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 .
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 8 and 15 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.
Claims 8 and 15 recite the limitation "the first mating member" in line 7 and line 151, respectively. There is insufficient antecedent basis for this limitation in the claim. For the purposes of examination, it is assumed that “the first mating member” is intended to be “the first retaining member”.
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.
Claim(s) 1 and 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 11508196 B2 (Straughter).
Regarding claim 1: Straughter teaches a scale assembly comprising: a scale (inventory tracking scaled locking canister, Abstract) comprising: a weighing platform (weight sensor 4 extends around the load cells to provide a landing spot for the commodity container 3, in which the material being weighed is placed, see Fig. 2); a processor being operationally coupled to the weighing platform (processing unit 6); a weight sensor being electrically coupled to the processor wherein the weight sensor is configured to measure a weight of a material being positioned on the weighing platform (weight sensor 4); a display panel being electrically coupled to the processor wherein the display panel is configured to display the weight of the material being measured by the weight sensor (digital display 8); a container being releasably couplable to the scale, the container being configured to hold the material while the weight sensor is measuring the weight of the material (commodity container 3), the container comprising: a base being positioned over the weighing platform when the base is coupled to the scale wherein the base is configured to inhibit the material from physically contacting the scale while the weight sensor is measuring the weight of the material (base of commodity container 3, Fig. 2); a sleeve being releasably couplable to the base, the sleeve having an upper end and a lower end, each of the upper end and the lower end being open wherein the upper end and the lower end are each configured to facilitate placement of the material within the container (frame body 390, Fig. 5); and a lid being releasably couplable to the sleeve, the lid being positionable over the upper end of the sleeve wherein the lid is configured to inhibit access to the material being held within the container (closure 2, Fig. 1).
Regarding claim 11: Straughter teaches the scale assembly of claim 1 (see above), the lid further comprising: an upper plate (unlabeled top of closure 2, Fig. 2); and a lateral plate being coupled to and extending downwardly from the upper plate (unlabeled side of closure 2, Fig. 2).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 9-10 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 11508196 B2 (Straughter).
Regarding claim 9: Straughter teaches the scale assembly of claim 1 (see above), but does not directly teach that the sleeve further comprising an upper end threading extending downwardly from the upper end.
Straughter does teach closure magnets 51 to connect the closure 2 to the housing 1.
Applicant has not disclosed that threading pieces provides an advantage, is used for a particular purpose, or solves a stated problem other than the well-known and unsurprising function of removably connecting the pieces together.
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the closure method of Straughter with interconnected threaded pieces. This is because one of ordinary skill in the art would have expected threading to be one of several straightforward ways of connecting two pieces together because it is a simple way to connect two elements while allowing them to be easily disconnected.
Regarding claim 10: Straughter teaches the scale assembly of claim 9 (see above), the lid further comprising: an upper plate being parallel to the central wall of the base when the sleeve is coupled to the base and when the lid is coupled to the sleeve (unlabeled top of closure 2, Fig. 2); and a lateral plate being coupled to and extending downwardly from the upper plate, the lateral plate having a terminal edge being spaced from the upper plate (unlabeled sides of closure 2, Fig. 2).
Straughter does not directly teach a lid threading extending upwardly from the terminal edge of the lateral plate, the lid threading being complementary to the upper end threading of the sleeve wherein the lid is threadably couplable to the sleeve.
Straughter does teach closure magnets 51 to connect the closure 2 to the housing 1.
Applicant has not disclosed that threading pieces provides an advantage, is used for a particular purpose, or solves a stated problem other than the well-known and unsurprising function of removably connecting the pieces together.
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the closure method of Straughter with interconnected threaded pieces. This is because one of ordinary skill in the art would have expected threading to be one of several straightforward ways of connecting two pieces together because it is a simple way to connect two elements while allowing them to be easily disconnected.
Regarding claim 12: Straughter teaches the scale assembly of claim 11 (see above), but does not directly teach that the lid further comprises a handle being coupled to the upper plate, the handle extending upwardly from the upper plate wherein the handle is configured to facilitate a user in gripping the lid.
Straughter does teach a handle 13 attached to the outside of the apparatus.
Applicant has not disclosed that a lid handle provides an advantage, is used for a particular purpose, or solves a stated problem other than the well-known and unsurprising function of allowing users to handle the lid.
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the side handle of Straughter with a lid handle. This is because one of ordinary skill in the art would have expected a lid handle to be one of several straightforward ways of attaching a handle to the apparatus because it allows the user to better handle the apparatus.
Claim(s) 2-7 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 11508196 B2 (Straughter) as applied to claim 1 above, and further in view of US 20230399151 A1 (Boone).
Regarding claim 2: Straughter teaches the scale assembly of claim 1 (see above), the base of the container further comprising: a peripheral wall having a top edge and a bottom edge, the peripheral wall extending upwardly from the scale when the base is coupled to the scale wherein the bottom edge is positioned adjacent to scale and the top edge is positioned above the scale (unlabeled but seen in at least Fig. 2; see attached annotated Fig. 2 below); and a central wall being coupled to the peripheral wall (unlabeled but seen in the base of the commodity container 3 that holds the material to be weighed; see attached annotated Fig. 2 below), wherein the central wall is positionable on top of the weighing platform when the base is coupled to the scale and wherein the base is configured to hold the material on top of the central wall (the base of commodity container 3 holds the material to be weighed), the central wall being in physical contact with the weighing platform of the scale wherein the weight sensor is configured to measure the weight of the material being positioned on top of the central wall when the base is coupled to the scale (the base of commodity container 3 physically contacts the weighing platform such that the weight sensor measures the weight of the material in accordance with the inherent function of the weight sensor), the weight sensor being configured to measure the weight of the material based on the downward pressure being exerted on the weighing platform by the central wall (this is the inherent function of the weight sensor).
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“[T]he weighing platform is configured to exert upward pressure on the central wall when the base is coupled to the scale and wherein the central wall is configured to exert a downward pressure on the weighing platform when the material is positioned on top of the central wall” is directed to a fundamental force of physics. The normal force, or perpendicular contact force, occurs when the gravitational force of one object on top of another is reciprocated by a force from the bottom object’s atoms.
Straughter does not directly teach the central wall being spaced from the top edge and the bottom edge of the peripheral wall, nor the central wall comprising a flexible material.
Applicant has not disclosed that spacing the central wall from the top edge provides an advantage, is used for a particular purpose, or solves a stated problem other than providing a location for the central wall.
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the commodity container of Straughter with a spacing within its element. This is because one of ordinary skill in the art would have expected spacing to be one of several straightforward ways of inserting the element.
Additionally, Boone teaches the use of neoprene mesh material (Paragraph [0038]).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the commodity container of Straughter with the flexible sleeve of Boone. This is because they are both portable containers designed to keep the contained material separated from the external environment. This is important in order to accommodate the material to be weighed.
Regarding claim 3: Straughter teaches the scale assembly of claim 2 (see above), wherein the central wall is coextensive with the weighing platform wherein the base is configured to inhibit the material from physically contacting the weighing platform of the scale when the base is coupled to the scale (see commodity container 3 in Fig. 2).
Regarding claim 4: Straughter teaches the scale assembly of claim 2 (see above), but does not directly teach that the base of the container further comprising a top threading extending downwardly from the top edge of the peripheral wall of the base toward the central wall, the sleeve of the container further comprising a lower end threading extending upwardly from the lower end of the sleeve, the lower end threading being complementary to the top threading on the peripheral wall of the base wherein the sleeve is threadably couplable to the base.
However, Straughter does teach that the base of the container is connected to the sleeve in that they are the same piece. Separating an element taught by the prior art into multiple pieces to accomplish the same function is not given patentable weight. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to separate the commodity container of Straughter into two separate pieces and then reconnect them.
Regarding claim 5: Straughter teaches the scale assembly of claim 2 (see above), but does not directly teach that it further comprises: a threaded upper portion extending downwardly from a top panel of the scale; and a bottom threading extending upwardly from the bottom edge of the peripheral wall of the base toward the central wall, the bottom threading being complementary to the threaded upper portion of the side panel of the scale wherein the base is threadably couplable to the scale.
However, Straughter does teach locking mechanism 5 to connect the base.
Applicant has not disclosed that interconnected threaded pieces provides an advantage, is used for a particular purpose, or solves a stated problem other than the well-known and unsurprising function of connecting the pieces.
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the locking mechanism of Straughter with interconnected threaded pieces. This is because one of ordinary skill in the art would have expected threading the elements to be one of several straightforward ways of connecting the pieces together because they both connect elements together using interconnected mechanisms.
Regarding claim 6: Straughter teaches the scale assembly of claim 1 (see above), but does not directly teach that it further comprises a base gasket being coupled to the base, the base gasket comprising a rubber material wherein the base gasket is configured to seal a junction between the base and the scale when the base is coupled to the scale whereby the base gasket is configured to inhibit airflow into the container when the base is coupled to the scale.
However, Boone teaches a “removable accessory ring” 104 between lid 102 and inner ring 108.
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the lid connection of Straughter with the removable accessory ring of Boone. This is because they are both portable containers designed to keep the contained material separated from the external environment. This is important in order to effectively eliminate airflow into the container.
Regarding claim 7: Straughter teaches the scale assembly of claim 1 (see above), but does not directly teach that the sleeve further comprises a resiliently compressible material extending between the upper end and the lower end wherein a height of the sleeve is compressible to facilitate transportation and storage of the container.
However, Boone teaches “In some embodiments, the sleeve is made of plastic, fabric, or even wood. In some embodiments, the sleeve can be made of a neoprene mesh material” (Paragraph [0038]).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the commodity container of Straughter with the flexible sleeve of Boone. This is because they are both portable containers designed to keep the contained material separated from the external environment. This is important in order to ensure that the sleeve does not interfere with the closure mechanism and may fit the desired arrangement.
Regarding claim 13: Straughter teaches the scale assembly of claim 1 (see above), but does not teach that it further comprises a lid gasket being coupled to the lid, the lid gasket comprising a rubber material wherein the lid gasket is configured to seal a junction between the lid and the sleeve when the lid is coupled to the sleeve whereby the lid gasket is configured to inhibit airflow into the container.
However, Boone teaches a “removable accessory ring” 104 between lid 102 and inner ring 108.
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the lid connection of Straughter with the removable accessory ring of Boone. This is because they are both portable containers designed to keep the contained material separated from the external environment. This is important in order to effectively eliminate airflow into the container.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 11508196 B2 (Straughter) as applied to claim 1 above, and further in view of US 20060118342 A1 (Hullburt).
Regarding claim 14: Straughter teaches the scale assembly of claim 1 (see above), but does not directly teach a base retainer releasably coupling the base to the scale, the base retainer including: a base strap being coupled the base; a first fastening piece being attached to the base strap; and a second fastening piece being releasably engageable with the first fastening piece, the second fastening piece being coupled to the scale, the second fastening piece being alignable with the first fastening piece when the base is coupled to the scale.
However, Hullburt teaches a strap 740 that holds edges of a scale 700 together when compressed (see Fig. 16). The strap 740 is fastened to opposite sides of the scale 700 with fasteners that are unlabeled in the figure, but depicted as the circles on either end of the strap, securing the strap to the opposite ends of the scale.
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the lid of Straughter with the strap of Hullburt. This is because they are both scale assemblies. This is important in order to effectively secure portions in a desired arrangement.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 11508196 B2 (Straughter) and US 20230399151 A1 (Boone) as applied to claims 1 and 7 above, and further in view of US 20060118342 A1 (Hullburt).
Regarding claim 8: Straughter teaches the scale assembly of claim 7 (see above), but does not directly teach that it comprises a lid retainer releasably coupling the lid to the base when the sleeve is compressed, the lid retainer including: a lid strap being coupled to the lid; a first retaining member being attached to the lid strap; and a second retaining member being releasably engageable with the first retaining member, the second retaining member being coupled to the base, the second retaining member being alignable with the first retaining member when the sleeve is compressed.
However, Hullburt teaches a strap 740 that holds edges of a scale 700 together when compressed (see Fig. 16). The strap 740 is fastened to opposite sides of the scale 700 with fasteners that are unlabeled in the figure, but depicted as the circles on either end of the strap, securing the strap to the opposite ends of the scale.
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the lid of Straughter with the strap of Hullburt. This is because they are both scale assemblies. This is important in order to effectively secure compressible portions.
Allowable Subject Matter
Claim 15 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. Independent claim 15 is extensively detailed and descriptive regarding the locations of elements and their specific functions. There are elements unique to claim 15, including at least “a power source being electrically coupled to the processor, the power source comprising a battery, the battery being rechargeable, the power source being positioned inside of the scale; an access door being coupled to the scale, the access door being positioned on the bottom panel of the scale, the access door being pivotably coupled to the bottom panel and being aligned with the power source wherein the access door is openable to facilitate access to the power source; a charging port being electrically coupled to the power source wherein the charging port is configured to receive a charging cable for recharging the power source, the charging port being inset into the side panel of the scale, the charging port being exposed within the side panel of the scale” and “a control panel being electrically coupled to the processor wherein the processor is configured to actuate the weight sensor when the control panel is manipulated, the processor being configured to tare the weight sensor when the control panel is manipulated, the control panel being coupled to the side panel of the scale, the control panel being positioned adjacent to the display panel, the control panel comprising a button”. The mechanical detail, function specificity, and unique elements as claimed by Applicant have not been found in the prior art. This claim is novel over the prior art cited in the rejections above. This claim is non-obvious over the prior art cited in the rejections above, individually and in combination. Therefore, if amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, it would be considered allowable.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to JULIA FITZPATRICK whose telephone number is (703)756-5783. The examiner can normally be reached Mon-Fri 8am-4pm.
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/JULIA FITZPATRICK/ Examiner, Art Unit 2855
/TARUN SINHA/ Primary Examiner, Art Unit 2855