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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the:
“a plurality of adjustable airflow vents” in claim 1”.
“an ergonomic handle integrated into the upper portion of the container, the handle being contoured to fit a natural grip of a user's hand and coated with a non-slip material” in claim 6;
“a transparent viewing window and a hygrometer visible therethrough, enabling monitoring of internal humidity levels without opening the container” in claim 5;
“the base portion including anti- vibration features to prevent rattling during transport” in claim 7;
“a user interface on an exterior surface of the container body, the user interface comprising interactive controls enabling adjustment of internal humidity conditions and configuration of the positioning subsystem without opening the container body” in claim 12
“wherein the moisture-retaining component comprises replaceable moisture pads impregnated with antimicrobial agents and includes a visual indicator that signals when replacement is needed based on moisture saturation level” in claim 14
“a tiered positioning system within the body, wherein the tiered positioning system comprises multiple vertically arranged platforms configured to hold diaphragm mouth calls at different heights relative to the moisture-retaining component” and “a magnetic securing mechanism integrated into each platform of the tiered positioning system to hold the diaphragm mouth calls in place” in claim 15;
“wherein the hydrogel is contained within a removable cartridge that includes a visual moisture level indicator visible from the exterior of the container” in claim 17
“a rotatable dial integrated into an exterior surface of the body, wherein rotation of the dial adjusts the vertical position of at least one platform of the tiered positioning system” in claim 18;
“wherein the body includes a transparent section positioned to allow visual inspection of the moisture-retaining component without opening the container” in claim 19;
“wherein the magnetic securing mechanism comprises a series of embedded magnets arranged in a pattern that corresponds to standard diaphragm mouth call dimensions” in claim 20
must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claim 18 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 18 recites the limitation " a rotatable dial integrated into an exterior surface of the body, wherein rotation of the dial adjusts the vertical position of at least one platform of the tiered positioning system" in line 1-3 is unclear what the “rotatable dial” is and how it moves the platform in the tiered system because there is no support in the specifications and drawings do not show how it would with the invention. Is there a rotatory element that is connected to some other mechanism that Is not shown? For purpose of examination, the limitation will be interpreted as “tiered positioning system configured to have a rotatable dial integrated into an exterior surface of the body, wherein rotation of the dial adjusts the vertical position of at least one platform.”
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 6 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 6 recites “an ergonomic handle integrated into the upper portion of the container, the handle being contoured to fit a natural grip of a user's hand and coated with a non-slip material” which does not have any support in the drawings or the specification. Specification do not recite any “handle”.
Claim 12 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 12 recites “a user interface on an exterior surface of the container body, the user interface comprising interactive controls enabling adjustment of internal humidity conditions and configuration of the positioning subsystem without opening the container body” which does not have any support in the drawings or the specification. Specification do not recite any “user interface”.
Claim 14 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 6 recites “a visual indicator that signals when replacement is needed based on moisture saturation level” which does not have any support in the drawings or the specification. Specification do not recite any “visual indicator”.
Claim 15 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 6 recites “a magnetic securing mechanism integrated into each platform of the tiered positioning system to hold the diaphragm mouth calls in place” which does not have any support in the drawings or the specification. Specification do not recite how the tiered positioning system working with the magnetic securing mechanism.
Claim 18 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 18 recites “a rotatable dial integrated into an exterior surface of the body, wherein rotation of the dial adjusts the vertical position of at least one platform of the tiered positioning system” which does not have any support in the drawings or the specification. Specification do not recite any “dial”.
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) 1,3,7-10 and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shi (US 9149031 B2).
Regarding claim 1, Shi teaches a container for storing diaphragm mouth calls (fig.11 shows the container 202 that is capable of storing diaphragm mouth calls), comprising:
a body having an internal cavity configured to enclose one or more diaphragm mouth calls (see annotated fig.10 below shows the body having an internal cavity capable of enclosing one or more diaphragm mouth calls; it is noted that “diaphragm mouth calls” are not positively claimed and hold no patentable weight);
a moisture control system integrated within the body, the moisture control system comprising a moisture-retaining component and a plurality of adjustable airflow vents (see annotated fig.10 below for moisture control system that is integrated within the body i.e. top of the moisture system is inside the container body, having a internal cavity which is the moisture-retaining component and airflow vents); and
a magnetic securing system within the body, the magnetic securing system comprising a magnetic plate configured to secure the diaphragm mouth calls in position (see annotated fig.10 below for a magnetic securing system within the body and the plate capable of securing the diaphragm mouth calls in position).
Annotated fig.10 of Shi
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Regarding claim 3, the references as applied to claim 1 above discloses all the limitations substantially claimed. Shi further teaches wherein the magnetic plate comprises multiple magnetic zones of varying magnetic strengths, configured to accommodate diaphragm mouth calls of different sizes and weights (see annotated fig.10 above where the plate comprises multiple magnetic zones i.e. top and bottom of the plate that will have different strengths of the magnet that would be acting on it).
Regarding claim 7, the references as applied to claim 1 above discloses all the limitations substantially claimed. Shi further teaches wherein the body comprises a base portion dimensioned to fit within a standard vehicle cup holder, the base portion including anti- vibration features to prevent rattling during transport (see annotated fig.10 above for the body comprising base portion that is capable of fit within a standard vehicle cup holder fig.11 shows the anti-vibration feature 274 that is capable of preventing rattling during transport; it is noted that applicant has not disclosed what the anti-vibration feature is or the dimensions of the base that fits into a cup holder ).
Regarding claim 8, Shi teaches a system for storing and preserving diaphragm mouth calls, comprising (fig.11 shows the container 202 that is capable of storing and preserving diaphragm mouth calls):
a container body having an internal cavity configured to enclose one or more diaphragm mouth calls (see annotated fig.10 above shows the body having an internal cavity capable of enclosing one or more diaphragm mouth calls; it is noted that “diaphragm mouth calls” are not positively claimed and hold no patentable weight);
a humidity regulation subsystem comprising a moisture-retaining component housed within the container body and configured to maintain a predetermined humidity level inside the container body (see annotated fig.10 above for the moisture control system comprising a internal cavity that is the moisture-retaining component housing within the container body i.e. top of the moisture system is inside the container body when assembled and capable of maintain a predetermined humidity level inside the container body; it is noted that “a predetermined humidity level” is not positively claimed as the claim recites “configured”); and
a positioning subsystem within the container body configured to secure the diaphragm mouth calls in multiple positions relative to the moisture-retaining component (see annotated fig.10 above for the positioning subsystem including the magnetic securing system and the plate within the container body and capable of securing the diaphragm mouth calls in multiple positioned relative to the moisture control system).
Regarding claim 9, the references as applied to claim 8 above discloses all the limitations substantially claimed. Shi further teaches wherein the positioning subsystem comprises: a magnetic plate disposed within the container body; and a plurality of adjustable dividers configured to interact with the magnetic plate to secure the diaphragm mouth calls in various orientations (see annotated fig.10 above for the magnetic plate disposed within the container body and adjustable dividers 220 are capable of interacting with the plate to secure the calls in various orientations; it is noted that “configured to” is a capable of limitation and the limitation is not positively claimed).
Regarding claim 10, the references as applied to claim 9 above discloses all the limitations substantially claimed. Shi further teaches wherein the magnetic plate comprises multiple magnetic zones with varying magnetic strengths to provide differential securing based on size and weight of the diaphragm mouth calls (see annotated fig.10 above where the plate comprises multiple magnetic zones i.e. top and bottom of the plate that will have different strengths of the magnet that would be acting on it).
Regarding claim 12, the references as applied to claim 8 above discloses all the limitations substantially claimed. Shi further teaches a user interface on an exterior surface of the container body, the user interface comprising interactive controls enabling adjustment of internal humidity conditions and configuration of the positioning subsystem without opening the container body (fig.10 shows the user interface 220 that are on an exterior surface of the container body and comprises interactive controls 234’s that can enable adjustments of internal humidity without opening the body).
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 2 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shi (US 9149031 B2) and further in view of Yang (US 20220031049 A1).
Regarding claim 2, the references as applied to claim 1 above discloses all the limitations substantially claimed. Shi does not teach wherein the moisture-retaining component comprises a replaceable moisture pad impregnated with antimicrobial agents to prevent growth of mold and bacteria.
Yang does teach wherein the moisture-retaining component comprises a replaceable moisture pad impregnated with antimicrobial agents to prevent growth of mold and bacteria (“For example, in some embodiments, any or all of the integrated device 100, the container 200, and/or the contactor or contact device 300 can comprise an antimicrobial texture, an antimicrobial coating or covering, and/or an antimicrobial liquid reservoir or antimicrobial-emitting substance (such as a chamber, sponge, pad, capsule, etc.).”-0016). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the moisture retaining component disclosed by claim 1 by adding the teaching of a replaceable moisture pad as disclosed by Yang in order to have antimicrobial properties to keep the components and mouth calls clean and sterile.
Regarding claim 14, the references as applied to claim 8 above discloses all the limitations substantially claimed. Shi does not teach wherein the moisture-retaining component comprises replaceable moisture pads impregnated with antimicrobial agents and includes a visual indicator that signals when replacement is needed based on moisture saturation level.
Yang does teach wherein the moisture-retaining component comprises replaceable moisture pads impregnated with antimicrobial agents and includes a visual indicator that signals when replacement is needed based on moisture saturation level(“For example, in some embodiments, any or all of the integrated device 100, the container 200, and/or the contactor or contact device 300 can comprise an antimicrobial texture, an antimicrobial coating or covering, and/or an antimicrobial liquid reservoir or antimicrobial-emitting substance (such as a chamber, sponge, pad, capsule, etc.)….. In some embodiments, a replaceable cartridge can be inserted into a cavity within the integrated device, or a chamber or substance can be refilled or soaked up with an antimicrobial, as is contemplated in all embodiments illustrated in this specification.”-0016). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the moisture retaining component disclosed by claim 1 by adding the teaching of a replaceable moisture pad as disclosed by Yang in order to have antimicrobial properties to keep the components and mouth calls clean and sterile.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shi (US 9149031 B2) and further in view of Liang (US 20240425249 A1).
Regarding claim 4, the references as applied to claim 1 above discloses all the limitations substantially claimed. Shi does not teach wherein the adjustable airflow vents are operable from the exterior of the container and include filters to prevent ingress of dust and particulate matter.
Liang does teach wherein the adjustable airflow vents are operable from the exterior of the container and include filters to prevent ingress of dust and particulate matter (fig.1 shows the air vents 15 that are adjustable and are operable from the exterior of the container and includes the filter 6 to prevent ingress of dust and particulate matter on the parts where it covers the vents; applicant has not defined the “filters” and how they work or shown in the drawings). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the air vents disclosed by claim 1 by adding the teaching of adjustable vents with the filter as disclosed by Liang in order to control the amount of air and particulate that enter the container though the vents.
Claim(s) 5 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shi (US 9149031 B2) and further in view of Slate (US 20200037661 A1).
Regarding claim 5, the references as applied to claim 1 above discloses all the limitations substantially claimed. Shi does not teach a transparent viewing window and a hygrometer visible therethrough, enabling monitoring of internal humidity levels without opening the container.
Slate does teach a transparent viewing window and a hygrometer visible therethrough, enabling monitoring of internal humidity levels without opening the container (fig.1 shows the container transparent lid 100 and fig. 2 shows the hygrometer 102 that can monitor internal humidity levels without opening the container). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the container disclosed by claim 1 by adding the teaching of transparent window with hygrometer as disclosed by Slate in order to look inside the container without opening and monitor conditions inside the container though hygrometer.
Regarding claim 11, the references as applied to claim 8 above discloses all the limitations substantially claimed. Shi further teaches wherein the humidity regulation subsystem further comprises: a plurality of adjustable airflow vents integrated into walls of the container body (fig.10 above shows the adjustable airflows vents integrated into walls of the container body). Shi does not teach a hygrometer visible through a viewing window of the container body to enable monitoring of internal humidity levels without opening the container body.
Slate does teach a hygrometer visible through a viewing window of the container body to enable monitoring of internal humidity levels without opening the container body (fig.1 shows the container transparent lid 100 and fig. 2 shows the hygrometer 102 that can monitor internal humidity levels without opening the container). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the container disclosed by claim 1 by adding the teaching of transparent window with hygrometer as disclosed by Slate in order to look inside the container without opening and monitor conditions inside the container though hygrometer.
Claim(s) 6 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shi (US 9149031 B2) and further in view of Williams (US 20070242904 A1).
Regarding claim 6, the references as applied to claim 1 above discloses all the limitations substantially claimed. Shi does not teach an ergonomic handle integrated into the upper portion of the container, the handle being contoured to fit a natural grip of a user's hand and coated with a non-slip material.
Williams does teach an ergonomic handle integrated into the upper portion of the container, the handle being contoured to fit a natural grip of a user's hand and coated with a non-slip material (fig.1 shows the ergonomic handle 80 integrated into the upper portion of the container and the handle is contoured to fit a natural grip of a user’s hand and coated with a non-slip material 82a). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the container disclosed by Shi by adding the teaching handle with non-slip material as disclosed by Williams in order to facilitating secure grasping and handling of container. “ Handles 62, 64 further comprise non-slip, ergonomic rubber gripping pads 62a, 64a, respectively, for facilitating secure grasping and handling of bag 10.” (0028, Williams)
Regarding claim 13, the references as applied to claim 8 above discloses all the limitations substantially claimed. Shi further teaches wherein the container body comprises: a base portion dimensioned to fit within a standard vehicle cup holder (see annotated fig.10 above for the body comprising base portion that is capable of fit within a standard vehicle cup holder). Shi does not teach wherein an ergonomic handle integrated into an upper portion of the container body, the handle being contoured to fit a natural grip of a user's hand .
Williams does teach an ergonomic handle integrated into an upper portion of the container body, the handle being contoured to fit a natural grip of a user's hand (fig.1 shows the ergonomic handle 80 integrated into the upper portion of the container and the handle is contoured to fit a natural grip of a user’s hand). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the container disclosed by Shi by adding the teaching handle as disclosed by Williams in order to facilitating secure grasping and handling of container. “ Handles 62, 64 further comprise non-slip, ergonomic rubber gripping pads 62a, 64a, respectively, for facilitating secure grasping and handling of bag 10.” (0028, Williams)
Claim(s) 15-16,18 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wong (US 20150196370 A1) and further in view of Oliveri (US 20250361064 A1).
Regarding claim 15, Wong teaches a container for storing diaphragm mouth calls (fig.1 shows the container 10 that is capable of storing and preserving diaphragm mouth calls), comprising:
a body configured to enclose one or more diaphragm mouth calls (see annotated fig.4 below for the container body capable of enclosing one or more diaphragm mouth calls; it is noted that mouth calls are not positively claimed and hold no patentable weight); a moisture-retaining component positioned within the body (see annotated fig.10 above for the moisture control system positioned within the body),
a tiered positioning system within the body, wherein the tiered positioning system comprises multiple vertically arranged platforms configured to hold diaphragm mouth calls at different heights relative to the moisture-retaining component (see annotated fig.4 below for the tiered positioning system within the body having vertically arranged platforms capable of holding mouth calls at different heights relative to the moisture-retaining component); and
a magnetic securing mechanism integrated into each platform of the tiered positioning system to hold the diaphragm mouth calls in place (fig.3 shows the magnetic discs 132,134,136,138,140,142 that are integrated into each platform for tiered positioned to hold the calls in place). Wong does not teach wherein the moisture-retaining component comprises a hydrogel formulated to maintain a predetermined humidity level inside the container.
Oliveri teaches wherein the moisture-retaining component comprises a hydrogel formulated to maintain a predetermined humidity level inside the container (“Examples of suitable humidity absorbers include, without limitation, silica gels, dehydrating clays, activated alumina, calcium oxide, barium oxide, natural or synthetic zeolites, molecular or similar sieves, or deliquescent salts such as magnesium sulfide, calcium chloride, aluminum chloride, lithium chloride, calcium bromide, zinc chloride or the like. Preferably, the humidity absorber is a molecular sieve and/or a silica gel.”-0030; according to applicant’s specification silica gel is a hydrogel). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the container disclosed by Wong by adding the silica gel as disclosed by Oliveri in order to control the humidity within the container.
Annotated fig.4 of Wong
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Regarding claim 16, the references as applied to claim 15 above discloses all the limitations substantially claimed. Wong as modified in claim 15 further teaches wherein the tiered positioning system comprises three vertically arranged platforms, with each platform positioned at a different predetermined distance from the moisture-retaining component to create distinct humidity exposure zones within the container (see annotated fig.4 above for more than three vertical arranged platform and each at predetermined distance from the component to create district humidity exposure zones within the container).
Regarding claim 18, as best understood based on 112 issue identified above, the references as applied to claim 15 above discloses all the limitations substantially claimed. Wong as modified in claim 15 further teaches tiered positioning system configured to have a rotatable dial integrated into an exterior surface of the body, wherein rotation of the dial adjusts the vertical position of at least one platform (fig.4 above the tiered system is capable of having a rotatable dial integrated into an exterior surface of the body and can adjust the platform)
Regarding claim 20, the references as applied to claim 15 above discloses all the limitations substantially claimed. Wong as modified in claim 15 further teaches wherein the magnetic securing mechanism comprises a series of embedded magnets arranged in a pattern that corresponds to standard diaphragm mouth call dimensions (fig.3 shows the magnetic discs 132,134,136,138,140,142 that are embedded magnets arranged in a pattern that correspond to a standard mouth call dimensions; it is noted that mouth calls still have not been positively claimed).
Claim(s) 17 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over references as applied to claim 15 above and further in view of Slate (US 20200037661 A1).
Regarding claim 17, the references as applied to claim 15 above discloses all the limitations substantially claimed. Wong as modified in claim 15 further teaches wherein the hydrogel is contained within a removable cartridge that includes a visual moisture level indicator visible from the exterior of the container (fig.7 shows the silica gel is in a removable cartridge 4). Wond as modified does not teach wherein a visual moisture level indicator visible from the exterior of the container.
Slate does teach wherein a visual moisture level indicated visible from the exterior of the container (fig. 2 shows the hygrometer 102 that can monitor internal humidity levels without opening the container). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the container disclosed by claim 15 by adding the teaching of hygrometer on exterior of the container as disclosed by Slate in order to monitor conditions inside the container though hygrometer without opening the container.
Regarding claim 19, the references as applied to claim 15 above discloses all the limitations substantially claimed. Wong as modified in claim 15 does not teach wherein the body includes a transparent section positioned to allow visual inspection of the moisture-retaining component without opening the container.
Slate does teach wherein the body includes a transparent section positioned to allow visual inspection of the moisture-retaining component without opening the container (fig.1 shows the container transparent lid 100). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the container disclosed by claim 15 by adding the teaching of transparent window as disclosed by Slate in order to look inside the container without opening and monitor conditions inside the container contents.
Conclusion
See PTO-892 for the prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Applicant’s failure to claim the mouth calls or game calls positively takes the invention out of the field of endeavor as any invention can be configured to hold a mouth or game call as highlighted by the rejection. Caola (US5794802A) was also considered as a possible reference for rejection.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PRINCE PAL whose telephone number is (571)272-7525. The examiner can normally be reached M-Th, 9:30 AM - 7:30 PM (EST).
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/PRINCE PAL/Examiner, Art Unit 3735
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