DETAILED ACTION
Response to Amendment
Due to applicant’s amendment filed on August 25, 2025, the objections to the drawings, specifications and the 112(b) rejections in the previous office action (dated 06/02/2025), are hereby withdrawn.
The status of the claim(s) is as follows:
Claims 1-2,4-5, 7 and 8 have been amended,
Claims 3 and 6 were previously presented.
Therefore, claims 1-8 are currently pending.
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Israel on May 29, 2023 (see Application Data Sheet dated 05/06/2024). It is noted, however, that applicant has not filed a certified copy of the IL303278 application as required by 37 CFR 1.55.
Drawings
The drawings were received on August 25, 2025. These drawings are acceptable.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fujii et al. (US 20030168459 A1; hereinafter Fujii) and further in view of Via Maris – Shelter Mezuzah (hereinafter Via Maris) and Watanabe (US 20230322616 A1; hereinafter Watanabe).
Regarding claims 1 and 3, Fujii teaches a [mezuzah] case (1) comprising:
a housing (i.e. the combination of inner housing (2) AND outer housing (3)) made of a vacuum-sealable material (specifically borosilicate glass; see [0078]);
a reflective protective layer (i.e. in the form of radiation prevention film (5)) inside said [mezuzah] case, said reflective protective layer configured to prevent damage to an object inside said [mezuzah] case from sun or light or other external conditions (Fujii [0025-0121] and Figs. 1-2).
However, Fujii fails to teach a mezuzah inside said [mezuzah] case.
Via Maris is in the same field of endeavor as the claimed invention, which is a mezuzah case. Via Maris teaches a mezuzah case comprising: a housing made of a vacuum-sealable material (i.e. glass, specifically borosilicate glass that is UV and weather resistant and configured to prevent damage to a mezuzah inside said mezuzah case from sun or light or other external conditions; see Via Maris pg. 1).
With this in mind, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to place a similar mezuzah (as taught by Via Maris) inside the inner housing (of Fujii) to allow the user to visually inspect the contents (specifically the mezuzah), or the like, contained with the case – which has superior temperature maintaining performance (see Fujii [0015]).
In essence, the user is able to preserve the mezuzah for a prolong period of time without any damage or deterioration that is typically associated with temperature and/or light variation or fluctuation; emphasis added.
Lastly, Fujii further fails to teach a heat and fire insulator inside said [mezuzah] case.
Watanabe is in the same field of endeavor as the claimed invention, which is a glass container or tube. Watanabe teaches a glass container or tube being made a glass substrate (20 – which is borosilicate glass; see [0042-0043]) that is wrapped by a heat and fire insulator (i.e. specifically ceramic wool; Watanabe [0096] and Figs. 1-2).
With this in mind, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to wrap the exterior surface of the inner housing (of Fujii) with a similar heat and fire insulator (as taught by Watanabe) in order to prevent heat cracking (see Watanabe [0096]) of the overall housing (of Fujii).
Since, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. See MPEP §2144.07
Regarding claims 2 and 8, modified Fujii as above further teaches wherein said mezuzah is vacuum-sealed inside said housing and further comprising an inert gas (i.e. krypton, xenon, argon; Fujii [0027] and [0041]).
Regarding claim 4, modified Fujii as above further teaches wherein an inside of said housing (i.e. specifically on the external surface of the inner housing (2)) is lined with said reflective protective layer (Fujii [0028-0115) and see Figs. 1-2).
Regarding claim 5, modified Fujii as above further teaches wherein said mezuzah is wrapped inside said reflective protective layer.
Regarding claim 6, modified Fujii as above further teaches wherein an inside of said housing is lined with said heat and fire insulator.
Regarding claim 7, modified Fujii as above further teaches wherein said mezuzah is wrapped with said heat and fire insulator.
Examiner’s note: with respect to claims 5-7, since the mezuzah is placed inside the inner housing of the overall housing (of Fujii), then the mezuzah is wrapped by the reflective protective layer and the heat and fire insulator as claimed. Essentially, the overall arrangement (of modified Fujii) is nearly or substantially identical to the claimed structure or arrangement; emphasis added.
Response to Arguments
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Therefore, applicant’s arguments with respect to the pending claims (i.e. claims 1-8) have been considered but are moot because the arguments do not apply to the combination of the references being used in the current rejection.
Conclusion
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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited documents are listed on the attached PTO-892 form.
Examiner has cited particular paragraphs and/or columns and line numbers in the references as applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested of the applicant, in preparing responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or prior art(s) disclosed by the Examiner (in the attached PTO-892 form).
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/B. V. P./
Examiner, Art Unit 3736
/ORLANDO E AVILES/Supervisory Patent Examiner, Art Unit 3736