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 .
Applicant’s election without traverse of the invention of Group I, claims 1-12 in the reply filed on 7/22/26 is acknowledged. Claims 13-14 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
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.
Claim(s) 1-7, 9 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoshida (2019/0240395). Yoshida discloses a structure (see the Yoshida drawings) that has most of the features of the claimed structure. The claimed plurality of receptacles can be storage portions 30 (that as can be seen are adapted and arranged for receiving a plurality of containers, such as parts 1, as functionally claimed). The claimed protrusion can be the bulging portion 33 that is non-continuously formed on a receptacle sidewall, as described in paragraph [0040]. However, Yoshida does not specifically disclose the claimed distance range the protrusion extends into the interior of the receptacle as required in claim 1. However, given the disclosure in Yoshida [0057] and the size of parts 1 intended for use in the Yoshida structure, it would have been obvious to extend the protrusion into the interior of the receptacle for a distance within the claimed range, in order to properly hold the part 1 within the receptacle.
Regarding claim 2 the further end can be the top of the receptacle in the Fig 2 view and the first end can be the opposite end of the receptacle. However, this could be the opposite. In that case it would also have been obvious to provide the Yoshida protrusion on the bottom end of the receptacle in the Fig. 2 view in order to better hold a part 1 of a particular shape or configuration within the receptacle.
Regarding claim 3 it would also have been obvious to arrange the protrusion within the claimed distance range in order to properly hold a part 1 of a particular shape or configuration within the receptacle.
Regarding claim 4, it would also have been obvious to provide the protrusion as claimed in order to properly hold a part 1 of a particular shape or configuration within the receptacle and/or in order to more economically construct the Yoshida structure.
Regarding claim 6, see Figs 2 and 3.
Regarding claim 9, the claimed protruberance can be the tapered- off portion 34 that as can be seen from Fig. 2 extends from a curved surface of the receptacle sidewall.
Regarding claim 12 it would have been obvious to provide the structure of Yoshida with the claimed features in order to properly hold a part 1 of a particular shape or configuration within the receptacle. The examiner notes that the level of skill in the art is illustrated by the references of record, including at least Togashi et al. (2009/0095647) that shows in at least Fig 4 thereof that providing multiple protrusions in receptacles of the type under consideration herein is conventional.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoshida in view of Vivien (2021/0236716). Yoshida does not disclose that the receptacles deform. Vivien is cited to show that receptacles of the same type as disclosed in Yoshida can be constructed to deform. It would have been obvious in view of Vivien to construct the receptacles of Yoshida to deform in order to provide for the retention in the receptacles of parts having a greater range of diameters.
Claim(s) 9-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoshida in view of Kawamura (2018/0235838) cited by the applicant. Yoshida can be viewed as missing the protruberance required in claim 9, as well as the related features in claims 10-11. In that case, Kawamura is applied to show that it is conventional to provide a protruberance (projection portion 44) in the same type of structure as disclosed in Yoshida. Therefore, it would have been obvious in view of Kawamura to provide the receptacles in Yoshida with a protruberance to more securely hold parts of a particular shape or configuration in the receptacle. It would also have been obvious for the same reason to provide the protrusion on the protruberance, and provide the protruberance in the claimed length range as required in claims 10 and 11.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACOB K ACKUN whose telephone number is (571)272-4418. The examiner can normally be reached Monday-Thursday 11am-7pm.
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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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/JACOB K ACKUN/Primary Examiner, Art Unit 3736
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