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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/18/2025 (3), 07/31/2025, 08/22/2025 and 11/24/2025 are being considered by the examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “a shallowest portion of the recessed tray is immediate adjacent to a rearmost wall of the container” as claimed in claim 15 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
Specification
The following is a quotation of 37 CFR 1.71(a)-(c):
(a) The specification must include a written description of the invention or discovery and of the manner and process of making and using the same, and is required to be in such full, clear, concise, and exact terms as to enable any person skilled in the art or science to which the invention or discovery appertains, or with which it is most nearly connected, to make and use the same.
(b) The specification must set forth the precise invention for which a patent is solicited, in such manner as to distinguish it from other inventions and from what is old. It must describe completely a specific embodiment of the process, machine, manufacture, composition of matter or improvement invented, and must explain the mode of operation or principle whenever applicable. The best mode contemplated by the inventor of carrying out his invention must be set forth.
(c) In the case of an improvement, the specification must particularly point out the part or parts of the process, machine, manufacture, or composition of matter to which the improvement relates, and the description should be confined to the specific improvement and to such parts as necessarily cooperate with it or as may be necessary to a complete understanding or description of it.
The specification is objected to under 37 CFR 1.71, because failing to provide an adequate written description of the invention. The specification fails to provide “a shallowest portion of the recessed tray is immediate adjacent to a rearmost wall of the container” as recited in claim 15.
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 5, 7-8, and 13-17 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.
As to claim 5, applicant recites “the recessed tray enabling access to the item within the container without opening the lid” is not clear and not understand. The recessed tray is at the second portion of the lid and the lid is recessed, there is no opening or any access at the recessed tray that enabling access to the item within the container without opening the lid. According to applicant’s specification, “the recessed tray” is with reference number 128 and shows in Figures 2 and 4, [0035] and [0038] applicant recites “a recessed tray 128 configured to receive one or more miscellaneous personal effects on an upper surface of the lid”, ” the recessed tray 128 may be formed to avoid interference with items stored in the container. For instance, in one embodiment, the recessed tray 128 may angled or otherwise formed such that a deepest portion of the tray is immediately adjacent to a rearmost wall of the container (concealed from view at this angle). In such embodiments, a larger vertical space may be occupied within the container than otherwise possible if the recessed tray 128 maintained a consistent depth throughout” and “lid 102a to be partially separable from the container in order to permit at least one electronic device to be positioned in or removed from the container while avoiding fully removing the lid 102a and disturbing any personal effects stored in the recessed tray 128”. None of the specification suggest and teaches the limitation “the recessed tray enabling access to the item within the container without opening the lid”. For the purpose of examination, examiner will follow applicant’s specification and presumes that “the recessed tray is configured to received one or more items” and the “lid to be partially separable from the container in order to permit at least one electronic device to be positioned in or removed from the container while avoiding fully removing the lid and disturbing any personal effects stored in the recessed tray”.
As to claim 7, applicant recites “the hinged attachment” is lack of proper antecedent basis. Furthermore, it is not clear which “hinged attachment” applicant is referring to since there are there are two hinge. One between first and second portion and another one between first portion and the container. Clarification is required.
As to claim 13, applicant recites “a plug providing a seal against electromagnetic leakage from the item within the container” which is very confusing because applicant does not specific provide the location of the plug and also what this structure is use to “plug” against in order to providing a seal against electromagnetic leakage from the item within the container. Is the plug use to blocking a hole in the container? Is the plug use to block a hold in the item inside the container? Is the plug use to block a channel, pipe, or opening?. Clarification is required.
As to claim 17, applicant recites “a notch to enable connection of an external component to the item” which is also very confusing because applicant does not provide a location on where the notch is located and how a notch is enable connection of an external component to the item? Clarification is required.
As to claims 8, 14-16 are also rejected under 112 (b) due to their dependency to rejected claim 5.
Claim Rejections - 35 USC § 102
(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.
Claims 1-2, 12 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nash (9,655,419).
As to claim 1, Nash discloses a container (140, Figure 11A) comprising: a plurality of walls (146a-d) extending upward from a base (144) to define an inside and an outside of the container (Figure 11A); a lid (150) hingedly attached to a portion of the container (the lid 150 is connect to the sidewall 146b via hinge 148); and an interior wall (154) configured to secure an item within the container (the separator 154 is located inside housing 142. Separator 154 here divides housing 142 of multi-compartment holder 140 into upper and lower levels. The lower level is left generally open underneath separator 154 to receive one or more larger PCD 90, such as an iPad™ or other larger wireless communication device. The upper level is supported by the top side of separator 154, which can include, provide or be fitted with grooves or tracks to receive multiple smaller PCD's 90 as illustrated in FIG. 11A).
As to claim 2, Nash further discloses the lid configured to provide protection from electromagnetic signals to the item within the container (column 12, lines 1-6 teaches the lid is a signal blocking lid).
As to claim 12, Nash further discloses a conductive gasket disposed along an inner edge of the lid (column 12, lines 53-63 teaches a gasket 164, which in an embodiment is likewise of a shielding or blocking material, such as any of the materials discussed above in connection with material 16 and FIG. 4. Gasket 164 provides a soft, cushioned interface between housing 142 and lid 150 and also helps to ensure that no data transmission can slip into or out of any non-uniform or non-contacting area of the interface between the housing and the lid).
As to claim 18, Nash discloses an apparatus (140, Figure 11A) comprising: a plurality of walls (146a-d) extending upward from a base (144) to define an inside and an outside of the container (Figure 11A); a lid (150) hingedly attached to a portion of the apparatus (the lid 150 is connect to the sidewall 146b via hinge 148), the lid configured to provide protection from electromagnetic signals to the item within the container (column 12, lines 1-6 teaches the lid is a signal blocking lid) and an interior wall (154) configured to secure an item within the container (the separator 154 is located inside housing 142. Separator 154 here divides housing 142 of multi-compartment holder 140 into upper and lower levels. The lower level is left generally open underneath separator 154 to receive one or more larger PCD 90, such as an iPad™ or other larger wireless communication device. The upper level is supported by the top side of separator 154, which can include, provide or be fitted with grooves or tracks to receive multiple smaller PCD's 90 as illustrated in FIG. 11A).
Claims 1, 4-11 and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lanius (4,768,651).
As to claim 1, Lanius discloses a container (12) comprising: a plurality of walls (14, 16, 18 and 20) extending upward from a base (22) to define an inside and an outside of the container; a lid (86) hingedly attached to a portion of the container (the lid assembly 86 is attached to the rear wall 16 of the container via a hinge structure 92); and an interior wall (many interior walls such as 28, 54, 70, 68 are use to separate and secure items within the container).
As to claims 4-5, Lanius further discloses the lid comprising a first portion (88) and a second portion (90), the first portion (88) associated with a recessed tray, the recessed tray configured to received one or more items (the recessed in the first portion is capable of holding pen or pencils or any other objects), and the second portion of the lid (90) to be partially separable from the container in order to permit at least one items to be positioned in or removed from the container while avoiding fully removing the lid and disturbing any personal effects stored in the recessed tray (Figure 5 and Figure 6).
As to claim 6, Lanius further discloses the first portion (88) and second portion (90) are hingedly attached (hinge 98).
As to claim 7, Lanius further discloses the hinged attachment (98) of the first portion and second portion being associated with the interior wall (as shown in Figure 5 and 6, the hinge attachment 98 is associated with the interior wall 28) .
As to claim 8, Lanius further discloses the recessed tray being associated with the lid (as shown in Figures 5-6, the recess is in the first portion of the lid).
As to claim 9, Lanius further discloses a plurality of interior walls (28, 54, 70, 68), at least a portion of the plurality of interior walls having an adjustable placement (partition 54 can be remove adjustable as needed).
As to claim 10, Lanius further discloses a plurality of sub-compartments within the container, each sub-compartment enabling placement of an item (as shown in Figure 3, the adjustable partition 54 and the walls 30, 52 are forming a plurality of sub-compartment within the container for holding various items).
As to claim 11, Lanius further discloses a lock, the lock configured to secure the lid from opening when engaged (latch 82 and 84 catches latch lugs 106 on the exterior surface of the container to lock the lid against the container).
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As to claim 16, Lanius further discloses the recessed tray having a uniform depth (as shown in Figure 5).
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 3, 13 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Nash (9,655,419).
As to claims 3, 13 and 17, Nash does not specifically discloses an aperture within a wall of the plurality of walls, the aperture enabling a connection of an external item to the item and a plug providing a seal against electromagnetic leakage from the item within the container. Nevertheless, Nash discloses a different embodiment (Figure 19A), which teaches an aperture/notch form within a wall of the plurality of walls (Figure 19 A shown aperture 274C or 272C form on the container portion and/or the lid portion (272 and 274) the aperture enabling a connection of an external item to the item (the aperture enable the user to plug a charging cord into the device inside the container), and a plug (282) providing a seal against electromagnetic leakage from the item within the container. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the embodiment (Figure 11a-11b) of Nash with an aperture on one of the plurality of side wall as taught by different embodiment (Figure 19A-E) as taught by Nash in order to provide a charge aperture that enable the user to plug a charging cord into the device inside the container and a plug (282) into the opening to make holder 270 completely date transmission blocking.
Claims 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Nash (9,655,419) in view of Maldonado (2018/0327150).
As to claims 14-15, Nash does not specifically disclose the recessed tray being an angular shape, such that a deepest portion of the recessed tray is immediate adjacent to a rearmost wall of the container or the recessed tray being an angular shape, such that a shallowest portion of the recessed tray is immediate adjacent to a rearmost wall of the container. Maldonado discloses a container comprises a lid (102) comprising a lid front portion (114) and lid rear portion (116), the lid front portion is hingedly attached to the lid rear portion (via hinge 112), a recessed tray (128b) is formed at the lid back portion, the recessed tray (128b) is angled from a front of the lid rear portion adjacent the lid front portion to the lid rear portion adjacent a rearmost wall of the container (the slope portion is around the slot 120 as shown in Figure 4). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the recessed portion of Nash as modified with slope portion as taught by Maldonado in order for the item slide toward the rear of the lid so it the item will not fall out of the recess when opening the first part of the lid. With regarding to the specific location of the deepest /shallowest part of the recess. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the recess of the Nash so deepest /shallowest part of the recess are located immediate adjacent to a rearmost wall of the container because the selection of the specific location such as disclosed by Nash as modified or as claimed would have been an obvious matter of design choice inasmuch as the resultant structures will work equally well and inasmuch as applicant's specification does not state that using these specific distance as claimed solves any particular problem or yields any unexpected results.
Claims 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Nash (9,655,419) in view of Lanius (4,768,651).
As to claims 19-20, Nash does not disclose the lid comprising a sub-portion comprising a recessed tray for storing another item, such that the other item is accessible without opening of the lid and a plurality of interior walls, at least a portion of the plurality of interior walls having an adjustable placement. Nevertheless, Lanius discloses a container (10) comprises a lid assembly (86) and body (12), the lid assembly further discloses a front portion (90) and a back portion (88) hingedly (98) attached to one another, wherein the back portion defines a recessed tray configured to receive one or more miscellaneous personal effects (Figure 1 shows the back 86 having plurality of line recesses and the other item is accessible without opening of the lid, the container further comprises a plurality of interior walls (28, 54, 70, 68), at least a portion of the plurality of interior walls having an adjustable placement (partition 54 can be remove adjustable as needed). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the lid of Nash with first part and second part with the second part having a recess as taught by Lanius in order to provide addition surface with recess in order to organized the article outside the container and able to access some of the smaller items from opening the lid front portion without completely open the lid. It would also have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the interior of the container with plurality adjustable compartment as taught by Lanius in order to separate the interior with various smaller compartment to organize multiple items inside the container.
Conclusion
Examiner has cited particular paragraphs and/or columns and line numbers in the references as applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested of the applicant, in preparing responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or prior art(s) disclosed by the Examiner (in the attached PTO-892 form).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHUN HOI CHEUNG whose telephone number is (571)270-5702. The examiner can normally be reached Monday to Friday 9AM-5:30PM.
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, Orlando E Aviles can be reached at (571)270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHUN HOI CHEUNG/Primary Examiner, Art Unit 3736
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