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 .
DETAILED ACTION
Election/Restrictions
Applicant's election with traverse of Group I, Claims 1-18, in the reply filed on 2/19/2026 is acknowledged. The traversal is on the ground(s) that they are not patentably distinct since inventions overlap and they are functionally interrelated and demonstrate a functional cooperating relationship. This is not found persuasive because it does not address how the combination claim set does not require the particulars of the subcombination. And as a result, searching the two claim sets would be a search burden, as discussed in section 1(c) of the previous Office Action. The requirement is still deemed proper and is therefore made FINAL.
Claims 19 and 20 are withdrawn and Claims 1-18 are pending.
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.
Claims 8 and 13 are 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 8 recites the limitation "the floor" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim. It is suggested that Applicant amend the claim to recite “a floor.”
Claim 13 recites the limitation "the one or more tracks" in line 1. There is insufficient antecedent basis for this limitation in the claim. It is suggested that Applicant amend the claim to depend from Claim 12 to correct this issue.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-8, 11-13, 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent App. No. 2024/0335936 to Chuang (Chuang).
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Regarding Claim 1: Chuang discloses a vessel, comprising: four sidewalls (See Annotated Fig. A); a base (See Annotated Fig. A), the base having an outer perimeter edge, the outer perimeter edge of the base is connected to the four sidewalls (See Annotated Fig. A) to form a chamber (See Annotated Fig. A), the chamber having an inner wall, the base having an opening (See Annotated Fig. A) bordering a compartment (See Annotated Fig. A), the compartment having an anchoring structure (See Annotated Fig. B); a first rod (See Annotated Fig. A), the first rod is removably connected to the anchoring structure; a support structure (See Annotated Fig. A), the support structure is connected to the first rod, the support structure is configured to receive at least a portion of a hairpiece; and a cover (See Annotated Fig. A), the cover is removably connected to the four sidewalls.
Regarding Claim 2: Chuang discloses a vessel of claim 1, wherein the base having a radiused wall (See Annotated Fig. A).
Regarding Claim 3: Chuang discloses a vessel of claim 1, wherein the cover is hingedly pivotable (See Annotated Fig. A).
Regarding Claim 4: Chuang discloses a vessel of claim 1, wherein the cover is substantially planar (See Annotated Fig. A).
Regarding Claim 5: Chuang discloses a vessel of claim 1, wherein the chamber having multiple compartments (See Annotated Fig. A) divided by one or more dividers (See Annotated Fig. A).
Regarding Claim 6: Chuang discloses a vessel of claim 1, further comprising: one or more shelving units (See Annotated Fig. A), the one or more shelving units are connected to the inner wall of the chamber (See Annotated Fig. A).
Regarding Claim 7: Chuang discloses a vessel of claim 1, further comprising: a handle (See Annotated Fig. A), the handle is connected to one side wall of the four side walls, the handle is configured to be grasped by a user.
Regarding Claim 8: Chuang discloses a vessel of claim 1, wherein the anchoring structure (See Annotated Fig. B) is a protrusion (See Annotated Fig. B) extending from the floor of the compartment.
Regarding Claim 11: Chuang discloses a vessel of claim 1, wherein the first rod having a substantially central bore (See Annotated Fig. B), at least a portion of the substantially central bore of the first rod is configured to be received by the anchoring structure (See Annotated Fig. B) during installation.
Regarding Claim 12: Chuang discloses a vessel of claim 1, wherein the support structure having one or more tracks (See Annotated Fig. A), the one or more tracks are configured to expand and retract (the hooks of the support structure can be moved with respect to one another and/or with respect to the rod) a first portion of the support structure and a second portion of the support structure.
Regarding Claim 13: Chuang discloses a vessel of claim 1, wherein the one or more tracks (See Annotated Fig. A) having one or more openings (See Annotated Fig. A) configured to receive a fastener (See Annotated Fig. B).
Regarding Claim 15: Chuang discloses a vessel of claim 1, wherein the support structure having a receiving structure (See Annotated Fig. B), the receiving structure retains at least a portion of the first rod.
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.
Claim(s) 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Chuang in view of US Patent No. 8,500,074 to Cochran et al. (Cochran).
Regarding Claim 9: Chuang does not disclose the first rod configured to telescope; however, Cochran teaches a first rod (25 and 26) configured to telescope from a retracted position to an extended position. It would have been obvious to a person having ordinary skill in the art at a time before the effective date of the claimed invention to modify the apparatus of Chuang by using a telescoping first rod similar to that taught by Cochran to provide a user with easy and convenient adjustment of the support structure on the first rod.
Regarding Claim 10: Chuang discloses a vessel of claim 1, wherein the first rod (See Annotated Fig. A) having a first end located opposite a second end, the first end of the first rod is removably connected to the anchoring structure (See Annotated Fig. B)--. Chuang does not disclose the second end of the first rod is connected to a first end of a second rod. However, Cochran teaches a second end of the first rod (26) is connected to a first end of a second rod (25).
It would have been obvious to a person having ordinary skill in the art at a time before the effective date of the claimed invention to modify the apparatus of Chuang by using a telescoping first rod similar to that taught by Cochran to provide a user with easy and convenient adjustment of the support structure on the first rod.
Allowable Subject Matter
Claim 14, 16-18 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.
Reasons for Allowable Subject Matter
None of the cited prior art, considered alone or in combination, discloses or teaches: wherein the support structure having a lock and key mechanism comprising: a convex structure, the convex structure is located on the first portion of the support structure; a recess, the recess is located on the second portion of the support structure, and wherein the convex structure is configured to be received by the recess when the support structure is retracted along the one or more tracks.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. In addition to the references used in this rejection and those cited in the PTO-892, the following references are very relevant to the claimed invention: US 9204761, 7028853, 2004/0069922.
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ERET C. MCNICHOLS
Primary Examiner
Art Unit 3632
/ERET C MCNICHOLS/Primary Examiner, Art Unit 3632