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 .
Applicant’s election without traverse of Group I and Group A, and claims 1-10 and 15-17 in the reply filed on 09/25/2025 is acknowledged.
Claims 11-14 and 18-20 have been withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an applications filed in China on 03/13/2020 and 05/08/2020. It is noted, however, that applicant has not filed a certified copies of the foreign applications as required by 37 CFR 1.55.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-10 and 15-17 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The claims are replete with indefinite language too numerous to mention specifically, and should be revised carefully. The phrases “the data storage part and/or the part to-be-packaged in the hollow accommodation …” in claim 1, “configured to be electrically connected to the data storage part” in claim 2, “the data storage part is detachably connected to the part to-be-packaged” in claim 5 define the packaging part in reference to a part to-be-packaged with a data storage part which is undefined and has not been positively claimed rendering the claims vague and indefinite because it is not clear what structural limitations applicant intends to encompass with such language. In claim 5, the phrase “configured to packaging part the data storage part” is incomplete and indefinite because it has no clear meaning. In claim 16, lines 4-5, the phrase “a part to-be-packaged” is a double recitation of line 2.
The applicant is required to make corrections to the claims wherever appropriate in order to clarify same.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 5, 10 and 15-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by The National Intellectual Property Administration of the People’s Republic of China Publication No. CN 207329311 to Shuchun.
As to claim 1, to the extent that the Examiner can determine the scope of the claims, Shuchun discloses a packaging part (10) comprising a hollow accommodation part (11) for accommodating a part to-be-packaged (100; 101; 200) and the part to-be-packaged comprises a data storage part (110, 111), and an operable part (15) with the data storage part and/or the part to-be-packaged in the hollow accommodation is capable of being operated from an outside of the packaging part through the operable part ([0028]-[0034]).
As to claim 5, Shuchun further discloses the data storage part is detachably connected to the part to-be-packaged, and the packaging part further includes a chip packaging part (110, 112) as claimed.
As to claim 10, Shuchun further discloses the packaging part comprises a peelable part (14), the peelable part at least covers the operable part for limiting exposure of the operable part to the outside of the packaging part.
As to claim 15, Shuchun further discloses the packaging part includes an identification part (17; Fig. 6) as claimed.
As to claim 16, Shuchun discloses a packaging assembly (10, 100; 101; 200) comprising the packaging part (10, 11) as above and a part to-be-packaged (100; 101; 200) includes a data storage part (110) as claimed.
As to claim 17, Shuchun further discloses the part to-be-packaged is a consumable cartridge (100; 101; 200) and the data storage part is a consumable chip (111).
Claim(s) 1 and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mena et al. (5,823,352; hereinafter Mena).
As to claim 1, to the extent that the Examiner can determine the scope of the claims, Mena discloses a packaging part (10) comprising a hollow accommodation part (12) for accommodating a part to-be-packaged (36) and the part to-be-packaged comprises a data storage part (Fig. 2), and an operable part (42) with the data storage part and/or the part to-be-packaged in the hollow accommodation is capable of being operated from an outside of the packaging part through the operable part.
As to claim 16, Mena discloses a packaging assembly (10, 36) comprising the packaging part (10, 12) as above and a part to-be-packaged (36) includes a data storage part as claimed.
Claim(s) 1 and 15-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Barker et al. (2002/0189971; hereinafter Barker).
As to claim 1, to the extent that the Examiner can determine the scope of the claims, Barker discloses a packaging part (6) comprising a hollow accommodation part for accommodating a part to-be-packaged (10) and the part to-be-packaged comprises a data storage part (Fig. 2B), and an operable part (16, 20) with the data storage part and/or the part to-be-packaged in the hollow accommodation is capable of being operated from an outside of the packaging part through the operable part.
As to claim 15, Barker further discloses the packaging part includes an identification part (16’; Fig. 2A) as claimed.
As to claim 16, Barker discloses a packaging assembly comprising the packaging part (6) as above and a part to-be-packaged (10) includes a data storage part as claimed.
Claim(s) 1 and 15-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Barassi (2007/0190818).
As to claim 1, to the extent that the Examiner can determine the scope of the claims, Barassi discloses a packaging part (10) comprising a hollow accommodation part (20) for accommodating a part to-be-packaged (30, 31) and the part to-be-packaged comprises a data storage part, and an operable part (21) with the data storage part and/or the part to-be-packaged in the hollow accommodation is capable of being operated from an outside of the packaging part through the operable part.
As to claim 15, Barassi further discloses the packaging part includes an identification part (31) as claimed.
As to claim 16, Barassi discloses a packaging assembly comprising the packaging part (10) as above and a part to-be-packaged (30, 31) includes a data storage part as claimed.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 2-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shuchun or Mena or Barker or Barassi in view of Abrams (2008/0230439).
As to claim 2, Shuchun or Mena or Barker or Barassi discloses the packaging part as above having most of the limitations of the claim except for the operable part includes an electrical contact part configured to be electrically connected to the data storage part. Abrams teaches a packaging part (50) comprising a hollow accommodation part (54) for accommodating a part to-be-packaged and the part to-be-packaged includes a data storage part (Fig. 1), and an operable part (58, 66) includes a communications connection/electrical contact part (74) as claimed. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention in view of Abrams to modify the packaging part of Shuchun or Mena or Barker or Barassi so the packaging part is constructed with the operable part includes an electrical contact part configured to be electrically connected to the data storage part to provide more convenience for a user.
As to claim 3, Abrams further teaches the communications connection/electrical contact part (74) can be one of any communications connections such as a universal serial bus (USB) which is considered equivalent to an intermediate part is capable to electrically connect the electrical contact part with the data storage part.
As to claim 4, the intermediate part of Abrams is capable to be detachably connected to the packaging part or the part to-be-packaged.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shuchun or Mena or Barker or Barassi in view of Araki et al. (6,431,362; hereinafter Araki). Shuchun or Mena or Barker or Barassi discloses the packaging part as above having most of the limitations of the claim except for the packaging part comprises a first packaging part and a second packaging part as claimed. Araki teaches a packaging part (10) comprising a first packaging part (13, 14) configured to accommodate a part to-be-packaged (11) and a second packaging part (12) is capable of being sleeved on an outside of the first packaging part. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention in view of Araki to modify the packaging part of Shuchun or Mena or Barker or Barassi so the packaging part is constructed with a first packaging part and a second packaging part and the first packaging part is configured to accommodate the part to-be-packaged and the second packaging part is capable of being sleeved on an outside of the first packaging part to provide an additional protection for the part to-be-packaged.
Allowable Subject Matter
Claims 6-7 and 9 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LUAN K BUI whose telephone number is (571)272-4552. The examiner can normally be reached Generally M-F, 7-4.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E. Avilés can be reached on 571-270-5531 or orlando.aviles-bosques@uspto.gov. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LUAN K BUI/
Primary Examiner, Art Unit 3736