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 .
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, the “installation cavity formed between the upper turning portion, the lower turning portion, the bottom board, and the front side board” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. It is noted that the drawings do not show a cavity formed between the bottom board and the front side board as recited. In particular, the drawings show the front side board stacked atop the bottom board and thus there would be no cavity in between.
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.
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 1-14 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.
Regarding claim 1, 8, “the packaging state” lacks antecedent basis and it is unclear what it is referring to and whether or not it is referring to the recited “package state” in the preamble.
Regarding claim 7, the claim recites “second limiting slots”; however, first limiting slots have not been recited and thus it is unclear if there is additional limiting slots.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 3, 5, 8, 10, 12 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 2022/0297882 to Su.
Regarding claim 1, Su discloses a package state (Fig 3) of a plastic storage box that can have the recited features, the package state comprising an installation cavity (Fig 3a) formed between an upper turning portion (4), a lower turning portion (2, Fig 2), a bottom board (1), front side board (12), wherein the lower turning portion (2) is installed on a rear side of bottom board (1), wherein the rear board (3), left board (2, Fig 3a), right board (3, Fig 3a) are stacked in the installation cavity (Figs 3a-3b).
Regarding claim 3, Su discloses package state of claim 1 and further discloses lateral limiting grooves (202, 302) provided on inner side wall of lower turning portion (2), water resisting strips (201, 301) provided on left board and right board, wherein the stripes are embedded in the limiting grooves in the box packaging state.
Regarding claim 5, Su further discloses a transverse support rod (53) installed on upper turning portion, a lock (€0128), a water resisting stripe (41), wherein the lock and stripe support the upper turning portion in packaging state.
Regarding claim 8, Su discloses a package state (Fig 3) of a plastic storage box that can have the recited features, the packaging state comprising an installation cavity (Figs 3a) formed between the upper turning portion (4), the lower turning portion (2, Fig 2), the bottom board (1), the front side board (12), wherein the lower turning portion (2, Fig 2) is installed on rear side of bottom board, wherein the rear board (3), left board (2, Fig 3a), and right board (3, Fig 3a) are stacked in installation cavity in the storage box packaging state (Figs 3a-3b).
Regarding claim 10, Su discloses package state of claim 1 and further discloses lateral limiting grooves (202, 302) provided on inner side wall of lower turning portion (2), water resisting strips (201, 301) provided on left board and right board, wherein the stripes are embedded in the limiting grooves in the box packaging state.
Regarding claim 12, Su further discloses a transverse support rod (53) installed on upper turning portion, a lock (€0128), a water resisting stripe (41), wherein the lock and stripe support the upper turning portion in packaging state.
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) 1-2, 6, 8-9, 13 is/are rejected under 35 U.S.C. 102a1 as being anticipated by US Patent No. 10,000,329 to Knight et al. (Knight).
Regarding claim 1, Knight discloses a package state (Fig 1) of a plastic storage box that can have the recited features, the package state comprising an installation cavity (adjacent 8, Fig 2) formed between an upper turning portion (10), a lower turning portion (1), a bottom board (3), front side board (12), wherein the lower turning portion (1) is installed on a rear side of bottom board (1), wherein the rear board (5), left board (2), right board (2) are stacked in the installation cavity (Figs 3a-3b).
Regarding claim 2, Knight further discloses front board (4) stacked on bottom board (3), rear board (5) stacked on front board (4), left and right board (6, 7) stacked on front board (4) in storage box packaging state.
Regarding claim 6, Knight further discloses when storage box is installed, a vertical partition board can be vertically arranged on bottom board and when storage box is package, the vertical partition board (4) is stacked horizontally on the bottom board (3).
Regarding claim 8, Knight discloses a package state (Fig 1) of a plastic storage box that can have the recited features, the packaging state comprising an installation cavity (adjacent 8, Fig 2) formed between the upper turning portion (10), the lower turning portion (1), the bottom board (3), the front side board (12), wherein the lower turning portion (1) is installed on rear side of bottom board (1), wherein the rear board (5), left board (2), and right board (2) are stacked in installation cavity in the storage box packaging state (Figs 3a-3b).
Regarding claim 9, Knight further discloses front board (4) stacked on bottom board (3), rear board (5) stacked on front board (4), left and right board (6, 7) stacked on front board (4) in storage box packaging state.
Regarding claim 13, Knight further discloses when storage box is installed, a vertical partition board can be vertically arranged on bottom board and when storage box is package, the vertical partition board (4) is stacked horizontally on the bottom board (3).
Claim(s) 4, 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Knight in view of US Patent No. 4,720,020 to Su.
Regarding claim 4, 11, Knight teaches the package state of claim 1, 8 but does not teach sockets on the bottom board, pins on the lower turning portion of the cover board configured to be inserted into sockets. However, Su discloses a storage box (Fig 1) and in particular discloses bottom board (6) having sockets (62) and lower turning portion (5) having pins (P) configured to be inserted into sockets. One of ordinary skill in the art would have found it obvious to incorporate pins and sockets to the package of Knight as suggested by Su in order to faciliate construction of the box.
Claim(s) 7, 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Knight in view of US 2016/0176577 to Frankenberg et al. (Frankenberg).
Regarding claim 7, 14, Knight teaches the package state of claim 1, 8 but does not teach limiting ribs on the inner bottom of the bottom board, second limit slots and limiting ribs configured to lock into second limiting slots in storage packaging state. However, Frankenberg discloses a container (Fig 1) with a bottom (22) having limiting ribs (26) provided on the inner bottom of the bottom board and limiting slots (36), the ribs configured to lock into the slots. One of ordinary skill in the art would have found it obvious to incorporate limiting ribs and slots to Knight package as suggested by Frankenberg in order to keep the box in place when ribs and slot are connected.
Response to Arguments
Applicant's arguments filed 9/19/2024 have been fully considered but they are not persuasive. Initially, it is noted that applicant does not argue the rejection of the dependent claims. Applicant argues that prior art does not teach the recited structure of the plastic storage box. However, the claims are directed to a package state of a plastic storage box and thus only requires features of the plastic storage box that are in the packaging state. Applicant argues that the prior art does not teach an embedded groove hinge; however, the hinge is not recited as part of the packaging state. Applicant further argues that Su does not teach lower turning portion installed on a rear side of bottom board. However, as shown in Fig 3, bottom board (1) has a front side facing outwards and a rear side facing inwards and lower turning portion (2) in installed on the rear side facing inwards of the installation cavity.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT POON whose telephone number is (571)270-7425. The examiner can normally be reached Monday thru Friday, 8:30 am to 6:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Stashick can be reached on (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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/ROBERT POON/Examiner, Art Unit 3735
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