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 as failing to comply with 37 C.F.R. 1.84(q) because reference characters exist which neither have an associated lead line or indicate the surface or cross section on which they are placed. Lead lines are required for each reference character except for those which indicate the surface or cross section on which they are placed. Such a reference character must be underlined to make it clear that a lead line has not been left out by mistake. MPEP 608.02 V. See G of figure 1A and A of figure 4 for example.
The drawings are objected to as failing to comply with C.F.R 1.84(u) because view numbers must be preceded by the abbreviation "FIG." MPEP 608.02 V.
The drawings are objected to because no single reference character may be used for a given part and a modification of such part. MPEP 608.02(e). See at least 11 which has been used to designate multiple different presentation arrangements between figures 1A, 3, 6A, and 6B.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 59. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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. 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 Objections
Claims 2-20 are objected to because of the following informalities: “A presentation arrangement” should be corrected to “The presentation arrangement”. Appropriate correction is required.
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, 5, and 7-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Blin (US 6050416).
Claim 1: Blin discloses a presentation arrangement with a packaging for presenting at least one padlock that comprises a lock body and a U-bolt that can be selectively locked to the lock body or can be at least partially released from the lock body, wherein the packaging comprises a base section extending in a packaging plane and a holder for the padlock which rises from the packaging plane, wherein the holder comprises at least one holder opening through which the U-bolt of the padlock can be passed through for mounting the padlock to the packaging (see annotated fig. 4 below).
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Claim 2: Blin discloses wherein the holder comprises at least two holder openings which are arranged offset from one another and through which the U-bolt of the padlock can be passed through for mounting the padlock to the packaging (see annotated fig. 4 above).
Claim 3: Blin discloses wherein the holder extends along a width direction of the packaging, wherein the holder openings are offset from one another along the width direction (see annotated fig. 4 above).
Claim 5: Blin discloses wherein the holder comprises a plurality of pairs of holder openings, wherein at each of the pairs of holder openings a respective padlock can be mounted by passing the respective U-bolt therethrough (see annotated fig. 4 below).
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Claim 8: Blin discloses wherein the holder comprises at least one key holder opening, into which a key shank of a key associated with the padlock can be inserted, wherein the key holder opening is configured to hold the key inserted into the key holder opening in the holder (see annotated fig. 4 below).
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Claim 9: Blin discloses wherein the key holder opening is bound by the base section on one side (see third annotated fig. 4 above).
Claim 10: Blin discloses wherein a width of the packaging in the packaging plane corresponds to a packaging width, wherein the holder extends along the entire packaging width (see fig. 3 and annotated fig. 4 above).
Claim 11: Blin discloses wherein the packaging is configured from a flat material (see fig. 3 and annotated fig. 4 above).
Claim 12: Blin discloses wherein the packaging can be provided in at least one of a flat initial state or as a flat material, wherein the holder is transferable to have an orientation that rises from the packaging plane by folding the packaging (see fig. 3 and annotated fig. 4 above).
Claim 1: Blin discloses a presentation arrangement with a packaging for presenting at least one padlock that comprises a lock body and a U-bolt that can be selectively locked to the lock body or can be at least partially released from the lock body, wherein the packaging comprises a base section extending in a packaging plane and a holder for the padlock which rises from the packaging plane, wherein the holder comprises at least one holder opening through which the U-bolt of the padlock can be passed through for mounting the padlock to the packaging (see annotated fig. 6 below).
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Claim 7: Blin discloses wherein the at least one holder opening is circular in shape (see annotated fig. 6 above).
Claim(s) 1-2 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hans (US 3251465).
Claim 1: Hans discloses a presentation arrangement with a padlock package 10 (packaging) for presenting at least one padlock that comprises a lock body and a U-bolt that can be selectively locked to the lock body or can be at least partially released from the lock body, wherein the padlock package 10 (packaging) comprises a flat panel 11 (base section) extending in a packaging plane and a support strap 14 (holder) for the padlock which rises from the packaging plane, wherein the support strap 14 (holder) comprises at least one holder opening through which the U-bolt of the padlock can be passed through for mounting the padlock to the padlock package 10 (packaging) (see fig. 1-2).
Claim 20: Hans discloses the at least one padlock 23 mounted to the support strap 14 (holder) (see fig. 1-2).
Claim(s) 1, 13, 15, and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cole (US 3259236).
Claim 1: Cole discloses a presentation arrangement with a blank 10 (packaging) for presenting at least one padlock that comprises a lock body and a U-bolt that can be selectively locked to the lock body or can be at least partially released from the lock body, wherein the packaging comprises an outer panel 11 (base section) extending in a packaging plane and inner panels 19 & 20 (holder) for the padlock which rises from the packaging plane, wherein the inner panels 19 & 20 (holder) comprises holes 25 & 26 (at least one holder opening) through which the U-bolt of the padlock can be passed through for mounting the padlock to the blank 10 (packaging) (see fig. 1-4).
Claim 13: Cole discloses wherein the inner panels 19 & 20 (holder) comprises an inner panel 20 (first holder surface) rising from the packaging plane and an inner panel 19 (second holder surface) rising from the packaging plane which meet at a line 21 (holder ridge) spaced from the packaging plane, wherein holes 25 & 26 (at least one holder opening) is configured at each of the inner panels 19 & 20 (holder surfaces), wherein the U-bolt of the padlock can be passed through both the hole 26 (at least one holder opening) of the inner panel 20 (first holder surface) and the hole 25 (at least one holder opening) of the inner panel 19 (second holder surface) for mounting the padlock (see fig. 1-3).
Claim 15: Cole discloses wherein the inner panel 19 (second holder surface) is connected to a fixing section, and wherein the blank 10 (packaging) comprises a slit (receiver), between prongs 13a & 13b, for the fixing section into which the fixing section is inserted, wherein the fixing section inserted into the slit (receiver) stabilizes the inner panels 19 & 20 (holder) in an orientation that rises from the packaging plane (see annotated fig. 1 below and fig. 2-3).
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Claim 16: Cole discloses wherein the fixing section is configured with a smaller width than the inner panel 19 (second holder surface) (se annotated fig. 1 above).
Claim(s) 1, 2, and 4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Castner (US 3648836).
Claim 1: Under a first interpretation Castner discloses a presentation arrangement with a swab retaining strip 16 (packaging) for presenting at least one padlock that comprises a lock body and a U-bolt that can be selectively locked to the lock body or can be at least partially released from the lock body, wherein the swab retaining strip 16 (packaging) comprises a base portion 17 (base section) extending in a packaging plane and an upright portion 21 (holder) for the padlock which rises from the packaging plane, wherein the upright portion 21 (holder) comprises at least one holder opening through which the U-bolt of the padlock can be passed through for mounting the padlock to the swab retaining strip 16 (packaging) (see annotated fig. 1 below and fig. 2).
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Claim 2: Castner discloses wherein the holder comprises at least two holder openings which are arranged offset from one another and through which the U-bolt of the padlock can be passed through for mounting the padlock to the swab retaining strip 16 (packaging) (see annotated fig. 1 above).
Claim 4: Castner discloses wherein a lateral holder opening of the two holder openings is laterally open and comprises an insertion slot for lateral insertion of the U-bolt (see annotated fig. 1 above).
Claim 1: Under a second interpretation Castner discloses a presentation arrangement with a swab retaining strip 16 (packaging) for presenting at least one padlock that comprises a lock body and a U-bolt that can be selectively locked to the lock body or can be at least partially released from the lock body, wherein the swab retaining strip 16 (packaging) comprises a base portion 17 (base section) extending in a packaging plane and an upright portion 21 (holder) for the padlock which rises from the packaging plane, wherein the upright portion 21 (holder) comprises at least one holder opening through which the U-bolt of the padlock can be passed through for mounting the padlock to the swab retaining strip 16 (packaging) (see fig. 1-2 and annotated fig. 3 below).
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Claim 2: Castner discloses wherein the holder comprises at least two holder openings which are arranged offset from one another and through which the U-bolt of the padlock can be passed through for mounting the padlock to the swab retaining strip 16 (packaging) (see annotated fig. 3 above).
Claim 4: Castner discloses wherein a lateral holder opening of the two holder openings is laterally open and comprises an insertion slot for lateral insertion of the U-bolt (see annotated fig. 3 above).
Claim(s) 1, 6, 13-15, 17, and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schmidt (DE 9115563).
Claim 1: Schmidt discloses a presentation arrangement with a packaging for presenting at least one padlock that comprises a lock body and a U-bolt that can be selectively locked to the lock body or can be at least partially released from the lock body, wherein the packaging comprises a base section extending in a packaging plane and a holder for the padlock which rises from the packaging plane, wherein the holder comprises at least one holder opening through which the U-bolt of the padlock can be passed through for mounting the padlock to the packaging (see annotated figures below).
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Claim 6: Schmidt discloses wherein the holder rises with a triangular shape from the packaging plane (see annotated figs. above).
Claim 13: Schmidt discloses wherein the holder comprises a first holder surface rising from the packaging plane and a second holder surface rising from the packaging plane which meet at a holder ridge spaced from the packaging plane, wherein at least one holder opening is configured at each of the holder surfaces, wherein the U-bolt of the padlock can be passed through both the at least one holder opening of the first holder surface and the at least one holder opening of the second holder surface for mounting the padlock (see annotated figures above).
Claim 14: Schmidt discloses wherein the holder surfaces are at least one of oriented inclined to each other or rectangular (see annotated figures above).
Claim 15: Schmidt discloses wherein the second holder surface is connected to a fixing section, and wherein the packaging comprises a receiver for the fixing section into which the fixing section is inserted, wherein the fixing section inserted into the receiver stabilizes the holder in an orientation that rises from the packaging plane (see annotated figures above).
Claim 17: Schmidt discloses wherein the packaging comprises a receiving section formed of two layers of packaging material which forms the receiver, wherein the fixing section can be positioned between the two layers of packaging material (see annotated figures above).
Claim 19: Schmidt discloses wherein the packaging comprises a rear panel section with which a receiving section front-layer is connected via a receiving section folding-line, wherein the rear panel section and the receiving section front-layer form the two layers of the receiving section (see annotated figures above).
Claim Rejections - 35 USC § 103
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schmidt (DE 9115563) as applied to claim 17 above, and further in view of Yum (US 20040082259).
Claim 18: Schmidt discloses wherein the holder rises from the packaging plane at a front side of the packaging, wherein the receiving section comprises an insertion recess at the front side at an entrance of the receiver, in which insertion recess a front layer of the two layers exists (see annotated fig. above).
Schmidt does not disclose in which insertion recess a front layer of the two layers of the receiving section is recessed.
Yum teaches a progressive display device 10 having a base 12, a cover 16, leaves 42, 44, 46, 48, and a slide 18 accessible via a finger recess 14 through leaves 42, 44, 46, 48, wherein the slide 18 is positioned between the base 12 and the leaves 42, 44, 46, 48, and wherein movement of the slider 18 away from the leaves 42, 44, 46, 48 causes progressive raising of the leaves 42, 44, 46, 48 (see fig. 1, 2, & 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the front layer to have a finger recess 14 at the opening of the insertion recess such that the front layer was recessed, as taught by Yum, in order to provide better access for a user to grip the sliding piece 3 to erect it without risking damaging the holder openings and to provide a better indication to a user of where to contact the sliding piece 3 to erect it.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. DE9217317 is pertinent to insertion slots, US 5392919 and US 2944665 are pertinent to triangular holders.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALLAN D STEVENS whose telephone number is (571)270-7798. The examiner can normally be reached Monday-Friday 12-8 ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E. Aviles 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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/ALLAN D STEVENS/Primary Examiner, Art Unit 3736
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