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 .
Election/Restrictions
Applicant's election with traverse of Group I in the reply filed on 15 June 2026 is acknowledged. The traversal is on the ground(s) that the cited example fails to demonstrate a materially different process than that of Group III that the product of Group I can be used in as the proposed alternative use has not been demonstrated as possible or feasible because the specification discusses that the present disclosure relates to holders for collectible items, and more particularly to such holders that offer security and resistance to counterfeiting as well as protecting the contents held therein. Applicant argues that when the first housing section is assembled to the second housing section the claimed holder is of the type that offers security against tampering and counterfeiting and the Office Action fails to articulate how the claimed holder can be used in a process of removing the first holder section from the second holder section and accessing the receiver space which seems to promote tampering and counterfeiting which conflicts with the stated objective. Applicant also argues that if the stated alternative use is true, that during the process of practicing the claimed method of claim 18 the first and second housing sections are spaced apart and the user can access the receiver space and thus the alleged alternative process is not materially different from the claimed method of Group III. This is not found persuasive because although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See MPEP §2145 (VI). The product as claimed does not recite a holder that offers security against tampering and counterfeiting as argued. There is nothing in claim 1 that would prevent the claimed first housing section from being removed from the second housing section. Additionally, the step of removing the first housing section from the second housing section cannot be located anywhere in the method of claim 18 of Group III and therefore is materially distinct.
The requirement is still deemed proper and is therefore made FINAL.
Claims 14-19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 15 June 2026.
Drawings
Color photographs and color drawings are not accepted in utility applications unless a petition filed under 37 CFR 1.84(a)(2) is granted. Any such petition must be accompanied by the appropriate fee set forth in 37 CFR 1.17(h), one set of color drawings or color photographs, as appropriate, if submitted via the USPTO patent electronic filing system or three sets of color drawings or color photographs, as appropriate, if not submitted via the via USPTO patent electronic filing system, and, unless already present, an amendment to include the following language as the first paragraph of the brief description of the drawings section of the specification:
The patent or application file contains at least one drawing executed in color. Copies of this patent or patent application publication with color drawing(s) will be provided by the Office upon request and payment of the necessary fee.
Color photographs will be accepted if the conditions for accepting color drawings and black and white photographs have been satisfied. See 37 CFR 1.84(b)(2).
The drawings are objected to as failing to comply with C.F.R 1.84(h)(3) because the plane upon which a sectional view is taken should be indicated on the view from which the section is cut by a broken line. The ends of the broken line should be designated by Arabic or Roman numerals corresponding to the view number of the sectional view, and should have arrows to indicate the direction of sight. Hatching must be used to indicate section portions of an object, and must be made by regularly spaced oblique parallel lines spaced sufficiently apart to enable the lines to be distinguished without difficulty. MPEP 608.02 V. No section lines exist. Hatching is missing.
The drawings are objected to because no single reference character may be used for a given part and a modification of such part. MPEP 608.02(e). See at least 160 which has been used to designate multiple different gaskets between figures 26 and 27.
The drawings are objected to as failing to comply with C.F.R 1.84(m) because the use of shading in views is encouraged if it aids in understanding of the invention and if it does not reduce legibility. Shading is used to indicate the surface of spherical, cylindrical, and conical elements of an object. Flat parts may also be lightly shaded. Such shading is preferred in the case of parts shown in perspective, but not for cross sections. See paragraph (h)(3) of this section. Spaced lines for shading are preferred. These lines must be thin, as few in number as practicable, and they must contrast with the rest of the drawings. As a substitute for shading, heavy lines on the shade side of objects can be used except where they superimpose on each other or obscure reference characters. Light should come from the upper left corner at an angle of 45 degrees. Surface delineations should preferably be shown by proper shading. Solid black shading areas are not permitted, except when used to represent bar graphs or color. MPEP 608.02 V.
The drawings are objected to as failing to comply with 37 C.F.R. 1.84(q) because lead lines must originate in the immediate proximity of the reference character and extend to the feature. MPEP 608.02 V. See at least 124, 126, 128 of figure 4, 156 of figure 13, 150 figure 18 & 19, and 154 figure 19.
Specification
The disclosure is objected to because reference character “100” has been used to designate holder and label space.
The disclosure is objected to because reference character “118” has been used to designate perimeter ledge and perimeter edge.
The disclosure is objected to because reference characters "100" and "110" have all been used to designate label space.
The disclosure is objected to because reference character “142” has been used to designate tapered side and second tip side.
The disclosure is objected to because reference character “104” has been used to designate second or rear housing, element, and second or back housing.
The disclosure is objected to because reference character “102” has been used to designate first or front housing and element.
The specification is objected to because of the following informalities: acronyms exist without being defined at their first instance. Appropriate correction is required. See at least UV and TPE.
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 1-13 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.
The term “short” in claim 1 is a relative term which renders the claim indefinite. The term “short” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The term length has been rendered indefinite by the use of the term short.
The term “extended” in claim 1 is a relative term which renders the claim indefinite. The term “extended” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The term length has been rendered indefinite by the use of the term extended.
Claim 12 is led to be indefinite as the last line ends in a comma. It is unclear if the claim has been truncated and is missing additional limitations or if the claim is meant to end at the comma. The claim will be examined as the latter.
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 and 5-6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee (US 20230218979).
Claim 1: Lee discloses a protective apparatus 100 (holder) for a collectable item comprising: a front panel 300 (first housing section) having a base wall and an elevated edge 320 (outer wall) extending from the base wall and defining a holder perimeter; a rear panel 200 (second housing section) comprising a base wall situated within the holder perimeter; a plurality of partition walls extending between the base wall of the rear panel 200 (second housing section) and the base wall of the front panel 300 (first housing section) to define a receiver space, the partition walls located inwardly of the elevated edge 320 (outer wall); wherein a first pair of the plurality of partition walls has an extended length LE measured therebetween and a second pair of the plurality of partition walls has a short length LS measured therebetween (see annotated fig. 2A and 3A below and fig. 1A).
When a collectible item is placed within the receiver space of Lee a max shift of how far the collectible item moves within the receiver space inherently is 15-thousandths of an inch or less along the short length LS, along the extended length LE, or along both the short length LS and the extended length LE as the prior art discloses a structurally identical protective apparatus 100 to the inventions claimed holder. If there is any difference, the difference must be minor. The burden is shifted to applicants to show that a max shift of how far the collectible item moves within the receiver space cannot be 15-thousandths of an inch or less along the short length LS, along the extended length LE, or along both the short length LS and the extended length LE when a collectible item is placed within the receiver space. Otherwise a prima facie case of anticipation has been established.
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Claim 5: Lee discloses wherein the front panel 300 (first housing section) is made from polycarbonate or any material [see P. 0075] and later discloses the using either polycarbonate or thermoplastic polyurethane [see P. 0122], such that Lee discloses wherein the front panel 300 (first housing section) is made from thermoplastic polyurethane (TPE material).
Claim 6: Lee discloses wherein the rear panel 200 (second housing section) is made from polycarbonate or any material [see P. 0075] and later discloses the using either polycarbonate or thermoplastic polyurethane [see P. 0122], such that Lee discloses wherein the front panel 300 (first housing section) is made from thermoplastic polyurethane (TPE material). Additionally, Lee discloses that the supporting members of the rear panel 200 (second housing section) may be composed of thermoplastic polyurethane (TPE material) (see P. 00122).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 2-4 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee (US 20230218979) as applied to claim 1 above, and further in view of Manninen (US 12542074).
Claim 2: Lee discloses the claimed invention except for a projection on at least each of two inner corners of the first housing section.
Manninen teaches an insert 100 and cover 300 for displaying a collecting card, wherein the cover 300 has corners 330, 340, 350, & 360 with snaps 331, 341, 351, & 361 resulting in projections on the inner corners and the insert 100 has corners 130, 140, 150, & 160 with snaps 131, 141, 151, & 161 which matingly engage with snaps 331, 341, 351, & 361 and result in projections on the outer corners (see fig. 13, 15, & 16).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the front panel 300 (first housing section) to have snaps 331, 341, 351, & 361 at its inner corners and the rear panel 200 (second housing section) to have snaps 131, 141, 151, & 161 at its outer corners which matingly engage with snaps 331, 341, 351, & 361, as taught by Manninen, in order to permit the front panel 300 (first housing section) and rear panel 200 (second housing section) to be positively restrained in position for laser welding and to permit removable attachment when tamper evidence is not desired.
Claim 3: The combination discloses a projection, due to the snaps 131, 141, 151, & 161, on at least each of two outer corners of the rear panel 200 (second housing section) (see fig. 13 ‘074).
Claim 4: The combination discloses wherein the at least each of two inner corners of the front panel 300 (first housing section) and the at least each of two outer corners of the rear panel 200 (second housing section) engage.
Claim 9: The combination discloses wherein the rear panel 200 (second housing section) comprises a perimeter member 220 (perimeter ledge) located adjacent an inner surface of the elevated edge 320 (outer wall) (see fig. 2A & 9).
Claim(s) 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee (US 20230218979) and Manninen (US 12542074) as applied to claim 9 above, and further in view of Barol (US 2302933).
Claim 10: The combination discloses the claimed invention except for a plurality of spaced apart ribs located between the perimeter ledge and the inner surface of the outer wall.
Barol teaches a stopper 10 having a portion 11 adapted to enter a tube 6 and having projecting ribs 12 (ribs) which contact the inner surface of the tube 6 and slightly compress (see fig. 3 and C. 2 L. 31-34).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the perimeter member 220 (perimeter ledge) to have projecting ribs 12 (ribs) which slightly compress upon insertion of the rear panel 200 (second housing section) within the front panel 300 (first housing section), as taught by Barol, in order to better restrain the rear panel 200 (second housing section) and front panel 300 (first housing section) together.
Claim 11: The combination discloses wherein each projecting rib 12 (rib) of the plurality of spaced apart projecting ribs 12 (ribs) comprises a first thickness prior to locating the rear panel 200 (second housing section) within the holder perimeter and a second thickness after placement of the rear panel 200 (second housing section) within the holder perimeter, and wherein second thickness is less than the first thickness.
Claim(s) 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee (US 20230218979) as applied to claim 1 above, and further in view of Leblanc (CA 2935643).
Claim 7: Lee discloses that the front panel 300 (first housing section) and rear panel 200 (second housing section) can be made from any material (see P. 0075).
Lee does not explicitly disclose that the first housing section is made from a copolyester material.
Leblanc teaches using an amorphous copolyester of Eastman Copolyester Tritan TX1501HF and an oxygen scavenging polyester concentrate to make a thermoplastic workpiece which is heat-resistant, transparent, and has a low gas permeability (see first paragraph page 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have made the protective apparatus 100 (holder) and therefore the front panel 300 (first housing section) out of amorphous copolyester of Eastman Copolyester Tritan TX1501HF and an oxygen scavenging polyester concentrate, as taught by Leblanc, in order to provide good heat-resistance and low gas permeability while maintaining transparency and since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Claim 8: The combination discloses wherein the copolyester material is an Eastman TRITAN copolyester TX1501HF material.
Claim(s) 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee (US 20230218979) as applied to claim 1 above, and further in view of Deese (US 4043477).
Claim 12: Lee discloses that the protective apparatus 100 (holder) can be used to protect coins (see P. 0002).
Lee does not disclose a gasket located in the receiver space, the gasket having an outer perimeter and an opening with an inner perimeter.
Deese teaches a display device having a base 10 with an inner short upstanding wall 14 forming an outer edge of a chamber 16, an insert 60 (gasket) made of a soft plastic which will not damage a coin and having a circular edge 66 (opening) sized to fit a coin, wherein the insert 60 (gasket) and coin are positioned in the chamber 16 (see fig. 2 and C. 4 L. 12-13 & 24-29).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the protective apparatus 100 (holder) to have an insert 60 (gasket) located in the receiver space and a coin positioned within a circular edge 66 (opening) of the insert 60 (gasket), as taught by Deese, in order to protect and display a coin without damaging its rim.
Claim 13: The combination discloses a coin (collectible item) located in the circular edge 66 (opening) of the insert 60 (gasket) (see fig. 2 and C. 4 L. 12-13 & 24-29 ‘477).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20240043188 and US 20220144508 are considered pertinent to holders for collectable items, US 11605312 is considered pertinent to projections on first and second housings, US 20050011772, US 5109977, and US 4915214 are considered pertinent to gaskets, JP 2019111111 is considered pertinent to claims 7-8, WO 2020084519 is considered pertinent to claims 5-6, and US 20160175197 fig. 12 is considered pertinent to claims 10-11.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALLAN D STEVENS whose telephone number is (571)270-7798. The examiner can normally be reached Monday-Friday 12-8 ET.
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 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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/ALLAN D STEVENS/Primary Examiner, Art Unit 3736
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