10, as cited above, and Chen further discloses “the two electrical contacts of the second electrical connector are concentric about a central axis of the artificial tree (308 and 306, Fig. 9; col. 13, ln. 37-41 “At a center” and “coaxial, electrical connector”).
Regarding claim 15, Chen in view of Guiol and Comerford discloses the invention of claim 10, as cited above, and Chen further discloses “the third trunk section includes a third plurality of wires, and wherein the third trunk section further comprises an accessory plug configured to provide power to an artificial tree accessory (since the third trunk section is a duplicate as modified in the rejection of claim 11 above, the components of the second trunk section, including the wires and accessory plug 224, Fig. 3, Fig. 15ab are part of the third trunk section as well).”
Prior art status
Claim 1 recites, inter alia, An artificial tree, comprising: a first tree portion, including: a first trunk section having a first plurality of wires at least partially therein, a first plurality of branches connected to the first trunk section, a first light string distributed on the first plurality of branches and in electrical connection with the first plurality of wires, and a first electrical connector in electrical connection with the first plurality of wires and having a first plurality of ridges, the first plurality of ridges defining a plurality of gaps located between adjacent ridges of the plurality of ridges; a second tree portion, including: a second trunk section, a second plurality of branches connected to the second trunk section, a second light string distributed on the second plurality of branches and in electrical connection with a second plurality of wires, a second electrical connector in electrical connection with the second plurality of wires and having a second plurality of ridges and comprising an outer sleeve secured to the second tree portion with a fastener, the outer sleeve configured to receive a portion of the second trunk section; and wherein the first electrical connector is configured to mechanically and electrically couple with the second electrical connector, such that each ridge of the second plurality of ridges is located in a gap of the plurality of gaps, thereby limiting rotation of the first electrical connector relative to the second electrical connector and also limiting rotation of the first tree portion relative to the second tree portion.
The references of record do not teach or suggest the aforementioned limitations, nor would it be obvious to modify those references to include such limitations.
Claim 16 recites, inter alia, An artificial tree, comprising: a first tree portion, including: a first trunk section having a first plurality of wires at least partially therein, a first plurality of branches connected to the first trunk section, a first light string distributed on the first plurality of branches and in electrical connection with the first plurality of wires, and a first electrical connector in electrical connection with the first plurality of wires and having a first plurality of ridges, the first plurality of ridges defining a plurality of gaps located between adjacent ridges of the plurality of ridges; a second tree portion, including: a second trunk section, a second plurality of branches connected to the second trunk section, a second light string distributed on the second plurality of branches and in electrical connection with a second plurality of wires, a second electrical connector in electrical connection with the second plurality of wires and having a second plurality of ridges and comprising an outer sleeve secured to the second trunk section with a fastener and configured to receive at least a portion of the second trunk section, and wherein the first electrical connector is configured to mechanically and electrically couple with the second electrical connector, such that each ridge of the second plurality of ridges is located in a gap of the plurality of gaps, thereby limiting rotation of the first electrical connector relative to the second electrical connector and also limiting rotation of the first tree portion relative to the second tree portion, and wherein the first electrical connector includes two electrical contacts, the two electrical contacts of the first electrical connector mechanically and electrically connected to the first plurality of wires inside the first trunk section, and wherein the second electrical connector includes two electrical contacts, the two electrical contacts of the second electrical connector mechanically and electrically connected to the second plurality of wires.
The references of record do not teach or suggest the aforementioned limitations, nor would it be obvious to modify those references to include such limitations.
Response to Arguments
Applicant’s arguments with respect to claim(s) 9 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.
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/MICHAEL CHIANG/Patent Examiner, Art Unit 2875
/JAMES R GREECE/Supervisory Patent Examiner, Art Unit 2875
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