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.
Claim Objections
Claims 1-5 is/are objected to because of the following informalities:
In claim 1, ln. 1, the preamble reads, “A packaging member…” could read “A packaging member assembly…”
In claims 2-5, ln. 1, the preamble of each claim reads, “The packaging member according to…” could read “The packaging member assembly according to…”
In claim 1, ln. 2, the phrase, “…a packaging box that has, on an upper side therein…” could read “…a packaging box [[that]] has, on an upper side therein…” to better conform to U.S. practice.
In claim 1, ln. 2-15, the phrase in each instance, “…to be packaged…” is not needed and to better conform to U.S. practice.
In claim 4, ln. 2-8, the phrase in each instance, “…to be packaged…” is not needed and to better conform to U.S. practice.
The forgoing analysis may not be exhaustive. Applicant should carefully proofread all claims and make all necessary corrections.
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tanaka (JP 2005022680 A; hereinafter Tanaka).
Regarding claim 1, Tanaka discloses a packaging member [assembly] comprising:
a packaging box (1) that has, on an upper side therein, an opening through which a first article (2) to be packaged and a second article (i.e. any object that could be placed in the upward facing recess (24) of the respective top pads (3) – is what examiner equates to the second article to be packaged are taken into and out of the packaging box); and
an upper buffer member (either one of the two top pads (3)) that is arranged above the first article to be packaged and adjacently to the opening and internally includes a housing region (i.e. in the form of an upward facing recess (24) of the respective top pads (3); for housing the second article to be packaged),
wherein
the packaging box includes:
an outer flap (15) that is provided at an upper edge of the packaging box and is capable of opening and closing the opening;
an inner flap (7-8 and 11-13) that is provided at an upper edge of the packaging box and is arranged to underlie the outer flap when the opening is closed by the outer flap; and
a protrusion (i.e. the form of top pad pressing portions (13)) that is provided on the inner flap and protrudes, when the opening is closed by the outer flap, toward the housing region in the upper buffer member so as to contact the second article to be packaged (Tanaka [0016-0024] and Figs. 1-7).
Regarding claim 2, Tanaka further discloses wherein the protrusion is formed by cutting and raising a part of the inner flap having a flat plate shape (see Tanaka Figs. 1-3).
Alternative art rejection(s):
Claims 1-2 rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kumihashi (JP 2002255156 A; hereinafter Kumihashi).
Regarding claim 1, Kumihashi discloses a packaging member [assembly] comprising:
a packaging box (10) that has, on an upper side therein, an opening through which a first article (14) to be packaged and a second article (i.e. any object that could be placed in the receiving portion (80) or the central portion of the buffer member (13) is what examiner equates to the second article to be packaged are taken into and out of the packaging box); and
an upper buffer member (13) that is arranged above the first article to be packaged and adjacently to the opening and internally includes a housing region for housing the second article to be packaged,
wherein
the packaging box includes:
an outer flap (50) that is provided at an upper edge (51) of the packaging box and is capable of opening and closing the opening;
an inner flap (i.e. the form of pressing members (70-70b and 71-73)) that is provided at an upper edge of the packaging box and is arranged to underlie the outer flap when the opening is closed by the outer flap; and
a protrusion (77, 80 and 85; as shown in Figs. 5-6 and 9) that is provided on the inner flap and protrudes, when the opening is closed by the outer flap, toward the housing region in the upper buffer member so as to contact the second article to be packaged (Kumihashi [0017-0071] and Figs. 1-12).
Regarding claim 2, Kumihashi further discloses wherein the protrusion is formed by cutting and raising a part of the inner flap having a flat plate shape (see Kumihashi Figs. 1-2, 5-7, 9 and 10).
Allowable Subject Matter
Claims 3-5 is/are objected to as being dependent upon a rejected base claim (in particular claims 1 and 2, respectively), but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited documents are listed on the attached PTO-892 form.
Examiner has cited particular paragraphs and/or columns and line numbers in the references as applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested of the applicant, in preparing responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or prior art(s) disclosed by the Examiner (in the attached PTO-892 form).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIJESH V. PATEL whose telephone number is (571)270-1878. The examiner can normally be reached Monday - Thursday 6:00 am - 4:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E. Avilés can be reached on 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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/B. V. P./
Examiner, Art Unit 3736
/ORLANDO E AVILES/Supervisory Patent Examiner, Art Unit 3736
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