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 Rejection - 35 USC 102(a)(1) The claim is rejected under 35 USC 102(a)(1) as being anticipated by QJZ #9081 because the claimed invention was patented, described in a printed publication, in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. The appearance of QJZ #9081 is substantially the same as that of the claimed design. The ordinary observer test is the sole test for anticipation. International Seaway Trading Corp. v. Walgreens Corp ., 589 F.3d 1233, 1237-38, 1240, 93 USPQ2d 1001 (Fed. Cir. 2009). “Two designs are substantially the same if their resemblance is deceptive to the extent that it would induce an ordinary observer, giving such attention as a purchaser usually gives, to purchase an article having one design supposing it to be the other.” Door-Master Corp. v. Yorktowne Inc. , 256 F.3d 1308, 1313 (Fed. Cir. 2001) (citing Gorham Co. v. White, supra) . “The mandated overall comparison is a comparison taking into account significant differences between the two designs, not minor or trivial differences that necessarily exist between any two designs that are not exact copies of one another. Just as ‘minor differences between a patented design and an accused article's design cannot, and shall not, prevent a finding of infringement,’ so too minor differences cannot prevent a finding of anticipation.” Int'l Seaway, supra (citing Litton Sys., Inc. v. Whirlpool Corp ., 728 F.2d 1423, 1444 (Fed. Cir. 1984)). Under this standard, the appearance of the QJZ #9081 is substantially the same as that of the claimed design. Furthermore, the effective filing date of the claimed invention is 12/13/2023 ; the first available date on Amazon.com of the QJZ #9081 reference is 11/15/2016 . Accordingly, the rejection under this statute is proper. The examiner notes that the publication date of the QJZ #9081 reference is outside of the one-year grace period afforded to the applicant under 35 USC 102(b)(1) for disclosures with a prior public availability date. Conclusion: This application stands rejected under 35 U.S.C. §102(a)(1). Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT MARK T PHILIPPS whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-9578 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Monday-Friday 8:30-5:00 . Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice . If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amber Stiles can be reached on FILLIN "SPE Phone?" \* MERGEFORMAT 571-272- 7611 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov . Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /MARK T. PHILIPPS/ Primary Patent Examiner, Art Unit 2964