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 .
Terminal Disclaimer
The terminal disclaimer filed on 11/26/2025 is approved
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)(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.
Claims 1, 2, 5, 6, 16, 18 and 19 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 11735069 to Chesnutis.
Regarding claim 1, Chesnutis teaches case 30, comprising: a front cover (first panel 32); a back cover (second panel 34) removably coupled to the front cover (32), wherein the front cover (32) and the back cover (34), when coupled, form a recess (The space within the bounds of the first connection lip 64 may define a first pocket section 84. The space within the bounds of the second connection lip 66 may define a second pocket section 86, column 8, line 11-14) forming a shape having a plurality of corners , the recess being configured to receive an object (trading card) for insertion therein; a securing mechanism, coupled to the front cover and the back cover, configured to removably couple the front cover to the back cover, wherein: the securing mechanism comprises a plurality of magnets (first polarity magnets 114 and second polarity magnets 116), and each of the plurality of corners has a respective magnet (114), of the plurality of magnets, aligned therewith to align the front cover with the back cover (Preferably located at the four corners of the first connection lip 64 are four first polarity magnets 114. Preferably located at the four corners of the second connection lip 66 are four second polarity magnets 116, column 7, lines 55-58).
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Regarding claim 2, Chesnutis teaches the plurality of magnets (114) are inserted in the front cover.
Regarding claim 5, Chesnutis teaches the recess comprises an indentation in the back cover (34) shaped to accommodate the object (The space within the bounds of the second connection lip 66 may define a second pocket section 86, column 8, line 11-14).
Regarding claim 6, Chesnutis teaches the back cover (34) comprises one or more second indentations. Figure 9 shows the magnets 114 and 116 recessed within the surface of the first connection lip 64 and second connection lip 66. The recess correspond to the claimed “one or more second indentations”.
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Regarding claim 16, Chesnutis teaches the back cover (34) comprises an opening (aperture 84).
Regarding claim 18, Chesnutis teaches the securing mechanism comprises: a plurality of magnets (114) inserted in the front cover (32) having a first polarity; and a plurality of magnets (116) inserted in the back cover (34) having a second polarity, and the first polarity is opposite the second polarity (column 7, line 55-63).
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Regarding claim 19, Chesnutis teaches the plurality of corners comprises four corners; and the plurality of magnets comprises four magnets (column 7, line 55-63).
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.
Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over US 11735069 to Chesnutis in view of US 20230127622 to Williams.
Chesnutis does not teach the securing mechanism comprises a plurality of metal portions inserted in the back cover that are aligned with the plurality of magnets inserted in the front cover.
Williams teaches a protective frame comprising: a front cover (detachable cover 200); a back cover (base 300) removably coupled to the front cover (200), wherein the front cover (200) and the back cover (300), when coupled, form a recess (collectible item receptacle 320) forming a shape having a plurality of corners, the recess (320) being configured to receive an object (collectible item 400) for insertion therein; a securing mechanism (plurality of first connectors 600 and corresponding second connectors 610, ¶0025), coupled to the front cover (200) and the back cover (300), configured to removably couple the front cover (200) to the back cover (300), wherein: the securing mechanism comprises a plurality of magnets (first connectors 600 and the second connectors 610 may include magnets) to align the front cover with the back cover.
Williams also teaches “the first connectors 600 may be magnets and the second connectors 610 may be made of ferromagnetic material, such as stainless steel”, ¶0027).
It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to substitute one of the first polarity magnets and second polarity magnets taught by Chesnutis with ferromagnetic material, such as stainless steel as taught by Williams with a reasonable expectation of success to provide an alternate and less expensive magnetic attachment means to produce a detachable connection between the front and back covers. Such a modification would have involved a simple substitution of one known detachable or magnetic attachment means for another to obtain predictable results. KSR International Co. v. Teleflex Inc., 550 U.S. 398, 82 USPQ 2D 1385 (2007).
Regarding claim 4, Williams teaches the metal portions are magnetic. Williams also teaches “the first connectors 600 may be magnets and the second connectors 610 may be made of ferromagnetic material, such as stainless steel”, (¶0027).
Claims 7-15 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over US 11735069 to Chesnutis in view of US 20040154204 to Fu.
Regarding claim 7, Chesnutis does not teaches the indentation is rectangular in shape, and a portion of each of the one or more second indentations overlaps with the indentation so that the one or more second indentations extends a perimeter of the indentation.
Fu teaches a protective display holder for a flat item comprising: a front cover (rigid cover panel member 26); a back cover (rigid base panel member 24) removably coupled to the front cover (26), wherein the front cover (26) and the back cover (26), when coupled, form a recess (30) configured to receive an object (card 22) for insertion therein; a securing mechanism (first magnet 44 fixedly secured in the base 24 and second magnet 48 fixedly secured in the cover 26), coupled to the front cover and the back cover, configured to removably couple the front cover to the back cover (¶0044).
Fu also teaches the securing mechanism comprises a plurality of magnets (magnetic members 142 and 48) inserted in the front cover (126, figure 14);
Fu teaches the securing mechanism comprises a plurality of metal portions (magnetic members 140 and 46) inserted in the back cover (124) that are positioned to align with the plurality of magnets (magnetic members 142 and 148) inserted in the front cover (126) when the front cover (126) is coupled to the back cover (124). Fu teaches a “magnetic member other than a magnet, i.e. a magnetic member of a material (such as iron or steel) capable of being attracted by a magnet, may be substituted for one of the magnets 44, 48,” ¶0045).
Fu teaches the metal portions are magnetic.
Fu teaches the recess (30) comprises an indentation in the back cover (base 24) shaped to accommodate the object (card 22).
Fu teaches the back cover (base 24) comprises one or more second indentations (indentations at the four corners of recess 30).
Regarding claim 7, Fu teaches the indentation (figure 30) is rectangular in shape (¶0041), and a portion of each of the one or more second indentations (indentation at the four corners of recess 30) overlaps with the indentation (recess 30) so that the one or more second indentations extends a perimeter of the indentation (figures 1-3).
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It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct indentation taught by Chesnutis with cutout extending from each corner of the indentation as taught by Fu with a reasonable expectation of success to provide a means to accommodate the corners of collectible item in non-contacting relationship so as not to damage corners of the collectible item and thereby reducing the value of the collectible item.
Regarding claim 8, Fu teaches the back cover (base 24) comprises a flange (upstanding wall 32) extending along a terminal end (first transverse edge 34) of the back cover (24, ¶0043).
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Regarding claim 9, Fu teaches the flange (upstanding wall 32) comprises one or more apertures (slots or apertures 36).
Regarding claim 10, Fu teaches the front cover (rigid cover panel member 26) comprises one or more protections (flanges 38), and the one or more projections (38) are configured to be positioned in the one or more apertures (slots or apertures 36, ¶0043).
Regarding claim 11, Chesnutis teaches the front cover (32) and the back cover (34) are rigid, (column 24, line 7-32). Fu teaches the front cover (26) and the back cover (24) are rigid (¶0041).
Regarding claim 12, Chesnutis teaches the front cover (32) and rear cover (34) are transparent (claim 5). Fu teaches the front cover is transparent (¶0041).
Regarding claim 13, Chesnutis teaches the front cover (32) and rear cover (34) are transparent (claim 5). Fu teaches the front cover and the back cover are transparent (¶0041).
Regarding claim 14, Chesnutis teaches the securing mechanism comprises a plurality of magnets (114) inserted in the front cover (32). Fu teaches the securing mechanism comprises a plurality of magnets (140 and 148) inserted in the front cover (first magnetic member 140 is fixedly secured in the base 124 adjacent to the base's second transverse edge 134 and fourth magnetic member 148 is fixedly secured in the cover 126 adjacent to the cover's first transverse edge 136, ¶0056-0057 and figure 14).
Regarding claim 15, since the applicant does not disclose that a T-shaped magnet solve any stated problem or is for any particular purpose, it appears that using a circular shaped magnet as taught by Chesnutis or Fu would perform equally well. It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to substitute the circular shaped magnet taught by Chesnutis or Fu with T-shape with a reasonable expectation of success as a matter of design. A change in the shape of a prior art device is a design consideration within the skill of the art. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Such a modification would have involved a simple substitution of one known shape magnet for another to obtain predictable results. KSR International Co. v. Teleflex Inc., 550 U.S. 398, 82 USPQ 2D 1385 (2007).
Regarding claim 17, Fu teaches the back cover comprises an opening (notch 54 along the base's second transverse edge 46, ¶0051 and figure 1). Fu also teaches the opening (54) comprises an indentation configured to assist in separating the front cover from the back cover. Fu recites “the notches 54, 56 are in registration to form a channel or groove 58 for facilitating separation of the cover 26 from the base 24 so that the holder 20 may be disassembled”, (¶0051).It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct case taught by Chesnutis with the back cover comprises an opening, wherein the opening comprises an indentation as taught by Fu with a reasonable expectation of success to provide a means to assist in separating the front cover from the back cover.
Response to Arguments
Applicant’s arguments with respect to claims 1-19 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 CASSANDRA DAVIS whose telephone number is (571)272-6642. The examiner can normally be reached Monday-Friday 8:00 AM-4:30 PM.
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/CASSANDRA DAVIS/ Primary Examiner, Art Unit 3631