Ex Parte Rogozinski

Patent Trial and Appeal Board

May 30, 2018

14422006 (P.T.A.B. May. 30, 2018)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE
14/422,006 02/17/2015
44696 7590
Dr. Mark M. Friedman
Moshe Aviv Tower, 54th floor
7 Jabotinsky St.
Ramat Gan, 5252007
ISRAEL
06/01/2018
FIRST NAMED INVENTOR
Joseph Rogozinski
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www .uspto.gov
ATTORNEY DOCKET NO. CONFIRMATION NO.
5466/2 2863
EXAMINER
MENDIRATTA, VISHU K
ART UNIT PAPER NUMBER
3711
NOTIFICATION DATE DELIVERY MODE
06/01/2018 ELECTRONIC
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
following e-mail address( es):
patents@friedpat.com
friedpat.uspto@gmail.com
rivka_f@friedpat.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte JOSEPH ROGOZINSKI
Appeal2018-003622
Application 14/422,006
Technology Center 3700
Before LINDA E. HORNER, ERIC C. JESCHKE, and
PAUL J. KORNICZKY, Administrative Patent Judges.
KORNICZKY, Administrative Patent Judge.
DECISION ON APPEAL
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Application 14/422,006
STATEMENT OF THE CASE
Pursuant to 35 U.S.C. § 134(a), Appellant 1 appeals from the
Examiner's decision, as set forth in the Final Office Action dated December
20, 2016 ("Final Act.") and the Advisory Action dated March 1, 2017
("Adv. Act."), rejecting claims 1, 2, 4--12, and 18-25.2 We have jurisdiction
under 35 U.S.C. § 6(b ).
We REVERSE.
THE CLAIMED SUBJECT MATTER
The claims are directed to a book with inflatable objects. Claim 1, the
only independent claim on appeal, is reproduced below with disputed
limitations italicized for emphasis:
1. A book, comprising:
(a) an inflation valve;
(b) an evacuation valve;
( c) at least two pages operationally coupled together in a
binding, which defines an axis about which said at least two
pages rotate when turned;
( d) at least two inflatable objects, each of said at least two
pages having at least one of said at least two inflatable objects
mounted thereon, said inflation valve operationally coupled to
one of said inflatable objects and said evacuation valve
operationally coupled to one of said inflatable objects;
( e) at least one fluid conduit, interposed between a first and
a second of said at least two inflatable objects, said fluid conduit
configured to allow a fluid to flow between said at least two
inflatable objects.
Joseph Rogozinski ("Appellant") is the applicant under 37 C.F.R.
§ 1.46, and is identified as the real party in interest. Appeal Brief, dated
May 22, 2017 ("Br."), at 3.
2 Claims 3and13-17 are cancelled. Br. 21-23 (Claims App.).
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Application 14/422,006
REFERENCES
In rejecting the claims on appeal, the Examiner relied upon the
following prior art:
Watrous
Stevenson
us 3,289,333
us 4,208,123
REJECTIONS
Dec. 6, 1966
June 17, 1980
The Examiner made the following rejections:
1. Claims 1, 2, 4--12, and 18-25 stand rejected under 35 U.S.C.
§ 102(b) as being anticipated by Stevenson.
2. Claims 1, 2, 4--12, and 18-25 stand rejected under 35 U.S.C.
§ 102(b) as being anticipated by Watrous.
3. Claim 9 stands rejected under 35 U.S.C. § 103(a) as being
unpatentable over Watrous and Stevenson.
Appellant seeks our review of these rejections.
DISCUSSION
Rejection 1: Claims 1, 2, 4-12, and 18-25
as Anticipated by Stevenson
The Examiner finds that Stevenson discloses all of the limitations of
claim 1, including "at least two pages having at least one of said at least two
inflatable objects mounted thereon." Final Act. 2; see also Adv. Act. 2;
Answer dated October 18, 2017 ("Ans."), at 5---6. The Examiner construes
"mounted" to mean "to place in position." Adv. Act. 2 (citing
dictionary.com); Ans. 5-6. Using this construction, the Examiner finds that
Stevenson discloses two inflatable objects 1, 2 and at least two pages have at
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Application 14/422,006
least one of said at least two inflatable objects mounted thereon. Final Act.
2; Adv. Act. 2; Ans. 5---6.
Appellant asserts that Examiner's rejection is erroneous because the
"plain meaning of the term 'mounted"' is "fixedly connected." Br. 14.
Appellant also asserts that the Specification defines mounted as fixedly
connected "in at least 30 places." Id. Appellant, however, does not identify
support for this definition from a dictionary or the Specification.
Neither the Examiner's nor Appellant's proposed definitions are
persuasive. Although the Specification does not explicitly define the term
mounted, it does describe how the inflatable objects are attached to a page.
The Specification, for example, broadly states that: inflatable objects are
"connected" to a page (Spec. 2:5---6); "first object 56 is connected to a first
page 52" (Spec. 5:22); and "[s]econd page 5020 includes an inflatable object
5022 mounted on a front face 5024 of second page 5020" (Spec. 20: 15-18).
We did not find any reference to "fixedly connected" as suggested by
Appellant.
According to one dictionary, there are several definitions of "mount,"
including "to put or have in position," "to attach to a support," "to arrange or
assemble for use or display," "to prepare (something, such as a specimen)
for examination or display." Merriam-Webster Dictionary,
https://www.merriam-webster.com/ dictionary/mount (last visited May 22,
2018).
Based on the Specification's discussion of inflatable objects
"connected" to a page and the general definitions of mount, we construe the
limitation "each of said at least two pages having at least one of said at least
two inflatable objects mounted thereon" to mean that at least one inflatable
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Application 14/422,006
object is connected to each page so that the inflatable object is displayed on
the page.
In light of this construction, Stevenson does not disclose "each of said
at least two pages having at least one of said at least two inflatable objects
mounted thereon" as recited in claim 1. Stevenson discloses "a pneumatic
device designed to support books and volumes at a level plane." Stevenson
Abstract. Stevenson's pneumatic device (i.e., the inflatable object) is not
connected or attached to a page of the book, and is not displayed on the
page. See id. at Fig. 2. Even under the Examiner's proposed definition of
mounted (i.e., to place in position), Stevenson's pneumatic device is not
placed in position on a page of the book and is not displayed by the page or
book; instead, the entire book is placed on and displayed by the pneumatic
device.
For this reason, Stevenson does not disclose every limitation in
claim 1, and the rejection of claim 1 is not sustained. We also do not sustain
the rejection of claims 2, 4--12, and 18-25 which depend from claim I.
Rejection 2: Claims 1, 2, 4-12, and 18-25
as Anticipated by Watrous
The Examiner finds that Watrous discloses all of the limitations of
claim 1, including "at least two pages having at least one of said at least two
inflatable objects mounted thereon." Final Act. 3--4; Adv. Act. 2; Ans. 6-7.
Using the same proposed construction for "mounted" to mean "to place in
position" (Adv. Act. 2 (citing dictionary.com)) discussed in Rejection 1
above, the Examiner finds that Watrous discloses "at least two inflatable
objects (multiple pages each with an inflatable article 60), each of said at
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least two pages having at least one of said at least two inflatable objects
mounted thereon." Final Act. 4 (citing Watrous Fig. 4 ); Ans. 6-7.
According to the Examiner, "inflatable objects 60 are indirectly connected to
pages ... 16 through elements 58, 56 and 62 which engage with page 16."
Ans. 7.
Appellant again asserts that Examiner's rejection is erroneous because
the "plain meaning of the term 'mounted"' is "fixedly connected" or
"attached." Br. 17.
As discussed above in Rejection 1, we construe the limitation "each of
said at least two pages having at least one of said at least two inflatable
objects mounted thereon" to mean that at least one inflatable object is
connected to each page so that the inflatable object is displayed on the page.
In light of this construction, Watrous does not disclose "each of said at least
two pages having at least one of said at least two inflatable objects mounted
thereon" as recited in claim 1. Watrous discloses inflatable characters 56 are
"fitted air-tight over the nipple 54," which is part of manifold 24. See, e.g.,
Watrous 3:34--45. Inflatable characters 56 are displayed on manifold 24, not
on page 16. See, e.g., id. at Fig. 4. Watrous' inflatable characters 56 (i.e.,
the inflatable object) are not connected or attached to page 16, and are not
displayed on page 16.
For this reason, Watrous does not disclose every limitation in claim 1,
and the rejection of claim 1 is not sustained. We also do not sustain the
rejection of claims 2, 4--12, and 18-25 which depend from claim 1.
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Re} ection 3: Claim 9
as Unpatentable over Stevenson and Watrous
Claim 9 depends from claim 1. As discussed above, neither
Stevenson nor Watrous discloses "each of said at least two pages having at
least one of said at least two inflatable objects mounted thereon" as recited
in claim 1. Thus, the rejection of claim 9 is not sustained.
DECISION
For the above reasons, the Examiner's rejections of claims 1, 2, 4--12,
and 18-25 are REVERSED.
REVERSED
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