Office Action
Rejection
35 USC 102(a)(1)
The claim is rejected under 35 U.S.C. 102(a)(1) as being anticipated by “101.2" Oversized Modular Sectional Sofa, Down Filled Convertible L Shaped Couch with Deep Seating and Two Side Pockets for Living Room (Blue-QJ231)” product listing on Amazon.com, listed as first available on April 9, 2025, because 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.
The appearance of the sofa shown in the Amazon product listing is substantially the same as that of the claimed design. See e.g., International Seaway Trading Corp. v. Walgreens Corp., 589 F.3d 1233, 1237-38, 1240, 93 USPQ2d 1001 (Fed. Cir. 2009) and MPEP § 1504.02.
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The claim is stands rejected under 35 USC 102(a)(1).
The references cited but not applied are considered cumulative art related to the claimed design.
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEANNA L PRATT whose telephone number is (571)272-7649. The examiner can normally be reached on Monday-Friday, 9am-5pm.
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/DEANNA L PRATT/Primary Examiner, Art Unit 2931
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