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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "10" and "14" have both been used to designate lid and the outer container. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claim 6 is 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 6 recites the limitation " the first and second contact edges of the second storage layer element are linear in shape and provide horizontal support elements " in lines 2-3. There is insufficient antecedent basis for this limitation in the claim because applicant never claims the first and second contact edges of the second storage layer in claim 6 or claim 1. For purpose of examination, the limitation will be interpreted as “the second storage layer element comprises a first contact edge and second contact edge that are capable of being linear in shape and provide horizontal support elements”.
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) 1-11 and 13-15is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tsukii (US20120043249A1).
Regarding claim 1, Tsukii teaches a smoking articles storage box (see annotated fig.1 of Tsukii below for a storage box capable of holding smoking articles), comprising:
a. an outer container having a base portion and a lid portion (see annotated fig.1 of Tsukii below for outer container having a base and lid portion);
b. a first storage layer element, arranged within the base portion at a lower level, wherein the first storage layer element comprises a first contact edge at one side and a second contact edge at an opposite side thereof (see annotated fig.1 of Tsukii below for a 1st storage layer element arranged within the base portion at the lower level when assembled and a have two contact edges opposite of each other);
c. a second storage layer element, removably arranged within the base portion at a higher level (see annotated fig.1 of Tsukii below for a second storage layer removably arranged within the base portion at a higher level since it’s the most upper later of the assembly); and
d. a flat or cuboid intermediate layer element, positioned between the first storage layer element and the second storage layer element (see annotated fig.1 of Tsukii below for a flat intermediate layer positioned between the first and second layer element).
Annotated fig.1 of Tsukki
PNG
media_image1.png
754
902
media_image1.png
Greyscale
Regarding claim 2, the references as applied to claim 1 above discloses all the limitations substantially claimed. Tsukii further teaches wherein the first and second contact edges form support elements for the second storage layer element and the intermediate layer element within the storage box (see annotated fig.1 of Tsukii above where the two contact edges form support element for the second layer and the intermediate layer in the storage box).
Regarding claim 3, the references as applied to claim 1 above discloses all the limitations substantially claimed. Tsukii further teaches wherein the first storage layer element further comprises an upper surface that has a concave shape (see annotated fig.1 of Tsukii above for the upper surface that is concave in shape).
Regarding claim 4, the references as applied to claim 3 above discloses all the limitations substantially claimed. Tsukii further teaches wherein the first storage layer element provides a space above the upper surface and between the first and second contact edges (see annotated fig.1 of Tsukii above where space will be proved above the upper surface between the first and second contact edges).
Regarding claim 5, the references as applied to claim 4 above discloses all the limitations substantially claimed. Tuskii further teaches wherein the second storage layer element comprises a first contact edge at one side and a second contact edge at an opposite side thereof, wherein the first and second contact edges of the second storage layer element form support elements for the second storage layer element (see annotated fig.1 above where the second layer has a first and second contact edges opposite of each other and the first and second contact edges form support elected for the second layer).
Regarding claim 6, as best understood based on 112 issue identified above, the references as applied to claim 1 above discloses all the limitations substantially claimed. Tsukii further teaches wherein the first and second contact edges of the first storage layer element and the second storage layer element comprises a first contact edge and second contact edge that are capable of being linear in shape and provide horizontal support elements (see annotated fig.2 of Tsukii above for the first and second contact edges of the two layers and they are capable of being linear in shape and provide horizontal support elements).
Regarding claim 7, the references as applied to claim 1 above discloses all the limitations substantially claimed. Tsukii further teaches wherein the first and second contact edges of the first storage layer element are located adjacent to inner surfaces of opposing side walls of the base portion, respectively (see annotated fig.1 above where the first and second contact edges of the first layer are located adjacent to the inner surface of the side walls 28 and 24).
Regarding claim 8, the references as applied to claim 1 above discloses all the limitations substantially claimed. Tuskii further teaches wherein the second storage layer element comprises a lower surface that has a concave shape (see annotated fig.1 above the surface 50 is concave shape; it is noted applicant has not given references to upper and lower surfaces).
Regarding claim 9, the references as applied to claim 1 above discloses all the limitations substantially claimed. Tuskii further teaches wherein the second storage layer element comprises a grip hole for facilitating removing the second storage layer element out of the base portion (see annotated fig.1 of Tuskii above for the grip hole).
Regarding claim 10, the references as applied to claim 1 above discloses all the limitations substantially claimed. Tuskii further teaches wherein each of the first and second storage layer elements comprises at least one recess for holding an item (see annotated fig.1 above where ethe two layer comprises cavities for holding an item).
Regarding claim 11, the references as applied to claim 1 above discloses all the limitations substantially claimed. Tuskii further teaches wherein the first storage layer element and the second storage layer element each has a substantially rectangular footprint, adapted to an inside of the base portion (see annotated fig.1 above where the first and second layers are substantially rectangular).
Regarding claim 13, the references as applied to claim 1 above discloses all the limitations substantially claimed. Tuskii further teaches wherein the lid portion is a slip lid (see annotated fig.1 above for the lid to be slip lid and it can be slipped off; it is noted that applicant has not defined what a slip lid is in the claims).
Regarding claim 14, the references as applied to claim 13 above discloses all the limitations substantially claimed. Tuskii further teaches wherein the slip lid has a height that is equal to or larger than a height of the base portion (see annotated fig.1 above where the lid has a height equal to the base portion).
Regarding claim 15, the references as applied to claim 1 above discloses all the limitations substantially claimed. Tuskii further teaches wherein the lid portion is hinged to the base portion (see annotated fig.1 above where the lip portion is hinged).
Claim(s) 1,8 and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Koike (US20040094448A1).
Regarding claim 1, Koike teaches a smoking articles storage box (see annotated fig.1 of Koike below for a storage box capable of holding smoking articles), comprising:
a. an outer container having a base portion and a lid portion (see annotated fig.1 of Koike below for outer container having a base and lid portion);
b. a first storage layer element, arranged within the base portion at a lower level, wherein the first storage layer element comprises a first contact edge at one side and a second contact edge at an opposite side thereof (see annotated fig.1 of Koike below for a 1st storage layer element arranged within the base portion at the lower level when assembled and a have two contact edges opposite of each other);
c. a second storage layer element, removably arranged within the base portion at a higher level (see annotated fig.1 of Koike below for a second storage layer removably arranged within the base portion at a higher level since it’s the most upper later of the assembly); and
d. a flat or cuboid intermediate layer element, positioned between the first storage layer element and the second storage layer element (see annotated fig.1 of Koike below for a cuboid intermediate layer positioned between the first- and second-layer element).
Annotated fig.1 of Koike
PNG
media_image2.png
768
720
media_image2.png
Greyscale
Regarding claim 8, the references as applied to claim 1 above discloses all the limitations substantially claimed. Koike further teaches wherein the second storage layer element comprises a lower surface that has a concave shape (see annotated fig.1 above the second storage layer comprises a lower surface that has a concave as some elements protrude up).
Regarding claim 12, the references as applied to claim 1 above discloses all the limitations substantially claimed. Koike further teaches wherein the intermediate layer element comprises a hollow interior space which can be opened (see annotated fig.1 of Koike above for the intermediate layer comprising a hollow interior space that can be opened).
Conclusion
See PTO-892 for 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 PRINCE PAL whose telephone number is (571)272-7525. The examiner can normally be reached M-Th, 9:30 AM - 7:30 PM (EST).
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 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 https://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.
/PRINCE PAL/Examiner, Art Unit 3735