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 .
DETAILED ACTION
Priority
This application discloses and claims only subject matter disclosed in prior Application No. 18/457,956, filed August 29, 2023, and names the inventor or at least one joint inventor named in the prior application. Accordingly, this application constitutes a continuation.
Abstract
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because the length of the abstract is 203 words. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: Ref. No. 20D [Figs. 1A and 2].
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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 Objections
Claim 9 is objected to because of the following informalities. Appropriate correction is required.
Claim 9 Line 6 could read, “…configured to be maintained in a first configuration ….”
Claim 9 Line 8 could read, “…allow movement of the lid to a second configuration ….”
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.
Claim 9 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Howard (4,113,098).
Howard – a pill dispensing container – discloses an apparatus [10] comprising: a container [14] including a base [18], a first side-wall [20, 22, 24] extending perpendicularly to the base and an opening [25]; a lid [16] in slidable engagement with the container [Fig. 2]; and a locking mechanism [28 and 34] configured to be selectively engaged and disengaged [Col. 3 Lines 45-49]; wherein the lid is configured to be maintained in the first configuration when the locking mechanism is engaged [Col. 3 Lines 40-44] and the locking mechanism is configured to become disengaged and allow movement of the lid to the second configuration [Col. 3 Lines 45-56].
Claim 9 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Katsis (2009/0152134).
Katsis – a childproof matchbox container – discloses an apparatus [10] comprising: a container [14] including a base [36], a first side-wall [32 and 34] extending perpendicularly to the base and an opening [Fig. 1]; a lid [12] in slidable engagement with the container [Paragraph 27 Lines 1-9]; and a locking mechanism [38 and 40] configured to be selectively engaged [at 20 and 22] and disengaged [Paragraph 25 Lines 1-9]; wherein the lid is configured to be maintained in the first configuration when the locking mechanism is engaged [Paragraph 24 Lines 12-17] and the locking mechanism is configured to become disengaged and allow movement of the lid to the second configuration [Paragraph 25 Lines 1-9].
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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT J HICKS whose telephone number is (571)270-1893. The examiner can normally be reached Mon - Fri 8:30-5:00.
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 Aviles-Bosques 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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/ROBERT J HICKS/Primary Examiner, Art Unit 3736