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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 04/09/2025 is being considered by the examiner.
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 1-20 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.
Claim 1 and its dependents are indefinite because it is not clear whether claim 1 is drawn to the sub-combination of a lid structure for a vehicle mounted container (the vehicle mounted container are not being claimed), or whether the claim is drawn to the combination of a lid structure and the vehicle mounted container. This is because while some portion of the claim indicate that what is claimed is the sub-combination (a lid structure for a vehicle mounted container, intended use language), other portions of the claim indicate that what is claimed is the combination (note the structural limitations of claim 1, line 3-5, discloses a main body including an opening portion communicating with an inner storage space thereof, claims 10-12, discloses the main body including a regulatory member that restricts the lid from opening…). It is noted further in connection with this limitation that it is by now well settled that features not claimed may not be relied upon in support of patentability. In this office action, the main vehicle mounted container will be considered and the lid structure should be in combination with the vehicle mounted container for the examiner to give the claim its broadest reasonable interpretation. On the other hand, clarification of the scope of claims are required.
With regarding to claim 1, applicant recites “A lid structure for a vehicle mounted container” which is an intended language. However, in the next line, applicant appears to positively claiming the structure of the vehicle mounted container with “a main body including an opening portion communicating with an inner storage space thereof.” Therefore it is not clear whether applicant is claiming the combination of the lid structure and a vehicle mounted container or the vehicle mounted container is only an intended use language and not positively claimed.
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.
Claims 1-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Taniguchi et al (10,857,946).
As to claim 1, Taniguchi discloses a lid structure (shutter 2)for a vehicle mounted container (10) comprising: a main body (10) including an opening portion communicating with an inner storage space thereof and located on a top face of the main body (Figure 2A and 2B); and a lid (2 and 3) for opening or closing the opening portion , wherein lid rail portions (shutter base material portion 3a) formed on two side portions of the lid (2 and 3) are fit in a slidable manner to sidewall rail portions (18) formed on respective inner faces in a pair of sidewall portions as side faces of the main body (Figure 3), allowing the lid to slide along the opening portion (closed portion in Figure 2(a) and open portion in Figure 2(b), and the lid has through holes communicating with the storage space (as shown in Figure 1(a), the shutter 2 with the lid rail portion having gaps in between each lid rail portion, and the gaps are not covered by the sidewall rail portion 18, which forms through holes that can communicating with the storage space).
As to claim 2, Taniguchi further discloses the lid includes a plurality of hinge portions (hinge base material 4) extending across and between the side portions, and is capable of bending through the hinge portions when sliding (Figure 3, column 7, lines 45-58).
As to claim 3, Taniguchi further discloses the through holes are formed in the hinge portions (as shown in Figure 3, the though holes is between each of the lid rail portion and the hinge portion are also in between each lid rail portion, which can be considered as the through holes are in the end of the hinge portion).
As to claims 4-6, Taniguchi further discloses in each of the end portions (end portion of 3), in a direction toward a fitting area between the lid rail portion and the sidewall rail portion corresponding thereto, each through hole is formed on a side before the fitting area (best seem in Figure 3, and Figure 1a, the through holes are form between each of the lid rail portion, Figure 1(a) teaches not the entire lid rail portion of the plurality of lid rail portion 3a are inserted into the side rail portion, therefore each through hole is formed on a side before the fitting area in the side rail portion).
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 7-19 are rejected under 35 U.S.C. 103 as being unpatentable over Taniguchi et al (10,857,946) in view of Ogawa (7,735,538).
As to claims 7-9, Taniguchi teaches all limitation except each of the lid rail portions includes a slope portion on a top face of the lid rail portion on a side before a fitting area between the lid rail portion and the sidewall rail portion corresponding thereto, the slope portion sloping to a gap formed between the lid rail portions adjacent to one another. Nevertheless Ogawa discloses a door shutter (3) for opening and closing an opening of a device provided in the center console of an automobile with a guide groove, the door shutter comprises a lid rail portion ( 15) protrude to the sidewall rail portion (6), each of the lid rail portion includes a slope portion (dome shape small convex port 17) provided on a top face of the lid rail portion. 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 a side before a fitting area between the lid rail portion and the sidewall rail portion of Taniguchi with slope and curve portion as taught by Ogawa in order to reduction of sliding resistance with minimal contact between the lid rail portion and the sidewall rail portion.
As to claims 10-15, Taniguchi does not disclose the main body includes a regulatory member that restricts the lid from opening due to acceleration and the
the lid includes a cover portion that covers the regulatory member. Nevertheless, Ogawa discloses a door shutter (3) for opening and closing an opening of a device with a guide groove, the door shutter comprises a lid rail portion ( 15) protrude to the sidewall rail portion (6), the main body further comprises a regulatory member (catch recess 7 is form on the front side wall of the vehicle mounting container 4) that restricts the lid (3) from opening due to acceleration and the lid (3) includes a cover portion (front portion with handle with coupling part 14) that covers the regulatory member (the cover 4 with the front part covers the regulatory member at the front portion of the catch recess 7). 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 main body of Tanuguchi with regulatory catch member as taught by Ogawa in order to secure the shutter in the close position and prevent accidental open of the shutter.
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As to claims 16-19, Taniguchi does not disclose the lid includes elongated ribs that protrude upward in a direction in which the lid rail portions extend, in each of the end portions, in a direction toward a fitting area between the lid rail portion and the sidewall rail portion corresponding thereto, the rib is formed at a side before the fitting area, each of the end portions, in a direction toward a fitting area between the lid rail portion and the sidewall rail portion corresponding thereto, the rib is located at a side beyond the through hole. Nevertheless, Ogawa discloses a door shutter (3) for opening and closing an opening of a device with a guide groove, the door shutter comprises a lid rail portion ( 15) protrude to the sidewall rail portion (6), the lid includes elongated ribs (as shown in Figures 3 and 5b, that protrude upward in a direction in which the lid rail portions extend, in each of the end portions, in a direction toward a fitting area between the lid rail portion and the sidewall rail portion corresponding thereto, the rib is located at a side beyond the through hole (as shown in Figure 3, the rib as indicated by examiner is form beyond the through hole). 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 Tanuguchi ribs form between the lid rail projection and the side wall rail portion as taught by Ogawa to protect the side wall of the shutter from rubbing against the side wall track.
Allowable Subject Matter
Claim 20 is 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
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.
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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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/CHUN HOI CHEUNG/Primary Examiner, Art Unit 3736
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