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 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.
Claims 1, 2 and 4-10 are rejected under 35 U.S.C. 103 as being unpatentable over Nakamura (EP 251,103A) in view of Murase et al. (U.S. 2017/0274273) and Ferri et al. (U.S. 2005/0126941).
Regarding claim 1, Nakamura teaches a card product 10, comprising a tray 2 having a recess (shown in figure 1), a card package including one or more product articles 14, and a packaging material 12, 40, 58 configured to maintain the card package within the recess of the tray (figure 8A) in the state where the package 14 is accommodated in the recess of the tray by covering the package (figure 8A) accommodated in the recess of the tray from above, wherein the recess of the tray has a depth such that, when the package is accommodated in the recess of the tray and is accommodated in the packaging material (figure 8A), the package does not ride up on the side walls of the recess, and a width such that, when the package is accommodated in the recess of the tray (figure 8A), the package does not move laterally (due to 12), wherein the packaging material is marked with theme of the package (“decorative coating”; paragraph [0046]), , wherein the tray, the pillow bag, and the packaging material are each formed of a single material (materials listed in paragraphs [0022], [0046]), and wherein the tray, the pillow bag, and the packaging material are disposable as separate components (separately formed components) after the one or more cards have been removed.
Nakamura discloses the claimed invention except for the package being cards and a pillow bag and except for the packaging material being sealed by heat sealing. Murase et al. teaches that it is known to provide cards in a pillow bag (see paragraph [0002]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the product of Nakamura with the package being cards in a pillow bag, as taught by Murase et al., in order to transport and display cards in a protective manner.
Further regarding claim 1, Ferri et al. teaches that it is known to heat seal the packaging material (see claim 6). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the modified product of Nakamura with the packaging material being heat sealed, as taught by Ferri et al., in order to maintain the shape of the packaging material.
Regarding claim 2, the modified product of Nakamura discloses the claimed invention except for the packaging material being transparent material. Ferri et al. teaches that it is known to form the packaging material of transparent material (see paragraph [0071]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the modified product of Nakamura with the packaging material being transparent, as taught by Ferri et al., in order to see through the packaging material to view the components of the product.
Regarding claim 4, the packaging material has a bag-shaped configuration (paragraph [0046] discloses various shapes with different numbers of walls, 3 walls can be considered bag shaped to the degree set forth in the claim).
Regarding claim 5, the pillow bag (as modified by Murase et al.) is configured to accommodate the one or more cards and is sealed by heat sealing (taught by Murase et al., paragraphs [0043]-[0044]).
Regarding claim 6, the cards are trading cards (as modified by Murase et al.; paragraph [0003]).
Regarding claim 7, the one or more cards are assigned any one of multiple values (as modified by Murase et al.; paragraph [0003]).
Regarding claim 8, the one or more cards are randomly selected from multiple types of the cards (as modified by Murase et al.; paragraph [0003]).
Regarding claim 9, the pillow bag is configured to accommodate the one or more cards such that contents of the one or more cards are not visible due to the configuration of the pillow bag with respect to the packaging material.
Regarding claim 10, the packaging material is configured to accommodate the one or more cards such that contents of the one or more cards are not visible (figure 8A).
Claims 3 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Nakamura (EP 251,103A) in view of Murase et al. (U.S. 2017/0274273) and Ferri et al. (U.S. 2005/0126941), as applied to claim 1 above, and further in view of Mayer et al. (U.S. 2018/0072086).
Regarding claim 3, the modified product of Nakamura discloses the claimed invention except for the markings. Mayer et al. teaches that it is known to provide a product with the packaging components having matching markings (see figures 1-15). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the modified product of Nakamura with the components of the product having matching markings, as taught by Mayer et al., in order to advertise the contents throughout the packaging.
Regarding claim 11, the modified product of Nakamura discloses the claimed invention except for the markings of the tray. Mayer et al. teaches that it is known to provide a product with the packaging components having matching markings (see figures 1-15). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the modified product of Nakamura with the components of the product having matching markings, as taught by Mayer et al., in order to advertise the contents throughout the packaging.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art is cited for the tray packaging.
THIS ACTION IS NON-FINAL.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NIKI MARINA ELOSHWAY whose telephone number is (571)272-4538. The examiner can normally be reached Monday through Friday 7: 00 a.m. to 3:00 p.m..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E. Avilés 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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/NIKI M ELOSHWAY/Examiner, Art Unit 3736
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