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 .
Election/Restrictions
Applicant’s election without traverse of Group I (claims 1-13) in the reply filed on 12/18/2025 is acknowledged.
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 1-13 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.
Regarding claim 1, the scope of the claims is unclear because the claims are directed to a tray yet recites structure of the tray in relation to a ceramic ball. For purposes of examination, claims will be given their broadest reasonable interpretation and will be treated as a tray capable of functioning with a ceramic ball.
Claim Rejections - 35 USC § 102
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 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) 1-6, 10-13 is/are rejected under 35 U.S.C. 102a1 as being anticipated by US 2005/0145533 to Seligson.
Regarding claim 1, Seligson discloses a storage tray (14) capable of storing ceramic balls (44) comprising a storage portion (16) that can store the ball, wherein the storage portion has a protruding portion (A, Fig 2 below) formed such that a center of a bottom surface portion (B, Fig 2 below) of the storage portion is hollow, a height of an outer circumferential surface of the protruding portion relative to a diameter of a ceramic ball is capable of being within a range of .05 or more and .3 or less since it has the structure as recited and depending on the dimensions of the ball.
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Regarding claims 2-6, 10-12, Seligson discloses the tray capable of functioning with a ceramic ball in the range as recited since it has the structure as recited.
Regarding claim 13, Seligson further discloses protruding portion (A) has a hollow cylindrical shape formed such that the center of the bottom surface portion is hollow (Fig 2).
Claim(s) 1-13 is/are rejected under 35 U.S.C. 102a1 as being anticipated by US Patent No. 3,568,830 to Moren.
Regarding claim 1, Moren discloses a storage tray (Fig 1) capable of storing ceramic balls comprising a storage portion (18) that can store the ball, wherein the storage portion has a protruding portion (20) formed such that a center of a bottom surface portion (18) of the storage portion is hollow, a height (H) of an outer circumferential surface of the protruding portion relative to a diameter of a ceramic ball is capable of being within a range of .05 or more and .3 or less since it has the structure as recited and depending on the dimensions of the ball.
Regarding claims 2-6, 10-12, Moren discloses the tray capable of functioning with a ceramic ball in the range as recited since it has the structure as recited.
Regarding claim 7, Moren further discloses height (H) of circumferential surface of the protruding portion (20) is 3mm or more (col. 2, ll. 35-40).
Regarding claim 8, Moren further discloses the tray made of plastic (col. 1, ll. 55-56).
Regarding claim 9, 13, Moren further discloses protruding portion (20) has a hollow cylindrical shape formed such that the center of the bottom surface portion is hollow (col. 2, ll. 30-35).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT POON whose telephone number is (571)270-7425. The examiner can normally be reached Monday thru Friday, 8:30 am to 6:00 pm.
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/ROBERT POON/ Examiner, Art Unit 3735