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 .
Election/Restrictions
Applicant states that the figures are all the same device and with different views. The restriction requirement was removed.
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 1-15, 17-20 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.
In claim 1, Applicant includes “…the vertical spine having a plurality of rings for receiving an at least one internal page…”. The above is not a 112 issue for Applicant in itself, as the above choice of words does not positively claim the contents of at least one internal page. (The features of the non-positively claimed element and also therefore not required by Applicant. If Applicant intends to positively claim the contents, then Applicant should use clear, positive language such as comprising and remove the intended use language of “for receiving”). However, Applicant provides later in the claim that does not result in 112 rejections for Applicant: “…wherein the at least one internal page has a front side and a rear side; the front side having a plurality of transparent pockets disposed thereon; wherein each of a plurality of panels is separated by a foldable spine thereby providing separation between each of the plurality of panels; and wherein the at least one internal pages are foldable and expand outwardly to form a linear assembly of the plurality of panels.” As made clear above, Applicant has not positively claimed the intended contents of internal pages. However, Applicant then includes that the pages form the panels. The pages are not required, and Applicant has failed to make clear as to how the panels are formed from a non-required element by Applicant. Claims 2-15, 17-20 is/are rejected as being dependent on the above rejected claim(s). If Applicant would like to correct the above, Applicant may simply 1.) positively claim the pages as provided above, or 2.) Applicant must initially introduce the panels as part of the not required pages, thus keeping Applicant’s non-positive selected language consistent throughout Applicant’s claims.
In order to expedite prosecution for Applicant, the Office notes that Applicant has failed to make Applicant’s claims clear, and that the Office based on Applicant’s amendment has interpretated that the panels are non-positively claimed as Applicant not requires that the panels are formed from the non-positively claimed pages.
Claim Rejections - 35 USC § 102
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, 10-15, 17-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Klein (US 10561215 B1).
The Office notes the significant 112 rejection above. Nevertheless, Klein discloses:
1. A jewelry storage and display device (figs 1-10, including figs 6a, 6b), comprising: a main housing (600); the main housing including a left cover and a right cover attached by a vertical spine (elements shown in fig 6a for example, such as left cover being horizontal top, right cover being horizontal bottom and vertical spine the vertical element between); the vertical spine having a plurality of rings (as in figs 6a, 6b adjacent 603) for receiving an at least one internal page (the Office notes that Applicant has chosen intended use language, and the prior at is capable of performing the above intended use, such as for receiving the above element); wherein the at least one internal page has a front side and a rear side (Applicant has not positively claimed the above element, and the device is capable of performing the above intended use of interacting with such) ; the front side having a plurality of transparent pockets disposed thereon (Applicant has not positively claimed the above element, and the device is capable of performing the above intended use of interacting with such); and a plurality of panels wherein each of a plurality of panels is separated by a foldable spine thereby providing separation between each of the plurality of panels (capable of performing the above intended use, such as providing panels formed from the internal pages; though not required, the Office notes that the prior art discloses panels adjacent 100, such as with 104a, 104b and element adjacent 110b/120b for example in fig 3b); and wherein the at least one internal pages are foldable and expand outwardly to form a linear assembly of the plurality of panels (the Office notes that Applicant has chosen intended use language, and the prior at is capable of performing the above intended use, such as for receiving the above element).
10. The jewelry storage and display device, according to Claim 1, wherein the vertical spine has rigidity, contains a pocket to receive a rigid element, or is made of a different material than the pocket (the Office notes that Applicant has selected the word “or” and the spine provided rigidity to the device as shown in fig 6a for example).
11. The jewelry storage and display device, according to Claim 1, wherein the plurality of rings also function as a security feature as it provides one of the at least one internal pages to be easily detached from the plurality of rings so that if a thief attempts to snatch the jewelry storage and display device, the thief will only get away with the one of the at least one internal page (capable of performing the above intended use).
12. The jewelry storage and display device, according to Claim 1, further comprising a perforation disposed between each of the plurality of panels within the at least one internal page such that one of the plurality of panels break away from one of the at least one internal page (panels (the Office notes that Applicant now requires that the pages form the panels, and therefore the above structure is not required; capable of performing the above intended use).
13. The jewelry storage and display device, according to Claim 1, wherein the at least one internal page includes a padded area containing a recess within to receive a hook when the plurality of panels are folded overtop one another (the Office notes that Applicant has chosen intended use language, and the prior at is capable of performing the above intended use, such as for receiving the above element).
14. The jewelry storage and display device, according to Claim 1, further comprising a loop affixed to a bottom portion of the plurality of panels (the Office notes that Applicant now requires that the pages form the panels, and therefore the above structure is not required; capable of performing the above intended use; nevertheless and though not required, the prior art also discloses col. 4: 50-60).
15. The jewelry storage and display device, according to Claim 1, wherein the at least one internal page is organized in terms of categories of different types of jewelry selected from the group consisting of silver jewelry, gold jewelry, rose-gold jewelry, precious stone jewelry, and costume jewelry to help make a jewelry selection process easier (the Office notes that Applicant has chosen intended use language, and the prior at is capable of performing the above intended use, such as for receiving the above element).
17. The jewelry storage and display device, according to Claim 1, wherein the at least one internal pages are made from paper or plastic (the Office notes that Applicant has chosen intended use language, and the prior at is capable of performing the above intended use, such as for receiving the above element).
18. The jewelry storage and display device, according to Claim 1, wherein the at least one internal pages are in a folded position, the padded area affixed to create a space between each of the plurality of panels that helps to protect jewelry from any damage while secured in the jewelry storage and display device (the Office notes that Applicant has chosen intended use language, and the prior at is capable of performing the above intended use, such as for receiving the above element).
19. The jewelry storage and display device, according to Claim 1, further comprising a plurality of outer flaps of the plurality of transparent pockets are closed to protect a plurality of contents and are secured via a hook and loop material in order to provide added protection to stored jewelry therein to ensure they do not fall out of the jewelry storage and display device (the Office notes that Applicant has chosen intended use language, and the prior at is capable of performing the above intended use, such as for receiving the above element).
20. The jewelry storage and display device, according to Claim 19, wherein the plurality of transparent pockets are secured with a fastener selected from the group consisting of buttons, snaps, or magnets (the Office notes that Applicant has chosen intended use language, and the prior at is capable of performing the above intended use, such as for receiving the above element).
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.
Claim(s) 2-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Klein and further in view of Ellingsen (US 2989023 A).
Klein discloses the claimed invention above with the exception of the following which is disclosed by Ellingsen: wherein an exterior of the left cover and the right cover include a plurality of circular apertures to receive a rigid interior rod that is maintained overtop the left cover and the right cover to cause the left cover and the right cover to be held in an open position (apertures within 7a, 7b, 6a, 6b, 18, 6/9; as in the above, Applicant has not positively claimed the rod; capable of performing the above intended use, such as holding a rod); wherein the rigid interior rod is composed of durable and rigid metal material (capable of performing the above intended use); wherein the rigid interior rod is stored in a sleeve affixed to an interior of the right cover when not in use (capable of performing the above intended use); further comprising a pair of elastic straps affixed to an interior of the left cover and the interior of the right cover to reach around to secure the at least one internal page (11a capable of performing the above intended use); wherein the pair of elastic straps fold away within the left cover and the right cover when the jewelry storage and display device is no longer in use and secured in a case configuration (capable of performing the above intended use, such as when the device folds, the elements when fold along); wherein the pair of elastic straps are secured through the plurality of circular apertures located at a top portion of the rear side of the left cover and the right cover (as in figs 1-5); wherein the plurality of circular apertures are smaller in diameter than the pair of elastic straps so as to frictionally engage the pair of elastic straps and maintain tension (the Office notes that it would have been obvious to one of ordinary skill in the art at the time of the invention to modify the size of the above element in order to permit a more firm and secure attachment). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Klein in view of Ellingsen (by providing the above features to the existing covers) in order to hold the contents firmly in place in order to access such more easily. Furthermore, with respect to the above sizing, it would have been obvious to one of ordinary skill in the art at the time of the invention to modify the size/proportion because it has been held that a change in size proportion on the basis of its suitability for the intended use was an obvious extension of the prior teachings. In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955) In Gardnerv.TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over the Combined Reference as applied to claim 5 above, and further in view of Schwab (4885824).
The Combined Reference discloses the claimed invention above with the exception of the following which is disclosed by Schwab: wherein the pair of elastic straps further contains an adjuster buckle which is slidably moved in either direction thereby adjusting a length of the pair of elastic straps to a desired length in order to maintain the jewelry storage and display device at a certain open configuration (adjacent 45 capable of performing the above intended use). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the Combined Reference in view of Schwab (by providing a buckle to the straps) in order to adjust the length for different sized contents.
Response to Arguments
Applicant's arguments with respect to the claims have been considered, but are moot because in view of the amendment the search has been updated, new prior art has been identified and a new rejection has been made.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Stashick can be reached at (571)272-4561. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW D PERREAULT/Primary Examiner, Art Unit 3735