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 .
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.
Claims 1-20 are 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. In claim 1, the phrases “the first coupling portion” and “the second coupling portion” lack proper antecedent basis. In claim 2, the phrases “a pair of first coupling portions” and “a pair of second coupling portions” are vague, confusing and indefinite because these phrases have no clear meaning as to whether the one of the front wall or the rear wall comprises one or more first coupling portions as in claim 1 and also a pair of first coupling portions as in claim 2 and the other of the front wall or the rear wall comprises one or more second coupling portions as in claim 1 and also a pair of second coupling portions as in claim 2? In claim 7, the term “om” [sic] is inaccurate and indefinite. In claims 9, 16 and 18, the phrase “the front side wall” lacks proper antecedent basis. In claim 13, the phrases “the first side wall” and “the second side wall” lack proper antecedent basis. It appears that claim 13 is depending on claim 9 instead of claim 1. The phrases “one or more third coupling portions” and “one or more fourth coupling portions” in claims 16-20 are inaccurate and indefinite because there are no first and second coupling portions in claim 16. Also, the phrases “a second fixing portion” in claim 19 and “a second fixing step” in claim 20 are inaccurate and indefinite because there are no first fixing portion and first fixing step in claim 16.
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.
(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.
Claim(s) 1, 2, 4-8, 10, 13 and 15 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Cataudella et al. (2017/0035177; hereinafter Cataudella).
As to claim 1, Cataudella discloses at least one razor cartridge protective case (20; 120; 220; 320) each comprising a receiving space (24) configured to receive at least a portion of a razor cartridge (50) extending in a longitudinal direction, the at least one razor cartridge protective case each comprising a front wall (30) disposed at a front of the receiving space, a rear wall (32) disposed at a rear of the receiving space and opposing the front wall in a lateral direction perpendicular to the longitudinal direction, one of the front wall or the rear wall comprises one or more first coupling portions (40, 41), the other one of the front wall or the rear wall comprises one or more second coupling portions (46, 47), and the one or more first coupling portions is detachably coupled to the one or more second coupling portion of another razor cartridge protective case along a height direction perpendicular to the longitudinal direction and the lateral direction.
As to claim 2, Cataudella further discloses the one or more first coupling portions comprise a pair of first coupling portions (40, 41, 44, 45) spaced apart from each other in the longitudinal direction, the one or more second coupling portions comprise a pair of second coupling portions (42, 43, 46, 47) spaced apart from each other in the longitudinal direction. Cataudella also discloses the pair of first coupling portions protrude in a direction away from the receiving spaced to form a sliding space, and the pair of second coupling portions are slidable within the sliding space of the another razor cartridge protective case in the height direction.
As to claim 4, Cataudella further discloses at least some of the pair of first coupling portions protrude in a direction away from each other (the enlarge end 41 extends downwardly while the opening of the recess 45 extends upwardly; Fig. 2).
As to claim 5, Cataudella discloses each of the pair of second coupling portions comprises a first inclined guide surface (the enlarge end 43 has the inclined surface and the entrance of the recess 47 has the inclined surface) formed on the second coupling portion to be inclined with respect to the height direction, and the first inclined guide surface is configured to guide a coupling direction of the first coupling portion in response to the first coupling portion being slidingly coupled to the second coupling portion of the another packaging box/another razor cartridge protective case.
As to claim 6, Cataudella further discloses one of the front wall or the rear wall comprises a first fixing portion (42, 43) elastically coupled to a corresponding one the front wall or the rear wall of the another razor cartridge protective case.
As to claim 7, Cataudella further discloses the other one of the front wall or the rear wall comprises a first fixing step (44, 45) that limits a movement of the first fixing portion in the height direction in response to the first fixing portion being elastically coupled.
As to claim 8, Cataudella discloses the other one of the front wall or the rear wall comprises a first stop surface (the bottom surface of the recess 45) configured to limit downward movement in the height direction of the first fixing portion, and the first fixing step comprises a second stop surface (the surface of the sealing surface 26) configured to limit the movement of the first fixing portion in the height direction and in an upward direction.
As to claim 10, Cataudella discloses at least one of the front wall or the rear wall comprises a second inclined guide surface formed on at least one of the front wall or the rear wall to be inclined with respect to the height direction (Fig. 7 shows the rear wall 132, 232 is inclined as claimed).
As to claim 13, Cataudella further discloses a base (38; 138; 238) as claimed, a base upper surface (adjacent the front wall 30), a base lower surface (adjacent the rear wall 32), the base lower surface comprises an upper and lower coupling portion (Figs. 1 & 7 show two dots/foot adjacent the front wall; each dot is considered equivalent to an upper coupling portion or a lower coupling portion as claimed).
As to claim 15, Cataudella further discloses a base (38; 138; 238) and at least one inclined surface (see the inclined wall 132; 232) as claimed.
Claim(s) 1, 10, 13 and 15 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by McNally et al. (10,188,189; hereinafter McNally).
As to claim 1, McNally discloses at least one razor cartridge protective case (20; 120) each comprising a receiving space (24) configured to receive at least a portion of a razor cartridge (50) extending in a longitudinal direction, the at least one razor cartridge protective case each comprising a front wall (30) disposed at a front of the receiving space, a rear wall (32) disposed at a rear of the receiving space and opposing the front wall in a lateral direction perpendicular to the longitudinal direction, one of the front wall or the rear wall comprises one or more first coupling portions (70, 78), the other one of the front wall or the rear wall comprises one or more second coupling portions (70, 76), and the one or more first coupling portions is detachably coupled to the one or more second coupling portion of another razor cartridge protective case along a height direction perpendicular to the longitudinal direction and the lateral direction (Figs. 1 & 9).
As to claim 10, McNally discloses at least one of the front wall or the rear wall comprises a second inclined guide surface formed on at least one of the front wall or the rear wall to be inclined with respect to the height direction (Fig. 2 shows the front wall 30 is inclined as claimed).
As to claim 13, McNally further discloses a base (38) as claimed, a base upper surface (adjacent the front wall 30), a base lower surface (adjacent the rear wall 32), the base lower surface comprises an upper and lower coupling portion (Fig. 2 shows a dot/foot adjacent the front wall and the rear wall; each dot is considered equivalent to an upper coupling portion or a lower coupling portion as claimed).
As to claim 15, McNally further discloses a base (38) and at least one inclined surface (see the inclined wall 30) as claimed.
Claim(s) 1, 2, 4-9, 11-12 and 16-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Vola (4,889,254).
As to claim 1, Vola discloses at least one packaging box/at least one razor cartridge protective case (1) each comprising a receiving space (within the body 2) which is inherently capable to receive at least a portion of a razor cartridge extending in a longitudinal direction (from one side wall 8 to an opposite side wall 11; Fig. 2), the at least one razor cartridge protective case each comprising a front wall (7) disposed at a front of the receiving space, a rear wall (10) disposed at a rear of the receiving space and opposing the front wall in a lateral direction perpendicular to the longitudinal direction, one of the front wall or the rear wall comprises one or more first coupling portions (12), the other one of the front wall or the rear wall comprises one or more second coupling portions (9), and the one or more first coupling portions is detachably coupled to the one or more second coupling portion of another packaging box/razor cartridge protective case along a height direction perpendicular to the longitudinal direction and the lateral direction (Fig. 3).
As to claim 2, Vola further discloses the one or more first coupling portions comprise a pair of first coupling portions (12, 12) spaced apart from each other in the longitudinal direction, the one or more second coupling portions comprise a pair of second coupling portions (9, 9) spaced apart from each other in the longitudinal direction. Vola also discloses the pair of first coupling portions protrude in a direction away from the receiving spaced to form a sliding space, and the pair of second coupling portions are slidable within the sliding space of the another razor cartridge protective case in the height direction.
As to claim 4, Vola further discloses at least some of the pair of first coupling portions protrude in a direction away from each other (Fig. 2).
As to claim 5, Vola discloses each of the pair of second coupling portions comprises a first inclined guide surface (the male guide 9 has the inclined surface) formed on the second coupling portion to be inclined with respect to the height direction, and the first inclined guide surface is configured to guide a coupling direction of the first coupling portion in response to the first coupling portion being slidingly coupled to the second coupling portion of the another packaging box/another razor cartridge protective case.
As to claim 6, Vola further discloses one of the front wall or the rear wall comprises a first fixing portion (9) elastically coupled to a corresponding one the front wall or the rear wall of the another razor cartridge protective case.
As to claim 7, Vola further discloses the other one of the front wall or the rear wall comprises a first fixing step (12, 13) that limits a movement of the first fixing portion in the height direction in response to the first fixing portion being elastically coupled.
As to claim 8, Vola discloses the other one of the front wall or the rear wall comprises a first stop surface (13) configured to limit downward movement in the height direction of the first fixing portion, and the first fixing step comprises a second stop surface (13) configured to limit the movement of the first fixing portion in the height direction and in an upward direction.
As to claim 9, Vola further discloses a first side wall (8) and a second side wall (11) disposed on longitudinal sides of the receiving space between the front wall and the rear wall, one of the first side wall or the second side wall comprises a third coupling portion (9; 12) and the other one of the first side wall or the second side wall comprises a fourth coupling portion (12; 9) as claimed.
As to claim 11, Vola further discloses the front wall comprises a pair of longitudinal front walls (see Fig. 1 below) spaced apart from each other in the longitudinal direction and at least one center front wall disposed between the pair of longitudinal front walls and the rear wall is similar to the front wall.
As to claim 12, see Fig. 1 below.
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As to claim 16, Vola discloses at least one packaging box/at least one razor cartridge protective case (1) each comprising a receiving space (within the body 2) which is inherently capable to receive at least a portion of a razor cartridge extending in a longitudinal direction (from one side wall 8 to an opposite side wall 11; Fig. 2), the at least one razor cartridge protective case each comprising a first side wall (8) disposed on one side of the receiving space, a second side wall (11) disposed on the other side of the receiving space which is opposed to the first side wall in the longitudinal direction, one of the first side wall or the second side wall comprises one or more third coupling portions (9; 12), the other one of the first side wall or the second side wall comprises one or more fourth coupling portions (12; 9), and the one or more third coupling portions is detachably coupled to the one or more fourth coupling portion of an another packaging box/razor cartridge protective case (Fig. 3).
As to claim 17, Vola discloses the third coupling portion is configured to be slidably coupled to the fourth coupling portion of the another razor cartridge protective case along a direction parallel to a height direction perpendicular to the longitudinal direction (Fig. 3).
As to claim 18, Vola discloses the one or more third coupling portions comprises a pair of third coupling portions (9, 9; 12, 12) space apart from each other in a lateral direction, the one or more fourth coupling portions comprises a pair of fourth coupling portions (12, 12; 9, 9), the pair of third coupling portions are configured to protrude in a direction away from the receiving space to form a sliding space, and the pair of fourth coupling portions are slidable within the sliding space of the another razor cartridge protective case in a direction parallel to a height direction perpendicular to the longitudinal direction.
As to claim 19, Vola discloses one of the first side wall or the second side wall further comprises a second fixing portion as claimed (each side wall comprises two coupling portions (9, 9; 12, 12) and one of the coupling portions is considered equivalent to one or more third/fourth coupling portions as claimed in claim 16 and a second one of the coupling portions is considered equivalent to a second fixing portion as claimed in claim 19).
As to claim 20, Vola further discloses the other one of the first side wall or the second side wall further comprises a second fixing step as claimed (each side wall comprises two coupling portions (9, 9; 12, 12) and one of the coupling portions (9) is considered equivalent to one or more third/fourth coupling portions as claimed in claim 16 and a second one of the coupling portions (9) is considered equivalent to a second fixing portion as claimed in claim 19; and the other one of the first side wall or the second side wall comprising a second fixing step (12)).
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) 9, 11-12 and 16-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cataudella in view of Vola.
As to claim 9, Cataudella discloses the at least one razor cartridge protective case as above having most of the limitations of the claim and further discloses a first side wall (34) and a second side wall (36) as claimed. However, Cataudella fails to show one of the first side wall or the second side wall comprises a third coupling portion and the other one of the first side wall or the second side wall comprises a fourth coupling portion, and the third coupling portion is detachably coupled to the fourth coupling portion of another razor cartridge protective case as claimed. Vola discloses the at least one packaging box/at least one razor cartridge protective case (1) as above and further discloses a first side wall (8) and a second side wall (11) disposed on longitudinal sides of the receiving space between the front wall and the rear wall, one of the first side wall or the second side wall comprises a third coupling portion (9; 12) and the other one of the first side wall or the second side wall comprises a fourth coupling portion (12; 9) as claimed. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention in view of Vola to modify the at least one razor cartridge protective case of Cataudella so the at least one razor cartridge protective case is constructed with one of the first side wall or the second side wall comprises a third coupling portion and the other one of the first side wall or the second side wall comprises a fourth coupling portion, and the third coupling portion is detachably coupled to the fourth coupling portion of another razor cartridge protective case as claimed for allowing the at least one razor cartridge protective case connects with the another razor cartridge protective case in a lateral direction which is perpendicular to the longitudinal direction and because the substitution of one known element for another would have yielded predictable results to one of ordinary skill in the art at the time of the invention.
As to claims 11-12 and 16-20, see the at least one razor cartridge protective case of Vola as above.
Allowable Subject Matter
Claims 3 and 13-14 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LUAN K BUI whose telephone number is (571)272-4552. The examiner can normally be reached Generally M-F, 7-4.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E. Avilés can be reached on 571-270-5531 or orlando.aviles-bosques@uspto.gov. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LUAN K BUI/
Primary Examiner, Art Unit 3736