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.
Claim 9 is 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.
There is no antecedent basis for “the receiver plug.” It appears that claim 9 was intended to depend from claim 8. For examination purposes, it will be treated as if it depended from claim 8.
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 11, 12, and 14 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Zappacosta et al. (2004/0187373).
Zappacosta discloses a labeling assembly comprising: a nameplate (120, Fig. 1) comprising a plurality of cantilever arms (140, 150, Fig. 1); a lid (110, Fig. 1) comprising: a top side; an underside; and a plurality of integrated receiving slots (160, 170, Fig. 1) in the top side of the lid, wherein each of the plurality of receiving slots comprises: a first opening; the inside edge of the first opening comprises a first snap tab; and wherein each of the plurality of cantilever arms of the nameplate are configured to clip into one of the plurality of integrated receiving slots on the top side of the lid to affix the nameplate to the lid.
Regarding claim 12, each of the plurality of cantilever arms further comprises: a finger (240, 250, Fig. 2) comprising: a first side; and a second side; and a hook (280, 290, Fig. 2) extending from the first side of the finger for clipping past the first snap tab in the first opening of one of the plurality of integrated receiving slots.
Regarding claim 14, the nameplate disclosed by Zappacosta is affixed to the lid without the use of adhesive.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 2, 4, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Jurich et al. (8,827,589).
Jurich discloses a labeling assembly for a lid for a utility access box comprising: a nameplate (1500, Fig. 15A) comprising a plurality of cantilever arms (1511-1516, Fig. 15B); a receiver (1300, Fig. 13A) comprising: a top side; an underside; and a plurality of receiving slots (1311-1316, Fig. 13A) in the top side of the receiver, and wherein each of the plurality of receiving slots comprises: a first receiver opening.
Although the receiver disclosed by Jurich is a separate piece and not cast into the lid for the utility access box, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the receiver one piece with the lid because it has been held that the use of a one-piece construction instead of separate elements fastened together is merely a matter of obvious engineering choice. See MPEP § 2144.04(V)(B).
Regarding claim 2, Jurich discloses a spine (1321-1324, Fig. 13B) and receiver arms (1301-1306, Fig. 13B) that extend from the spine.
Regarding claim 4, the female connector elements (1311-1316, Fig. 13A) constitute body cavities.
Regarding claim 10, the nameplate disclosed by Zappacosta is affixed to the lid without the use of adhesive.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Jurich et al. (8,827,589) in view of Lee et al. (2007/0222691).
Jurich discloses the invention substantially as claimed, as set forth above. However, Jurich does not disclose a plurality of alignment holes for use in positioning and securing the receiver into a mold. Lee teaches providing a plurality of alignment holes for use in positioning and securing an element into a mold. See paragraph 0037. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the receiver disclosed by Jurich with a plurality of alignment holes, as taught by Lee, in order to position and secure the receiver into a mold.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Jurich et al. (8,827,589) in view of Zappacosta et al. (2004/0187373).
Jurich discloses the invention substantially as claimed, as set forth above. However, Jurich does not disclose a hook extending from the first side of the cantilever arms. Zappacosta teaches providing a hook extending from the first side of a cantilever arm in order to secure a nameplate to a surface. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the cantilever arms disclosed by Jurich with hooks, as taught by Zappacosta, in order to secure the nameplate to the receiver.
Allowable Subject Matter
Claims 5, 7, 8, and 13 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.
Claim 9 would be allowable if rewritten 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 and to include 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:
Regarding claim 5, it would not have been obvious to fill the body cavities (1311-1316, Fig. 13A) disclosed by Jurich with material forming the lid because doing so would render the body cavities incapable of performing their intended function of receiving the male connector elements (1511-1516, Fig. 15B).
Regarding claims 7 and 13, the prior art of record does not disclose or suggest a nameplate having a border around a perimeter portion of the interior portion, a plurality of support bosses on the interior portion, and wherein the border is thicker than a portion of the interior portion.
Regarding claim 8, the prior art of record does not disclose a receiver having a second opening that is obstructed by a receiver plug that clips into the opening.
Claim 9 would be allowable based on its dependency.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The relevance of each reference is explained below, unless the relevance is deemed to be readily apparent.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GARY C HOGE whose telephone number is (571)272-6645. The examiner can normally be reached Monday through Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at (571) 272-8227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GARY C HOGE/ Primary Examiner, Art Unit 3631