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 .
Claim Objections
Claim 1 objected to because of the following informalities:
The claim recites “the pin” in line 3, the proper spelling is “the pen”.
Appropriate correction is required.
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)(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, 4, 7, 11-12, and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Moeck (US 20150041350A1)
Regarding claim 1, Moeck discloses a pen holder (item 1, figure 1) for storing a pen or marker, the pen holder comprising:
a one-part or multi-part base body (item 2, figure 1) that extends in a longitudinal direction and delimits a receiving space (item 4, figure 2) for at least partially receiving the pen;
wherein the base body includes an insertion opening (item 8, figure 2) for introducing the pen into the receiving space at a first end (item 6, figure 2) of the longitudinal direction (item 16, figure 2)
the pen holder further comprising at least one sealing portion (items 18 and 20, figure 2) formed or insertable in the receiving space, wherein:
the sealing portion or the sealing portions (items 18 and 20, figure 2) is/are provided and designed to receive and make sealing contact with at least a first pen having a first larger diameter and a second pen having a second smaller diameter (¶ [0010]);
or the sealing portion can be adapted to the diameter of the pen to receive and make sealing contact with the pen (¶ [0010]).
Regarding claim 4, Moeck discloses the pen holder wherein the sealing portion has or is at least one elastic sealing edge which is elastically deformable when introducing the pen into the receiving space (¶ [0060]).
Regarding claim 7, Moeck discloses the pen holder wherein the guiding space includes a centering element (item 20, figures 4 and 5) which is provided and designed to center the pen in a radial direction of the pen in the guiding space (¶ [0066]).
Regarding claim 11, Moeck discloses the pen holder wherein the sealing portion or the sealing portions is/are provided and designed to receive and make sealing contact with two or more than two, such as three, four or five, pens having different diameters (¶ [0010] and [0066]).
Regarding claim 12, Moeck discloses a system comprising: a pen holder according to claim 1; and at least a first pen having a first larger diameter and a second pen having a second smaller diameter, wherein the sealing portion makes sealing contact with the first pen when the latter is inserted in the pen holder, and the sealing portion makes sealing contact with the second pen when the latter is inserted in the pen holder (figures 4 and 5; ¶ [0066]).
Regarding claim 15, Moeck discloses a method of using a pen holder comprising providing the pen holder according to claim 1 and alternately receiving and making sealing contact with at least a first pen having a first larger diameter and a second pen having a second smaller diameter (figures 4 and 5; ¶ [0066]).
Allowable Subject Matter
Claims 2-3, 5-6, 8-10, 13-14, and 16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 13 is allowed primarily because the prior art of record cannot anticipate Applicant’s claimed invention by a single reference nor render Applicant’s claimed invention obvious by the combination of more than one reference.
The prior art of record, Moeck (US 20150041350A1), does not teach “a system wherein the sealing portion has or forms a first sealing segment which is provided and designed to make radially circumferentially sealing contact with the first pen, and has or forms a second sealing segment which is provided and designed to make radially circumferentially sealing contact with the second pen, the second sealing segment being spaced farther from the insertion opening in the longitudinal direction than the first sealing segment” as within the context of the claimed invention as disclosed and within the context of the other limitations present in claim 13.
Therefore, the prior art of record cannot anticipate Applicant’s claimed invention by a single reference nor render Applicant’s claimed invention obvious by the combination of more than one reference.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's
disclosure. The prior art cited on PTO-892 disclose subject matter related to various types of pen/marker/pencil holders which are related to the instant invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NOAH J ARIF whose telephone number is (571)272-9620. The examiner can normally be reached 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Paul R Durand can be reached at (571)272-4459. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NOAH JACOB ARIF/ Examiner, Art Unit 3754
/PAUL R DURAND/ Supervisory Patent Examiner, Art Unit 3754 June 16, 2026
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