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 .
This action is written in response to the amendment filed 06/30/2025
Claims 1 and 7-8 have been amended and claims 6 and 15-22 have been canceled
Claims 1-5 and 7-14 are presented for examination
This action is Non-Final
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, 8-9 and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Joubert et al. (US 2014/0246395).
Claim 1. Joubert discloses a prize storage case for storing a prize of a product, comprising:
an attachment portion 11 configured to be detachably attached to an edge of the product;
a case portion @17 for containing the prize 46; and
a connecting portion 12/13 for detachably connecting the attachment portion and the case portion [0082];
wherein the case portion comprises a cover portion 17 covering the prize, and a base portion 42 which is provided at a bottom of the cover portion and on which the prize is placed ([0071]; fig. 5);
wherein the case portion is configured to be detached from the attachment portion with the base portion attached to the cover portion when the case portion is detached from the attachment portion via the-connection connecting portion [0082-0083];
wherein the prize storage case is for storing the prize of a PET bottled beverage as the product [0070], and
the attachment portion is configured to be attached to a cap of a container for the PET bottled beverage (fig. 4-5); and
wherein the connecting portion is configured to be separable from the attachment portion and the case portion [0074].
Claim 2. Joubert discloses the prize storage case of claim 1, wherein the case portion is configured such that the cover portion and the base portion are detachable [0083].
Claims 3-4. Joubert discloses the prize storage case of claim 3, wherein the case portion is provided at the cover portion 22 and further comprises a lid portion 24 configured to take out the prize from the case portion (fig. 2).
Claim 5. Joubert discloses the prize storage case according to claim 1, wherein the cover portion of the case portion is formed by a transparent material [0071].
Claim 8. Joubert discloses a prize storage case for storing a prize of a product, comprising:
a cover portion covering the prize; and
a base portion which is provided at a bottom of the cover portion, and on which the prize is placed;
wherein the base portion comprises an attachment portion 101 configured to be detachably attached to an edge of the product;
wherein the base portion is configured to be detached from the edge of the product with the base portion attached to the cover portion when the attachment portion is detached from the edge of the product;
wherein the prize storage case 110 is for storing the prize of a PET bottled beverage as the product, and the attachment portion is configured to be attached to
a cap of a container for the PET bottled beverage; and
wherein the attachment portion is configured to cover the cap such that the prize storage case is fixed to the cap ([0091-0094]; fig. 14).
Claim 9. Joubert discloses the prize storage case of claim 8, wherein the prize storage case is configured such that the cover portion 112 and the base 108 portion are detachable (fig. 14).
Claim 14. Joubert discloses the prize storage case according to claim 8, wherein the cover portion is formed by a transparent material [0071].
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 7, 10 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Joubert et al. (US 2014/0246395) in view of Segal (US 2014/0110470).
Claim 7. Joubert discloses the prize storage case according to claim 1, but fails to disclose a locking portion. Segal teaches wherein the attachment portion is configured to be locked by climbing over a ring portion which is protruding at a lower part of the cap of the container [0074]. Therefore, it would have been obvious to one having ordinary skill in the art at the time of the effective filing date of the invention to modify the sealing portion of Joubert to include the ring of Segal to ensure the locked connection of the locking components.
Claim 10. Joubert discloses the prize storage case according to claim 9, but fails to disclose a protrusion. Segal teaches wherein an outer peripheral wall of the base portion is provided with a protrusion that can be locked with the cover portion, and an end part of the cover portion is configured to be locked by climbing over the protrusion [0074]. Therefore, it would have been obvious to one having ordinary skill in the art at the time of the effective filing date of the invention to modify the sealing portion of Joubert to include the ring of Segal to ensure the locked connection of the locking components.
Claim 12. Joubert discloses the prize storage case according to claim 8, but fails to disclose holes in the platform. Segal teaches wherein the base portion 640 has one or more holes (fig. 6G). Therefore, it would have been obvious to one having ordinary skill in the art at the time of the effective filing date of the invention to modify the base of Joubert to include the holes of Segal to maintain the position of the prize when stored with the cap.
Allowable Subject Matter
Claims 11 and 13 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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 RAVEN COLLINS whose telephone number is (571)270-1672. The examiner can normally be reached Monday-Friday 8:30am to 5:00pm 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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/RAVEN COLLINS/ Examiner, Art Unit 3735
/Anthony D Stashick/ Supervisory Patent Examiner, Art Unit 3735
