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`V i$ T
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`A
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
`
`15/779,575
`
`07/16/2018
`
`Junichi MUTOH
`
`PIPMM-59207
`
`5183
`
`759°
`52°“
`PEARNE & GORDON LLP
`
`06%”
`
`1801 EAST 9TH STREET
`SUITE 1200
`
`CLEVELAND, OH 44114-3108
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`COX JUSTIA Q
`
`3736
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`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`06/21/2019
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`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
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`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
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`following e—mail address(es):
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`patdoeket@pearne.eom
`
`PTOL-90A (Rev. 04/07)
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`

`

`0,7709 A0170” Summary
`
`Application No.
`15/779,575
`Examiner
`TIA cox
`
`Applicant(s)
`MUTOH et al.
`Art Unit
`3736
`
`AIA (FITF) Status
`Yes
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed after SIX (6) MONTHS from the mailing
`date of this communication.
`|f NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1). Responsive to communication(s) filed on 07/16/2018.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2a)D This action is FINAL.
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`2b)
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`This action is non-final.
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`3)[:] An election was made by the applicant in response to a restriction requirement set forth during the interview on
`; the restriction requirement and election have been incorporated into this action.
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`4)[:] Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Expat/7e Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims*
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`5)
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`Claim(s) fl is/are pending in the application.
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`5a) Of the above claim(s)
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`is/are withdrawn from consideration.
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`E] Claim(s) _ is/are allowed.
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`Claim(s) 1—4,16 and 19 is/are rejected.
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`Claim(s) 5—15 and 17—18 is/are objected to.
`
`) ) ) )
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`6 7
`
`8
`
`
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`are subject to restriction and/or election requirement
`[:1 Claim(s)
`9
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
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`participating intellectual property office for the corresponding application. For more information, please see
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`http://www.uspto.gov/patents/init events/pph/index.'sp or send an inquiry to PPeredback@uspto.gov.
`
`Application Papers
`10):] The specification is objected to by the Examiner.
`
`11):] The drawing(s) filed on
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`is/are: a)C] accepted or b)Ej objected to by the Examiner.
`
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12). Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
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`a). All
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`b)C] Some**
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`c)CI None of the:
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`1C] Certified copies of the priority documents have been received.
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`2C] Certified copies of the priority documents have been received in Application No.
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`3.. Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
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`1)
`
`Notice of References Cited (PTO-892)
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`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
`
`3) C] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
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`PTOL-326 (Rev. 11-13)
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`Office Action Summary
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`Part of Paper No./Mai| Date 20190611
`
`

`

`Application/Control Number: 15/779,575
`Art Unit: 3736
`
`Page 2
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`DETAILED ACTION
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`Notice of Pre-AIA or AIA Status
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`1.
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`The present application, filed on or after March 16, 2013, is being examined
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`under the first inventor to file provisions of the AIA.
`
`Claim Rejections - 35 USC § 102
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`2.
`
`In the event the determination of the status of the application as subject to AIA 35
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`U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any
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`correction of the statutory basis for the rejection will not be considered a new ground of
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`rejection if the prior art relied upon, and the rationale supporting the rejection, would be
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`the same under either status.
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`3.
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`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
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`form the basis for the rejections under this section made in this Office action:
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`A person shall be entitled to a patent unless —
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`(a)(1) the claimed invention was patented, described in a printed publication, or in public use,
`on sale or othenNise available to the public before the effective filing date of the claimed
`invention.
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`4.
`
`Claim 1
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`is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Toshiharu
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`(JP 2009181298 A).
`
`Regarding claim 1: Toshiharu discloses a shopping basket (20) comprising: a
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`main basket body (21) having an upper opening and a lower opening which are
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`opposite to each other in an up-down direction, the main basket body (21)
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`configured to store a product therein; and a bottom part (22) attached to the main
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`basket body (21) to open and close the lower opening ([0007]), wherein, when
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`the bottom part (22) closes the lower opening, the main basket body (21) and the
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`

`

`Application/Control Number: 15/779,575
`Art Unit: 3736
`
`Page 3
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`bottom part (22) constitute an internal space which is surrounded by the main
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`basket body (21) and the bottom part (22) and which communicates with the
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`upper opening and the lower opening, and allow the internal space to store the
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`product therein, and wherein, when the bottom part (22) opens the lower
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`opening, the lower opening allows the product to be taken out of the internal
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`space through the lower opening ([0008]).
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`
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`Claim Rejections - 35 USC § 103
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`5.
`
`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
`
`

`

`Application/Control Number: 15/779,575
`Art Unit: 3736
`
`Page 4
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`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.
`
`6.
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis for all
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`obviousness rejections set forth in this Office action:
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`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.
`
`7.
`
`Claims 2—4 are rejected under 35 U.S.C. 103 as being unpatentable over
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`Toshiharu (JP 2009181298 A) and further in view of Kuratomi (JPS49—123274U).
`
`Regarding claim 2: Toshiharu discloses the shopping basket as appiied to otairn
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`t above, except wherein the hottont part is rnevehie with respect to the main
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`basket body in a taterat direction dittetent item the up~down direction. Kuratomi
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`teaches a basket wherein the bottom part is movaeie with respect to the main
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`haeket body in a iateret direction (Figure 3) ditterent front the tie—down direction.
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`it wonid have been obvious to one of ordinary skiit in the art before the ettective
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`tiiing date 03‘ the ciaimed invention to modify the shopping cart oi Toshiharu with
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`the bottom part movahie in a iaterai direction. The motivation tor doing so wettid
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`he so that it isn’t neceeeaty to oarry/iiit the basket to rernove the contained items
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`(Kuratomi, Detaiied Description, Page 2: Paragraph 4-},
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`

`

`Application/Control Number: 15/779,575
`Art Unit: 3736
`
`Page 5
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`
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`Regarding claim 3: Teehiham dieeieeee the eheppihg basket as; eppiied te eiairn
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`1 aheve, except wherein the hettem part Ehciudee a pEate body eiieahie en the
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`maih basket hedy. Karatemi teaches a basket wherein the bettem part iheiudee a
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`eiate body eiidahie en the main basket heey. it weuie have been ehvieue te ene
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`of ordinary ekiii in the art hetere the effective tiiing date of the eieéined invention
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`te medity the ehepeing cart at Teshiharu with the bottom part ineiuding e eiidahie
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`piete hedy as; taught by Ktiratemi. The metévatien fer doing 30 wenid he so that it
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`is; the heueed items; can he eenvenientiy removed (Kurami, Deteiied DEESCi‘iptiQt‘t;
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`Paragraph 4, Page 2}.
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`

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`Application/Control Number: 15/779,575
`Art Unit: 3736
`
`Page 6
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`
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`Regarding claim 4: Teehiheruhuretemi dieeioeee the shopping basket shopping
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`basket as aeoiieo te eiaim 3 eoeve, and wherein the main basket body ineiuciee a
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`guide raii {heretornt 7} that guidee the piete may to eiiew the piete may to metre
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`(Ktiretonti, Deteiierj Description, Paragraph 2).
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`it wetiitt have been obvious to one
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`et erciinery eitiii in the art ioetere the effective iiiing date ei the eieimed invention
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`te modify the shopping basket oi Teehihero with the guide reii thet guides the
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`eiete bedy, eiiowing it to move, as taught by Ktiratemi, The motivation tea“ doing
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`so wouid be ee that it is; the houeed items; can he convenientiy removed (hurami,
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`Deteiied Deeerietien, Paragraph 43 Page 2).
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`8.
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`Claims 16 & 19 are rejected under 35 U.S.C. 103 as being unpatentable over
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`Toshiharu-Kuratomi (JP 2009181298 A- S49-123274U) and further in view of Nakajima
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`(854-176538).
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`

`

`Application/Control Number: 15/779,575
`Art Unit: 3736
`
`Page 7
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`
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`as Teehiherwhureterni dieeieeee the eheeping beeket
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`aeeerding te eieim 1, however teite te expiieitiy dieeieee whereih the bottom pert
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`has 21 first tetatabie body and at eeeehd tetetabte body that eteee the iewet
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`eeehihg and eiiew the precinct te be pieced eat the first retetebie body end the
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`eeeend tetetebie bedy; and wherein the tiret r’etetebie bedy end the eeeend
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`retetebie body retete with respect to the main heehet bedy in dittetent directiehe
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`about an axis part. Teehiharu indicates thet ee tong 5-13 the geede hetd within the
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`eheebing basket can be discharged from the bettem btete, the epeeitie
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`eernpeeitieh (it hew thie happens ie net iihtited. Neheiirne teaches; e basket
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`whereih the bettern part has; 3 first end Seeend tetatehie that eieees the matter
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`opening in different diteetiene ehedt eh exist Thetetete, it wetitd have been
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`ebvieue te ene et Ordinary ehiit in the art betere the effective tiiing date at the
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`eteimed inventieh to inedity the bettern et‘ the ehepping heeket et Teehiherd with
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`the first ahd eeeend retetebte bedies 8S euggeeted by Nahetirne tee eeen heiew).
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`

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`Application/Control Number: 15/779,575
`Art Unit: 3736
`
`Page 8
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`
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`
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`ss Tushiham~§<uratomé~Nakajima dischses the shaming
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`basket as appiied t0 ciaim "36 abcve, wherein the first retatabEe heady and the
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`393mm rotatabie bady mime synci‘ammugiy in each other in diffemnt directians,
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`

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`Application/Control Number: 15/779,575
`Art Unit: 3736
`
`Page 9
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`
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`Allowable Subject Matter
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`9.
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`Claims 5-15 & 17-18 are objected to as being dependent upon a rejected base
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`claim, but would be allowable if rewritten in independent form including all of the
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`limitations of the base claim and any intervening claims.
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`Conclusion
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`10.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to TIA COX whose telephone number is (571 )272—1 173.
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`The examiner can normally be reached on Mon-Wed SAM-6PM, Thurs 6-2, Fri OFF.
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`Examiner interviews are available via telephone, in-person, and video
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`conferencing using a USPTO supplied web-based collaboration tool. To schedule an
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`interview, applicant is encouraged to use the USPTO Automated Interview Request
`
`(AIR) at http://www.uspto.gov/interviewpractice.
`
`