DETAILED ACTION
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 7/28/20225 has been entered.
In the amended claims of July 28, 2025, Claims 1-18 are pending. Claims 1-4, 7, 10, and 13 are amended.
Specification
The following guidelines illustrate the preferred layout for the specification of a utility application. These guidelines are suggested for the applicant’s use.
Arrangement of the Specification
As provided in 37 CFR 1.77(b), the specification of a utility application should include the following sections in order. Each of the lettered items should appear in upper case, without underlining or bold type, as a section heading. If no text follows the section heading, the phrase “Not Applicable” should follow the section heading:
(a) TITLE OF THE INVENTION.
(b) CROSS-REFERENCE TO RELATED APPLICATIONS.
(c) STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT.
(d) THE NAMES OF THE PARTIES TO A JOINT RESEARCH AGREEMENT.
(e) INCORPORATION-BY-REFERENCE OF MATERIAL SUBMITTED ON A READ-ONLY OPTICAL DISC, AS A TEXT FILE OR AN XML FILE VIA THE PATENT ELECTRONIC SYSTEM.
(f) STATEMENT REGARDING PRIOR DISCLOSURES BY THE INVENTOR OR A JOINT INVENTOR.
(g) BACKGROUND OF THE INVENTION.
(1) Field of the Invention.
(2) Description of Related Art including information disclosed under 37 CFR 1.97 and 1.98.
(h) BRIEF SUMMARY OF THE INVENTION.
(i) BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWING(S).
(j) DETAILED DESCRIPTION OF THE INVENTION.
(k) CLAIM OR CLAIMS (commencing on a separate sheet).
(l) ABSTRACT OF THE DISCLOSURE (commencing on a separate sheet).
(m) SEQUENCE LISTING. (See MPEP § 2422.03 and 37 CFR 1.821 - 1.825). A “Sequence Listing” is required on paper if the application discloses a nucleotide or amino acid sequence as defined in 37 CFR 1.821(a) and if the required “Sequence Listing” is not submitted as an electronic document either on read-only optical disc or as a text file via the patent electronic system.
Content of Specification
(a) TITLE OF THE INVENTION: See 37 CFR 1.72(a) and MPEP § 606. The title of the invention should be placed at the top of the first page of the specification unless the title is provided in an application data sheet. The title of the invention should be brief but technically accurate and descriptive, preferably from two to seven words. It may not contain more than 500 characters.
(b) CROSS-REFERENCES TO RELATED APPLICATIONS: See 37 CFR 1.78 and MPEP § 211 et seq.
(c) STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT: See MPEP § 310.
(d) THE NAMES OF THE PARTIES TO A JOINT RESEARCH AGREEMENT. See 37 CFR 1.71(g).
(e) INCORPORATION-BY-REFERENCE OF MATERIAL SUBMITTED ON A READ-ONLY OPTICAL DISC, AS A TEXT FILE OR AN XML FILE VIA THE PATENT ELECTRONIC SYSTEM: The specification is required to include an incorporation-by-reference of electronic documents that are to become part of the permanent United States Patent and Trademark Office records in the file of a patent application. See 37 CFR 1.77(b)(5) and MPEP § 608.05. See also the Legal Framework for Patent Electronic System posted on the USPTO website (https://www.uspto.gov/sites/default/files/documents/2019LegalFrameworkPES.pdf) and MPEP § 502.05
(f) STATEMENT REGARDING PRIOR DISCLOSURES BY THE INVENTOR OR A JOINT INVENTOR. See 35 U.S.C. 102(b) and 37 CFR 1.77.
(g) BACKGROUND OF THE INVENTION: See MPEP § 608.01(c). The specification should set forth the Background of the Invention in two parts:
(1) Field of the Invention: A statement of the field of art to which the invention pertains. This statement may include a paraphrasing of the applicable U.S. patent classification definitions of the subject matter of the claimed invention. This item may also be titled “Technical Field.”
(2) Description of the Related Art including information disclosed under 37 CFR 1.97 and 37 CFR 1.98: A description of the related art known to the applicant and including, if applicable, references to specific related art and problems involved in the prior art which are solved by the applicant’s invention. This item may also be titled “Background Art.”
(h) BRIEF SUMMARY OF THE INVENTION: See MPEP § 608.01(d). A brief summary or general statement of the invention as set forth in 37 CFR 1.73. The summary is separate and distinct from the abstract and is directed toward the invention rather than the disclosure as a whole. The summary may point out the advantages of the invention or how it solves problems previously existent in the prior art (and preferably indicated in the Background of the Invention). In chemical cases it should point out in general terms the utility of the invention. If possible, the nature and gist of the invention or the inventive concept should be set forth. Objects of the invention should be treated briefly and only to the extent that they contribute to an understanding of the invention.
(i) BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWING(S): See MPEP § 608.01(f). A reference to and brief description of the drawing(s) as set forth in 37 CFR 1.74.
(j) DETAILED DESCRIPTION OF THE INVENTION: See MPEP § 608.01(g). A description of the preferred embodiment(s) of the invention as required in 37 CFR 1.71. The description should be as short and specific as is necessary to describe the invention adequately and accurately. Where elements or groups of elements, compounds, and processes, which are conventional and generally widely known in the field of the invention described, and their exact nature or type is not necessary for an understanding and use of the invention by a person skilled in the art, they should not be described in detail. However, where particularly complicated subject matter is involved or where the elements, compounds, or processes may not be commonly or widely known in the field, the specification should refer to another patent or readily available publication which adequately describes the subject matter.
(k) CLAIM OR CLAIMS: See 37 CFR 1.75 and MPEP § 608.01(m). The claim or claims must commence on a separate sheet or electronic page (37 CFR 1.52(b)(3)). Where a claim sets forth a plurality of elements or steps, each element or step of the claim should be separated by a line indentation. There may be plural indentations to further segregate subcombinations or related steps. See 37 CFR 1.75 and MPEP 608.01(i) - (p).
(l) ABSTRACT OF THE DISCLOSURE: See 37 CFR 1.72 (b) and MPEP § 608.01(b). The abstract is a brief narrative of the disclosure as a whole, as concise as the disclosure permits, in a single paragraph preferably not exceeding 150 words, commencing on a separate sheet following the claims. In an international application which has entered the national stage (37 CFR 1.491(b)), the applicant need not submit an abstract commencing on a separate sheet if an abstract was published with the international application under PCT Article 21. The abstract that appears on the cover page of the pamphlet published by the International Bureau (IB) of the World Intellectual Property Organization (WIPO) is the abstract that will be used by the USPTO. See MPEP § 1893.03(e).
(m) SEQUENCE LISTING: See 37 CFR 1.821 - 1.825 and MPEP §§ 2421 - 2431. The requirement for a sequence listing applies to all sequences disclosed in a given application, whether the sequences are claimed or not. See MPEP § 2422.01.
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because the language is non-sensical and confusing and does not properly identify the features of the invention. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b). The abstract is reprinted below.
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The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: “Stacking Container System with an Automatic Locking Feature and having a Disengagement Function”
The disclosure is objected to under 37 CFR 1.71, as being so incomprehensible as to preclude a reasonable search of the prior art by the examiner. For example, the following items are not understood: Please note the following paragraphs taken from the Amended Specification of July 28, 2025.
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Please note that in Paragraphs 0012 and 0013 above, no “locking clasp” or “stop clasp” are identified in the remainder of the Disclosure.
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The general meaning of Paragraph 20 is not understood. Particularly, the final sentences appear grammatically confused.
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The presence of “convex shafts” in Paragraph 0031 is never discussed or identified elsewhere in the specification.
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The meaning of Paragraphs 0036-0037 is unclear and ungrammatical.
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Paragraph 0068 is unclear and ungrammatical. It is believed that the intention of paragraph is to identify a storage box having a first connection part (1), a second connection part (2) and a stopping part (3). The first and second connection parts (1 and 2) allow ANOTHER STORAGE BOX to be automatically locked vertically above or below the storage box. The stopping part (3) prevents the automatic engagement between the first and second connection parts.
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In paragraph 0077 reprinted above, a number of issues are present. Firstly the term “to lock two storage boxes up and down” appears to indicate that two storage boxes are intended to be locked vertically together.
The phrase “press down the upper storage box may be forced downward to make it contact with the locking buckle 122…” is ungrammatical.
The terms “upper and lower locker” appear to refer the “storage boxes” but may also refer to the other terms such as “locking buckle”
Furthermore, “the matching part 21” has the same reference number as the “mating part 21”.
It is believed that a storage box may be locked to another storage box by pressing downwardly on the upper storage box when positioned over a lower storage box. This would then force the projection (42) of the upper storage box into the positioning slot (41) of the lower storage box. The projection (42) includes a mating part (21) comprising slots. The locking buckle (122) of the lower storage box would be initially pushed horizontally outward by the upper storage box sliding against the beveled surface (122a) of the locking buckle, thereby compressing the first resilient member (13) against the mounting body (112) of the locking part. However, once fully seated within the mounting slot (41), the first resilient member (13) then pushes the locking body (121) into mating engagement with the slots of the upper storage box, thereby automatically locking the two storage containers together.
However, it is not understood how the stopping part (3) is compressed in the holding slot 31 by the downward connection part (2) as recited in Paragraph 0077.
A comparison between Figure 1 and Figure 3 does not appear to show the relative positioning of the card bock (32) as part of the stopping part (3). Notably, Figures 1 and 3 do not identify IN WHICH STATE the stopping part is in as shown. Figure 3 is discussed to show the “holding unlocked state.”
It is believed that the stopping part (3) functions as the automatic-locking disengagement feature. By pulling the locking part (12) outward, the card block (32) is urged upwardly by the second resilient member (33). This somehow keeps the locking body 121 in an extended outward position as shown in Figure 3 wherein the auto-locking feature is disengaged. As the locking part is horizontally slid outward, the card block (32) is impinged against the recessed part (22) of the upper storage container. The stopping part (3) thereby prevents engagement between the locking buckle (122) and the mating slots (211) of the automatic locking feature.
However, Paragraph 0078 includes unclear language and does not identify in which state the locking or unlocking takes place. The last sentence recites “When the upper and lower two lockers separated, the card block 32 in the second resilient member 33 under the action of the extension state, the locking part 12 in the first resilient member 13 driven automatically reset in the locked state, ready for the next lock.”
This passage is not understood, including terms such as “extension state”. Also, how is the locking part (12) in the first resilient member? Furthermore, it is unclear how lifting the upper storage box can be “easily unlocked” as there would be no locking function in the hold-unlocked state. In short, the entirety of Paragraph 0078 is unclear, as the states and position of the locking part is unclear.
Furthermore, the re-engagement function of the connection structure of Paragraphs 0080-0081 is also not understood. Furthermore, it is not clear how the card block is accessible to be pressed downward in Paragraph 0081.
The Examiner cannot be expected to review the entirety of the Specification identifying each and every deficiency. Applicant MUST submit an entirety new Specification that clearly identifies how the invention functions in every embodiment using clear, plain language.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because of the following issues: Reference character “21” has been used to designate both “a mating part” and “a matching part” in Paragraph 0077. Similarly, the term “matching part” is designated with reference number “21” in Paragraph 0077 and “1021” in Paragraph 00101.
Similarly, the “stopper” is designated with reference number “123” in Paragraph 0084 and is designated with reference number “3000” in Paragraph 0090.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-18 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
As discussed above, the subject matter relating to the function of the connection part, stopper(s), locking part, and other features are not enabled. In particular, how the stopper and/or the card block functions to maintain the locking parts disengaged or the auto-lock feature disengaged should be specified.
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 1-18 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.
As discussed above, the claims and subject matter of the invention is not enabled. Furthermore, the inexact language makes the claims indefinite.
The claims are generally narrative and indefinite, failing to conform with current U.S. practice. They appear to be a literal translation into English from a foreign document and are replete with grammatical and idiomatic errors.
The claims are narrative in form and replete with indefinite language. The structure which goes to make up the device must be clearly and positively specified. The structure must be organized and correlated in such a manner as to present a complete operative device. The claim(s) must be in one sentence form only. Note the format of the claims in the patent(s) cited.
The following is a DRAFT SUGGESTED SAMPLE claim which attempts to more clearly identify the components of the invention.
Claims 1-18 (canceled)
Claim 19 (Examiner’s Proposed revision): A storage box configured to lock into engagement with a second storage box; said storage box comprising:
a first connection part (1000) and a second connection part (2000);
said first connection part (1000) comprising a locking part (1012) comprising a locking buckle (1122) having protrusions, said locking part (1012) configured to engage with a second connection part (2000) of the second storage box, said second connection part (2000) having a mating part (1021) with slots (1211) configured to receive the protrusions;
said locking part (1012) is biased by at least one first elastic member (1013) towards an automatically locked state wherein the first connection part (1000) of the storage box mates with the second connection part (2000) of the second storage box;
said first connection part (1000) further comprising a stopper (3000) comprising a card block (1036); wherein
the stopper (3000) and card block (1036) are configured to selectively prevent the automatic locking of the first (1000) and second (2000) connection parts and maintain the storage box and the second storage box in a stacked but unlocked configuration.
For the purposes of examination, it will be assumed that Claim 1 is generally drawn to the embodiment of Figures 15-26 and will be interpreted largely as set forth above.
Significant re-drafting of all claims should be considered.
Claim Rejections - 35 USC § 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.
Claims 1-18 are rejected under 35 U.S.C. 103 as being unpatentable over Cai (US 11155382).
Regarding Claim 1, Cai discloses a storage box (7a) configured to lock into engagement with a second storage box (7b) said storage box comprising a first connection part (22) and a second connection part (1). The first connection part (22) comprises a locking part comprising a locking buckle (3) having protrusions, said locking part (22) configured to engage with a second connection part (11) of the second storage box, said second connection part having a mating part with slots (12) configured to receive the protrusions. Cai discloses the locking part (22) is biased by at least one first elastic member (5) towards an automatic locked state wherein the first connection part of the storage box mates with the second connection part of the second storage box. Cai discloses the first connection part further comprising a stopper (4) comprising a card block (41); wherein the stopper and card block are configured to selectively prevent the automatic locking of the first and second connection parts and maintain the storage box and the second storage box in a stacked but unlocked configuration (Col. 4 Lines 25-65). Please also note that the stopper rotates around pivot (221) inserted through through-hole 411 and is biased by spring 43.
Regarding Claims 2-18, these limitations are generally seen in Cai or would be an obvious variation of the components in Cai.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GIDEON R. WEINERTH whose telephone number is (571)270-5121. The examiner can normally be reached Monday-Friday 10AM-6PM EST.
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, Orlando Aviles can be reached at (571) 270-5531. 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.
/GIDEON R WEINERTH/Examiner, Art Unit 3736