DETAILED ACTION
This non-final Office action is in response to Applicant’s patent application filed on 9/10/2024. An action on the merits follows.
Claims 1-19 are pending in the application.
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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority under 35 U.S.C. 119(a)-(d). The certified copy has been filed.
Restriction/Election
Applicant's election with traverse of Group II, and species D in the reply filed on 11/13/2025 is acknowledged. The traversal is on the ground(s) that there is no search burden. This is not found persuasive because searching for the container as compared to loading/unloading a container requires a different field of search and different text search strings. For example, searching, in the relevant databases, “spring with container” yields significantly different results as compared to “(unload OR load) with container”. The requirement is still deemed proper and is therefore made FINAL.
Claim 19 is withdrawn from further consideration because it depends on withdrawn claim 12.
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.
Claim 18 is 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 claims 18 and 19, the limitations “when the springs are put into the box body…” and “when the springs are taken out of the box body…” is vague and unclear because it is unclear if the limitations following the term “when” are required or optional in order to perform the method. The term “when” allows for situations where the condition of when is not fulfilled. For example, it is unclear if the method is anticipated before the springs are put into the box body or taken out of the box body. In order to prosecute the application, Examiner assumes the conditions following the term “when” are optional steps.
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.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over WO 2016121515 A1 of Ogaki (henceforth Ogaki)in view of USP# 3620412 of Eisner (henceforth Eisner).
Regarding claim 18, as best understood, Ogaki teaches
A packaging method for storing and unloading items (23), comprising a packaging container unit (1) for storing and unloading the items, wherein:
a box body (1) of the packaging container unit for storing and unloading the items is an elongated shape (see fig. 1),
a bottom surface (21) of the box body comprises a first opening (53),
one or more one-way toggle pieces (32) extending toward an inner side of the box body (see fig. 3c) are disposed on the bottom surface of the box body ,
a side surface (see annotated fig. 1a) of a top end of the box body comprises a second opening (27) for unloading the items, and
the packaging method comprises:
when the items are put into the box body, inserting the items from the bottom surface of the box body (para 0020-0021), and loading the items in sequence in a single line (para 0020-0021, fig. 3a-c); and
when the items are taken out of the box body, opening the second opening for unloading the items (para 0018), unloading an uppermost items of the items (para 0018, fig. 1a), pushing a next uppermost items of the items in the box body to the second opening for unloading the items under an elastic force of the items, and then unloading the next uppermost items through the second opening for unloading the items (para 0018).
Ogaki does not teach
the items are springs and unloading the springs under an elastic force of the springs.
Eisner teaches
A packaging method for storing and unloading springs (30), comprising a packaging container unit (10) for storing and unloading the springs, wherein:
a box body (exterior body of 10) of the packaging container unit for storing and unloading the springs is an elongated shape (see fig. 5),
a bottom surface (11) of the box body comprises a first opening (opening in 11 as shown in fig. 1),
one or more one-way toggle pieces (20) extending toward an inner side of the box body (curved walls 20) are disposed on the bottom surface of the box body (see fig, 1),
the packaging method comprises:
when the springs are taken out of the box body, unloading an uppermost springs of the springs (c. 3, l. 11-40), pushing a next uppermost springs of the springs in the box body to the second opening for unloading the springs under an elastic force of the springs (c. 3, l. 11-40).
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 item of Ogaki such that the packaging container unit is configured to hold springs and use the elastic force of the spring to unload the springs as taught by Eisner in order to allow the method of Ogaki to be used to load and unload different items such as springs; this makes the method more versatile. Additionally, using the elastic force of the springs for unloading makes it easier for the user to unload due to the assistance provided by the elastic force; this makes the method more user friendly (as less effort is required for unloading).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOBEEN AHMED whose telephone number is (571) 272-0356. The examiner can normally be reached on M-F (8:30 am to 5 pm).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna Kinsaul can be reached on 571-270-1926. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M. A./
Examiner, Art Unit 3731
/VERONICA MARTIN/Primary Examiner, Art Unit 3731