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 .
Drawings
The drawings are objected to because Figs. 1-11 are too faint (i.e. grayscale) for publication or reproduction. Each of the figures mentioned above need to be replaced with black and white drawings. See MPEP §608.02(VII)(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 1-3, 12 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Harding (4,512,474).
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As to claim 1, Harding discloses a holder (10) comprising: a housing comprising a first vial slot and a second vial slot (the compartment 14 and 15 are considered as slot for holding items); and a first shelf and a second shelf positioned inferior to the first vial slot and second vial slot (as annotated above, the sidewall of the compartments are considered as the shelf), respectively; wherein the housing is assembled from a first (11) and an opposing second housing component (12), each comprising a portion of each vial slot and each shelf (the compartment and compartment sidewall are form by first and second housing component); wherein the housing components are attached to each other by an interior two-step snap closure (19 and 20) engagement between at least one clip (19 is considered as the clip) and at least one clip retainer (20 is being considered as clip retainer) having an outer detent (Outer detent is on the side wall 24 with rim R) and an inner detent (inner detent is near the upper sidewall portion adjacent to 28) ;wherein the outer detent (rim R) of each clip retainer (20) is configured to engage a clip (collar C) of an opposing housing component in a partially assembled configuration (initial insertion of the clip into the clip retainer), and wherein the inner detent of each clip retainer is configured to engage a clip of an opposing housing component in a fully assembled configuration (Figure 3B shows that the inner surface of the inner detent is abut against the collar C).
As to claims 2-3, Harding further discloses the partially assembled configuration partially forms each vial slot (Figure 1 shown in partially assembled configuration) to receive a vial therein to rest upon each shelf (as shown in Figure 1, the half compartments 14 and 15 is fully capable of holding a vial rest on the sidewall, furthermore, vial is not positively claimed) and the fully assembled configuration (Figure 2 shows in full assembled configuration) locks each received vial within each vial slot (Figure 2 shows the closing of the compartment to lock the item inside the compartments).
As to claim 12, Harding further discloses an inferior face of the housing (10) comprises one or more vents fluidly connected to an interior of the housing (vent is form at the bottom where the hinge 13).
As to claim 15, Harding further discloses the first and second housing components are non-identical (it’s not identical due to clip on housing 11 and clip retainers are on opposing housing 12)
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 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Harding (4,512,474) in view of Hernandez (8,584,881).
As to claims 4-5, Harding further discloses that the at least one clip retainer is integrated into the first shelf portion, but does not specifically disclose at least one clip extends from the second shelf portion of each bousing components, the at least one retainer and the at least one clip are positioned between the first vial slot and the second vial slot. Nevertheless, Hernandez discloses a container with multiple compartments and the container is made of a housing with first (12) and second opposing housing component (14), the first and second housing component are secure by snap closures (50 and 78) located between each of the compartments (Figure 4).
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 location of the snap closure engagement of Harding to position at the ledge between two compartments as taught by Hernandez to provide the locking mechanism at the center of the package to secure both of the compartment tightly. Furthermore, it has been held that rearranging parts of an invention involves only routine skill in the art. MPEP2144 (VI)(C).
Claims 6 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Harding (4,512,474) in view of Donschietz et al (2021/0186811).
As to claim 6, Harding does not disclose the at least one clip retainer is positioned at two corners of each housing component and the at least one clip is positioned at opposing two corners of each housing component. Nevertheless, Donschietz discloses hinged shell for hanging a vial, the holder comprises a vial slot (cavity 18), the holder comprises a first housing a second housing (54a, 54b) component, the housing components are attached to each other by an snap closure engagement between at least one clip retainer (85A, 84A2, 85B1, 84B2) is positioned at two corners of each housing component and the at least one clip (86B1, 86B2, 86B and 86A1) are positioned at opposing two corners of each housing component (Figure 2). 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 location of the snap closure engagement of Harding to position at all four corner of the package as taught by Donschietz to secure all four corner of the package. Furthermore, it has been held that rearranging parts and duplication of the amount of snap closure engagement of an invention involves only routine skill in the art. MPEP2144 (VI)(C).
As to claim 14, Harding further discloses the first and second housing components are non-identical (it’s not identical due to clip on housing 11 and clip retainers are on opposing housing 12), but does not discloses the first and second housing components are non-identical. Nevertheless, Donschietz discloses that the hinged shell for hanging a vial, the holder comprises a first housing a second housing (54a, 54b) component, and the first housing and second housing components are identical. 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 molding of Harding with one of the clip and clip retainer reverse so the first housing and second housing components are form of identical part because it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art. MPEP2144.04 (VI)(A).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Harding (4,512,474) in view of Kidd et al ( 20110180446).
As to claim 13, Harding does not specifically disclose an exterior surface of the housing is configured to receive one or more label. Nevertheless, Kidd discloses a container comprises a first housing and a second housing (102 and 104) component, the housing components are attached to each other by an snap closure engagement (126 and 128), the outer surface of the first housing and second housing component comprises a flat surface (236) that is configured to receive one or more label ([0025]). 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 flat surface of Harding with label attached to the flat surface as taught by Kidd in order to provide identification or product information to the article store within the compartment.
Claims 1, 7-11 are rejected under 35 U.S.C. 103 as being unpatentable over Paulson (2,999,611) in view of Tajima et al (4,826,005).
As to claim 1, Paulson discloses a holder (Figure 1) comprising: a housing comprising a slot (the inner compartment); and a first shelf (sidewall of the container) positioned inferior (depends on the orientation, any one of the sidewall can be inferior) to the first vial slot; wherein the housing is assembled from a first (10) and an opposing second housing component (11), each comprising a portion of vial slot and each shelf (the compartment sidewall are form by first and second housing component); wherein the housing components are attached to each other by an interior two-step snap closure (19 and 17) engagement between at least one clip (19 is considered as the clip) and at least one clip retainer (groove 17 is being considered as clip retainer along with the sidewall 14 as shown in Figure 3) having an outer detent (upper portion of sidewall 14) and an inner detent (groove 17); wherein the outer detent of each clip retainer is configured to engage a clip (19) of an opposing housing component in a partially assembled configuration (Figure 1), and wherein the inner detent (groove 17 of each clip retainer is configured to engage a clip (19) of an opposing housing component in a fully assembled configuration (Figure 2). However, Paulson does not specifically disclose the housing comprising a second vial slot and a second shelf position inferior to the second vial slot. Nevertheless, Tajima discloses a package holder (Figure 1), comprising: a housing comprising a first slot (18) and a second slot (18) within the housing with partition between the slots); and a first shelf (sidewall with opening 21a)) positioned inferior to the first vial slot (18); and a second shelf (sidewall with opening 21a adjacent to extend portion 22) wherein the housing is assembled from a first (16, lower half body of Figure 1) and an opposing second housing component (16, upper half body of Figure 1), each comprising a portion of vial slot and each shelf (the compartment sidewall are form by first and second housing component). 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 single compartment of Paulson with a divider that separate the single compartment into two elongated compartments as taught by Tajima in order to protect individual article store within the container from touching and bumping to each other.
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As to claims 7-10, Paulson further disclose each of the first and second housing component comprises an inner edge that meets face to face in the fully assembled configuration to form a seam (as shown above), each of the first and second housing component comprises a plurality of fins (14 and 15) positioned adjacent to and extending outwards past a segment of the inner edge (as shown in Figure 1), the plurality of fins (14, 15) block the seam formed by the inner edges from exterior access in a fully assembled configuration (Figure 2 above), the plurality of fins forms a tamper- resistant barrier to the two-step snap closure by blocking exterior access (Figure 2).
As to claim 11, Paulson as modified by Tajima further discloses each slot is connected to at least one window (21a) to support the article within the container.
Claims 1, 16 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Donschietz et al (2021/0186811) in view of Harding (4,512,474).
As to claim 1, Donschietz discloses a holder (10) comprising: a housing comprising a first vial slot (compartment as shown in Figure 2); and a first shelf positioned inferior to the first vial slot (28a), wherein the housing is assembled from a first (54a) and an opposing second housing component (54b), each comprising a portion of each vial slot and each shelf (the compartment and compartment sidewall are form by first and second housing component); wherein the housing components are attached to each other by an interior snap closure between at least one clip retainer (85A, 84A2, 85B1, 84B2) and the at least one clip (86B1, 86B2, 86B and 86A1). However, Donschietz does not specifically disclose the housing comprising a second vial slot and a second shelf position inferior to the second vial slot, the housing components are attached to each other by an interior two-step snap closure engagement between at least one clip and at least one clip retainer having an outer detent and an inner detent ;wherein the outer detent of each clip retainer is configured to engage a clip of an opposing housing component in a partially assembled configuration, and wherein the inner detent of each clip retainer is configured to engage a clip of an opposing housing component in a fully assembled configuration. Nevertheless, Harding discloses a holder (10) comprising: a housing comprising a first vial slot and a second vial slot (the compartment 14 and 15 are considered as slot for holding items); and a first shelf and a second shelf positioned inferior to the first vial slot and second vial slot (as annotated above, the sidewall of the compartments are considered as the shelf), respectively; wherein the housing is assembled from a first (11) and an opposing second housing component (12), each comprising a portion of each vial slot and each shelf (the compartment and compartment sidewall are form by first and second housing component); wherein the housing components are attached to each other by an interior two-step snap closure (19 and 20) engagement between at least one clip (19 is considered as the clip) and at least one clip retainer (20 is being considered as clip retainer) having an outer detent (Outer detent is on the side wall 24 with rim R) and an inner detent (inner detent is near the upper sidewall portion adjacent to 28) ;wherein the outer detent (rim R) of each clip retainer (20) is configured to engage a clip (collar C) of an opposing housing component in a partially assembled configuration (initial insertion of the clip into the clip retainer), and wherein the inner detent of each clip retainer is configured to engage a clip of an opposing housing component in a fully assembled configuration (Figure 3B shows that the inner surface of the inner detent is abut against the collar C).
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 first and second housing component of Donschietz with multiple compartments as taught by Harding in order to protect individual article store within the container from touching and bumping to each other. Furthermore, since such a modification would amount to a mere duplication of parts. It has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. 2144.04(VI)(B). 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 snap closure of Donschietz with snap closure as taught by Harding in order to provide a locking mechanism that can easily engage and disengage with snap fit closure instead of frictional fit taught by Donschietz.
As to method claims 16-17, all recited structures of the package are disclosed by Donschietz et al (2021/0186811) in view of Harding (4,512,474) as discussed in the rejections of claim 1 above. The method of assembling and loading the vial holder from such a package is rendered obvious to one of ordinary skill in the art by the obvious method of assembling the holder of Donschietz as modified.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Donschietz et al (2021/0186811) in view of Harding (4,512,474), further in view of Kidd et al ( 20110180446).
As to claim 18, Donschietz as modified does not specifically disclose an exterior surface of the housing is configured to receive one or more label and s step of applying a label to the first housing or the second housing, or both. Nevertheless, Kidd discloses a container comprises a first housing and a second housing (102 and 104) component, the housing components are attached to each other by an snap closure engagement (126 and 128), the outer surface of the first housing and second housing component comprises a flat surface (236) that is configured to receive one or more label ([0025]). 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 flat surface of Donschietz with label attached to the flat surface as taught by Kidd in order to provide identification or product information to the article store within the compartment.
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.
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/CHUN HOI CHEUNG/Primary Examiner, Art Unit 3736