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 1-11) in the reply filed on 12/01/2025 is acknowledged.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/09/2024 and 11/04/2025 are being considered by the examiner.
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 1, 3-6, 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Swatty et al (2018/0160790) in view of Strongwater (4,349,102), Gics (5,743,402) and Shnitzler (2,735,542).
As to claim 1, Swatty discloses a storage assembly for a shaving razor system (100), the assembly comprises a case (101) comprises a top portion (110) coupled to a bottom portion (116), wherein the case comprises one or more metals ([0034] teaches the container 101 be constructed with metal as one of the material selection); an insert (117) received in the bottom portion of the case (116), the insert comprising one or more cavities (125, 126 124 etc) configured to receive one or more components of the shaving razor system (119).
However, Swatty does not disclose a hang tag coupled to the case; and a securement cover associated with the case, wherein the securement cover comprises at least one of product indicia or product imagery, wherein the top portion of the case comprises one or more first gripping features and the bottom portion of the case comprises one or more second gripping features, the first and second gripping features being configured to assist with separating the top portion from the bottom portion.
Strongwater discloses a packing device comprises a case (10) comprises a top portion (18) coupled to a bottom portion (26), and a hang tag (16) coupled to the case (Figure 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the container of Swatty with a hang tag coupled to the case as taught by Strongwater in order to define means for suspending packaging device from a hook or other similar projecting member (column 2, lines 53-56).
Gics discloses a packaging comprises a securement cover (sleeve 24) associated with the case (20), wherein the securement cover comprises at least one of product indicia or product imagery (58). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the container of Swatty as modified with securement cover sleeve as taught by Gics to provide an outer sleeve with greater surface area that can bear with all the product information.
Shnitzler discloses a storage container for razor and blades (Figure 2), the storage container comprises a case (Figure 1) a top portion (18) and a bottom portion (17), the top and bottom portions being coupled together so as to be movable relative to one another between a closed position (via hinge, Figure 1) and an open position (Figure 2), wherein the top and bottom portions, when in the closed position, define an inner cavity sized to receive the shaving razor system (the compartment is housing safety razor and blade, the top portion of the case is coupled to the bottom portion by a hinge (38), the top portion (18) of the case comprises one or more first gripping features (43) and the bottom portion (17) of the case comprises one or more second gripping features (rib as shown in Figure 1), the first and second gripping features being configured to assist with moving the case from the closed position to the open position.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the container of Swatty as modified with first and second gripping feature as taught by Shnitzler to provide surface for an end user to grip on and open the top and bottom portion by finger.
As to claim 3, Swatty as modified by Gics, Gics further discloses the securement cover (sleeve 24) extends over at least a part of the top portion and over at least a part of the bottom portion of the case (as modified by Gics, the sleeve covers part of the top portion and cover part of the bottom portion).
As to claim 4, Swatty as modified by Shnitzler, further discloses the bottom portion (20) of the case comprises a first locking element (projecting beveled catch element 42) that is adapted to releasably engage with a second locking element (opening on cover element) on the other of the top or the bottom portion to releasably couple the top portion to the bottom portion.
As to claims 5-6, Swatty as modified by Strongwater, Strongwater further discloses the hang tag is coupled to the case when the top and bottom portions of the case are in a closed position, the hang tag being configured to allow the case and the securement cover to be displayed or stored and the hang tag is removable (18, Figure 1 and 2 shows the hang tag coupled to the case configuration and removed from the case, respectively).
PNG
media_image1.png
438
1058
media_image1.png
Greyscale
As to claim 8, Swatty as modified by Gics, further discloses the case comprises a top surface, a bottom surface, first and second side surfaces (both Swatty and Gics as annotated above), and first and second end surfaces; the securement cover extends over at least a part of the top surface, the bottom surface, and at least one of the first side surface or the second side surface; and at least a portion of the first and second end surfaces are spaced apart from the securement cover (after Swatty modified by Gics, the securement cover covers the top surface, the bottom surface, and at least one of the first side surface and the second side surface as the sleeve wrap around those surfaces, the first and second end surface are not covered and spaced apart from the securement cover).
PNG
media_image2.png
438
1058
media_image2.png
Greyscale
As to claim 9, Swatty as modified by Gics, further discloses the case comprises a top surface, a bottom surface, first and second side surfaces (both Swatty and Gics as annotated above), and first and second end surfaces; the securement cover extends over at least a part of the top surface, the bottom surface, and at least one of the first side surface or the second side surface; and at least a portion of the first and second end surfaces are spaced apart from the securement cover (after Swatty modified by Gics, the securement cover covers the top surface, the bottom surface, and at least one of the first end surface and the second end surface as the sleeve wrap around those surfaces, the first side and second side surface are not covered and spaced apart from the securement cover).
As to claim 10, Swatty as modified further discloses the top portion (110) of the case is coupled to the bottom portion (116) by a hinge (118).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Swatty et al (2018/0160790) in view of Strongwater (4,349,102), Gics (5,743,402) and Shnitzler (2,735,542) as claimed in claim 1, further in view of Husted (5,123,527) and Cabell et al (2011/0139660).
As to claim 2, Swatty as modified does not disclose at least a section of the securement cover is secured to the case with a pressure-sensitive adhesive. Husted discloses a food package having a sleeve enclosure, the sleeve is covering the full faced front panel, and can include a full face back panel and could be adhered to the back of the base tray by suitable means such as hot melt adhesive (column 6, lines 46-51). Cabell further discloses the similar package (1) with label attached to the tray (Figure 6), the label can be glued to the outside of the container using water-base adhesive or hot-melt adhesive or pressure sensitive adhesives. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the sleeve of Shnitzler as modified with the sleeve attached to the outer container by adhesive as taught by Husted in order to retain the sleeve attached to the container. With regarding to the type of adhesive being use, it would also be obvious to use different type of adhesive such as pressure-sensitive adhesive as taught by Cabell in order to remove the sleeve by force and also be able to re-stick the sleeve back via pressure.
Claims 7 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Swatty et al (2018/0160790) in view of Strongwater (4,349,102), Gics (5,743,402) and Shnitzler (2,735,542) as claimed in claim 1, further in view of Tuszkiewicz (7,468,498).
As to claims 7 and 11, Swatty as modified does not disclose first and second gripping features are spaced apart from the securement cover and the hinge is spaced apart from the securement cover.
Nevertheless, Tuszkiewicz discloses a storage container comprises a container top portion (sealing film) and a bottom portion (container body 10), a securement cover (sleeve 810) associated with the top and bottom portions of the container to maintain the top and bottom portions in the closed position (Figure 8 in view of Figure 2), the container further discloses a catch members (80) protrude from the perimeter at two opposite sides (Figure 2), the securement cover defines openings (820, 822, 824, 826) positioned around the catch members (80) and the securement cover is spaced apart from both side of the catch members (80 the catch members are insert into the openings 820 and 824, another set of container with catches 80 insert into openings 822 and 826), and the catch members spaced apart from the rest of the securement cover sleeve portion so the catch members protrude and expose from the openings.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the sleeve of Swatty as modified with sleeve like securement cover with the sleeve opening register to the first and second gripping mean and the hinge portion to act as a catch element as taught by Tuszkiewicz to maintain the securement cover in place against the case while display in the shop.
Conclusion
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).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHUN HOI CHEUNG whose telephone number is (571)270-5702. The examiner can normally be reached Monday to Friday 9AM-5:30PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E Aviles can be reached at (571)270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/CHUN HOI CHEUNG/Primary Examiner, Art Unit 3736