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 .
Election/Restrictions
Claim 9 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/20/2023.
Drawings
The drawings were received on 05/28/2024 and 12/18/2024. These drawings are approved by the Examiner.
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.
Claim(s) 11-18, 21, 23, 24, 30, 32, and 33 is/are rejected under 35 U.S.C. 103 as being unpatentable over KR 10-1485574 to Lee in view of Cornwell 2017/0223941.
In regard to claim 11, Lee discloses an aerated and insulated container for aquatic live bait, the container comprising a base (2) having an interior sized and shaped to hold water with aquatic live bait (see Fig. 2), the interior having a top opening (top opening of 2) sized and shaped to permit aquatic live bait to be inserted into and removed from the interior, the base having a sidewall (walls of 2) and a bottom wall (bottom wall of 2), the sidewall and the bottom wall bounding the interior (see Figs. 1-2), the bottom wall arranged to support the container, the sidewall having opposite first and second sidewall segments (right and left short sidewalls respectively of 2 in Fig. 1) and opposite third and fourth sidewall segments (front and rear longer sidewalls respectively of 2 in Fig. 1) interconnecting the first and second sidewall segments, the first, second, third, and fourth sidewall segments bounding the interior of the base (interior of 2), the first and third sidewall segments each having an exterior face (see Fig. 1), the exterior faces of the first and third sidewall segments being integrally formed with one another (see Fig. 1), the sidewall having an exteriorly facing sidewall recess (8), the first sidewall segment including the sidewall recess (see Figs. 1-2); an aeration system including a battery and pump assembly (11) and an air diffuser (14), the battery and pump assembly including an air pump (11) and a battery (11 inherently has batteries inside 11 since there are no other power cords or external power sources being shown), the air pump being fluidly coupled to the air diffuser, the air diffuser arranged to deliver air from the air pump to the interior of the base to aerate the water in the interior, the battery and pump assembly being receivable in the sidewall recess for connecting the battery and pump assembly to the base (see Figs. 1-2), the air pump arranged to be disposed in the sidewall recess when the battery and pump assembly is received in the sidewall recess (see Figs. 1-2); and a lid (4) arranged to close the top opening of the interior, but does not disclose the sidewall recess extending inward toward the interior of the base from the exterior face of the first sidewall segment, the sidewall recess being spaced apart and below a top of the sidewall. Cornwell discloses an aerated and insulated container (support structure 1 with receptacle 18, wherein 1 surrounds lower part of 18 to insulate it) for aquatic live bait, the container comprising a base (1, 18) having an interior sized and shaped to hold water with aquatic live bait (shrimp, minnows), the base having a sidewall (longer left facing sidewall of 1 in Fig. 1) and a bottom wall (bottom wall of 1 including 24), the sidewall having an exteriorly facing sidewall recess (4), and the sidewall recess extending inward toward the interior of the base (reservoir bed 3 of 1) from the exterior face of the sidewall (see Figs. 1-2 where 4 extends inward toward the interior of base 3 from the exterior face of the vertically extending sidewall of 1), the sidewall recess (4) being spaced apart and below a top of the sidewall (top of sidewall of 1 with 7, top of 3, and 9 in Figs. 1-2); and an aeration system (29-32) including a battery and a pump assembly (29, 32) and an air diffuser (31), the battery and pump assembly including an air pump (29) and a battery (32), the air pump (29) being fluidly connected (via 30) to the air diffuser (31), the battery and pump assembly (29, 32) being receivable in the sidewall recess (4) for connecting the battery and pump assembly (29, 32) to the base (1), the air pump (29) arranged to be disposed in the sidewall recess (4) when the battery and pump assembly is received in the sidewall recess (4; see Figs. 1-2). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the sidewall recess of Lee such that it extends inward toward the interior of the base from the exterior face of the first sidewall segment, the sidewall recess extending inward toward the interior of the base from the exterior face of the first sidewall segment, the sidewall recess being spaced apart and below a top of the sidewall in view of Cornwell in order to position the recess within the first sidewall segment so that the pump assembly is held in a more compact configuration such that the pump assembly does not protrude outwardly from the first sidewall segment and thus reducing the likelihood that the pump assembly will become entangled with other fishing equipment or other objects in the fishing environment.
In regard to claim 12, Lee and Cornwell disclose wherein the aeration system comprises a conduit (12 of Lee; 30 of Cornwell) fluidly connecting the air pump (11 of Lee; 29 of Cornwell) and the diffuser (14 of Lee; 31 of Cornwell), and the sidewall covers the conduit (via 13,15 of Lee which extends through the first sidewall segment; the sidewall of 1 covers 30 by generally enclosing it).
In regard to claim 13, Lee and Cornwell disclose wherein the aeration system comprises a conduit (12 of Lee; 30 of Cornwell) fluidly connecting the air pump (11 of Lee; 29 of Cornwell) and the diffuser (14 of Lee; 30 of Cornwell), and wherein the base encloses the conduit (via 13,15 of base 2 of Lee; base 1 of Cornwell encloses 30 via 4).
In regard to claim 14, Lee and Cornwell disclose the aeration system comprises a conduit (12 of Lee; 30 of Cornwell) fluidly connecting the air pump (11 of Lee; 29 of Cornwell) and the diffuser (14 of Lee; 31 of Cornwell), and wherein the base prevents the conduit from moving relative to the base (via 13,15 of base 2 of Lee; 30 is secured inside 11 to prevent it from moving relative to base 1).
In regard to claim 15, Lee discloses wherein the aeration system comprises a conduit (12) fluidly connecting the air pump (11) and the air diffuser (14), and wherein a connection (connection where lower end of 12 is connected to 11 in Fig. 2) between the air pump (11) and the conduit (12) is disposed in the sidewall recess (8; see Fig. 2).
In regard to claim 16, Lee discloses fasteners (see strap in Figs. 1-2) configured to connect the battery and pump assembly (11) to the base (2).
In regard to claim 17, Lee discloses wherein the sidewall recess (8 of Lee) faces in a laterally outward direction relative to the interior (see Figs. 1-2 of Lee), wherein the battery (internal battery of 11 of Lee) overlies the sidewall recess in the laterally outward direction when the pump (11 of Lee whose batteries are located in the recess 8 and therefore overlie at least a portion of the recess) and battery (internal battery of 11 of Lee) assembly is connected to the base (see Figs. 1-2 of Lee).
In regard to claim 18, Lee discloses wherein the air pump (11) includes an air inlet (air inlet of 11 which is inherently part of 11) in which the air pump (11) draws in air into the air pump (no particular connection or relation being recited between the air pump and air inlet), the air inlet being disposed in the sidewall recess (since 11 is disposed in 8, then the air inlet of 11 is disposed in 8) when the battery (battery of 11) and pump (11) assembly is connected to the base (2). Also in regard to claim 18, Mitchell et al. also disclose the air inlet (air inlet of 60) disposed in the sidewall recess (25; 60 is to be disposed inside 25 in Fig. 2) when the battery and pump assembly (aerator 60 is a commercially-available compact water resistant battery-operated unit which is connected to the base (20).
In regard to claim 21, Lee and Cornwell disclose wherein the entire air pump (11 of Lee; 29 of Cornwell) is arranged to be disposed in the sidewall recess (8 of Lee; 4 of Cornwell) when the battery and pump assembly (internal battery of 11 of Lee; 32 of Cornwell) is received in the sidewall recess (see Figs. 1-2 of Lee; see Figs. 1-2 of Cornwell).
In regard to claim 23, Lee and Cornwell disclose wherein the sidewall recess (25 of Mitchell et al.; 4 of Cornwell) extends inward toward the interior of the base (interior of 20 of Mitchell et al.; 3 of Cornwell) from the exterior face (exterior face of 20 of Mitchell et al.; exterior face of longer left facing sidewall of 1 in Fig. 1 of Cornwell) of the first sidewall segment (right sidewall segment in Fig. 1 of Lee; longer left facing sidewall of 1 in Fig. 1 of Cornwell) in a first direction (inwardly toward the interior 3 of Cornwell), wherein the sidewall recess includes an open side (open side of 4 shown in Figs. 1-2 of Cornwell) at the exterior face (exterior face of longer left facing sidewall of 1 in Fig. 1 of Cornwell) of the first sidewall segment (right sidewall segment in Fig. 1 of Lee; longer left facing sidewall of 1 in Fig. 1 of Cornwell), the open side facing in a second direction (outwardly away from 1,4 of Cornwell) opposite the first direction (inwardly toward the interior 3 of Cornwell).
In regard to claim 24, Lee and Cornwell disclose wherein the sidewall recess (25 of Mitchell et al.; 4 of Cornwell) includes an open side (open side of 4 shown in Figs. 1-2 of Cornwell) sized and shaped to permit the pump (11 of Lee; 29 of Cornwell) to move through the open side (open side of 4 shown in Figs. 1-2 of Cornwell), the open side (open side of 4 shown in Figs. 1-2 of Cornwell) of the sidewall recess and the exterior face of the first sidewall segment (right sidewall segment in Fig. 1 of Lee; longer left facing sidewall of 1 in Fig. 1 of Cornwell) facing in the same direction (see Figs. 1-2 of Cornwell).
In regard to claim 30, Lee and Cornwell disclose wherein the aeration system (29-32 of Cornwell) comprises a conduit (30) fluidly connecting the air pump (29 of Cornwell) and the diffuser (31 of Cornwell), and wherein the conduit (30 of Cornwell) is disposed entirely out of the interior (3 of Cornwell; see Fig. 4 of Cornwell).
In regard to claim 32, Lee and Cornwell disclose wherein the sidewall (longer left facing sidewall of 1 in Fig. 1 of Cornwell) includes a downwardly facing surface (upper surface defining the upper extent of 4 which has channel 11 extending therethrough to receive 30 therein as shown in Fig. 4 of Cornwell) bounding a top of the sidewall recess (4 of Cornwell).
In regard to claim 33, Lee and Cornwell disclose wherein the battery and pump assembly includes a receiver (portion within 11 of Lee that actually holds the battery; the rectangular housing of the power source 32 of Cornwell contains batteries which may be D-cell batteries---see para. 0023 of Cornwell) configured to releasbly support the battery (11 inherently has batteries inside 11 since there are no other power cords or external power sources being shown in Lee and that in order to replace the battery, the battery must be releasably supported; external power source 32 may be a portable battery and that the portable power source may be a variety of batteries such as D-cell batteries which are types of batteries that are typically replaced by the user as their power runs out---see para. 0023 of Cornwell and also see Fig. 8 of Cornwell which shows another embodiment of the invention which has at least one spare battery compartment 13 which allows a user to store a battery within the structure body 2 in the event the power source 32 fails to power the air pump 29---see para. 0027 of Cornwell [and therefore is evidence that the housing of the power source 32 of Cornwell is intended to releasably support D-cell batteries therein]).
Claim(s) 19 and 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over KR 10-1485574 to Lee in view of Cornwell 2017/0223941 as applied to claims 17, 11 above, and further in view of KR 10-1495268.
In regard to claim 19, Lee and Cornwell disclose wherein the air pump (11 of Lee; 29 of Cornwell) includes an air inlet (inherently the air pumps 11 of Lee and 29 of Mitchell et al. have air inlets or else no air would be able to be taken in by the pump and then pumped out of the air pump and into the water) in which the air pump draws in air into the air pump, but do not disclose the air inlet being located laterally inward of the battery when the battery and pump assembly is connected to the base. KR ‘268 discloses wherein the air pump (11) includes an air inlet (14) in which the air pump (11) draws in air into the air pump (no particular connection or relation being recited between the air pump and air inlet), the air inlet being located laterally inward of the battery (14 is located laterally inward of the battery which is contained with 11) when the pump and battery assembly is connected to the base (see Fig. 2). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the air inlet of Lee and Cornwell such that it is located laterally inward of the battery when the pump and battery assembly is connected to the base in view of KR ‘268 in order to draw air from within the interior of the base so as to be able to circulate the stale oxygen depleted air within the interior of the base and exchange it for the ambient fresh air having a higher oxygen content so as to prolong the life of the bait therein.
In regard to claim 31, Lee and Cornwell disclose wherein the conduit (12 of Lee; 30 of Cornwell) fluidly connecting the air pump (11 of Lee; 29 of Cornwell) and the diffuser (14 of Lee; 31 of Cornwell), but do not disclose wherein the conduit extends from the sidewall recess in a downward direction. KR ‘268 discloses wherein the conduit (13) extends from the sidewall recess (7) in a downward direction (see Figs. 1-2). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the conduit of Lee and Cornwell such that it extends from the sidewall recess in a downward direction in view of KR ‘268 in order to route the conduit along the base in a more direct manner toward the bottom of the base where the diffuser is located and to provide an overall cleaner appearance by utilizing a reduced length of conduit.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over KR 10-1485574 to Lee in view of Cornwell 2017/0223941 as applied to claim 11 above, and further in view of Thyreen 3,216,650.
In regard to claim 20, Lee discloses wherein the pump (11) and battery (battery of 11) assembly has an inboard side and an outboard side (see Figs. 1-2), the inboard side facing the interior of the base when the pump and battery assembly is connected to the base (see Fig. 2), but does not disclose the air pump being located at the inboard side and the battery being located at the outboard side. Thyreen discloses the air pump (24, 26) being located at the inboard side (left portion of casing 32 in Figs. 1, 3) and the battery (81) being located at the outboard side (right portion of casing 32 in Figs. 1, 3). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the pump and battery assembly of Lee such that the air pump being located at the inboard side and the battery being located at the outboard side in view of Thyreen in order to position the battery for ease in access thereto such that it is easy to replace if necessary without having to go through the pump.
Allowable Subject Matter
Claims 1-8, 10, 22, and 25-28 are allowed.
Claim 29 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments filed 12/23/2025 have been fully considered but they are not persuasive.
In regard to applicants’ argument concerning the 35 U.S.C. 112(b) rejection of claim 29 and that “Applicant respectfully disagrees and submits there is no inconsistency between claims 11 and 29. The present application demonstrates that it is possible for the battery and pump assembly to both (1) be disposed in the sidewall recess and (2) protrude laterally outward of the sidewall recess…”, the Examiner agrees with applicants’ arguments requesting that the indefiniteness rejection be withdrawn.
In regard to applicant’s argument concerning Cornwall that “The storage compartment 4 is not in a sidewall of the water reservoir 17. Instead, the storage compartment 4 is part of a support structure 1 that supports the water reservoir 17…”, the Examiner contends that the support structure 1 of Cornwall is being interpreted as the “base” as recited in independent claim 11 and that the reservoir bed 3 of the support structure 1 of Cornwell defines an interior volume for holding the water reservoir 17 comprising receptacle 18 and is being interpreted as “an interior sized and shaped to hold water with aquatic live bait” as recited in independent claim 11. The Examiner contends that the compartment 4 of Cornwall extends through a sidewall of the base as claimed since the upper edge of the reservoir bed 3 is shown as being generally defined by four sidewalls of the support structure 1 as clearly shown in Figure 1 of Cornwall and that one of those four sidewalls is the sidewall in which the compartment 4 of Cornwall is defined.
In response to applicant's argument that “Cornwell places its storage compartment 4 below the water reservoir 17. If one skilled in the art were to combine the teachings of Lee and Cornwell…Cornwell teaches moving the aeration unit below the container, not forming a recess in a sidewall of the container…”, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981). Furthermore, the Examiner contends that the teaching from Cornwall that it is known to those of ordinary skill in the art to have a sidewall recess where the battery and pump assembly is receivable therein and that specifically the air pump is arranged to be disposed in the sidewall recess when the battery and pump assembly is received in the sidewall recess for the purpose of containing the battery and pump assembly such that the position of the battery and pump assembly are maintained therein so that they do not fall out and become disassociated from the bait container assembly of Cornwall. Cornwall also teaches that the compartment 4 is located so as to be in close proximity to the water reservoir 17 holding the live bait so that the oxygen does not need to travel a long distance from the air pump 29 to the diffuser 31 (see paragraphs 0016 & 0022 of Cornwall). The Examiner contends that Lee already discloses the sidewall recess 7 that is at the same vertical elevation as the interior sized and shaped to hold the water and live bait (see Fig. 2 of Lee).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DARREN W ARK whose telephone number is (571)272-6885. The examiner can normally be reached M-F 8:30-5.
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/DARREN W ARK/Primary Examiner, Art Unit 3647
DWA