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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, a pick-and-place slot arranged on another side wall of the shell to intersect with the separation slot of claim 1 and the pick-and-place slot is surrounded by the fifth side wall, the sixth side wall and the seventh side wall of claim 5 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Examiner notes that the drawings do not appear to show the pick-and-place slot arranged on any single side wall, let alone on a side wall which is distinct from the side wall that the separation slot is located on. Examiner requests clarification in the response. Where is the side wall that applicant believes the pick-and-place slot is arranged upon that is distinct from the one side wall that the separation slot is arranged on?
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
Specification
The disclosure is objected to because reference character “122” has been used to designate fifth side wall and sixth side wall.
The disclosure is objected to because reference characters "122" and "123" have all been used to designate sixth side wall.
The specification is objected to because of the following informalities: acronyms exist without being defined at their first instance. Appropriate correction is required. See at least ASB and ABS.
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 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 term “hard” in claim 1 is a relative term which renders the claim indefinite. The term “hard” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The term shell is led to be indefinite by usage of the term hard.
The limitation of claim 5 that “the pick-and-place slot is surrounded by the fifth side wall, the sixth side wall and the seventh side wall” is led to be indefinite. Merriam-Webster dictionary defines “surround” as “to extend around the margin or edge of”. It is unclear if the pick-and-place slot must touch the fifth side wall, sixth side wall, and seventh side wall as indicated by the definition of “surround” provided by Merriam-Webster dictionary or if the fifth side wall, the sixth side wall and the seventh side wall can be either touching or spaced from the pick-and-place slot. In light of the original disclosure and in order to apply art the claim will be interpreted as the latter.
The limitation of claim 8 that “the locking slot and the positioning slot are located on the first mounting convex edge” is led to be indefinite. Claim 8 additionally recites that “the second side wall, the third side wall and the fourth side wall are all provided with first mounting convex edges”, claim 6 requires that “the second side wall, the third side wall and the fourth side wall are all provided with locking slots”, and claim 7 requires that “the second side wall, the third side wall and the fourth side wall are all provided with positioning slots”. It is unclear if claim 8 only requires one of the locking slots and one of the positioning slots to be on one of the positioning slots or if claim 8 requires each locking slot and each positioning slot to be located on respective first mounting convex edges.
The limitation of claim 8 that “the locking buckle and the positioning convex block are located on the second mounting convex edge” is led to be indefinite. Claim 8 additionally recites that “the fifth side wall, the sixth side wall and the seventh side wall are all provided with second mounting convex edges”, claim 6 requires that “the fifth side wall, the sixth side wall and the seventh side wall are all provided with locking buckles”, and claim 7 requires that “the fifth side wall, the sixth side wall and the seventh side wall are all provided with positioning convex block”. It is unclear if claim 8 only requires one of the locking buckles and one of the positioning convex blocks to be located on one of the second mounting convex edges or if claim 8 requires each locking buckle and each positioning convex block to be located on respective second mounting convex edges.
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.
Claim(s) 1, 4, and 10 are is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Behar (US 20110284548).
Claim 1: Behar discloses a portable container storage box comprising a box 1 (hard shell) [P. 0025: more rigid lightweight components such as plastic], a receiving space 4 (storage cavity) arranged in the box 1 (shell) which is capable of being used to place at least two stacked dishes; a separation slot arranged on one side wall of the box 1 (shell) wherein the separation slot connects the receiving space 4 (storage cavity) with outside; and a pick-and-place slot arranged on another side wall of the box 1 (shell) to intersect with the separation slot and connect the receiving space 4 (storage cavity) with outside; wherein the pick-and-place slot is capable of being used for putting the stacked dishes into the receiving space 4 (storage cavity) or for taking the stacked dishes out of the receiving space 4 (storage cavity) (see annotated fig. 1 below).
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Claim 4: Behar discloses wherein the box 1 (shell) further comprises a lower shell 2 and an upper shell 3 (upper cover), wherein the upper shell 3 (upper cover) is arranged on the lower shell 2, the receiving space 4 (storage cavity) is surrounded by the lower shell 2 and the upper shell 3 (upper cover), the pick-and-place slot is located on the upper shell 3 (upper cover), and the separation slot is located on the lower shell 2 (see annotated fig. 1 above).
Claim 10: Behar discloses wherein the box 1 (shell) is made of plastic (see P. 0025).
Claim Rejections - 35 USC § 103
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) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Behar (US 20110284548) as applied to claim 1 above, and further in view of Brantley (US 20190168913).
Claim 2: Behar discloses a top of the shell (see annotated fig. 1 below).
Behar does not disclose at least two fixing holes arranged on top of the shell.
Brantley teaches a container 10 for shoes having a top surface 11 with a protrusion 18 and a bottom surface 12 with cavities 20 (fixing holes), wherein protrusions 18 of a separate container can insert into the cavities 20 (fixing holes) to stack containers 10 (see fig. 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the ground facing surface of the box 1 (shell) to have cavities 20 (fixing) and the opposite surface to have protrusions 18, as taught by Brantley in order to permit stacking of boxes 1 (shells) during transport, display, and shelving which resists shifting of stacked boxes 1 (shells).
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Claim 3: The combination discloses wherein a mounting hole is arranged on bottom of the box 1 (shell) so that users' hand is able to reach in the receiving space 4 (storage cavity) (see annotated fig. 1 above).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Behar (US 20110284548) as applied to claim 1 above, and further in view of Swaney (US 4819795).
Claim 9: Behar discloses the claimed invention except wherein the shell is provided with at least two transversely and/or longitudinally extending reinforcement ribs on inner side wall of the storage cavity.
Swaney teaches a shoe box having a box-shaped housing 10 with ribs 12 (longitudinally extending reinforcement ribs) on inner side walls of a storage cavity (see fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the inner side walls of the receiving space 4 (storage cavity) to have ribs 12 (longitudinally extending reinforcement ribs), as taught by Swaney, in order to strengthen the portable container storage box to better protect held contents.
Claim(s) 5-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Behar (US 20110284548) as applied to claim 4 above, and further in view of Vigue (US 5036980).
Claim 5: Behar discloses wherein the lower shell 2 further comprises a bottom wall, edge of the bottom wall is provided with a first side wall, a second side wall, a third side wall and a fourth side wall in sequence, and the separation slot penetrates the first side wall; and the upper shell 3 (upper cover) comprising a top wall, surrounding edges of the top wall is provided with a fifth side wall, a sixth side wall, and a seventh side wall; the pick-and-place slot is surrounded by the fifth side wall, the sixth side wall and the seventh side wall, wherein the upper shell 3 (upper cover) and lower shell 2 are designed as separate parts which can be connected by a connecting means which may be form-fit connecting means (see first annotated fig. 1 above and P. 0009).
Behar does not disclose wherein the fifth side wall, the sixth side wall and the seventh side wall are respectively buckled and fixed with the second side wall, the third side wall and the fourth side wall one by one.
Vigue teaches a container 10 that has sidewall 14 and a peripheral flange 16 which may extend completely or partially around the circumference of the container 10, wherein the peripheral flange 16 includes a locking system comprising a female locking member 20 and male locking member 30 and lock stabilizer means in the form of mating protrusions 40 and depressions 42, where both the male and female locking members 30, 20 are flanked by one depression 42 and one protrusion 40, wherein to a user grasps and pulls male locking member 30 back through female locking member 20 to unlock mated containers 10 (see fig. 2 and 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided all of the side walls of the upper shell 3 (upper cover) and lower shell 2 with peripheral flanges 16 where the upper shell 3 (upper cover) and lower shell 2 met and to have provided the peripheral flanges 16 at the second side wall with a female locking member 20, at the opposite fourth side wall with a male locking member 30, at the third side wall with a female locking member 20, at the opposite first side wall with a male locking number, at the fifth side wall with a male locking member 30, at the opposite seventh side wall with a female locking member 20, at the sixth sidewall with a male locking member 30, at the opposite another side wall with a female locking member 20, with each male and female locking member 30, 20 flanked by one depression 42 and one protrusion 40, as taught by Vigue, in order to couple the upper shell 3 (upper cover) and lower shell 2 in a manner which does not significantly hinder deliberate opening, but serves to reduce inadvertent opening, while resisting sliding, pulling, and pushing forces between the containers to prevent dislodgement of the locking system.
Claim 6: The combination discloses wherein the second side wall, the seventh side wall, the another side wall and the third side wall are all provided with female locking member 20 (locking slots) on a side away from the bottom wall; the fifth side wall, the fourth side wall, first side wall, and sixth side wall are all provided with male locking member 30 (locking buckles) on a side away from the top wall to respectively buckle with the female locking member 20 (locking slots) on the second side wall, the seventh side wall, the another side wall and the third side wall one by one (see first annotated fig. 1 above and fig. 2 ‘980).
The combination does not disclose the seventh side wall being provided with a locking buckle to buckle with a locking slot on the fourth side wall.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided a male locking member 30 (locking buckle) on the seventh side wall and a female locking member 20 (locking slot) on the fourth side wall, as it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art. In re Einstein, 8 USPQ 167.
Claim 7: The combination discloses wherein the second side wall, the third side wall and the fourth side wall are all provided with depressions 42 (positioning slots) on the side away from the bottom wall; the fifth side wall, the sixth side wall and the seventh side wall are all provided with protrusion 40 (positioning convex block) on the side away from the top wall to insert into the depressions 42 (positioning slots) (see first annotated fig. 1 above and fig. 2 ‘980).
Claim 8: The combination discloses wherein the second side wall, the third side wall and the fourth side wall are all provided with peripheral flanges 16 (first mounting convex edges); the female locking member 20 (locking slots) and the depressions 42 (positioning slots) are located on the peripheral flanges 16 (first mounting convex edges); the fifth side wall, the sixth side wall and the seventh side wall are all provided with peripheral flanges 16 (second mounting convex edges), and the locking member 30 (locking buckles) and the protrusion 40 (positioning convex block) are located on the peripheral flanges 16 (second mounting convex edges).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 5255818, US 5074431, US 4930662, US 3930698, and US D1091176 are considered pertinent to fixing holes, US 20230024964, US D618073, US D112751, US D535193, US 4957206, US 4611718, US 5255818, US 5074431, US 4930662, US 3930698, and US D1091176 are considered pertinent to plate holders, US 20190092529, US 20170101219, DE 10214111154, US 5388506, DE 9408948, US D333051, US 4574981, US 3164298, US 2112960, US D945179, and US 20150327734 are considered pertinent to T-shaped slots.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALLAN D STEVENS whose telephone number is (571)270-7798. The examiner can normally be reached Monday-Friday 12-8 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E. 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.
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/ALLAN D STEVENS/ Primary Examiner, Art Unit 3736