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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 September 5, 2025 has been entered.
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.
Claims 1-8, 10-18 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cronin et al. (U.S. 2012/0193353). Cronin et al. teaches a storage case assembly 100 comprising a first member 102 comprising at least one male hinge member 320, 323, 325 and at least one female hinge member 322 (figures 14-16), a second member 104 comprising at least one male hinge member 320, 325 and at least one female hinge member 322 (figures 14-16), and at least one latch member 110 that connects the first member and the second member (figure 1), wherein the at least one male hinge member 320, 323 of the first member and the at least one male hinge member 320, 325 of the second member each is disposed concentrically within the respective female hinge member such that each male hinge member acts as a hinge axis for the respective female hinge member (elements 323, 325 of the male hinge members are received concentrically within the female hinge member 322), and the first member and the second member are identical (paragraph [0049]; figure 1).
Regarding claim 2, the first member and the second member comprise a polymer material (paragraph [0093]).
Regarding claim 3, the at least one male hinge member 320 of the first member 102 engages with the at least one female hinge member 322 of the second member 104, and the at least one male hinge member 320 of the second member 104 engages with the at least one female hinge member 320 of the first member 102 (figures 2 and 4).
Regarding claim 4, the at least one latch member 110 comprises at least one latch member that is integral to the first member and at least one latch member 110 that is integral to the second member (figure 3).
Regarding claim 5, the at least one latch member 110 comprises a locked configuration (figure 11) and an unlocked configuration (figure 3).
Regarding claim 6, to move from the unlocked configuration to the locked configuration, the at least one latch member deflects toward a center of the storage case assembly to engage at least one corresponding feature (figure 3 to figure 11).
Regarding claim 7, the at least one corresponding feature comprises an edge of one of the first member or the second member (figure 9).
Regarding claim 8, the at least one latch member 110 pivots relative to at least one selected from the group of the first member or the second member (figures 3 and 11).
Regarding claim 10, each cylindrical portion 350, fits within a cavity of a corresponding female hinge member 322, and is approximately concentric with a rotation axis between the first member and the second member.
Regarding claim 11, Cronin et al. teaches a storage case assembly 100 comprising a first member 102 comprising at least one male hinge member 320, 323 and at least one female hinge member 322, a second member 104 comprising at least one male hinge member 320, 325 and at least one female hinge member 322, and at least one latch member 110 that connects the first member and the second member (figure 3), wherein the at least one male hinge member 320, 323 of the first member 102 engages with the at least one female hinge member 322 of the second member 104, and the at least one male hinge member 320, 325 of the second member 104 engages with the at least one female hinge member 322 of the first member 102 (figures 2 and 4), and the at least one male hinge member 320, 323 of the first member and the at least one male hinge member 320, 325 of the second member each is disposed concentrically within the respective female hinge member (elements 323, 325 of the male hinge members are received concentrically within the female hinge member 322) such that each male hinge member acts as a hinge axis for the respective female hinge member.
Regarding claim 12, the first member 102 and the second member 104 comprise a polymer material (paragraph [0093]).
Regarding claim 13, the first member and the second member are identical (figure 3).
Regarding claim 14, the at least one latch member 110 comprises at least one latch member that is integral to the first member and at least one latch member 110 that is integral to the second member (figure 3).
Regarding claim 15, the at least one latch member 110 comprises a locked configuration (figure 11) and an unlocked configuration (figure 3).
Regarding claim 16, to move from the unlocked configuration (figure 3) to the locked configuration (figure 11), the at least one latch member deflects toward a center of the storage case assembly to engage at least one corresponding feature (figure 9).
Regarding claim 17, the at least one corresponding feature comprises an edge of one of the first member or the second member (figure 9).
Regarding claim 18, the at least one latch member 110 pivots relative to at least one selected from the group of the first member or the second member (from figure 3 to figure 11).
Regarding claim 20, each cylindrical portion 350, fits within a cavity of a corresponding female hinge member 322, and is approximately concentric with a rotation axis between the first member and the second member.
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.
Claims 9 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Cronin et al. (U.S. 2012/0193353) in view of Burns (U.S. 9,884,702). Cronin et al. discloses the claimed invention except for the strap lugs. Burns teaches that it is known to provide a case with strap lugs (see element 320A). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the container of Cronin et al. with the strap lugs, as taught by Burns, in order to secure the contents of the container.
Response to Arguments
Applicant's arguments filed September 5, 2025 have been fully considered but they are not persuasive. Applicant argues that the Cronin et al. does not teach each male hinge member is disposed concentrically within the respective female hinge member. The examiner disagrees with this position. It is the examiner’s position that the male hinge member is comprised of element 320 and 323 or 320 and 325. The hinge pins 323, 325 are a component of the male hinge member. These hinge pine 323, 325 are received within the female hinge members. The hinge pins 323, 325, when received within the female hinge members, are located concentrically within the female hinge members.
Conclusion
THIS ACTION IS MADE NON-FINAL.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NIKI MARINA ELOSHWAY whose telephone number is (571)272-4538. The examiner can normally be reached Monday through Friday 7: 00 a.m. to 3:00 p.m..
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/NIKI M ELOSHWAY/Examiner, Art Unit 3736