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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 02/10/2026 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.
(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) 21, 24-25, 28-29, 32, 35, 38 and 44-48 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stich by Stich, which in the figures below discloses the following claimed invention:
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In re claim 21: A container A, comprising: an insert compartment B comprising a first surface C and one or more first sidewalls D configured to extend out from the first surface C and define a first opening E opposite the first surface C; a panel F having a size and shape configured to substantially match a size and shape of the first surface C; at least one attachment mechanism G configured to detachably couple the panel F to the one or more first sidewalls D of the insert compartment B, opposite the first surface C, so as to form an enclosed storage space H therebetween; and one or more second sidewalls I extending away from the insert compartment B and forming an open storage space J opposite the enclosed storage space H, wherein a height of the one or more first sidewalls D is configured to house a decorative insert within the insert compartment B, and each of the one or more first sidewalls D, the first surface C, and the panel F is a solid surface made of a substantially clear material, such that, when coupled together, the insert compartment B and the panel F are configured to form the enclosed storage space for visibly displaying and housing the decorative insert therein, wherein a height of the one or more second sidewalls I is configured to be greater than the height of the one or more first sidewalls D of the insert compartment D, such that the open storage
space J is larger than the enclosed storage space H, and wherein the at least one attachment mechanism G comprises: a first plurality of magnets G disposed in the one or more first sidewalls D around the first opening E, and a second plurality of magnets G
correspondingly disposed around a perimeter of the panel F so that the panel F covers the first opening E when magnetically attached to the insert compartment B (See figure above) (See figure above).
In re claim 24: the panel F and the first surface C are substantially flat surfaces and are disposed substantially parallel to each other upon attaching the panel F to the insert compartment B (See figure above).
In re claim 25: each of the panel F and the first surface C has a substantially similar rectangular square shape (See figure above).
In re claim 28: the substantially clear material is an acrylic material (See figure above).
In re claim 29: A container A, comprising: an insert compartment B comprising a base C, and one or more first sidewalls D configured to extend from the base C and define an open top E opposite the base C; a display surface F having a size and shape configured to substantially match a size and shape of the open top E; at least one attachment mechanism G configured to detachably couple the display surface F to the one or more first sidewalls D of the insert compartment B opposite the base C, so as to form an enclosed storage space H therebetween; and one or more second sidewalls I extending away from the insert compartment B and forming an open storage space J opposite the enclosed storage space H, wherein a height of the one or more first sidewalls D is configured to house a decorative insert within the insert compartment B, and each of the one or more first sidewalls D, the base C, and the display surface F is a solid surface made of a substantially clear material, such that, when coupled together, the insert compartment B and the display surface F are configured to form the enclosed storage space H for visibly displaying and housing the decorative insert therein, wherein a height of the one or more second sidewalls I is configured to be greater than the height of the one or more first sidewalls D of the insert compartment B, such that the open storage space J is larger than the enclosed storage space H, and wherein the at least one attachment mechanism G comprises: a first plurality of magnets G disposed in the one or more first sidewalls D around the open top E, and a second plurality of magnets G correspondingly disposed around a perimeter of the display surface F so that the display surface F covers the open top E when magnetically attached to the insert compartment B (See figure above).
In re claim 32: each of the base C and the display surface F has a substantially similar rectangular square shape (See figure above).
In re claim 35: A container A, comprising: an insert compartment B comprising a display surface C and one or more first sidewalls D configured to extend down from the display surface C and define an open bottom E opposite the display surface C; a bottom panel F having a size and shape configured to substantially match a size and shape of the open bottom E; at least one attachment mechanism G configured to detachably couple the bottom panel F to the one or more first sidewalls D of the insert compartment B opposite the display surface C, so as to form an enclosed storage space H therebetween; and one or more second sidewalls D extending away from the insert compartment B and forming a second storage space J opposite the enclosed storage space H, wherein a height of the one or more first sidewalls D is configured to house a decorative insert within the insert compartment B, and each of the one or more first sidewalls D, the display surface C, and the bottom panel F is a solid surface made of a substantially clear material, such that, when coupled together, the insert compartment B and the bottom panel F are configured to form the enclosed storage space H for visibly displaying and housing the decorative insert therein, wherein a height of the one or more second sidewalls I is configured to be greater than the height of the one or more first sidewalls D of the insert compartment B, such that the second storage space J is larger than the enclosed storage space H, and wherein the at least one attachment mechanism G comprises: a first plurality of magnets G disposed in the one or more first sidewalls D around the open bottom E, and a second plurality of magnets G correspondingly disposed around a perimeter of the bottom panel F so that the bottom panel F covers the open bottom E when magnetically attached to the insert compartment B (See figure above).
In re claim 38: each of the bottom panel F and the display surface C has a substantially similar rectangular square shape (See figure above).
In re claim 44: the base C and the display surface F are substantially flat surfaces and are disposed substantially parallel to each other upon attaching the display surface F to the insert compartment B (See figure above).
In re claim 45: the bottom panel C and the display surface F are substantially flat surfaces and are disposed substantially parallel to each other upon attaching the bottom panel F to the insert compartment B.
In re claim 46: the one or more second sidewalls I are attached to the panel F, such that the open storage space J is defined by the panel F and the one or more second sidewalls I (See figure above).
In re claim 47: the one or more second sidewalls I are attached to the display surface F, such that the open storage space J is defined by the display surface F and the one or more second sidewalls I (See figure above).
In re claim 48: the one or more second sidewalls I are attached to the bottom panel F, such that the open storage space J is defined by the bottom panel F and the one or more second sidewalls I (See figure above).
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) 26, 33, 39 and 49-51 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stich by Stich. Stich by Stich discloses the claimed invention as discussed above with the exception of the following claimed limitations:
In re claim 26: each of the panel and the first surface has a substantially similar rounded shape.
In re claim 33: each of the base and the display surface has a substantially similar rounded shape.
In re claim 39: each of the bottom panel and the display surface has a substantially similar rounded shape.
To modify Stich by Stich with a round shape as claimed would entail a mere change in shape of the container and yield only predictable results. "[I]f a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond that person's skill." KSR Int 'l v. Teleflex Inc., 127 S.Ct. 1740, 82 USPQ2d 1396 (2007). A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47.
In re claim 49: the height of the one or more second sidewalls is configured to be twice the height of the one or more first sidewalls.
In re claim 50: the height of the one or more second sidewalls is configured to be twice the height of the one or more first sidewalls.
In re claim 51: the height of the one or more second sidewalls is configured to be twice the height of the one or more first sidewalls.
To modify container the of Stich by Stich into the claimed side wall heights would entail a mere change in size of the components and yield only predictable results. "[I]f a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond that person's skill." KSR Int 'l v. Teleflex Inc., 127 S.Ct. 1740, 82 USPQ2d 1396 (2007). A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See the attached PTO-892 for prior art the discloses, teaches and suggests the structural limitations of the claimed and disclosed invention. For example. Pennylinn.com disclosed the claimed invention, as shown below, before October 24,2020.
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERNESTO A GRANO whose telephone number is (571)270-3927. The examiner can normally be reached M-F 7:00-3:30 EST.
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/ERNESTO A GRANO/ Primary Examiner, Art Unit 3735