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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 3/18/2026 has been entered. Claim 15 remains withdrawn from consideration.
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 and 5-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Blanco (US 5,839,575).
Regarding claim 1, Blanco discloses a receptacle (at 10 in Fig. 2) capable of holding a dental blank, comprising: a recess (recess at 26 in Fig. 2) capable of inserting the blank; and two flexible projecting clamping lugs (See “First lugs” labeled in Fig. 2 below – the lugs project from the side of the recess and are inherently flexible to a degree due to the PVC, polypropylene or polyethylene material they are made from – See column 3, lines 52-55) arranged on one side of the recess and two flexible projecting clamping lugs (See “Second lugs” labeled in Fig. 2 below – the lugs project from the side of the recess and are inherently flexible to a degree due to the PVC, polypropylene or polyethylene material they are made from – See column 3, lines 52-55) arranged on an opposite side of the recess, wherein the four flexible projecting clamping lugs protrude into the recess (as shown in Fig. 2) so as to abut sides of a blank for clamping a blank solely laterally (the recess is capable of holding a blank therein, wherein the blank is just wider than the space between elements 32A/B and 32C/D in Fig. 3, which would result in the four lugs clamping the blank solely in the lateral direction); wherein the recess comprises a portion (e.g. top-right corner of recess 26 in Fig. 2) capable of inserting a retaining portion of a blank; and wherein the four clamping lugs are located in an area where a dental blank has a block-shaped body (depending on the specific type/shape/size of dental blank inserted therein).
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Regarding claim 5, Blanco discloses the recess has a rectangular cross-section (as shown in Fig. 2).
Regarding claim 6, Blanco discloses the recess comprises a resilient bottom (the bottom of 26 is inherently resilient to a degree due to the PVC, polypropylene or polyethylene material it is made from – See column 3, lines 52-55).
Regarding claim 7, Blanco discloses the receptacle comprises a removable lid (See Fig. 2 labeled above, wherein the lid is considered removable since the open position as shown in Figs. 2-3 can be considered the removed position since the lid is removed from atop the remaining portion of the receptacle).
Regarding claim 8, Blanco discloses the clamping lugs are formed by rounded projections (See Fig. 3 at 32A,B and 32C,D).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 10 and 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Blanco (US 5,839,575) as applied to claim 1 above, in view of Adair et al. (US 2011/0132797). As described above, Blanco discloses the claimed invention except for the specific material of the receptacle. However, Adair teaches it is well known in the art for a receptacle (at 101 in Fig. 3) comprising recesses (at 103) for holding items to be formed from plastic material or cardboard material ([0025]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the receptacle of Adair to be formed from a suitable packaging material such as cardboard in order to form the device from a recycled material. Furthermore, 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. In re Leshin, 125 USPQ 416. Further regarding claims 13-14, the clamping lugs and bottom of Blanco will be formed from cardboard material since the entire receptacle is formed from a cardboard material, as taught by Adair.
Claims 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Blanco (US 5,839,575) in view of Adair et al. (US 2011/0132797) as applied to claim 10 above, further in view of Stumpff et al. (US 5,267,647). As described above, Blanco-Adair discloses the recess portion being formed integrally with the receptacle. Blanco-Adair does not disclose the recess portion being insertable into the receptacle. However, Stumpff teaches a receptacle (at 32/52 in Fig. 1) comprising a recess portion (at 24 in Fig. 1) for containing an item (at 13) therein, wherein the recess portion is insertable into and removable from the receptacle, having spacer portions (at 86/88), for the purpose of allowing promotional material to be placed under the recess portion. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the recess portion of Blanco-Adair to be insertable/removable from the receptacle as taught by Stumpff in order to allow for the items to be placed between the recess portion and the receptacle, if desired. Furthermore, it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPO 177, 179.
Response to Arguments
In view of Applicant's amendment, the search has been updated, and new prior art has been identified and applied. Applicant's arguments have been considered but are moot in view of the new ground(s) of rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN A REYNOLDS whose telephone number is (571)272-9959. The examiner can normally be reached M-F 9am-5pm.
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/STEVEN A. REYNOLDS/Primary Examiner, Art Unit 3735