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 .
This Office Action is in response to the applicant’s response to election filing on 11/04/2025.
Claims 3-4, 6, and 12-14 are withdrawn for being drawn to non-elected species. Claims 1-2, 5, and 7-11 are pending and examined below.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Election/Restrictions
Applicant’s election without traverse of Species 20, the embodiment shown in Figures 43A-43B, in the reply filed on 11/04/2025 is acknowledged.
Claims 3, 4, 6, and 12-14 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/04/2025.
Note that claim 3 is also withdrawn for being drawn to a nonelected species. Claim 3 discloses the reinforcement elements form a continuous loop of ribs. The elected Species 20 discloses the reinforcement elements as hollow T-shaped reinforcement plates. The non-elected Species 15 discloses the reinforcement elements as continuous loop ribs. Therefore, claim 3 is withdrawn for being drawn to a nonelected species.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/21/2024 and 08/07/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following features must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
The crossbar as stated in claim 1;
The stem as stated in claim 1; and
The handle as stated in claim 11.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 9-11 are objected to because of the following informalities. Appropriate correction is required.
Regarding claim 9, the phrase “between T-frame and” appears to be a typographical error and should be written as “between the T-frame and”.
Claims 10-11 are dependent of an objected claim, and therefore are also objected to.
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 1-2, 5, and 7-11 are 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 pre-AIA the applicant regards as the invention.
Regarding claim 1, the following phrases render claim 1 vague and indefinite:
the phrase “to face opposite direction” renders claim 1 vague and indefinite because it is unclear how the T-frames are considered facing opposite. The T-frames do not inherently have a surface or a part that is considered a “face”. It is unclear how the T-frames are orientated to be considered facing opposite directions. For examining purposes, the phrase is interpreted as “arranged in the same plane with different orientation”;
the phrase “each edge of the T-frame being bent” renders claim 1 vague and indefinite because it appears to contradict the drawings. In Figure 43A, the T-frame appears have several edges that are not bend. For example, the edges situated between the two T-frames appear to be not bent. For examining purposes, the phrase is interpreted as “a cross bar; a stem; and a pair of bent edges”;
the phrase “bent downwards” renders claim 1 vague and indefinite because it is unclear what is considered downwards. Claim 1 does not disclose what is considered up or down relative to the box holder. It is unclear what is direction is considered downward. For examining purposes, the phrase is interpreted as “a pair of bent edges bending out of the plane defined by the T-frames”; and
the phrase “formed at open edges” renders claim 1 vague and indefinite because it is unclear what is considered an open edge. If the U-shaped extension is formed on an “open edge”, it is unclear how said “open edge” is considered open. For examining purposes, the phrase is interpreted as “formed on the vertical brackets”.
Claims 2, 5, and 7-11 are dependent of a rejected claim, and therefore are also rejected under 112(b).
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)(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.
Claims 1-2, 5, and 7-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by reference Reaume (D207,677).
Regarding claim 1, Reaume discloses a holder comprising:
a pair of T-frames (see figure 1 below) arranged in the same plane with different orientation,
wherein each T-frame (see figure 1 below) having: a crossbar (see figure 1 below); a stem (see figure 1 below); and a pair of bent edges bending out of the plane defined by the T-frames (see figure 1 below),
wherein each bend edge of the pair of bent edges forms a vertical bracket (see figure 1 below);
U-shaped extensions (see figure 1 below) formed on the vertical brackets (see figure 1 below); and
reinforcement elements (see figure 3 below) formed along the crossbars of the T-frames (see figure 1 below).
(Figure 1, 3)
[AltContent: rect][AltContent: rect]
[AltContent: rect][AltContent: rect][AltContent: rect][AltContent: arc][AltContent: arc][AltContent: arc][AltContent: arc][AltContent: arc][AltContent: arc][AltContent: connector][AltContent: connector][AltContent: connector][AltContent: connector][AltContent: connector][AltContent: connector][AltContent: connector][AltContent: connector][AltContent: connector][AltContent: connector][AltContent: connector][AltContent: connector][AltContent: connector][AltContent: connector][AltContent: textbox (T-Frames)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Stem)][AltContent: textbox (U-Shaped Extension)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Vertical Bracket)][AltContent: textbox (Crossbar)][AltContent: arrow][AltContent: rect][AltContent: arrow][AltContent: arrow][AltContent: textbox (Reaume)]
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Regarding claim 2, Reaume discloses the reinforcement elements (see figure 3 above) extend from the crossbars (see figure 1 above) to the U-shaped extensions (see figure 1 above). (Figure 1, 3)
Regarding claim 5, Reaume discloses the reinforcement elements are hollow plates. (Figures 1, 3)
Regarding claim 7, Reaume discloses the reinforcement elements are T-shaped hollow plates. Figures 1, 3)
Regarding claim 8, Reaume discloses the T-frames (see figure 1 above) and the U-shaped extensions (see figure 1 above) are integrally formed with the reinforcement elements (see figure 3 above). (Figure 1, 3)
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 1 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over reference Arai (JP 3203848) in view of reference Magri et al. (11,767,179).
Regarding claim 1, Arai discloses a box holder comprising:
a pair of T-frames (see figure 3 below) arranged in the same plane with different orientation,
wherein each T-frame (see figure 3 below) having: a crossbar (51, 52); a stem (see figure 3 below); and a pair of bent edges bending out of the plane defined by the T-frames (see figure 3 below),
wherein each bend edge of the pair of bent edges forms a vertical bracket (see figure 1 below);
U-shaped extensions (see figure 1 below) formed on the vertical brackets (see figure 1 below).
(Figures 1, 3 and Page 3 paragraph 11)
[AltContent: textbox (U-shaped Extension)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Vertical Brackets)][AltContent: connector][AltContent: textbox (Arai)]
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However, Arai does not disclose reinforcement elements.
Magri et al. discloses a structure (130) comprising: a crossbar (135); a stem (140); and reinforcement elements (col 5 ln 26) formed along the crossbars (135). (Column 5 lines 19-28)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the holder of Arai by incorporating the reinforcement elements as taught by Magri et al., since such a modification would ensure the frames retain their shape, thereby making the overall device more reliable.
Regarding claim 9, Arai modified by Magri et al. disclose a first angle at a first edge between the T-frame (Arai – see figure 3 above) and the vertical bracket (Arai – see figure 1 above) is a right angle. (Arai – Figures 1, 3, 4)
Claims 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over reference Arai (JP 3203848) in view of reference Magri et al. (11,767,179) as applied to claim 9 above, and further in view of reference Lam et al. (2019/0256311).
Regarding claim 10, Arai modified by Magri et al. disclose the claimed invention as stated above but do not disclose a second angle.
Lam et al. discloses a structure comprising: cross bars (160); vertical brackets (162); and a U-shaped extension (172) on the vertical brackets (162), wherein a first angle is formed between the cross bars (160) and the vertical brackets (162), wherein the first angle is a right angle, wherein a second angle is formed between vertical brackets (162) and the U-shaped extension (172), wherein the second angle is an obtuse angle, wherein a third angle is formed between the U-shaped extension (172) and a handle (176), wherein the third angle is an obtuse angle, wherein is the third angle is smaller than the second angle and larger than the first angle. (Figure 3 and Page 3 paragraph 46, 49)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the holder of Arai by incorporating the handle and the angles as taught by Lam et al., since such a modification would allow easy grasping by the user, thereby making the overall device more desirable.
Regarding claim 11, Arai modified by Magri et al. and Lam et al. disclose a third angle is formed between the U-shaped extension (Arai – see figure 1 above) and a handle (Lam et al. – 176), wherein the third angle is an obtuse angle, wherein is the third angle is smaller than the second angle and larger than the first angle. (Lam et al. – Figure 3 and Page 3 paragraph 46, 49)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references listed on the attached form (PTO-892) are cited to show holding structures. All are cited as being of interest and to show the state of the prior art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK B FRY whose telephone number is (571)272-0396. The examiner can normally be reached on Mon-Thur 7am-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shelley Self can be reached at (571) 272-4524. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PATRICK B FRY/Examiner, Art Unit 3731 December 19, 2025
/STEPHEN F. GERRITY/Primary Examiner, Art Unit 3731 22 December 2025