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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after allowance or after an Office action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on 5/19/26 has been entered.
Information Disclosure Statement
Applicant should note that the large number of references in the attached IDS(s) have been considered by the examiner in the same manner as other documents in Office search files are considered by the examiner while conducting a search of the prior art in a proper field of search. See MPEP 609.05(b). It is respectfully requested that applicant point out any particular reference(s) in the IDS that they believe may be of particular relevance to the instant claimed invention in response to this Office Action.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 2, 8-9, 14, 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Chen (WO2018/086193) in view of Wang (US 11/898,378).
Regarding claim 2, Chen (figs. 1-6) discloses a container 100, comprising:
a base 12 including:
a sidewall structure having at least a first side and a second side opposite the first side, the sidewall structure having a first end and a second end;
a bottom portion connected to a first end of the sidewall structure and configured to support the container on a surface; and
an opening formed at a second end of the sidewall structure, opposite the first end, the opening being configured to allow access to an interior void of the container formed by the sidewall structure and the bottom portion;
a latch keeper 223 extending from the sidewall structure, the latch keeper 233 having an upper surface, an inner surface and a lower surface;
a lid 11, the lid 11pivotal between an open configuration and a closed configuration, the lid 11 having a shape corresponding to a shape of the base 12 and configured to cover the opening formed at the second end of the sidewall structure when the container is in the closed configuration; and
a hinge configured to connect the lid to the base and about which the lid is rotatable from the closed configuration to the open configuration; and
a latch assembly 21, the latch assembly having a locked position and an unlocked position, the latch assembly 21 comprising;
a latch body 212 pivotally engaged with the lid 11, the latch body 212 having an at least one engagement lug 2121;
a locking member 214 engaged with the latch body 212, the locking member 214 being movable between at least a downward position and an upward position, the locking member 214 configured to lock the lid in the closed configuration when the locking member is in the downward position and configured to unlock the lid when the locking member 214 is in the upward position;
a biasing member 218 engaged with the latch body 212 and the locking member 214, the biasing member 218 biasing the locking member in a downward position; and
an activating member engaged with the locking member 214, the activating member configured to move the locking member 214 from the downward position to the upward position;
wherein the locking member is slidably engaged with one or more guide members 2132 engaged with the latch body 212; and wherein the guide members extend through the locking member 214.
Chen fails to disclose the activating member pivotally engaged with the latch body 212.
However, Wang teaches a pivotally engaged activating member 50 activating a sliding member 30 (fig. 5A).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to make the activating member of Chen, pivotally engaged activating member, as, for example, taught by the Wang reference, to easily unlatch the latch without requiring a lot of force. Also, such a substitution would have been motivated by routine design considerations. It has been held that when a patent claims a structure already known in the prior art that is altered by the mere substitution of one element for another known in the field, the combination must do more than yield a predictable result. KSR, 127 S.Ct. at 1740, 82 USPQ2d at 1395 (citing United States v. Adams, 383 U.S. 50-51, 148 USPQ 479, 483 (1966)).
Regarding claim 14, Chen (figs. 1-6) discloses a container 100 comprising:
a base 12 including:
a sidewall structure having at least a first side and a second side opposite the first side, the sidewall structure having a first end and a second end;
a bottom portion connected to a first end of the sidewall structure and configured to support the container on a surface; and
an opening formed at a second end of the sidewall structure, opposite the first end, the opening being configured to allow access to an interior void of the container formed by the sidewall structure and the bottom portion;
a lid 11, the lid 11 pivotal between an open configuration and a closed configuration, the lid having a shape corresponding to a shape of the base and configured to cover the opening formed at the second end of the sidewall structure when the container is in the closed configuration, and
a latch assembly 20, the latch assembly 20 having a locked position and an unlocked position, the latch assembly comprising;
a latch body 212 pivotally engaged with the lid 11;
a locking member 214 engaged with the latch body 212, the locking member 214 being movable between at least a downward position and an upward position, the locking member 214 configured to lock the lid 11 in the closed configuration when the locking member is in the downward position and configured to unlock the lid 11 when the locking member 214 is in the upward position;
an activating member engaged with the locking member 214, the activating member configured to move the locking member from the downward position to the upward position; and
a biasing member 218 engaged with the latch body 212 and the locking member 214, the biasing member 218 biasing the locking member in a downward position; and
wherein the latch assembly may only be moved from the unlocked position to the locked position when the locking member 214 is in the upward position;
wherein the locking member 214 is slidably engaged with one or more guide members 2132 engaged with the latch body 212; and
wherein the guide members 2132 extend through the locking member 214.
Chen fails to disclose the activating member pivotally engaged with the latch body 212.
However, Wang teaches a pivotally engaged activating member 50 activating a sliding member 30 (fig. 5A).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to make the activating member of Chen, pivotally engaged activating member, as, for example, taught by the Wang reference, to easily unlatch the latch without requiring a lot of force. Also, such a substitution would have been motivated by routine design considerations. It has been held that when a patent claims a structure already known in the prior art that is altered by the mere substitution of one element for another known in the field, the combination must do more than yield a predictable result. KSR, 127 S.Ct. at 1740, 82 USPQ2d at 1395 (citing United States v. Adams, 383 U.S. 50-51, 148 USPQ 479, 483 (1966)).
Regarding claims 8-9 and 19-20, Chen further discloses a pair of tracks (defined by the two sidewalls of recess 221 of the base) are positioned on at least an interior surface of at least two sidewall (fig. 2).
Regarding claim 16, Chen further discloses the latch body 212 includes at least one engagement lug 2121, and the base 12 includes a latch keeper 223 that comprises an upper surface, an inner surface and a lower surface (figs. 4-5).
Regarding claim 17, Chen further discloses the at least one engagement lug 2121 of the latch body engages the lower surface of latch keeper when the latch assembly is in the locked position 9 (fig. 4).
Regarding claim 18, Chen further discloses a lower surface of a hook portion 2144 of the locking member engages the upper surface of the latch keeper 223 when the latch assembly is in the locked position (fig. 4).
Claims 3-7 and 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Chen (WO2018/086193) in view of Wang (US 11/898,378) as applied to claim 2 above, further in view of Gee (US 2003/0038142).
Regarding claims 3-6 and 10-11, the modified Chen discloses all elements of the claimed invention except for:
the base including a plurality of tabs positioned along interior surfaces of the interior void;
wherein each tab of the plurality of tabs comprises an upper support surface and an opening;
wherein the opening of each tab has an elongated shape;
wherein the upper support surface is located in an upper region of the interior void of the base; and
wherein the lid comprises a plurality of clips positioned along an interior surface of the lid, wherein each clip includes an engaging member and an elongated opening, and wherein the elongated opening of each tab of the plurality of tabs have substantially the same width as the elongated opening of each clip.
However, Gee further teaches a hinge made using tabs 70 and clips 62 as claimed (fig. 4).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to have made the hinge of the modified Chen, with tabs and clips, as taught by Gee, for fully removing lid when needed.
Regarding claim 7, it is noted that the plurality of tabs of the modified device of Chen would be positioned at a height that is greater than fifty percent of a Hight of the interior void since the tabs are used for providing a hinge between the base and the lid.
Claims 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Chen (WO2018/086193) in view of Wang (US 11/898,378) as applied to claim 2 above, further in view of Schmitt (US 7,370,891).
Regarding claim 12, the modified Chen discloses all elements of the claimed invention except for a gasket arranged in a recess formed in at least one of the base and the lid.
However, Schmitt teaches a gasket or an O-ring arranged in a recess formed 114 in a lid (fig. 6 and col. 6, lines 8-10).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed, to have provided the modified device of Chen an O-ring arranged in a recess formed in the lid, to provide a substantially water tight seal, as taught by Schmitt in col. 6, lines 8-10.
Regarding claim 13, the modified Chen discloses all elements of the claimed invention except for a channel integrally molded with an exterior surface of the base, wherein the channel extends around an entire exterior surface of the base.
However, Schmitt teaches a channel 110 integrally molded with an exterior surface of a base 18, wherein the channel 110 extends around an entire exterior surface of the base 18 (figs. 6-7).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed, to have provided the modified device of Chen, a channel integrally molded and extending around an entire exterior surface of the base, as taught by Schmitt, to provide reinforcement around the rim of the base.
Response to Arguments
Applicant’s arguments have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BLAINE GIRMA NEWAY whose telephone number is (571)270-5275. The examiner can normally be reached Monday - Friday 9:00 AM- 5:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Stashick can be reached at 571-272-4561. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BLAINE G NEWAY/ Examiner, Art Unit 3735
/Anthony D Stashick/ Supervisory Patent Examiner, Art Unit 3735
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