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 .
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 1-4 and 6-19 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 pre-AIA the applicant regards as the invention.
Claim 1 recites the limitation "the first panel portion and the third panel portion are located in abutment with opposed faces of the second panel portion are located in abutment with one another...". The recitation is unclear such that it is confusing which panel portions are in abutment.
Claims 2-4 and 6-19 are rejected as being dependent from a rejected base claim.
Claim Rejections - 35 USC § 102
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 20-27 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kimura (JP 2007215422 A, as cited by Applicant).
For claim 20, Kimura discloses a floral arrangement apparatus comprising a plurality of panel portions (Fig. 6 as annotated below) located in substantial alignment with one another (as shown in Figs. 1-6), such that a periphery of each of the panel portions forms a periphery of the floral arrangement apparatus (as shown in Figs. 1 and 3-6 each periphery is formed by a winding and/or bellowing of the apparatus), each panel portion being fabricated from a material comprising at least a pair of layers (Figs. 1-6: 3, 4) spaced apart from one another to form a cavity therebetween (as shown in Fig. 1 and Fig. 6 as annotated below, and described in the translated description “ When this holding material 1 is used, many gaps between the liner 3 and the middle shin 4 are formed as a characteristic of the laminate of the corrugated board 2. When the stem S of the cut flower P is inserted into the gap, the middle shin 4 is crushed and the liner Since 3 bends and the gap is pushed wide, the stem S can be easily inserted.”), and wherein an aperture is provided in each shared periphery between panel portions (Fig. 1: defined by the top openings into the cavities between the panel portions 3, 4), such that the cavity in each of the panel portions is accessible through the aperture (as shown in Fig. 1).
For claim 21, Kimura discloses the floral arrangement apparatus according to claim 20, wherein a floral arrangement (Fig. 1: P) is arranged by inserting components (Fig. 1: S) of the floral arrangement into the cavity within the panel portions (as shown in Fig. 1).
For claim 22, Kimura discloses the floral arrangement apparatus according to claim 20, wherein the floral arrangement apparatus (Fig. 1: 1) is located within a container (Fig. 1: C) for use.
For claim 23, Kimura disclose the floral arrangement apparatus according to claim 20, wherein material from which the floral arrangement apparatus is fabricated is water resistant or waterproof (as discussed in the translated description “As the sheet material forming the liner 3 and the intermediate shin 4, paper, synthetic fiber, inorganic fiber, a nonwoven fabric combining these, or the like can be used.” and “the water resistance of the sheet material is improved”).
For claims 24-26, Kimura discloses the floral arrangement apparatus according to claim 20, wherein the floral arrangement apparatus (Fig. 1: 1) is provided with one or more substances configured to extend the life of a floral arrangement comprise fertilizers, flower food (as discussed in the translated description “Also, as this sheet material, for example, using a material supporting zeolite or a material imparted with antibacterial properties by a metal such as copper, silver, zinc, etc., water slimming is prevented, and the freshness of cut flowers is maintained over a long period of time.”) or color enhancers; and wherein the one or more substances configured to extend the life of the floral arrangement are located within the cavity or are impregnated into, or coated onto, the apparatus (as discussed in the translated description “Also, as this sheet material, for example, using a material supporting zeolite or a material imparted with antibacterial properties by a metal such as copper, silver, zinc, etc., water slimming is prevented, and the freshness of cut flowers is maintained over a long period of time.”).
For claim 27, Kimura discloses a space-filling or packing device (Fig. 1: 1), the device comprising a plurality of panel portions (Fig. 6 as annotated below) configured for folding movement relative to one another and located in substantial alignment with one another (as shown in Figs. 1-6 and discussed in the translated description “ Further, as in the fourth embodiment shown in FIG. 6, the holding material 1 may be formed by folding the corrugated cardboard 2 into a bellows shape and stacking them.”), such that a periphery of each of the panel portions forms a periphery of the device (as shown in Figs. 1 and 3-6 each periphery is formed by a winding and/or bellowing of the device), each panel portion being fabricated from a material comprising at least a pair of layers (Figs. 1-6: 3, 4) spaced apart from one another to form a cavity therebetween (as shown in Fig. 1 and Fig. 6 as annotated below, and described in the translated description “ When this holding material 1 is used, many gaps between the liner 3 and the middle shin 4 are formed as a characteristic of the laminate of the corrugated board 2. When the stem S of the cut flower P is inserted into the gap, the middle shin 4 is crushed and the liner Since 3 bends and the gap is pushed wide, the stem S can be easily inserted.”), and wherein an aperture is provided in an upper periphery and a lower periphery of at least a portion of the plurality of panel portions (Fig. 1: defined by the top openings into the cavities between the panel portions 3, 4 and opposite bottom openings), such that the cavity in each of the panel portions is accessible through the aperture (as shown in Fig. 1).
PNG
media_image1.png
269
591
media_image1.png
Greyscale
Allowable Subject Matter
Claims 1-4 and 6-19 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
The closest prior art of record, Kimura, teaches a plurality of panel portions being fabricated from a material comprising at least a pair of layers (Figs. 1-6: 3, 4) spaced apart from one another to form a cavity therebetween (as shown in Figs. 1-2), but fails to show the cavity is configured to receive one or more objects through the one or more apertures in the common edges where “folding the first panel portion, the second panel portion and the third panel portion relative to one another exposes the cavity within the first panel portion, the second panel portion and the third panel portion through one or more apertures along the common edges”, as recited in claim 1.
Response to Arguments
Applicant’s arguments with respect to claims 20-27 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.
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 DANIELLE A CLERKLEY whose telephone number is (571)270-7611. The examiner can normally be reached 8:30AM-5PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter Poon can be reached at 571-272-6891. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DANIELLE A CLERKLEY/Examiner, Art Unit 3643
/PETER M POON/Supervisory Patent Examiner, Art Unit 3643