DETAILED ACTION
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 16 January 2026 has been entered.
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 –
Claim(s) 1-20 are rejected under 35 U.S.C. 35 U.S.C. 102(a)(1) as being anticipated by GamerPapa, “Gearbest Ferrofluid review – Sponsored – Is dit wat?” by GamerPapa on 21 August 2017, https://www.youtube.com/watch?v=giWJUpxK6ok.
Regarding claims 1, 2, 4, 6- 12, 17-18, 20, GamerPapa discloses, see annotated screenshot taken at 0:45/11:30 of the video, a ferrofluid container system comprising:
a ferrofluid container comprising a transparent a container body having a top wall, a bottom wall, and a sidewall extending from the top wall to the bottom wall, wherein the top wall, bottom wall, and sidewall define an interior space that contains a ferrofluid, an opening into the interior space, a closure member adapted to selectively close the opening, and a ferrofluid contained within the interior space; and
a storage and shipping stabilizing system comprising a ferrofluid attracting member/magnetic field generator/magnet, hereinafter magnet, located exterior to the container body and positioned in proximity to the bottom wall to draw the ferrofluid in the interior space away from the opening, and a protective carrier foam block insert within an outer container, the foam insert provides protection and contains and maintains the positioning of the container body and the ferrofluid attracting member in separate cavities.
wherein the storage and shipping stabilizing system is effective in maintaining the stability of the ferrofluid in the interior space of the container body during shipping and storage regardless of the orientation of the container body, as seen at 0:45 seconds, the ferrofluid is stabilized against the bottom of the container toward the magnets housed along the bottom of the container; later it is seen that the ferrofluid moves only after the container is moved away from the magnet.
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Annotation from Gamer Papa taken at 0:45/11:30
Further regarding the limitation of claim 20, “the ferrofluid attracting member is effective in maintaining the stability of the ferrofluid in the interior space of the container body during shipping regardless of the orientation of the packaged ferrofluid container” as seen around 9:25, GamerPapa holds the magnet significantly far from the container at least as far as the space between the packaged magnet and container and defies gravity to lift the ferrofluid upwardly off the bottom of the container, thereby showing that the magnetic attraction is sufficient to draw the ferrofluid toward the container while the container is positioned in any direction and particularly if the ferrofluid is already attracted to the magnet, it will not fall away by changing the position of the container as long the magnet and container are secured within the packaging disclosed by GamerPapa and not distanced further away from one another.
Regarding claims 3, 13 and 15, as seen at 0:45, GamerPapa shows space between the magnet and container that is filled by a strip portion of the foam insert, foam is an insulator.
Regarding claims 5 and 19, GamerPapa discloses as seen at 2:11 there is no staining along the bottom of the container caused by the magnet or ferrofluid material. With this in mind, the magnetic field is sufficiently weak to prevent staining.
Regarding claim 14, GamerPapa further discloses that the magnet includes a black cover at least partially surrounding the magnetic field generator, the covered magnet is best seen at around 0:55 and again around 3:30 of the video disclosure, the black magnet covers also provides insulation to the magnet.
Regarding claim 16, GamerPapa discloses the positioning of the magnets at the bottom of the container body, the bottom is relatively near to the lower sides of the container body, thus meeting the limitation of claim 16.
Claim(s) 1-20 are rejected under 35 U.S.C. 35 U.S.C. 102(a)(1) as being anticipated by “Visualizing Magnetics With a Fluid - Unboxing FerroFluid” by Unbox Authority, 7 February 2018, https://www.youtube.com/watch?v=t_bzT0cPa40.
Regarding claims 1-4, 6-8, 10-12, and 20, Unbox Authority discloses a ferrofluid container system comprising:
a ferrofluid container comprising a transparent container body having a top wall, a bottom wall, and a sidewall extending from the top wall to the bottom wall, wherein the top wall, bottom wall, and sidewall define an interior space that contains a ferrofluid, and wherein the top wall includes a closure region having an opening into the interior space and a closure member adapted to selectively close the opening;
a magnetic field generator located exterior to the container body, the magnetic field generator adapted to generate a magnetic field that extends into the interior space, the magnetic field generator (magnet) being positioned in proximity to the sidewall, bottom wall, or a portion of the top wall away from the closure region; and
a protective carrier, foam block insert seen at 0:48, adapted to contain and maintain the positioning of the container body and the magnetic field generator, wherein the magnetic field is sufficiently strong to attract the ferrofluid in the interior space, as seen at 0:49 seconds, the ferrofluid is against the bottom of the container toward the magnets housed along the bottom of the container and only at around 0:51 seconds, does the ferrofluid fall away from the bottom of the container as the container is lifted out of the packaging.
Further regarding the limitation of claim 20, “the ferrofluid attracting member is effective in maintaining the stability of the ferrofluid in the interior space of the container body during shipping regardless of the orientation of the packaged ferrofluid container” as seen starting around 4:25, Unbox Authority shows how the magnet attracts the ferrofluid even when the ferrofluid and magnet are spaced significantly far from one another and defies gravity thereby showing that the magnetic attraction is sufficient to draw the ferrofluid toward the container while the container is positioned in any direction and particularly if the ferrofluid is already attracted to the magnet, it will not fall away by changing the position of the container as long the magnet and container are secured within the packaging disclosed by Unbox Authority and not distanced further away from one another.
Regarding claims 5 and 19, as seen at around 2:30, Unbox Authority discloses that the container is clear and transparent and has no staining due to the strength of the magnetic field generated or the ferrofluid.
Regarding claims 9 and 18, Unbox Authority discloses at around 0:48 seconds, that the container is received in one cavity of the white foam block and the system according to claim 8 where the foam block has a cavity adapted to receive the container body and a cavity for securing the magnet.
Regarding claims 13 -15, Unbox Authority discloses black holding pieces that cover a part of the magnet, seen at 1:10-1:32 of the disclosure, is provided between the magnetic field generator and the container body and provide insulation and the foam block includes a strip between the magnet and container providing additional insulation.
Regarding claims 16 and 17, Unbox Authority discloses the positioning of the magnets at the bottom of the container body, the bottom is relatively near to the lower sides of the container body, thus meeting the limitation of claim 16.
Response to Arguments
Applicant argues that examiner addressing the box and barcode is beside the point. In response, the box and barcode were discussed since it was Examiner’s understanding that Applicant’s position that the box and barcode provided by Chengdu Amoeba Magnetic Co., Ltd, (see Affidavit Exhibits) is the same box and barcode seen in the JBT video somehow proved that Amoeba disclosed the invention to a third party. As stated in the remarks, applicant only infers that the JBT Video Product came from Amoeba. Examiner shows the same box and same barcode housing the same products from over one year before the 35 U.S.C. 102 B exception dates to address applicant’s same box/same barcode rationale. The argument against the JBT Video disclosure is moot in light of the rejection at hand, above.
Further prior art evidence was provided showing the same box, same barcode, and same claimed invention from well before the grace period of 1 year prior to the effective filing date. That prior art is used herein. With this in mind, applicant’s affidavit regarding JBT has been addressed in light of the new art applied.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOLLIE L IMPINK whose telephone number is (571)270-1705. The examiner can normally be reached Monday-Friday (7:30-3:30).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Stashick can be reached at (571) 272-4561. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MOLLIE LLEWELLYN IMPINK
Primary Examiner
Art Unit 3799
/MOLLIE IMPINK/Primary Examiner, Art Unit 3799