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 .
Response to Arguments
Applicant’s arguments with respect to independent claims 1 & 17 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.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-2 & 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Kim, U.S. Patent Application Publication No. 2025/0019120 A1 in view of Bryson, U.S. Patent No. 3,507,071 A; herein Bry.
Re claim 1, Kim discloses a lure storage apparatus comprising:
a main body (150 or 250; the resilient prismatic blocks, fig. 1-5a) having a first surface (30; the face, fig. 4) and a second surface (50; the face parallel to 30, fig. 5a and para 44), a slot (100 & 200 or 110 & 210; the two sets of substantially equidistantly spaced substantially parallel grooves, fig. 1-2 & 4-5a) is defined in the main body and extends from an opening in one of first surface or the second surface towards the other of the first surface or the second surface (fig. 1-2 & 4-5a) to a closed end (fig. 1-2 & 4-5a, the end of the groove/portals), the slot being partially defined by a closed end (fig. 1-2 & 4-5a and para 41, the grooves are defined between the opening at the face 30 or 50 and the end of the slot, best depicted in the inset; 145), a first boundary surface (fig. 1, the right interior wall; 105) and a second boundary surface (fig. 1, the left interior wall; 105).
Kim fails to disclose wherein the main body includes a plurality of protrusions each extending into the slot from a base at one of the first boundary surface or the second boundary surface towards the other of the first boundary surface or the second boundary surface, and wherein the plurality of protrusions extend from the opening in one of first surface or the second surface to the closed end. However, Bry discloses a main body (10; the base, fig. 1-4) including a plurality of protrusions (20; the upper swollen portion or knob, fig. 1-4) each extending into a slot (fig. 1-3, the opening formed between the lower base portion; 18) from a base at one of a first boundary surface (fig. 1-4, the right-most lower base portion; 18) or a second boundary surface (fig. 1-4, the left-most lower base portion; 18) towards the other of the first boundary surface or the second boundary surface (fig. 1-3, the knob extends towards the opposite lower base portion), and wherein the plurality of protrusions extend from the opening in a first surface (see fig. 2, the front surface shown in the orthogonal view) to a second surface (see fig. 2, the back surface depicted by the orthogonal view).
The only distinction between the prior art and the claimed invention is that the prior art fails to disclose wherein the main body includes a plurality of protrusions each extending into the slot from a base at one of the first boundary surface or the second boundary surface towards the other of the first boundary surface or the second boundary surface, and wherein the plurality of protrusions extend from the opening in one of first surface or the second surface to the closed end however, Bry discloses such protrusions. Therefore, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the known technique of the protrusion between the slot faces as taught by Bry to improve the similar device disclosed by the prior art in the same way by allowing for further compression of the article being held. See MPEP 2143 I. (C).
Re claim 2, the combination of Kim and Bry discloses the invention of claim 1, Kim further discloses wherein the main body defines a plurality of slots (100 & 200 or 110 & 210; the two sets of substantially equidistantly spaced substantially parallel grooves, fig. 1-2 & 4-5a) being arranged in a first group (100 or 110; the first set of substantially equidistantly spaced substantially parallel grooves, fig. 1-2 & 4-5a) and a second group (200 or 210; second set of substantially equidistantly spaced substantially parallel grooves, fig. 1-2 & 4-5a), each slot in the first group of slots extending from an opening in the first surface (fig. 1-2 & 4-5a, formed by the portal/groove on face 30) towards the second surface to the closed end (fig. 1-2 & 4-5a, the grooves of the first set extend from the portal on the face 30 towards the parallel face 50 and terminate in a closed end), each slot in the second group of slots extending from an opening in the second surface (fig. 1-2 & 4-5a, formed by the portal/groove on face 50) towards the first surface to the closed end (fig. 1-2 & 4-5a, the grooves of the second set extend from the portal on the face 50 towards the parallel face 30 and terminate in a closed end), and wherein each of the slots of the first group are partially defined by a divider wall (105; the interior walls, fig. 1), and the divider wall of each of the slots of the first group also partially defines at least one of the slots of the second group (fig. 1-2 & 4-5a, based on the structure of the prismatic block each interior wall has two faces one forming the groove of the first set and a parallel side forming a side of the second set), and wherein the divider wall comprises the first boundary surface of one of the plurality of slots of the first group and the second boundary surface of one of the plurality of slots of the second group (see id.).
Re claim 17, Kim discloses storage box comprising:
a container (300; the unitary rigid structure, fig. 1-3) defining an interior (fig. 1-3 formed by the walls of the structure);
a lid coupled to the container (fig. 1 & 3, the lid hinged to the structure);
a lure storage apparatus (150 & 250; the resilient prismatic blocks, fig. 1-5a) coupled to the container within the interior (fig. 1-3 and para 46, the box structure has the prismatic blocks secured thereto), the lure storage apparatus comprising:
a main body (150 or 250; the resilient prismatic blocks, fig. 1-5a) having a first surface (30; the face, fig. 4) and a second surface (50; the face parallel to 30, fig. 5a and para 44), a slot (100 & 200 or 110 & 210; the two sets of substantially equidistantly spaced substantially parallel grooves, fig. 1-2 & 4-5a) is defined in the main body and extends from an opening in one of first surface or the second surface towards the other of the first surface or the second surface (fig. 1-2 & 4-5a) to a closed end (fig. 1-2 & 4-5a, the end of the groove/portals), the slot being partially defined by a closed end (fig. 1-2 & 4-5a and para 41, the grooves are defined between the opening at the face 30 or 50 and the end of the slot, best depicted in the inset; 145), a first boundary surface (fig. 1, the right interior wall; 105) and a second boundary surface (fig. 1, the left interior wall; 105).
Kim fails to disclose wherein the main body includes a plurality of protrusions each extending into the slot from a base at one of the first boundary surface or the second boundary surface towards the other of the first boundary surface or the second boundary surface, and wherein the plurality of protrusions extend from the opening in one of first surface or the second surface to the closed end. However, Bry discloses a main body (10; the base, fig. 1-4) including a plurality of protrusions (20; the upper swollen portion or knob, fig. 1-4) each extending into a slot (fig. 1-3, the opening formed between the lower base portion; 18) from a base at one of a first boundary surface (fig. 1-4, the right-most lower base portion; 18) or a second boundary surface (fig. 1-4, the left-most lower base portion; 18) towards the other of the first boundary surface or the second boundary surface (fig. 1-3, the knob extends towards the opposite lower base portion), and wherein the plurality of protrusions extend from the opening in a first surface (see fig. 2, the front surface shown in the orthogonal view) to a second surface (see fig. 2, the back surface depicted by the orthogonal view).
The only distinction between the prior art and the claimed invention is that the prior art fails to disclose wherein the main body includes a plurality of protrusions each extending into the slot from a base at one of the first boundary surface or the second boundary surface towards the other of the first boundary surface or the second boundary surface, and wherein the plurality of protrusions extend from the opening in one of first surface or the second surface to the closed end however, Bry discloses such protrusions. Therefore, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the known technique of the protrusion between the slot faces as taught by Bry to improve the similar device disclosed by the prior art in the same way by allowing for further compression of the article being held. See MPEP 2143 I. (C).
Re claim 18, the combination of Kim and Bry discloses the invention of claim 1, Kim further discloses wherein the main body defines a plurality of slots (100 & 200 or 110 & 210; the two sets of substantially equidistantly spaced substantially parallel grooves, fig. 1-2 & 4-5a) being arranged in a first group (100 or 110; the first set of substantially equidistantly spaced substantially parallel grooves, fig. 1-2 & 4-5a) and a second group (200 or 210; second set of substantially equidistantly spaced substantially parallel grooves, fig. 1-2 & 4-5a), each slot in the first group of slots extending from an opening in the first surface (fig. 1-2 & 4-5a, formed by the portal/groove on face 30) towards the second surface to the closed end (fig. 1-2 & 4-5a, the grooves of the first set extend from the portal on the face 30 towards the parallel face 50 and terminate in a closed end), each slot in the second group of slots extending from an opening in the second surface (fig. 1-2 & 4-5a, formed by the portal/groove on face 50) towards the first surface to the closed end (fig. 1-2 & 4-5a, the grooves of the second set extend from the portal on the face 50 towards the parallel face 30 and terminate in a closed end), and wherein each of the slots of the first group are partially defined by a divider wall (105; the interior walls, fig. 1), and the divider wall of each of the slots of the first group also partially defines at least one of the slots of the second group (fig. 1-2 & 4-5a, based on the structure of the prismatic block each interior wall has two faces one forming the groove of the first set and a parallel side forming a side of the second set), and wherein the divider wall comprises the first boundary surface of one of the plurality of slots of the first group and the second boundary surface of one of the plurality of slots of the second group (see id.).
Allowable Subject Matter
Claims 4-10 & 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:
With regard to claim 4 and similarly claim 20, the prior art of record fails to show or fairly render obvious the combined limitations of the invention specifically, the structure of the main body in combination with the first surface and the second surface converging towards one another as the first surface and the second surface extend from the base platform to the top platform. Claims 5-10 are allowable for containing such subject matter.
This statement is not intended to necessarily state all the reasons for allowance or all the details of why the claims are allowed and has not been written to specifically or impliedly state that all the reasons for allowance are set forth. See MPEP 1302.14.
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICOLE P MACCRATE whose telephone number is (571)272-5215. The examiner can normally be reached M-Th: 9am-5pm EST.
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/NICOLE PAIGE MACCRATE/Examiner, Art Unit 3642
/JOSHUA J MICHENER/Supervisory Patent Examiner, Art Unit 3642