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 § 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 3 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 3 recites the limitation "the handle" in line 3. There is insufficient antecedent basis for this limitation in the claim.
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, 3, and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Smith (AU 2001283329 B2).
Regarding claims 1, 3, and 8, Smith discloses a container comprising a base (12) and a perimeter wall extending from the base, the perimeter wall comprises a front wall portion (22) and a rear wall (14) portion opposite thereof, a left wall (18) portion and a right wall (18; see Fig. 1) portion opposite thereof, wherein the left wall portion and the right wall portion are disposed between the front wall portion and the rear wall portion, a cover adapted to cover the tray, the cover comprising a proximal cover panel (34) pivotally connected (via 36) to the front wall portion and a distal cover panel (38) pivotally connected (via 40) to the rear wall portion wherein the proximal cover panel and the distal cover panel are rotatable to cover the tray in a covering position (see Fig. 2), wherein the proximal cover panel comprises a left proximal cover edge and a right proximal cover edge opposite thereof and a securing mechanism (48; see Fig. 1) disposed on the proximal cover panel and adapted to secure the proximal cover panel to the tray, wherein in the covering position, the proximal cover panel is secured to the tray by the securing mechanism and retains the distal cover panel in the covering position, wherein the securing mechanism comprises a left securing mechanism and a right securing mechanism, wherein the left securing mechanism is adapted to secure the proximal cover panel to the left wall portion (via locking slot 46) and the right securing mechanism is adapted to secure the proximal cover panel to the right wall portion, wherein the left securing mechanism comprises a left securing portion extending from the left proximal cover edge and a left engaging portion disposed on the left wall portion and adapted to engage the left securing portion, the right securing mechanism comprises a right securing portion extending from the right proximal cover edge and a right engaging portion disposed on the right wall portion and adapted to engage the right securing portion and wherein the distal cover panel is without a securing mechanism (see Fig. 1; Examiner notes that distal cover panel outer edge is without a securing mechanism).
Allowable Subject Matter
Claims 2 and 4-7 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER R DEMEREE whose telephone number is (571)270-1982. The examiner can normally be reached 9:00 am - 5:00 pm, Monday through Friday.
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, NATHAN J NEWHOUSE can be reached at (571)272-4544. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER R DEMEREE/Primary Examiner, Art Unit 3734
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