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 .
Withdrawal of Allowability
The indicated allowability of claim 23 is withdrawn in view of the newly applied interpretation to the limitation of “the two or more protuberances formed in the sidewall of the housing provide a graspable surface for a user to hold the strap container when turning the handle in the deployed position”. Applicant’s request for reconsideration of the finality of the rejection of the last Office action is persuasive and, therefore, the finality of that action is withdrawn. While the claim was previously deemed to contain allowable subject matter, upon further review, a reinterpretation of the claim can be understood. In this instance, the claim requires two protuberances to provide a graspable surface for the user to hold on to while handling the strap container. The provided claim language may be understood as a description as a handle protruding from a side of the device such as shown by the handle 29 of Russo (US 11,130,653 B1).
Response to Amendment
Amendments to the claims received on August 3rd, 2026 have been entered. Claims 1, 9, 10, 17, and 19 have been amended, claims 28-31 have been added, and claims 2 and 21-23 have been canceled.
Response to Arguments
Applicant’s arguments with respect to claims 1, 6, 8-10, 17, 21-27 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant argues, regarding 6, that the Office Action has improperly characterized “hinge 17” and has failed to include the limitation of a serrated plane. The Office Action has been updated below to properly map the limitations as well as include the limitation of the serrated plane. In this instance, the intended mapping points to the sides of openings 42 and 43 of the storage area 32 of Russo (US 11,130,653 B1) which further depicts serrations on the side walls of the storage area 32 in figure 19.
Applicant argues, regarding 9, that the device of Russo does not disclose the front and back substantially aligning when closed to form the sidewall of the housing. However, it should be noted that figures 5-6 and Col. 3, Ln. 32-40, describes a top 12 and bottom 14 corresponding to front and back cover segments which further have first and second ends 16, 18 which corresponds to perimeter walls which substantially align to form the side walls of the housing. In terms of alignment, there are no constraints that properly define what an alignment entails other than it forms a side wall. In this instance, the first and second ends 16, 18 are aligned in some form to depict the side walls.
Applicant argues, regarding claim 26, applicant argues that Russo fails to disclose a clip that allows for the strap container to be clipped to the strap. The Office Action has been updated to incorporate the teachings of Melvin (US 8,882,016 B1). In this instance, Melvin teaches a clip 65 disposed on a back cover of the winding storage housing. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have incorporated a clip for ease of storage of both the system as well as the wound web.
Applicant argues, regarding claim 27, that Russo fails to discloses a base wall of the housing is substantially circular in shape and the sidewall forms a circumference of the housing. It should be noted that one skilled in the art understands the phrase “substantially circular” as referring to something that is largely or mostly shaped like a circle or involves circular reasoning (emphasis added). In the instance of Russo, the projection of the bottom 14 comprises a “substantially circular” shape as the curved indent, seen clearly in figure 7, allows for the storage area 32 to move in a “circular” fashion, hence, a “substantially circular” shape is provided to allow clearance of the storage area 32 for rotation.
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, 6, 8-10, 17, 24-25, 27, 29, and 31 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Russo (US 11,130,653 B1).
Regarding claims 1 and 10, Russo discloses a strap container configured to removably store a strap, the strap container (Col. 1, Ln. 42-47) comprising a housing defining (Col. 3, Ln. 4-7 & Fig. 1, case 10) a compartment configured to store at least an end of the strap (Col. 3, Ln. 7-11 & Fig. 1 storage area 32), the housing having a sidewall (Col. 3, Ln. 32-34 & Fig. 1, second end 18) in which two or more outwardly extending protuberances (Fig. 1 depicting notch 13 formed between two walls corresponding to outward protuberances of second end 18) and one or more slots configured to allow the strap to pass through (Col. 4, Ln. 46-48 & Fig. 16, strap opening 27), a winding assembly rotatably coupled to and extending through an aperture in a base wall of the housing, said base wall being perpendicular to the sidewall (Fig. 14, winding arm 34, lip 47, hinge 48, case 10, second end 18), the winding assembly including a strap coupling mechanism configured to removably secure the end of the strap within the compartment (Fig. 2, winder 34), a handle exterior to the compartment, the handle including a protrusion (Fig. 1, winding arm 34), wherein the handle is operable to switch between a deployed position (deployed position depicted in Fig. 8) and a stowed position (stowed position depicted in Fig. 6 and in Col. 4, Ln. 51-52), wherein in the deployed position the winding assembly can be wound to retract the strap or unwound to deploy the strap (Col. 3, Ln. 20-27 & Col. 6, Claims 6 & 7), and in the stowed position the protrusion of the handle is configured to reside between two protuberances of the two or more protuberances of the side wall of the housing (Fig. 6 depicts winding arm 34 located between two protuberances extending from the sides of second end 18), such that rotation of the winding assembly is prevented by the protuberances (Col. 4, Ln. 31-38 & 51-52) protuberances, and wherein the two or more protuberances formed in the sidewall of the housing provide a graspable surface for a user to hold the strap container when turning the handle in the deployed position (Fig. 1 & Col. 3, Ln. 48-52, handle 29 corresponding as protuberances as it provides two protrusions extending from a side wall and further having a cavity).
Regarding claim 6, Russo discloses wherein the winding assembly further comprises a base, the strap coupling mechanism extending from an interior wall of the base (Fig. 11, bottom 14, storage area 32) wherein the strap coupling mechanism comprises at least two securing planes (Col. 4, Ln. 51-52 & Fig. 17, 18, and 26 depicting openings 42, 43 having openings with two planes) wherein at least one edge of at least one securing plane of the at least two securing planes is serrated (serration depicted on the side walls of the storage area 32 in Fig. 19).
Regarding claim 8, Russo discloses wherein the housing further comprises a fastener coupled to a wall of a back cover segment of the housing, wherein the wall of the back cover segment is parallel to the base wall of the housing (Fig. 11, swivel rod 46 acting as a fastener for storage area 32).
Regarding claim 9, Russo discloses wherein the housing comprises a front cover segment and a back cover segment (Figs. 5-6 & Col. 3, Ln. 32-40, top 12 and bottom 14 corresponding to front and back cover segments), each cover segment having a perimeter wall, wherein each perimeter wall of each of the front and back cover segments includes two or more protuberances that extend outwardly from the perimeter wall, such that when the front cover segment is coupled to the back cover segment (Figs. 3-4 & Col. 3, Ln. 32-40, first and second ends 16, 18 corresponding to perimeter walls), their respective perimeter walls substantially align to form the sidewall of the housing and the respective protuberances of the front and back cover segments also substantially align (best depicted in Fig. 7).
Regarding claim 17, Russo discloses a method for removably storing a strap (Col. 1, Ln. 42-47), the method comprising passing an end of the strap through a first gap in a strap coupling mechanism configured to removably secure at least the end of the strap within a first cover segment, the first cover segment having a first slit (Col. 3, Ln. 17-40), wrapping the strap around the strap coupling mechanism (Col. 4, Ln. 31-38), passing the strap through a second gap in the strap coupling mechanism (Col. 4, Ln. 39-43),passing the strap through the first slit (Col. 4, Ln. 46-50), fastening a second cover segment to the first cover segment to form a housing for storing at least the end of the strap (Fig. 3, top 12), the housing including a sidewall in which two or more outwardly extending protuberances are formed, the first slit being disposed on the sidewall (Fig. 1 & 16 depicting opening 27formed between two walls corresponding to outward protuberances of second end 18), winding a handle of a winding assembly that is coupled to the strap coupling mechanism to retract the strap into the housing, the handle having a protrusion (Col. 4, Ln. 14-30), protrusion, wherein the two or more protuberances formed in the sidewall of the housing provide a graspable surface for a user to hold the housing when winding the handle in a deployed position (Fig. 1 & Col. 3, Ln. 48-52, handle 29 corresponding as protuberances as it provides two protrusions extending from a side wall and further having a cavity), and preventing deployment or retraction of the strap from the housing by placing the protrusion of the handle in a stowed position between the two or more protuberances of the housing, such that rotation of the winding assembly is prevented by the protuberances (stowed position depicted in Fig. 6 and in Col. 4, Ln. 31-38 & 51-52).
Regarding claims 21 and 27, Russo discloses wherein the base wall of the housing is substantially circular in shape and the sidewall forms a circumference of the housing (Fig. 4 depicting a circular shaped portion of the second end 18).
Regarding claims 24 and 25, Russo discloses wherein when in the stowed position, the protrusion of the handle of the winding assembly engages an exterior of the sidewall, and is exterior to the housing when disposed between the protuberances formed in the sidewall (stowed position depicted in Fig. 6 and in Col. 4, Ln. 31-38 & 51-52).
Regarding claim 29, Russo discloses a strap container configured to removably store a strap, the strap container (Col. 1, Ln. 42-47) comprising a housing defining (Col. 3, Ln. 4-7 & Fig. 1, case 10) a compartment configured to store at least an end of the strap (Col. 3, Ln. 7-11 & Fig. 1 storage area 32), the housing having a sidewall (Col. 3, Ln. 32-34 & Fig. 1, second end 18) in which two or more outwardly extending protuberances (Fig. 1 depicting notch 13 formed between two walls corresponding to outward protuberances of second end 18) and one or more slots configured to allow the strap to pass through (Col. 4, Ln. 46-48 & Fig. 16, strap opening 27), a winding assembly rotatably coupled to and extending through an aperture in a base wall of the housing, said base wall being perpendicular to the sidewall (Fig. 14, winding arm 34, lip 47, hinge 48, case 10, second end 18), the winding assembly including a strap coupling mechanism configured to removably secure the end of the strap within the compartment (Fig. 2, winder 34), a handle exterior to the compartment, the handle including a protrusion (Fig. 1, winding arm 34), wherein the handle is operable to switch between a deployed position (deployed position depicted in Fig. 8) and a stowed position (stowed position depicted in Fig. 6 and in Col. 4, Ln. 51-52), wherein in the deployed position the winding assembly can be wound to retract the strap or unwound to deploy the strap (Col. 3, Ln. 20-27 & Col. 6, Claims 6 & 7), and in the stowed position the protrusion of the handle is configured to reside between two protuberances of the two or more protuberances of the side wall of the housing (Fig. 6 depicts winding arm 34 located between two protuberances extending from the sides of second end 18), such that rotation of the winding assembly is prevented by the protuberances (Col. 4, Ln. 31-38 & 51-52), and wherein the base wall of the housing is substantially circular in shape and the sidewall forms a circumference of the housing, and wherein the two or more protuberances formed in the sidewall of the housing comprise a plurality of protuberances that are evenly spaced about the circumference of the sidewall (Fig. 4 depicting a circular shaped portion of the second end 18).
Regarding claim 31, Russo discloses wherein the winding assembly further comprises a base and a hinge, the base being pivotably coupled to a proximal portion of the handle by the hinge, wherein when the handle is pivoted into the stowed position by operation of the hinge, the protrusion of the handle engages two of the at least two protuberances to prevent rotation of the winding assembly (Fig. 6 depicts winding arm 34 located between two protuberances extending from the sides of second end 18 & Col. 4, Ln. 31-38 & 51-52 disclosing the stowed position of the handle 52).
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 26 and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Russo (US 11,130,653 B1) as applied to claims 1, 6, 8-10, 17, 24-25, 27, 29, and 31 above, and further in view of Melvin (US 8,882,016 B1).
Regarding claims 26 and 30, Russo discloses the claimed invention except for a clip. However, Melvin teaches wherein the housing of the strap container further comprises a clip coupled to a wall of a back cover segment of the housing, wherein the wall of the back cover segment is parallel to the base wall of the housing, such that when the strap is in use to secure cargo during transport, the strap container is configured to be clipped to the strap using the clip (Fig 2 & Col. 3-4, Ln. 62-67 & 1-14, clip 65). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have incorporated a clip for ease of storage of both the system as well as the wound web.
Allowable Subject Matter
Claims 11, 13-15, and 19-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter:
Claims 11, and 19 are allowable because it includes the limitation of winding assembly having a hinge comprising at least three detents, in combination with the other elements recited in the claims. Dependent claims 13-15 and 20 are also distinguished from the prior art as they further limit the claim in which they depend in a way that is not taught or suggested by the prior art.
None of the references of the prior art teach or suggest the elements of the device as advanced above and such do not provide the necessary motivation, absent applicant's specification, for modifying the device in the manner required by the claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERMIA E MELIKA whose telephone number is (571)270-5162. The examiner can normally be reached Monday through Thursday 9:00 AM to 6:00 PM EST and a flexed schedule on Fridays from 9:00 AM to 5:00 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Victoria P. Augustine can be reached at (313) 446-4858. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ERMIA E. MELIKA
Examiner
Art Unit 3654
/ERMIA E. MELIKA/Examiner, Art Unit 3654
/Victoria P Augustine/ Supervisory Patent Examiner, Art Unit 3654
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