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 Amendment
The amendment filed 08/27/2025 (hereafter “the amendment”) has been accepted and entered.
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over Goture (https://www.amazon.com/dp/B01ARX5XBA/ref=sspa_dk_detail_1?pd_rd_i=B01ARX5XBA&pd_rd_w=Kn5sz&content-id=amzn1.sym.85ceacba-39b1-4243-8f28-2e014f9512c7&pf_rd_p=85ceacba-39b1-4243-8f28-2e014f9512c7&pf_rd_r=6W28S94NZJX7GF03WM6Q&pd_rd_wg=IlowO&pd_rd_r=5cad99ff-bc05-47fa-b337-54a2e2597ec3&s=sporting-goods&sp_csd=d2lkZ2V0TmFtZT1zcF9kZXRhaWxfdGhlbWF0aWM&th=1&psc=1) and further in view of Cohon (US20030200689A1).
Regarding claim 1, Goture teaches a container system comprising (annotated image of Goture American fishing cast net below shows the net system):
a container containing a net, wherein the container further includes a lid, wherein the lid is removable and attaches to the container (annotated image 1 of Goture American fishing cast net below shows the container that contains the cast net within said container with a lid and the lid is removable attached to the container as shown by the reviews on amazon), wherein the material includes a connected area having a grid arrangement, and terminal branches extending to branch fringes, wherein the branch fringes extend outwardly to an edge tips, wherein edge gaps are formed between the edge tips (annotated image 2 of Goture below shows the net and the material shows having connected area with grid arrangements extending to branch fringes outwardly to the edge tips and the edge gaps that are formed between the tips; the annotated image 2 has been labeled as applicant’s fig.5 describes the swatch material).
Goture does not teach a swatch tag, wherein the swatch tag is connected to the container, wherein the swatch tag retains a swatch material corresponding to the net.
Cohon does teach a swatch tag, wherein the swatch tag is connected to the product, wherein the swatch tag retains a swatch material corresponding to the product’s material (fig.4 shows tag 30 that is connected to the lamp and the tag contains a swatch material that the consumer can touch and feel the fabric portion on the tag). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the container disclosed by Goture by adding the teaching of tying a tag with corresponding material as disclosed by Cohon in order to let the consumer can touch and feel the net material on the tag and determine whether to proceed with the sale despite the inability to directly touch the covered material on the item prior to sale. In this instance the corresponding material would be the net material as disclosed in the container of Goture. “The tag or label includes a support for attachment to the item, and a sample fabric portion identical in constitution to the fabric on the item. The fabric portion is supported by the support and is accessible for touching by the consumer. Thus, in accordance with this invention, the consumer can touch and feel the fabric portion on the tag and determine whether to proceed with the sale despite the inability to directly touch the covered fabric on the item prior to sale.” (0010, Cohon)
Annotated image 1 of Goture on Amazon
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Annotated image 2 of Goture
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Claim(s) 2-4,6-8,10-11,13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Goture (https://www.amazon.com/dp/B01ARX5XBA/ref=sspa_dk_detail_1?pd_rd_i=B01ARX5XBA&pd_rd_w=Kn5sz&content-id=amzn1.sym.85ceacba-39b1-4243-8f28-2e014f9512c7&pf_rd_p=85ceacba-39b1-4243-8f28-2e014f9512c7&pf_rd_r=6W28S94NZJX7GF03WM6Q&pd_rd_wg=IlowO&pd_rd_r=5cad99ff-bc05-47fa-b337-54a2e2597ec3&s=sporting-goods&sp_csd=d2lkZ2V0TmFtZT1zcF9kZXRhaWxfdGhlbWF0aWM&th=1&psc=1), Cohon (US20030200689A1) and further in view of Adler (US20060163869A1).
Regarding claim 2, the references as applied to claim 1 above discloses all the limitations substantially claimed. Goture as modified in claim 1 further teaches a base formed on the swatch tag (see annotated fig.4 of Cohon below for the base), wherein the base has a background section, wherein the swatch material is mounted over the background section (see annotated fig.4 of Cohon where the fabric is mounted over the background section). Goture as modified does not teach wherein the background section has contrast background.
Adler does teach wherein the background section has a contrast background (fig.2A shows the label 60 with the background being in different color or shading i.e. contrast where the drug name “AMOXYCILLIN in FIG. 2A” is presented; “a drug identifier additionally comprises a colored text or a background having a color or grey-level intensity (e.g., grey shading) that is different than a color or shading of a background of other information (e.g., white) on front portion 64 of label 60”-0053). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the background section of references as applied to claim 1 above by adding the teaching of contrast background as disclosed by Adler in order to distinguish the important information that the user want to display and highlight it. “In another embodiment, a drug identifier additionally comprises a colored text or a background having a color or grey-level intensity (e.g., grey shading) that is different than a color or shading of a background of other information (e.g., white) on front portion 64 of label 60 to further distinguish drug name on front portion 64 of label 60.” (0053, Adler)
Annotated fig.4 of Cohon
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Regarding claim 3, the references as applied to claim 2 above discloses all the limitations substantially claimed. Goture as modified in claim 2 further teaches further including a cover formed on the swatch tag, wherein the cover is configured to overlay the base and sandwich the swatch material between the cover and the base, wherein the cover has a cover opening, wherein the cover opening aligns to the contrast background section (see annotated fig.4 of Cohon above for the cover that is formed on the tag and the cover is capable of overlaying the base and sandwich the swatch material between the cover and the base and the cover having an opening 40 where the opening align with the contrast background section ).
Regarding claim 4, the references as applied to claim 3 above discloses all the limitations substantially claimed. Goture as modified in claim 3 further teaches wherein the cover includes a first cover section, a second cover section, a third cover section and a fourth cover section, wherein the base includes a first base section, a second base section, a third base section, and a fourth base section, wherein the first cover section, second cover section, third cover section, fourth cover section, are elongated and perpendicular to each other (see annotated fig.4 of Cohon below for the cover have 4 cover section and the base would have similar section right behind it sine the base is a square as well it will have four sides and the four cover section are elongated and perpendicular to each other).
Regarding claim 6, the references as applied to claim 3 above discloses all the limitations substantially claimed. Goture as modified in claim 3 further teaches wherein the swatch material has a translucent core (Goture shows the net being made from the translucent material and the swatch that would be in the tag would have that translucent core similar to that of applicant; see the Goture cast net on amazon for additional details on the net).
Regarding claim 7, the references as applied to claim 3 above discloses all the limitations substantially claimed. Goture as modified in claim 3 further teaches wherein a first cover section fits over a first base section, wherein a second cover section fits over a second base section, wherein a third cover section fits over a third-base section (see annotated fig.4 of Cohon above for the first, second, third cover sections which have corresponding base sections on the base and they would cover all three sections of the base section since the cover is hinged).
Regarding claim 8, the references as applied to claim 3 above discloses all the limitations substantially claimed. Goture as modified in claim 3 further teaches wherein the cover is square or rectangular (see annotated fig.4 of Cohon above for the cover that is a square).
Regarding claim 10, Goture teaches a net container system comprising (see annotated image of Amazon Goture above):
a container containing a net (annotated image of Goture American fishing cast net below shows the container that contains the cast net within said container as shown by the reviews on amazon), wherein the material includes a connected area having a grid arrangement, and terminal branches extending to branch fringes, wherein the branch fringes extend outwardly to an edge tips, wherein edge gaps are formed between the edge tips (annotated image 2 of Goture below shows the net and the material shows having connected area with grid arrangements extending to branch fringes outwardly to the edge tips and the edge gaps that are formed between the tips; the annotated image 2 has been labeled as applicant’s fig.5 describes the swatch material). Goture does not teach a swatch tag, wherein the swatch tag is connected to the product and further includes; a swatch material corresponding to the net; a base; a background section, wherein the contrast background section is formed on the base, wherein the swatch material is mounted on over the contrast background section; and cover formed on the swatch tag, wherein the cover is configured to overlay the base and sandwich the swatch material between the cover and the base, wherein the cover has a cover opening, wherein the swatch material is visible through the cover opening.
Cohon teaches a swatch tag (fig.4 shows the tag 30), wherein the swatch tag is connected to the product and further includes; a swatch material corresponding to the products material (fig.4 shows tag 30 that is connected to lamp 10 and tag contains a swatch material that the consumer can touch and feel the fabric portion on the tag); a base (see annotated fig.4 of Cohon below for the base); a background section (see annotated fig.4 of Cohon below for the background section), wherein the background section is formed on the base (see annotated fig.4 of Cohon below where the background section is formed on the base), wherein the swatch material is mounted on over the background section (see annotated fig.4 of Cohon where the fabric is mounted over the background section); and cover formed on the swatch tag (see annotated fig.4 of Cohon below for the cover on the swatch tag), wherein the cover is configured to overlay the base and sandwich the swatch material between the cover and the base, wherein the cover has a cover opening, wherein the swatch material is visible through the cover opening (see annotated fig.4 of Cohon below where the cover is capable of being overlayed on the base and sandwich the fabric material between the cover and the base and the cover has an opening 40 where the material is visible; “a window 40 is cut out of one of the folded sheet portions 42 and enables the consumer's fingers to be inserted through the window to touch and feel the fabric portion 36 provided on the other of the folded sheet portions 44.”-0027). ). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the container disclosed by Goture by adding the teaching of tying a tag with corresponding material as disclosed by Cohon in order to let the consumer can touch and feel the net material on the tag and determine whether to proceed with the sale despite the inability to directly touch the covered material on the item prior to sale. In this instance the corresponding material would be the net material as disclosed in the container of Goture. “The tag or label includes a support for attachment to the item, and a sample fabric portion identical in constitution to the fabric on the item. The fabric portion is supported by the support and is accessible for touching by the consumer. Thus, in accordance with this invention, the consumer can touch and feel the fabric portion on the tag and determine whether to proceed with the sale despite the inability to directly touch the covered fabric on the item prior to sale.” (0010, Cohon).
Goture as modified right above does not teach wherein the background section has contrast background.
Adler does teach wherein the background section has a contrast background (fig.2A shows the label 60 with the background being in different color or shading i.e. contrast where the drug name “AMOXYCILLIN in FIG. 2A” is presented; “a drug identifier additionally comprises a colored text or a background having a color or grey-level intensity (e.g., grey shading) that is different than a color or shading of a background of other information (e.g., white) on front portion 64 of label 60”-0053). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the background section of references as applied right above adding the teaching of contrast background as disclosed by Adler in order to distinguish the important information that the user want to display and highlight it. “In another embodiment, a drug identifier additionally comprises a colored text or a background having a color or grey-level intensity (e.g., grey shading) that is different than a color or shading of a background of other information (e.g., white) on front portion 64 of label 60 to further distinguish drug name on front portion 64 of label 60.” (0053, Adler)
Regarding claim 11, the references as applied to claim 10 above discloses all the limitations substantially claimed. Goture as modified in claim 10 further teaches wherein the cover includes a first cover section, a second cover section, a third cover section and a fourth cover section, wherein the base includes a first base section, a second base section, a third base section, and a fourth base section, wherein the first cover section, second cover section, third cover section, fourth cover section, are elongated and perpendicular to each other (see annotated fig.4 of Cohon above for the cover have 4 cover section and the base would have similar section right behind it sine the base is a square as well it will have four sides and the four cover section are elongated and perpendicular to each other ).
Regarding claim 13, the references as applied to claim 10 above discloses all the limitations substantially claimed. Goture as modified in claim 10 further teaches wherein the swatch material has a translucent core (Goture shows the net being made from the translucent material and the swatch that would be in the tag would have that translucent core similar to that of applicant; see the Goture cast net on amazon for additional details on the net).
Regarding claim 14, the references as applied to claim 10 above discloses all the limitations substantially claimed. Goture as modified in claim 10 further teaches wherein a first cover section fits over a first base section, wherein a second cover section fits over a second base section, wherein a third cover section fits over a third-base section (annotated fig.4 of Cohon above shows the first, second and third cover section and the base first, second and third cover sections would be right under it and would cover each other).
Regarding claim 15, the references as applied to claim 10 above discloses all the limitations substantially claimed. Goture as modified in claim 10 further teaches wherein the cover is square or rectangular (annotated fig.4 of Cohon above show the cover being a square).
Claim(s) 5 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Goture (https://www.amazon.com/dp/B01ARX5XBA/ref=sspa_dk_detail_1?pd_rd_i=B01ARX5XBA&pd_rd_w=Kn5sz&content-id=amzn1.sym.85ceacba-39b1-4243-8f28-2e014f9512c7&pf_rd_p=85ceacba-39b1-4243-8f28-2e014f9512c7&pf_rd_r=6W28S94NZJX7GF03WM6Q&pd_rd_wg=IlowO&pd_rd_r=5cad99ff-bc05-47fa-b337-54a2e2597ec3&s=sporting-goods&sp_csd=d2lkZ2V0TmFtZT1zcF9kZXRhaWxfdGhlbWF0aWM&th=1&psc=1), Cohon (US20030200689A1), Adler (US20060163869A1) and further in view of Heinrichs (US20130239449A1).
Regarding claim 5, the references as applied to claim 3 above discloses all the limitations substantially claimed. Goture as modified in claim 3 does not wherein the swatch material adheres to the base at an adhesive ring, wherein the adhesive ring circumscribes the contrast background section.
Heinrichs does teach wherein the swatch material adheres to the base at an adhesive ring, wherein the adhesive ring circumscribes the contrast background section (fig.1A shows the tab 12 with the film 28 that carries perfume and it adheres to the base at the front surface 26 at multiple locations around the front surface hence creating a adhesive ring; “Film 28 is bonded or otherwise adhered to front surface 26 at multiple locations around the lateral and bottom perimeter of front surface 26, represented as sealed borders 30.”-0035, Heinrichs). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the swatch material of references as applied to claim 3 above by adding the teaching of adhesive ring around the circumference of background section as disclosed by Heinrichs in order to securely attach the swatch material to the background section with adhesive compared to just placing it between the cover and the base.
Regarding claim 12, the references as applied to claim 10 above discloses all the limitations substantially claimed. Goture as modified in claim 10 does not teach wherein the swatch material adheres to the base at an adhesive ring, wherein the adhesive ring circumscribes the contrast background section.
Heinrichs does teach wherein the swatch material adheres to the base at an adhesive ring, wherein the adhesive ring circumscribes the contrast background section (fig.1A shows the tab 12 with the film 28 that carries perfume and it adheres to the base at the front surface 26 at multiple locations around the front surface hence creating a adhesive ring; “Film 28 is bonded or otherwise adhered to front surface 26 at multiple locations around the lateral and bottom perimeter of front surface 26, represented as sealed borders 30.”-0035, Heinrichs). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the swatch material of references as applied to claim 10 above by adding the teaching of adhesive ring around the circumference of background section as disclosed by Heinrichs in order to securely attach the swatch material to the background section with adhesive compared to just placing it between the cover and the base.
Claim(s) 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over references as applied to claim 10 and further in view of Martin (US6024278A)
Regarding claim 17, the references as applied to claim 10 above discloses all the limitations substantially claimed. Goture as modified in claim 10 does not teach further including flap closures formed on the cover which include a first cover flap, a second cover flap, and a third cover flap, wherein the first cover flap, the second cover flap, and the third cover flap extend outwardly from edge of the cover.
Martin does teach wherein flap closures formed on the cover which include a first cover flap, a second cover flap, and a third cover flap, wherein the first cover flap, the second cover flap, and the third cover flap extend outwardly from edge of the cover (fig.1 shows the flaps closers including 360,364,350 that are formed on the cover 320 that extend outwardly from the edge of cover). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the cover of refences as applied to claim 10 above by adding the teaching of flaps around the cover as disclosed by Martin in order to adhesively and directly secure the base to the cover. “The pocket-forming flap 330 is folded upwardly about fold line "B", over the first planar surface 314 of the back wall portion 320, and over each respective second planar surface 316 of the inwardly-folded side flaps 360, 365, to which the first planar surface 314 of the upwardly-folded pocket-forming flap 330 is adhesively secured thereto at at least one location thereon. Alternatively, instead of side flaps 360, 365, the first planar surface 314 of the upwardly-folded pocket-forming flap 330 may be adhesively secured directly to the first planar surface 314 of the back wall portion 320 along the side edges 311, 313 thereof.” (Col.4 lines 17-26 Martin)
Regarding claim 18, the references as applied to claim 10 above discloses all the limitations substantially claimed. Goture as modified in claim 10 does not teach further including flap closures formed on the base which include a first base flap, a second base flap, and a third base flap, wherein the first base flap, the second base flap, and the third base flap extend outwardly from edge of the base.
Does teach flap closures formed on the base which include a first base flap, a second base flap, and a third base flap, wherein the first base flap, the second base flap, and the third base flap extend outwardly from edge of the base (fig.1 shows the flaps closers including 360,364,350 that are formed on the base 320 that extend outwardly from the edge of cover). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the base of refences as applied to claim 10 above by adding the teaching of flaps around the base as disclosed by Martin in order to adhesively and directly secure the cover to the base. “The pocket-forming flap 330 is folded upwardly about fold line "B", over the first planar surface 314 of the back wall portion 320, and over each respective second planar surface 316 of the inwardly-folded side flaps 360, 365, to which the first planar surface 314 of the upwardly-folded pocket-forming flap 330 is adhesively secured thereto at at least one location thereon. Alternatively, instead of side flaps 360, 365, the first planar surface 314 of the upwardly-folded pocket-forming flap 330 may be adhesively secured directly to the first planar surface 314 of the back wall portion 320 along the side edges 311, 313 thereof.” (Col.4 lines 17-26 Martin)
Response to Arguments
Applicant's arguments filed 08/27/2025 have been fully considered but they are not persuasive. Applicant failed to make any amendments to further the prosecution of the case and simple added one of the dependent claims into independent claims and those limitations are clearly taught by Gotrue. Applicant argues POSITA would not make the combination this is not persuasive as a person skilled in the art would make that combination because one would want to display the sample of material that the user to trying to sell to a possible client so they can feel the material and make a decisive decision. Applicant also argues the “different problems being solved” which is also not persuasive as the problem being solved is the same which is to allow the user to feel the material being stored in the container. Applicant agues that Cohon does not teach the new limitation this is not persuasive as the secondary refence is not even used to teach those limitation it is the primary refence.
Conclusion
THIS ACTION IS MADE FINAL. 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 PRINCE PAL whose telephone number is (571)272-7525. The examiner can normally be reached M-Th, 9:30 AM - 7:30 PM (EST).
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/PRINCE PAL/Examiner, Art Unit 3735
/STEVEN A. REYNOLDS/Primary Examiner, Art Unit 3735