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 Rejections - 35 USC § 102/103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 3-14, 17-19 is/are rejected under 35 U.S.C. 102(a1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Kuo (US 6302120 B1).
Kuo discloses:
1. A device (figs 1-6) comprising:
a dock (10) comprising a plurality of dock platforms (horizontal surfaces of dock) and a dock space defined by the plurality of dock platforms (adjacent 13); and
an encasement (20) comprising an encasement upper platform (top surface), an encasement lower platform (lower surface), an encasement side wall (adjacent 23), at least one compartment configured to hold a product (compartment within 23 capable of performing the above intended use), a connector extending from the encasement upper platform (adjacent 21),
wherein the encasement and the dock are couplable to each other into an assembled form and are uncouplable from each other (capable of performing the above intended use; if there is any question to the above, the Office notes that based on the material the device couple be expanded to accommodate removal; removal is well known to provide cleaning and replacement enhancement; further, it would have been obvious to one of ordinary skill in the art at the time of the invention by removable because it has been held that making part of a device of an invention on the basis of its suitability for the intended use was an obvious extension of the prior teachings. In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961)
wherein in the assembled form (See the 112 rejection above), the at least one compartment is positioned within the dock space and a periphery of the assembled form is defined by the encasement lower platform, the encasement upper platform, the encasement side wall, and outer portions of the plurality of dock platforms (as in fig 6 for example; where compartment is within space at bottom of 20 in fig 6; furthermore, the assembled form may refer to the assembled form in attachment as in fig 6 where a periphery exists with the encasement lower platform, the encasement upper platform, the encasement side wall, and outer portions of the plurality of dock platforms as in fig 6).
With respect to an opening (on the encasement), wherein the connector and opening are complementary to each other, the Office notes that the prior art discloses opening on the dock (such as adjacent 15). It is common to one of ordinary skill in the art at the time of the invention to reverse the location of opening and connector as the same intended purpose of connection is provided. It would have been obvious to one of ordinary skill in the art at the time of the invention to reverse the above parts (so that the opening is on the encasement) because it has been held that that the reversal parts of an invention on the basis of its suitability for the intended use was an obvious extension of the prior teachings. In re Gazda, 219 F.2d 449, 104 USPQ 400 (CCPA 1955).
3. The device of claim 1, wherein in the assembled form, the dock space is bounded on top by the encasement upper platform of the encasement and bounded on bottom by the bottom platform of the dock (as in fig 6 for example when device is assembled together), such that in an assembled form, the compartment of the encasement is not covered by the dock (such as for example shown in fig 6).
4. The device of claim 1, further comprising a cover configured to be couplable to the dock and uncouplable from the dock, the cover comprising an opening complementary to the connector of the encasement such that the opening of the cover is couplable to the connector of the encasement (as in fig 6 where cover is another device).
5. The device of claim 1, wherein the encasement is configured to be disposed and the dock is configured to be reused with a new encasement (capable of performing the above intended use, as in fig 6).
6. The device of claim 5, wherein the dock is made from at least one of: paper, wood, or glass. The above material are well known to provided for desired strength and durability. Further, it would have been obvious to one of ordinary skill in the art at the time of the invention to modify the material because it has been held that selection of a known material on the basis of its suitability for the intended use was an obvious extension of the prior teaching. In re Leshin, 125 USPQ 416.
7. The device of claim 6, wherein the encasement is made from plastic. The above material are well known to provided for desired strength and durability. Further, it would have been obvious to one of ordinary skill in the art at the time of the invention to modify the material because it has been held that selection of a known material on the basis of its suitability for the intended use was an obvious extension of the prior teaching. In re Leshin, 125 USPQ 416.
8. The device of claim 1, wherein the opening of the encasement is one of:
an orifice formed in the encasement lower platform,
an orifice formed by a post inside column extending from the encasement upper platform in a direction opposite from the connector, or
a slide path formed by the encasement lower platform (as already provided in claim 1, further the opening is formed in the lower platform).
9. The device of claim 8, wherein the connector of the encasement is one of:
a column with pegs extending from the column,
a slide latch, or
a hinge column with a hinge pin extending from the hinge column (as already provided in claim 1, further the connector is a slide latch as the device permits sliding in the horizontal direction).
10. The device of claim 1, wherein the assembled form of the dock and the encasement form a first base layer, the device further comprising:
a second base layer comprising:
a second dock comprising a second plurality of dock platforms and a second dock space defined by the second plurality of dock platforms, and
a second encasement comprising a second encasement upper platform, a second encasement lower platform, a second encasement side wall, at least one second compartment configured to hold a product, a second connector extending from the second encasement upper platform, and a second opening, wherein the second opening is configured to couple with the connector of the encasement of the first base layer and the second connector is configured to couple with the opening of the encasement of the first base layer,
wherein the second encasement and the second dock are couplable to and uncouplable from each other,
wherein the first base layer and the second base layer are couplable to each other in an assembled state and are uncouplable from each other by:
coupling and uncoupling the connector of the encasement of the first base layer with the second opening of the second encasement, or
coupling and uncoupling the opening of the encasement of the first base layer with the second connector of the second encasement (the Office notes that the prior art discloses multiple elements such as in fig 4; each device is another layer with the same features already provided above).
11. The device of claim 10, wherein in the assembled state, the first base layer and the second base layer are movable with respect to each other (capable of performing the above intended use, such as by removing one).
12. The device of claim 11, wherein in the assembled state, the first base layer is rotatable or slidable with respect to the second base layer to expose the at least one compartment of the encasement of the first base layer for a user to access the product (the device may move relative to one another and therefor capable of performing the above intended use).
13. The device of claim 11, wherein in the assembled state, the first base layer and the second base layer are rotatable to a first alignment in which the first base layer and the second base layer are in a same orientation,
wherein the first base layer and the second base layer cannot be uncoupled in the first alignment (the device may move relative to one another and therefor capable of performing the above intended use; further capable of not being uncoupled by leaving the elements attached).
14. The device of claim 13, wherein in the assembled state, the first base layer and the second base layer are rotatable to a second alignment in which the first base layer and the second base layer are in different orientations,
wherein the first base layer and the second base layer can be uncoupled in the second alignment (the device may move relative to one another and therefor capable of performing the above intended use).
17. The device of claim 10, wherein the at least one compartment of the encasement and the at least one second compartment of the second encasement have different configurations (the device may move relative to one another and therefor capable of performing the above intended use).
18. The device of claim 1, wherein the assembled form of the dock and the encasement form a first base layer, the device further comprising:
a plurality of additional base layers, each base layer of the plurality of additional base layers comprising:
a respective dock substantially identical to the dock of the first base layer, and a respective encasement substantially identical to the encasement of the first base layer,
wherein each base layer of the plurality of additional base layers is couplable to the first base layer or to any other base layer of the plurality of additional base layers (the Office notes that the prior art discloses multiple elements such as in fig 4; each device is another layer with the same features already provided above).
19. The device of claim 1, wherein the assembled form of the dock and the encasement form a first base layer, the device further comprising: a second base layer comprising: a second dock substantially identical to the dock of the first base layer, and a second encasement substantially identical to the encasement of the first base layer, the second encasement comprising a second connector substantially identical to the connector of the encasement of the first base layer and a second opening substantially identical to the opening of the encasement of first base layer, wherein the first base layer and the second base layer are couplable to each other in an assembled state and are uncouplable from each other by: coupling and uncoupling the connector of the encasement of the first base layer with the second opening of the second encasement, or coupling and uncoupling the opening of the encasement of the first base layer with the second connector of the second encasement (the Office notes that the prior art discloses multiple elements such as in fig 4; each device is another layer with the same features already provided above).
Potentially Allowable Subject Matter
Claim 2 is objected to as being dependent upon a rejected base claim, but would be potentially allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments filed 11/14/2025 have been fully considered but they are not persuasive.
The Office previously provided “With respect to an opening (on the encasement), wherein the connector and opening are complementary to each other, the Office notes that the prior art discloses opening on the dock (such as adjacent 15). It is common to one of ordinary skill in the art at the time of the invention to reverse the location of opening and connector as the same intended purpose of connection is provided. It would have been obvious to one of ordinary skill in the art at the time of the invention to reverse the above parts (so that the opening is on the encasement) because it has been held that that the reversal parts of an invention on the basis of its suitability for the intended use was an obvious extension of the prior teachings. In re Gazda, 219 F.2d 449, 104 USPQ 400 (CCPA 1955).”
Applicant states “This portion of the Office Action argues that an encasement in Kuo (i.e., inner housing 20) would include either a connector or an opening. However, Applicant's original and amended independent claim 1 recite "encasement comprising . . . a connector extending from the encasement upper platform, and an opening, wherein the connector and opening are complementary to each other." (Emphasis added.) Accordingly, Applicant submits that Kuo fails to teach or suggest "encasement comprising . . . a connector extending from the encasement upper platform, and an opening, wherein the connector and opening are complementary to each other," as recited in original and amended independent claim 1.” Applicant did not provide an argument as to the reversal of parts provided above. The rejection is maintained. Nevertheless, the Office notes that it is well known in the art to replace a protrusion connection for an opening connection on opposite elements. The function remains the same.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW D PERREAULT whose telephone number is (571)270-5427. The examiner can normally be reached Monday - Friday 7:00am-5:30pm.
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/ANDREW D PERREAULT/Primary Examiner, Art Unit 3735