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
In response to the filed arguments by the applicant filed on 09/23/2025, the previously filed restriction requirements is withdrawn. All filed claims 1-10 have been rejoined and examined herewith below.
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Italy on 07/03/2024. It is noted, however, that applicant has not filed a certified copy of the foreign application as required by 37 CFR 1.55.
Specification
The following guidelines illustrate the preferred layout for the specification of a utility application. These guidelines are suggested for the applicant’s use.
Arrangement of the Specification
As provided in 37 CFR 1.77(b), the specification of a utility application should include the following sections in order. Each of the lettered items should appear in upper case, without underlining or bold type, as a section heading. If no text follows the section heading, the phrase “Not Applicable” should follow the section heading:
(a) TITLE OF THE INVENTION.
(b) CROSS-REFERENCE TO RELATED APPLICATIONS.
(c) STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT.
(d) THE NAMES OF THE PARTIES TO A JOINT RESEARCH AGREEMENT.
(e) INCORPORATION-BY-REFERENCE OF MATERIAL SUBMITTED ON A READ-ONLY OPTICAL DISC, AS A TEXT FILE OR AN XML FILE VIA THE PATENT ELECTRONIC SYSTEM.
(f) STATEMENT REGARDING PRIOR DISCLOSURES BY THE INVENTOR OR A JOINT INVENTOR.
(g) BACKGROUND OF THE INVENTION.
(1) Field of the Invention.
(2) Description of Related Art including information disclosed under 37 CFR 1.97 and 1.98.
(h) BRIEF SUMMARY OF THE INVENTION.
(i) BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWING(S).
(j) DETAILED DESCRIPTION OF THE INVENTION.
(k) CLAIM OR CLAIMS (commencing on a separate sheet).
(l) ABSTRACT OF THE DISCLOSURE (commencing on a separate sheet).
(m) SEQUENCE LISTING. (See MPEP § 2422.03 and 37 CFR 1.821 - 1.825). A “Sequence Listing” is required on paper if the application discloses a nucleotide or amino acid sequence as defined in 37 CFR 1.821(a) and if the required “Sequence Listing” is not submitted as an electronic document either on read-only optical disc or as a text file via the patent electronic system.
The disclosure is objected to because of the following informalities:
The filed specification is missing some headings, for example the BACKGROUND OF THE INVENTION, BRIEF SUMMARY OF THE INVENTION, DETAILED DESCRIPTION OF THE INVENTION, etc.
Appropriate correction is required.
The abstract of the disclosure is objected to because, it is referring to elements by numbers. The filed Abstract needs to eliminate the shown element numbers.
A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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)(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.
Claim(s) 1, 2, and 4-10 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Fumanelli (U.S. Pub. No. 2021/0002944).
Fumanelli discloses a security container cassette for banknotes or valuables for Bancomat (i.e. cash machines) or ATMs, defining an internal volume and comprising perimeter walls including an upper wall, see for example (Figs. 1-3 & 7-8; via the security container cassette 1 for Cash machines, ATM, and the like 50):
- said upper wall (Fig. 7; via 1b) developing along an upper surface (Fig. 7; via 11) and comprising:
- a frame (Fig. 3; via the shown frame of container1) structurally in one piece with at least part of other said perimeter walls,
- a main opening (via at 11) occupying most of said upper wall (1a),
- a main container (via 2) arranged in said internal volume (1c) and in said main opening (11) and comprising:
- an upper side (via 21) developing along said upper surface (1a) and covering said main opening (11) and at least part of said frame, said upper side being provided with passing through upper openings (Fig. 4; via openings 20a),
- a lower side (Fig. 7; via 2a), arranged within said main volume and comprising passing through lower openings (Fig. 8; via shown openings at 2a),
- side walls (Fig. 6; via 25) suitable for connecting said upper side (2b) and said lower side (2a),
- constraint means suitable for rigidly constraining said upper side to said frame (paragraph 0060; “connection flanges 21, designed to firmly attach to the lid 10, by means of connection means such as screws or glues”).
- an internal container (Fig. 7; via 22) inside said main container (2), which is fluid-tight and configured to hold marking fluid (intended use limitations of the internal container, not given much patentable weight; further paragraph 0032; “container 2 designed to contain making fluid”).
Regarding claim 2: wherein said main container is made of metal (paragraph 0036; “In particular, it can be made of metal or polymer sheets”).
Regarding claim 4: wherein said perimeter walls are made of polymeric material; (paragraph 0036; “In particular, it can be made of metal or polymer sheets”).
Regarding claim 5: wherein said upper side is in one piece (Fig. 4; via 20).
Regarding claim 6: wherein said lower side has a smaller main surface area than the area of said main opening so that it can pass through said main opening (Fig. 7; via 2a is smaller than 2b to pass through opening 11).
Regarding claim 7: wherein said pass-through lower openings include sharp edges suitable for cutting said internal container in the event of impact, see for example (Fig. 8 & paragraph 0037; “The lower portion 2a may also comprise inward facing cutting elements for the second container 22”).
Regarding claim 8: wherein said lower side is arranged above the area occupied by said banknotes or valuables, see for example (Figs. 3 & 7; via lower side of 2 arranged above area 1c of 10).
Regarding claim 9: wherein said main opening (via 11) occupies at least 2/3 of said upper part (1b).
Regarding claim 10: wherein said upper part (Fig. 7; via 20) is arranged along a lid (1b) of said cassette.
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) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fumanelli (U.S. Pub. No. 2021/0002944).
Regarding claim 3: Fumanelli may not suggest that the main container has walls less than 1 mm thick. However, it would have been obvious to one having ordinary skill in the art, before the effective filing date of applicant’s claimed invention, to have modified Fumanelli’s main container wall thickness to be less than 1 mm, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMEH TAWFIK whose telephone number is (571)272-4470. The examiner can normally be reached Mon-Fri. 8:00 AM - 4:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shelle 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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/SAMEH TAWFIK/Primary Examiner, Art Unit 3731