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 .
Election Restriction
Applicant’s election (without traverse) of Species 3 (i.e., FIG. 3A - FIG. 3T) in the reply filed on March 9, 2026 is acknowledged. Applicant timely traversed the restriction requirement in the aforementioned reply. Claims 1-27 are pending and claims 1-11, 14-24 will be examined. The election is therefore made FINAL.
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) 1-4, 14-16 is/are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Maietta (U. S. Patent Application Publication US20060006091A1) hereinafter MAIETTA.
Regarding claim 1, MAIETTA teaches (see FIG. 1, FIG. 2, FIG. 2A, FIG. 2B, FIG. 3, FIG. 3A, FIG. 6, FIG. 13 below) a container assembly 10, comprising:
an outer shell 18 forming an interior cavity M2-01;
an inner tray 20 dimensioned to be received within the interior cavity M2-01 of the outer shell 18,
wherein the inner tray 20 is rotatably coupled (FIG. 2) to the outer shell 18 and configured to rotate between an open configuration (FIG. 2) and a closed configuration (FIG. 1); and
a plurality of gripping members 318 disposed within the inner tray 20, the gripping members 318 being capable to be structured to flex outwardly to receive an item 330 placed in the inner tray 20 and apply an inward force to the item 330 to releasably secure the item 330 within the inner tray 20.
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Regarding claim 2, MAIETTA teaches (see FIG. 1, FIG. 2, FIG. 2A, FIG. 2B, FIG. 3, FIG. 3A, FIG. 6, FIG. 13 above) container assembly 10, wherein the inner tray 20 is connected to the outer shell 18 at one or more pivot points 46a, 46b, 48.
Regarding claim 3, MAIETTA teaches (see FIG. 1, FIG. 2, FIG. 2A, FIG. 2B, FIG. 3, FIG. 3A, FIG. 6, FIG. 13 above) container assembly 10, wherein the outer shell 18 comprises one or more pivot ports 46a, 46b, wherein the inner tray 20 comprises one or more pivot posts 48 received within the one or more pivot ports 46a, 46b.
Regarding claim 4, MAIETTA teaches (see FIG. 1, FIG. 2, FIG. 2A, FIG. 2B, FIG. 3, FIG. 3A, FIG. 6, FIG. 13 above) container assembly 10, further comprising a locking member 64 extending from a side surface of the inner tray 20, the locking member 64 being positioned to slide into and engage with a locking port M3A-01 formed in a sidewall of the outer shell 18 to releasably secure the inner tray 20 within the outer shell 18.
Regarding claim 14, MAIETTA teaches (see FIG. 1, FIG. 2, FIG. 2A, FIG. 2B, FIG. 3, FIG. 3A, FIG. 6, FIG. 13 above) a container assembly 10, comprising:
an outer shell 18 forming an interior cavity M2-01;
an inner tray 20 dimensioned to be received within the interior cavity M2-01 of the outer shell 18;
a plurality of gripping members 318 disposed within the inner tray 20, the gripping members 318 being capable to be structured to flex outwardly to receive an item 330 placed in the inner tray 20 and apply an inward force to the item 330 to releasably secure the item 330 within the inner tray 20; and
a locking member 64 extending from a side surface of the inner tray 20, the locking member 64 being positioned to slide into and engage with a locking port M3A-01 formed in a sidewall of the outer shell 18 to releasably secure the inner tray 20 within the outer shell 18.
Regarding claim 15, MAIETTA teaches (see FIG. 1, FIG. 2, FIG. 2A, FIG. 2B, FIG. 3, FIG. 3A, FIG. 6, FIG. 13 above) container assembly 10, wherein the inner tray 20 is connected to the outer shell 18 at one or more pivot points 46a, 46b, 48, wherein the inner tray 20 is configured to rotate around the one or more pivot points 46a, 46b, 48 when the locking member 64 is not engaged with the locking port M3A-01.
Regarding claim 16, MAIETTA teaches (see FIG. 1, FIG. 2, FIG. 2A, FIG. 2B, FIG. 3, FIG. 3A, FIG. 6, FIG. 13 above) container assembly 10, wherein the outer shell 18 comprises one or more pivot ports 46a, 46b, wherein the inner tray 20 comprises one or more pivot posts 48 received within the one or more pivot ports 46a, 46b.
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(s) 5-8, 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over MAIETTA.
Regarding claim 5, MAIETTA (as applied to claim 1 above) teaches all the limitations of the claim. MAIETTA further teaches (see FIG. 1, FIG. 2, FIG. 2A, FIG. 2B, FIG. 3, FIG. 3A, FIG. 6, FIG. 13 above) container assembly 10, wherein the plurality of gripping members 318 comprise a plurality of rectilinear arms extending from one or more inner walls (FIG. 13) of the inner tray 20.
MAIETTA fails to teach plurality of gripping members 318 comprise a plurality of curved arms extending from one or more inner walls (FIG. 13) of the inner tray 20.
However, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified plurality of gripping members 318 in the container assembly 10 of MAIETTA to comprise curved arms towards meetings design requirements since a change of form / shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ47.
Regarding claim 6, MAIETTA (as applied to claim 5 above) teaches all the limitations of the claim. MAIETTA further teaches (see FIG. 1, FIG. 2, FIG. 2A, FIG. 2B, FIG. 3, FIG. 3A, FIG. 6, FIG. 13 above) container assembly 10, wherein the plurality of gripping members 318 comprise a first pair 318 of gripping members 318 extending from a first sidewall M13-01 of the inner tray 20 and a second pair 318 of gripping members 318 extending from a second sidewall M13-02 of the inner tray 20.
Regarding claim 7, MAIETTA (as applied to claim 5 above) teaches all the limitations of the claim. MAIETTA further teaches (see FIG. 1, FIG. 2, FIG. 2A, FIG. 2B, FIG. 3, FIG. 3A, FIG. 6, FIG. 13 above) container assembly 10, wherein each of the plurality of gripping members 318 comprises a textured surface configured to grip the item 330 placed in the inner tray 20.
Regarding claim 8, MAIETTA (as applied to claim 5 above) teaches all the limitations of the claim. MAIETTA further teaches (see FIG. 1, FIG. 2, FIG. 2A, FIG. 2B, FIG. 3, FIG. 3A, FIG. 6, FIG. 13 above) container assembly 10, wherein the plurality of gripping members 318 are formed of polypropylene (page 16, para. [0046], lines 1-8, “... polymeric ...”).
Regarding claim 17, MAIETTA (as applied to claim 14 above) teaches all the limitations of the claim. MAIETTA further teaches (see FIG. 1, FIG. 2, FIG. 2A, FIG. 2B, FIG. 3, FIG. 3A, FIG. 6, FIG. 13 above) container assembly 10, wherein the plurality of gripping members 318 comprise a plurality of rectilinear arms extending from one or more inner walls (FIG. 13) of the inner tray 20.
MAIETTA fails to teach plurality of gripping members 318 comprise a plurality of curved arms extending from one or more inner walls (FIG. 13) of the inner tray 20.
However, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified plurality of gripping members 318 in the container assembly 10 of MAIETTA to comprise curved arms towards meetings design requirements since a change of form / shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ47.
Regarding claim 18, MAIETTA (as applied to claim 17 above) teaches all the limitations of the claim. MAIETTA further teaches (see FIG. 1, FIG. 2, FIG. 2A, FIG. 2B, FIG. 3, FIG. 3A, FIG. 6, FIG. 13 above) container assembly 10, wherein the plurality of gripping members 318 comprise a first pair 318 of gripping members 318 extending from a first sidewall M13-01 of the inner tray 20 and a second pair 318 of gripping members 318 extending from a second sidewall M13-02 of the inner tray 20.
Regarding claim 19, MAIETTA (as applied to claim 17 above) teaches all the limitations of the claim. MAIETTA further teaches (see FIG. 1, FIG. 2, FIG. 2A, FIG. 2B, FIG. 3, FIG. 3A, FIG. 6, FIG. 13 above) container assembly 10, wherein each of the plurality of gripping members 318 comprises a textured surface configured to grip the item 330 placed in the inner tray 20.
Regarding claim 20, MAIETTA (as applied to claim 17 above) teaches all the limitations of the claim. MAIETTA further teaches (see FIG. 1, FIG. 2, FIG. 2A, FIG. 2B, FIG. 3, FIG. 3A, FIG. 6, FIG. 13 above) container assembly 10, wherein the plurality of gripping members 318 are formed of polypropylene (page 16, para. [0046], lines 1-8, “... polymeric ...”).
Claim(s) 9-11, 21-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over MAIETTA, in view of Hirschmann et al. (U. S. Patent Application Publication US20230364324A1) hereinafter HIRSCHMANN.
Regarding claim 9, MAIETTA (as applied to claim 1 above) teaches all the limitations of the claim. MAIETTA fails to teach (see FIG. 1, FIG. 2, FIG. 2A, FIG. 2B, FIG. 3, FIG. 3A, FIG. 6, FIG. 13 above) container assembly 10, further comprising a tamper-evident tab.
However, HIRSCHMANN teaches (see Fig. 1, Fig. 18 - Fig. 19 below) a closure container 10, further comprising a tamper-evident tab 130 for securement purposes.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have modified container assembly 10 of MAIETTA with closure container 10 of HIRSCHMANN for securement purposes.
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Regarding claim 10, MAIETTA and HIRSCHMANN (as applied to claim 9 above) teaches all the limitations of the claim. The combination of MAIETTA (see FIG. 1, FIG. 2, FIG. 2A, FIG. 2B, FIG. 3, FIG. 3A, FIG. 6, FIG. 13 above) and HIRSCHMANN (see Fig. 1, Fig. 18 - Fig. 19 above) further teaches container assembly 10, wherein the tamper-evident tab 130 is removably attached to a side wall of the outer shell 18.
Regarding claim 11, MAIETTA and HIRSCHMANN (as applied to claim 9 above) teaches all the limitations of the claim. The combination of MAIETTA (see FIG. 1, FIG. 2, FIG. 2A, FIG. 2B, FIG. 3, FIG. 3A, FIG. 6, FIG. 13 above) and HIRSCHMANN (see Fig. 1, Fig. 18 - Fig. 19 above) further teaches container assembly 10, wherein the tamper-evident tab 130 is mechanically joined to the outer shell 18.
Regarding claim 21, MAIETTA (as applied to claim 14 above) teaches all the limitations of the claim. MAIETTA fails to teach (see FIG. 1, FIG. 2, FIG. 2A, FIG. 2B, FIG. 3, FIG. 3A, FIG. 6, FIG. 13 above) container assembly 10, further comprising a tamper-evident tab.
However, HIRSCHMANN teaches (see Fig. 1, Fig. 18 - Fig. 19 above) a closure container 10, further comprising a tamper-evident tab 130 for securement purposes.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have modified container assembly 10 of MAIETTA with closure container 10 of HIRSCHMANN for securement purposes.
Regarding claim 22, MAIETTA and HIRSCHMANN (as applied to claim 21 above) teaches all the limitations of the claim. The combination of MAIETTA (see FIG. 1, FIG. 2, FIG. 2A, FIG. 2B, FIG. 3, FIG. 3A, FIG. 6, FIG. 13 above) and HIRSCHMANN (see Fig. 1, Fig. 18 - Fig. 19 above) further teaches container assembly 10, wherein the tamper-evident tab 130 is removably attached to a side wall of the outer shell 18.
Regarding claim 23, MAIETTA and HIRSCHMANN (as applied to claim 22 above) teaches all the limitations of the claim. The combination of MAIETTA (see FIG. 1, FIG. 2, FIG. 2A, FIG. 2B, FIG. 3, FIG. 3A, FIG. 6, FIG. 13 above) and HIRSCHMANN (see Fig. 1, Fig. 18 - Fig. 19 above) further teaches container assembly 10, wherein the tamper-evident tab 130 prevents separation of the outer shell 18 and the inner tray 20 while attached to the side wall of the outer shell 18.
Regarding claim 24, MAIETTA and HIRSCHMANN (as applied to claim 21 above) teaches all the limitations of the claim. The combination of MAIETTA (see FIG. 1, FIG. 2, FIG. 2A, FIG. 2B, FIG. 3, FIG. 3A, FIG. 6, FIG. 13 above) and HIRSCHMANN (see Fig. 1, Fig. 18 - Fig. 19 above) further teaches container assembly 10, wherein the tamper-evident tab 130 is mechanically joined to the outer shell 18.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Markovic (U. S. Patent Application Publication US20120160727A1): teaches a “product” with similar characteristics as the claimed invention.
Kaiser et al. (U. S. Patent Application Publication US20090272659A1): teaches a “case” with similar characteristics as the claimed invention.
Gelardi (U. S. Patent Application Publication US20090218362A1): teaches a “package” with similar characteristics as the claimed invention.
Smith (U. S. Patent Application Publication US20060186004A1): teaches a “container” with similar characteristics as the claimed invention.
Contact
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARCOS JAVIER RODRIGUEZ MOLINA whose telephone number is (571) 272-8947. The examiner can normally be reached M-F: 7:30 AM to 5:30 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ANTHONY D. STASHICK can be reached on (571) 272-4561. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit ttps://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/M.J.R.M./
/Anthony D Stashick/Supervisory Patent Examiner, Art Unit 3735
Prosecution Insights