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 § 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.
Claim(s) 1-5 and 7-10 as best understood, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schwertfeder (US 2,764,334) which in figures 1 and 2 below disclose the following claimed invention:
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In re claim 1: a container tray A capable of placing a plurality of contained objects 2 thereon, the container tray A comprising: a plurality of placement regions 1, each placement region 1 configured to hold a corresponding contained object 2, wherein, when the contained object 2 is placed in the placement region 1, the placement region 1 is configured to form a container recess part B whose center part is depressed, and wherein the container recess part B is composed of a plurality of placement surfaces C which are regionally separated from each other and are deformable (see figures 1 and 2 above).
In re claim 2: a plurality of protrusion parts D that protrude upward from a tray bottom surface E, and wherein the placement surfaces C are included on the protrusion parts D (see figures 1 and 2 above).
In re claim 3: each placement surface C is an inclined surface C, wherein each inclined surface C increases height an inner side of the container recess part B towards an outer side of the container recess part B (see figures 1 and 2 above).
In re claim 4: a non-placement part on a center of the container recess part B, the non-placement part F is provided in which there is no placement surface (see figures 1 and 2 above).
In re claim 5: the plurality of placement surfaces C have identical shapes (see figures 1 and 2 above).
In re claim 7: the non-placement part has an opening G (see figures 1 and 2 above).
In re claim 8: a plurality of support parts H which support lower parts of the plurality of placement surfaces C (see figures 1 and 2 above).
In re claim 9: an upper part tray A which has the container recess part B and the support parts H, wherein the upper part tray A is configured to hold the contained objects 3; and a lower part tray I which is arranged below the upper part tray A and has a base part J supporting the support part H from below (see figures 1 and 2 above).
In re claim 10: an inner tray A which has the container recess part B wherein the inner tray A which is configured to hold the contained object 3; and an outer tray I which has a box-shape I with an upper surface K being opened (fig.3) and contains the inner tray A therein (see figures 1 and 2 above).
Claim(s) 1-2 and 6 as best understood, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lehmann (US 3,447,731) which in figures 1-6 disclose the following claimed invention:
In re claim 1: a container tray 1 capable of placing a plurality of contained objects 17 thereon, the container tray 1 comprising: a plurality of placement regions (region defined by 5), each placement region configured to hold a corresponding contained object 17, wherein, when the contained object 17 is placed in the placement region, the placement region is configured to form a container recess part 5 whose center part 9 is depressed, and wherein the container recess part 5 is composed of a plurality of placement surfaces (inner surfaces of 5) which are regionally separated from each other (each recess or by 6 within each recess) and are deformable (made of plastic) (see figures 1-4).
In re claim 2: a plurality of protrusion parts 11 that protrude upward from a tray bottom surface 8, and wherein the placement surfaces (inner surfaces of 5) are included in the protrusion parts 11 (see figures 1-4).
In re claim 6: an upper part tray (top 1) configured to hold the contained objects 17 , wherein the upper part tray (top 1) has the protrusion parts 11; and a lower part tray (bottom 1) which is arranged below the upper part tray (top 1), wherein the lower part tray (bottom 1) has a convex part (top 5) which contacts a top part of the protrusion parts 11 from below and does not contact the placement surfaces (inner surfaces of 5) of the protrusion parts 11 (see figures 5 and 6).
Response to Arguments
Applicant's arguments filed 06/16/2026 have been fully considered but they are not persuasive. In regards to the Applicant’s arguments regarding “regionally separated”, The Examiner disagrees because as currently claimed the structure as disclosed in the prior art is considered regionally separated, the claim does not include any specific structure that include gaps or voids between the regions.
In accordance with MPEP 2111.01, during examination, the claims must be interpreted as broadly as their terms reasonably allow. In re American Academy of Science Tech Center, 367 F.3d 1359, 1369, 70 USPQ2d 1827, 1834 (Fed. Cir. 2004).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERNESTO A GRANO whose telephone number is (571)270-3927. The examiner can normally be reached M-F 7:00-3:30 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Stashick can be reached at (571)272-4561. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERNESTO A GRANO/ Primary Examiner, Art Unit 3735
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