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 .
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 1-6, 12 and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Chen (DE 202008016448) in view of Holford(GB 2506124).
Regarding claim 1, Chen (figs. 1-6) discloses a packaging box 1 comprising:
a first box 1 comprising a base and a sidewall disposed along a periphery of the base and having a first through hole 5 and a surface that faces the base and is opened;
a second box 3 movable with respect to the first box 2 and configured to be changeable into a first state exposing at least a portion of the first box by moving in a first direction with respect to the first box and a second state covering the first box by moving in a second direction opposite to the first direction with respect to the first box;
and a limiter or guide 4 penetrating the first through hole 5; wherein another end of the guide is fastened to a portion of an inner surface of the second box 3 facing the first box 2.
Chen fails to disclose:
an elastic structure disposed on the base, the elastic structure comprising: an elastic portion pressed by the second box moving in the first direction; and
the guide penetrating the elastic portion and the first through hole and guiding deformation of the elastic portion, wherein an end of the guide contacts with an end of the elastic portion.
However, Holford teaches a resilient spring/ biasing member having a damper 63, 73 that may be positioning in the middle of the spring (figs. 2-10 and page 33, lines 6-9).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed, to have included a spring and centrally positioned the guide of Chen, to provide controlled and biased movement of the second box during opening and closing as taught by Holford.
Regarding claim 2, the modified Chen further discloses the elastic portion comprising a zigzag shaped plate of which a plurality of surfaces are connected with each other, and wherein the guide penetrates the plurality of surfaces (fig. 2 of Holford).
Regarding claim 3, the modified Chen further discloses the elastic portion being pressed through the guide with the second box moving in the first direction, and wherein the plurality of surfaces face each other through the elastic portion being pressed (figs. 2-10 and page 33, lines 6-9 of Holford).
Regarding claim 4, Chen further discloses a length of a portion of the guide disposed in the first box with the second box in the first state is shorter than a length of a portion of the guide disposed in the first box with the second box in the second state (figs. 4-5).
Regarding claim 5, the modified Chen further discloses a cover disposed in the first box and covering the elastic portion and a portion of the guide and guiding deformation of the elastic structure (fig. 1 of Chen).
Regarding claim 6, the modified Chen further discloses the elastic structure comprises paper material (fig. 2).
Regarding claim 12, Chen further discloses the second box 3 comprises an inner wall including a second through hole 6 facing the first through hole 5 and facing the first box 2 and an outer wall facing an outside of the packaging box, wherein the guide 4 further comprises a fastening portion disposed in a space between the inner wall and the outer wall by penetrating the second through hole and extending in a direction perpendicular to the first direction within the space (figs. 1-6).
Regarding claim 14, the modified Chen further discloses the guide comprises a pressure plate disposed on the end of the guide, and wherein the elastic portion is configured to be pressed through the pressure plate as the second box moves (fig. 9B of Holford).
Regarding claim 15, the modified Chen further discloses the elastic portion comprises a zigzag shaped plate of which a plurality of surfaces connect with each other, and wherein the pressure plate is disposed between two surfaces facing each other among the plurality of surfaces (fig. 2 of Holford).
Claims 7-11, 13 and 16-19 are rejected under 35 U.S.C. 103 as being unpatentable over Chen (DE 202008016448) in view of Holford(GB 2506124) further in view of Simos (US 1,758,338).
Regarding claims 7-9, the modified Chen discloses all elements of the claimed invention except for: an inner box spaced apart from the base in the first box and configured to be movable with respect to the first box in a third direction facing toward the surface and perpendicular to the first direction; and a band contacting a surface of the inner box facing the base, wherein the band is configured to move the inner box in the third direction as the second box moves in the first direction;
wherein an end of the band contacts with a portion of the inner surface of the second box and is spaced apart from the sidewall in the first direction as the second box moves in the first direction;
wherein the elastic portion is disposed in a space between the inner box and the base.
However, Simos teaches an elastic member 9 to bias an inner box 8 (figs. 3-4).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed, to have provided an elastic member to bias the content towards the opening, as taught by Simos.
Regarding claim 10, Chen further discloses a third box 3, facing the second box 3, movable with respect to the first box 2 and configured to expose at least a portion of the first box 2 with the second box in the first state by moving in the second direction with respect to the first box and configured to cover the first box together with the second box with the second box in the second state by moving in the first direction with respect to the first box (figs. 1-5).
Regarding claim 11, the modified Chen further discloses by moving in the third direction, the inner box is configured to limit moving of the second box in the second direction and to limit moving of the third box in the first direction (fig. 1 of He).
Regarding claim 13, the modified Chen discloses all elements of the claimed invention except for:
an inner box spaced apart from the base in the first box; and a guide member disposed on the sidewall of the first box and guiding a seating position of the inner box.
Simos teaches an elastic member 9 to bias an inner box 8 (figs. 3-4).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed, to have provided an elastic member to bias the content towards the opening, as taught by Simos.
Regarding claim 16, Chen (figs. 1-6) discloses a packaging box 1 comprising:
a first box 2 comprising a base, a first sidewall having a first through hole 5 , a second sidewall having a second through hole 5 facing the first through hole 5 and a surface that faces the base and is opened, wherein the first sidewall and the second sidewall are disposed along a periphery of the base;
a second box 3 movable with respect to the first box 2;
a third box 3 movable with respect to the first box 2 in a direction opposite to a direction of movement of the second box 3;
and a limiter or guide 4.
Chen fails to disclose:
an inner box disposed in the first box, spaced apart from the base and movable with respect to the first box in a direction facing the surface;
an elastic structure disposed in a space between the inner box and the base; and a band contacting a surface of the inner box facing the base, wherein the elastic structure includes: a first elastic portion configured to be pressed by moving of the second box; a first guide fastened to a portion of the second box by penetrating the first elastic portion and the first through hole and guiding deformation of the first elastic portion; a second elastic portion configured to be pressed by moving of the third box; and a second guide fastened to a portion of the third box by penetrating the second elastic portion and the second through hole and guiding deformation of the second elastic portion, wherein an end of the first guide contacts with an end of the first elastic portion, and wherein an end of the second guide contacts with an end of the second elastic portion.
However, Holford teaches a resilient spring/ biasing member having a damper 63, 73 that may be positioning in the middle of the spring (figs. 2-10 and page 33, lines 6-9).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed, to have included a spring and centrally positioned the guide of Chen, to provide controlled and biased movement of the second box during opening and closing as taught by Holford.
Further, Simos teaches an elastic member 9 to bias an inner box 8 (figs. 3-4).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed, to have provided an elastic member to bias the content towards the opening, as taught by Simos.
Regarding claim 17, Chen further discloses the second and third boxes 3 are configured to be changeable by moving with respect to the first box 2 to:
a first state exposing at least a portion of the first box as the second box moves in a first direction and the third box moves in a second direction opposite to the first direction; and
a second state covering the first box as the second box moves in the second direction and the third box moves in the first direction (figs. 1-6).
Regarding claim 18, the modified Chen further discloses the second and third boxes 3 in the first state, the inner box (of He) is configured to limit moving of the second box in the second direction and to limit moving of the third box in the first direction (fig. 1 of Chen and 1 of He).
Regarding claim 19, It has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Chen (DE 202008016448) in view of Yan (CN202828526) further in view of Simos (US 1,758,338).
Regarding claim 20, Chen (figs. 1-6) discloses a packaging box 1, comprising:
a first box 2 having an interior and an open top and comprising opposed sides defining through-holes 5;
second and third boxes 3 having open sides and being disposable in: first positions in which the second and third boxes are withdrawn to expose the interior through the open top, and second positions in which the second and third boxes contact and receive opposite sides of the first box in respective interiors thereof through the open sides to close the open top; and
a limiter or guide 4.
Chen fails to disclose:
the limiter 4 being a first elastics disposed through the through-holes to bias the second and third boxes toward the second positions;
an inner box disposable in the interior; and
second elastics to bias the inner box outwardly from the interior with the second and third boxes occupying the first positions.
However, Yan teaches an elastic member 8 being used to bias box portions together (figs. 1-2).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed, to have made the limiter of Chen an elastic member, to provide controlled and biased movement of the second box during opening and closing.
Further, Simos teaches an elastic member 9 to bias an inner box 8 (figs. 3-4).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed, to have provided an elastic member to bias the content towards the opening, as taught by Simos.
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 BLAINE GIRMA NEWAY whose telephone number is (571)270-5275. The examiner can normally be reached Monday - Friday 9:00 AM- 5:00PM.
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/BLAINE G NEWAY/Examiner, Art Unit 3735
/Anthony D Stashick/Supervisory Patent Examiner, Art Unit 3735
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