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 .
Response to Amendment
In the amendment dated June 12, 2026, claims 1-3 were amended and new claims 4-6 were presented. Claims 1-6 are pending.
The amendments to the claims overcome the rejections under 35 U.S.C. 112(b).
Applicant’s arguments regarding the 35 U.S.C. 102 rejection of the claims over Suzuki have been fully considered but they are not persuasive for these reasons:
Regarding Applicant’s assertion that “the alleged seal portion [of Suzuki] protrudes upwardly in Fig. 17. The alleged seal portion protrudes toward a side of the seal member where the cover is location and away from a side of the seal member 22 where the rear case 2 is located in the attachment direction. Thus, Suzuki fails to disclose at least the feature of the packing member forms a packing body attached to the cover portion, a seal portion protruding from the packing body and protruding away from a side of the packing body where the cover portion is located and from a side of the packing body where the main body is located in the attachment direction and coming in contact with the side wall, and a void portion formed on an opposite side being a side opposite to the side wall with respect to the seal portion and allowing bending of the seal portion toward the opposite side (Remarks at pp. 5-6), the examiner disagrees. The seal portion of Suzuki protrudes away (inward) from a side of the packing body where the cover portion is located (the cover portion is outward of the packing body) and from a side of the packing body (bottom side) where the main body is located. Nothing in the claim precludes a seal portion that protrudes upwardly.
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.
Claims 1-6 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 1 recites “the seal portion protrudes obliquely with respect to the attachment direction if the cover portion is not attached to the main body portion” at lines 16-18. Claim 1 also recites “a cover portion attached to the main body portion” at line 5. Thus, it is unclear how the cover portion is simultaneously “attached” and “not attached” to the main body portion.
Claim 1 recites “the main body” at lines 12-13. There is insufficient antecedent basis for this limitation in the claim. It is unclear whether this is referring to the “main body portion” recited at line 2, or something else. For purposes of examination, this limitation will be interpreted as “the main body portion.”
Claim 1 recites “a seal portion protruding from the packing body and protruding away from a side of the packing body where the cover portion is located and from a side of the packing body where the main body is located in the attachment direction” in lines 10-13. It is unclear what “a side of the packing body where the cover portion is located” refers to. The packing member is arranged in a groove formed within the cover portion, and thus the cover portion surrounds the packing body on three sides (see e.g., Figs. 3-4).
Claim 6 recites “the upper surface of the shelf portion” in line 2. There is insufficient antecedent basis for this limitation in the claim. For purposes of examination, this limitation will be interpreted as “an upper surface of a shelf portion.”
Claims 2-6 are also rejected through its dependence on a rejected parent claim (details above).
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.
Claims 1-3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 2013207114 to Suzuki et al. (hereinafter, “Suzuki”).
Regarding claim 1, Suzuki discloses a container box (housing 10, Fig. 17) comprising: a main body portion (rear case 2, Fig. 17) that is capable of internally accommodating an accommodation object (see Figs. 17-18; paras. [0001]-[0003] of translation attached to April 18, 2025 IDS) and has an opening (annotated Fig. 17 below) that allows communication between an inside (annotated Fig. 17) and an outside (annotated Fig. 17) of the main body portion (rear case 2); a cover portion (front case 1, Fig. 17) attached to the main body portion (rear case 2) so as to cover the opening (see Figs. 17-19); and a packing member (seal member 22, Fig. 17) provided in the cover portion (front case 1) and configured to perform water stop (Abstract) between the main body portion (rear case 2) and the cover portion (front case 1, see Abstract), wherein the main body portion (rear case 2) includes a side wall (annotated Fig. 17) formed along an attachment direction (annotated Fig. 17) of the cover portion (front case 1) with respect to the main body portion (rear case 2) and surrounding the inside (see annotated Fig. 17), the packing member (seal member 22) forms a packing body (annotated Fig. 17) attached to the cover portion (front case 1), a seal portion (annotated Fig. 17) protruding from the packing body (annotated Fig. 17) and protruding away (seal portion protrudes inward, see Fig. 17) from a side of the packing body where the cover portion is located (outer side of the packing body, see Fig. 17) and from a side of the packing body (bottom side of packing body, see Fig. 17) where the main body (rear case 2) is located in the attachment direction (seal portion protrudes from bottom side of packing body, see Fig. 17) and coming in contact with the side wall (see Figs. 18-19), and a void portion (annotated Fig. 17) formed on an opposite side being a side opposite to the side wall with respect to the seal portion (void portion is on an opposite side of the seal portion from the sidewall, see Fig. 17) and allowing bending of the seal portion (annotated Fig. 17) toward the opposite side (see Figs. 17-19), and the seal portion (annotated Fig. 17) protrudes obliquely with respect to the attachment direction (annotated Fig. 17) if the cover portion (front case 1) is not attached to the main body portion (rear case 2, see Fig. 17), the seal portion (annotated Fig. 17) includes a first lip (annotated Fig. 17) at a distal end of the seal portion (annotated Fig. 17), the first lip contacts a side surface (annotated Fig. 17) of the side wall (annotated Fig. 17) if the cover portion (front case 1) is attached to the main body portion (rear case 2, see Figs. 17-19).
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Suzuki Annotated Figure 17
Regarding claim 2, Suzuki further discloses the main body portion (rear case 2) forms a shelf portion (annotated Fig. 17) having an upper surface (annotated Fig. 17) protruding from the side surface (annotated Fig. 17) and formed in a direction intersecting the side surface (see annotated Fig. 17), and the seal portion (annotated Fig. 17) includes a second lip (annotated Fig. 17) formed at the distal end of the seal portion (annotated Fig. 17) and coming into contact with the upper surface (annotated Fig. 17; see also Figs. 18-19) of the shelf portion (annotated Fig. 17) in a state where the cover portion (front case 1) is attached to the main body portion (rear case 2, see Figs. 18-19).
Regarding claim 3, Suzuki further discloses the shelf portion (annotated Fig. 17) has a width of the upper surface (see annotated Fig. 17) in a protruding direction (horizontal direction in Fig. 17) that is greater than or equal to a width of the seal portion in the protruding direction (width of the upper surface is more than a width of the seal portion, see Fig. 17).
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.
Claims 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Suzuki as applied to claim 1 above, and further in view of U.S. Pat. 5,574,254 to Mori et al. (hereinafter, “Mori”).
Regarding claim 4, [**] further discloses the cover portion (front case 1) includes a top surface (see Fig. 17) and a hanging portion (outer side wall of front case 1, see Fig. 17) extending from the top surface (see Fig. 17) along the attachment direction (annotated Fig. 17), the hanging portion (outer side wall of front case 1) extends along the side wall (annotated Fig. 17) of the main body portion (rear case 2) and terminates at an end (bottom end of front case 1, see Fig. 17), and the main body portion (rear case 2) includes a protruding piece (see shelf portion in annotated Fig. 17) that protrudes from the side wall (annotated Fig. 17) in a direction that intersects the attachment direction (annotated Fig. 17).
Suzuki does not expressly disclose the protruding piece is between the top surface and the end of the cover portion in the attachment direction.
Mori teaches a similar container box (Fig. 1) comprising a main body portion (main box 2, Fig. 1) having an opening (see Fig. 1), a cover portion (covering 1, Fig. 1) attached to the main body portion (see Fig. 3), and a packing member provided in the cover portion configured to perform water stop (see Figs. 2-3). Mori teaches that the cover portion (covering 1) includes a top surface (see Fig. 1) and a hanging portion (annotated Fig. 3 below) extending from the top surface along the attachment direction (vertical direction in Fig. 3). Mori teaches the hanging portion (annotated Fig. 3) extends along the side wall (annotated Fig. 3) of the main body portion (main box 2) and terminates at an end (annotated Fig. 3). Mori teaches that the main body portion (main box 2) includes a protruding piece (annotated Fig. 3) that protrudes from the side wall in a direction that intersects the attachment direction (see Fig. 3). Mori teaches the protruding piece (annotated Fig. 3) is between the top surface (see Fig. 1) and the end (annotated Fig. 3) of the cover portion (covering 1) in the attachment direction (vertical direction in Fig. 3). Mori teaches the protruding piece (annotated Fig. 3) includes a first surface (annotated Fig. 3) that extends in a second direction (horizontal direction in Fig. 3) that intersects the attachment direction (vertical direction in Fig. 3). Mori teaches the hanging portion (annotated Fig. 3) includes a second surface (annotated Fig. 3) that extends in the second direction (horizontal direction in Fig. 3) and contacts the first surface (see annotated Fig. 3). Mori teaches an upper surface of a shelf portion (annotated Fig. 3) is located between the opening (see Fig. 1) and the protruding piece (annotated Fig. 3) in the attachment direction (vertical direction in Fig. 3). Mori further teaches that this hanging portion and protruding piece arrangement permits easy and smooth fitting between the main body portion and the cover portion to ensure a water-tight structure (col. 2, ll. 19-36; col. 3, ll. 5-7).
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Mori Annotated Figure 3
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the container box of Suzuki to have the hanging portion and protruding piece arrangement as taught by Mori for the purpose of permitting easy and smooth fitting between the main body portion and the cover portion, as recognized by Mori (col. 2, ll. 19-36; col. 3, ll. 5-7).
Regarding claim 5, Suzuki as modified by Mori already includes the protruding piece (Mori, annotated Fig. 3) includes a first surface (Mori, annotated Fig. 3) that extends in a second direction (horizontal direction in Mori Fig. 3) that intersects the attachment direction (vertical direction in Mori Fig. 3), and the hanging portion (Mori, annotated Fig. 3) includes a second surface (Mori, annotated Fig. 3) that extends in the second direction (horizontal direction in Mori Fig. 3) and contacts the first surface (Mori, see Fig. 3).
Regarding claim 6, Suzuki as modified by Mori already includes the upper surface of the shelf portion (Mori, annotated Fig. 3) is located between the opening (Mori, see Fig. 1) and the protruding piece (Mori, annotated Fig. 3) in the attachment direction (vertical direction in Mori Fig. 3).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAURA E. PARKER whose telephone number is (571)272-6014. The examiner can normally be reached Monday-Friday 8:00 am - 4:30 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Jenness can be reached at 571-270-5055. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LAURA E. PARKER/Primary Examiner, Art Unit 3733
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