DETAILED ACTION
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 final rejection. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 7/10/2026 has been entered.
Response to Arguments
Applicant's arguments filed 7/10/2026 in response to Office Action 6/10/2026 have been fully considered but they are not persuasive for at least the following reason:
Regarding claims 1, 17 and 18, Applicant argues that primary prior art Han and secondary prior art Molthen do not teach the amendments supported by [0071] [0091] [0092] and Figs 3, 5 and 7 of about Figures 1-9 (pages 7-9). Examiner points out election by original presentation blocks any use of that embodiment. “A cover” (last lines) was used in the original claims specifying them for use with at least Figure 15 of Figures 10-17.
Regarding claims 1, 17 and 18, Applicant argues that Han and Molthen do not teach the amendments to the second gasket (page 11). Examiner disagrees pointing out that the argument is mere allegation without explanation. Please see a detailed analysis in the rejection below.
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.
Claims 1-19 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Regarding claims 1, 17 and 18, the second gasket is claimed to be in two mutually exclusive positions, which is impossible, thereby rendering the claims indefinite. This is not 35 USC 112a because the drawings are clear. First claimed is “a second gasket configured to form a second seal between the inner lid portion and the outer lid portion, wherein the inner lid portion and the outer lid portion are connected to form an inner channel that is the second gasket is positioned between a lower edge surface of the outer lid portion and a lip portion of the inner lid portion, wherein the second gasket is positioned within the inner channel” which is 1560 (Fig 15). Second claimed is “the second gasket within the inner channel of the one-piece lid structure engages with the extended lip structure of the inner receptacle to seal the one-piece lid structure and the one or more compartments within the receptacle” which is 1570 (Fig 15). Whereby 1560 cannot be 1570. Examiner interprets the two different gaskets separately as second and third gaskets as supported by Applicant’s invention. Please note that claim 10 aligns with this interpretation and should be considered by the Applicant upon subsequent filing.
Claims 2-16 and 19 are also rejected for depending upon a rejected parent claim.
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 is incorrect, any 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.
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.
Claims 1, 4-11, 13-15 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over US Pub 20200189829 by Han (hereinafter “Han”) in view of US Pub 20100200599 by Molthen et al. (hereinafter “Molthen”) in view of US Pub 20150210464 by Carroll et al. (hereinafter “Carroll”).
Regarding claim 1, Han teaches an insulating food storage container (Title and Fig 39, vacuum insulated food storage container 3900: [0090] vacuum walled container 3910, and vacuum walled lid 3920) comprising:
a receptacle (Fig 39, 3910) that comprises an inner receptacle (Fig 39, 3912) having an extended lip structure formed along a periphery of the inner receptacle (an extended lip structure is a peripheral extending rim portion of 3912), an outer receptacle (Fig 39, 3911) having a shelf structure formed along a periphery of the outer receptacle (a shelf structure is a peripheral extending rim portion of 3911), wherein
the extended lip structure of the inner receptacle is configured to complement the shelf structure of the outer receptacle and extend over an entirety of the shelf structure of the outer receptacle (Fig 44, the extended lip structure rim portion “extends over” an entirety of the shelf structure rim portion), wherein
one or more compartments are formed in the inner receptacle (Fig 39 and [0086], internal compartments of 3912) and wherein
a first vacuum cavity is formed between an outer wall of the inner receptacle and an inner wall of the outer receptacle (Fig 44 and [0086], 3911 and 3912 form a double-walled vacuum insulation cavity);
a one-piece lid structure (Fig 39, lid 3920 is one-piece of at least two pieces, just as Applicant’s) that comprises an inner lid portion (Fig 39, 3928), an outer lid portion (Fig 39, 3922), and a second gasket (Fig 39 and [0088], another 3914 than that depicted is “within” 3928) configured to form a second seal between the inner lid portion and the outer lid portion (“sealing ring 3914” means the ring is capable of a second sealing where it is at between 3928 and 3922), wherein the inner lid portion and the outer lid portion are connected to form an inner channel that is between a lower edge surface of the outer lid portion and a lip portion of the inner lid portion (see examiner annotated Han Figure 39, hereinafter “EAFH39”; EAFH39 shows that since another 3914 means at least about the same size as the 3914 depicted, that the placement pointed to by the arrow is where it can fit, and that location is between a lower edge surface of 3922 and a lip of 3928), wherein
the second gasket (EAFH39, third gasket interpretation, see 35 USC 112b above) is positioned within the inner channel such that, in a closed position in which the one-piece lid structure is connected to the receptacle, the second gasket within the inner channel of the one-piece lid structure engages with the extended lip structure of the inner receptacle to seal the one-piece lid structure and the one or more compartments within the receptacle (EAFH39, the sealing ring 3914 shown (which is that of original Fig 39) is a third gasket – in this different claimed location than as claimed above for the second gasket – is shown engaging the extended lip of the inner receptacle 3912, Fig 44, and capable of sealing each compartment by being one ring 3914 that includes sealing the compartments; [0087] “Each internal compartment may be provided with a separated body sealing ring 3914. Alternatively, multiple internal compartments could share a sealing ring, for example, a figure “8” shaped ring” meaning 3914 seals the receptacle lip as shown plus each compartment), and wherein
a second vacuum cavity is formed between an outer wall of the inner lid portion and an inner wall of the outer lid portion (Fig 44 and [0090], shows a second cavity formed between 3928 and 3922 “provide another part of the double walled vacuum sealed environment”);
a plurality of latches (Fig 39, 3930) connected to an outer wall of the outer lid portion (Fig 39 shows 3930 connected to an outer wall of 3922), wherein
each of the plurality of latches is configured to connect the one-piece lid structure to the receptacle (Fig 41 shows each of 3930 is configured to connect 3920 to 3910), and wherein
each of the plurality of latches (Fig 39, 3930) includes a protrusion (Fig 39, a protrusion of 3930 for each) that, when a latch is in a closed position (Fig 41 closed position), protrudes beneath the extended lip structure of the inner receptacle of the receptacle (Fig 44, protrusion shown extending beneath the extended lip).
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But Han embodiment Fig 39 does not explicitly teach a cover attached to the outer lid portion.
Han embodiment Fig 34, however, discloses a similar vacuum insulated food storage container, wherein
a cover is formed to secureably attach to the outer lid portion (Fig 34, cover 3322; wherein the cover includes an interior and exterior surface).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the outer lid of Han with a cover as taught by Han in order to advantageously provide decoration for a more beautiful appearance on store shelves to a consumer, and the elegance benefits a user with every use by being pleasing to look at thereby providing an emotional uplift, enhancing a user’s productivity throughout the day (Han [0081], decoration).
But Han does not explicitly teach a first gasket placed on the outer edge lip between the inner receptacle and outer receptacle.
Molthen, however, discloses a similar multi-walled container and lid comprising:
a first gasket (Fig 4, “seal 34”) configured to form a first seal between a bottom surface of the extended lip structure of the inner receptacle and a top surface of the shelf structure the outer receptacle (Fig 4, 34 is between a bottom surface of an extended lip of an inner receptacle and a top surface of a shelf of an outer receptacle),
the extended lip structure of the inner receptacle is configured to complement the shelf structure of the outer receptacle and extend over an entirety of the shelf structure of the outer receptacle and the first gasket (Fig 4, the extended lip extends over the entirety of the shelf, and over the first gasket 34, holding “vacuum 30c” between the receptacles; there is also a vacuum 30c’ between lid portions sealed by 36).
Therefore, 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 joining of the two receptacles (as claimed, “between a bottom surface of the extended lip structure of the inner receptacle and a top surface of the shelf structure the outer receptacle”) of Han (said joining cited in Han, above) that form its double wall vacuum with a first gasket seal as taught by Molthen to advantageously reinforce the vacuum seal versus jostling.
But Han/Molthen does not explicitly teach each latch contacting the extended lip of the inner receptacle.
Carroll, however, discloses a similar multi-walled container and lid comprising:
a lid latch includes a protrusion (see examiner annotated Carroll Figure 4, hereinafter “EAFC4”; EAFC4, latch protrusion) that, when a latch is in a closed position, protrudes beneath and contacts the extended lip structure of the inner receptacle of the receptacle ([0029] “Lid 25 may be formed and positioned to snap close over food serving dish 20” meaning contact beneath, as also shown by geometry of the latch protrusion relative to the lip, EAFC4 & Figs 2 & 5).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify each latch of Han to have their protrusion contact the inner receptacle lip as taught by Carroll’s latch to advantageously recess each latch from the outer receptacle outer surface of Han protecting it from snagging damage versus protruding from said outer surface as Han is.
Regarding claim 4, Han further teaches the inner receptacle (Fig 39, 3912) and the outer receptacle (3911) of the receptacle are composed of stainless steel ([0084] stainless steel double wall 3912 and 3911).
Regarding claim 5, Han further teaches the inner lid portion (Fig 39, 3928) and the outer lid portion (3922) of the one-piece lid are composed of stainless steel ([0090] stainless steel double wall of which 3928 and 3920 are another part of the double wall, thereby also stainless steel).
Regarding claim 6, Han further teaches an opening (Fig 39, an opening of 3910) of the receptacle (3910) is a rectangular-shaped opening ([0084] rectangular) and wherein the one-piece lid structure (3920) is a rectangular shape (Fig 39 shows 3920 also rectangular).
Regarding claim 7, Han further teaches an opening (Fig 39, an opening of 3910) of the receptacle (3910) is an oval-shaped opening (Fig 39 and [0080], container is oval shaped, which is lid and receptacle) and wherein the one-piece lid structure (3920) is an oval shape (Fig 39 and [0080], container is oval shaped, which is lid and receptacle).
Regarding claim 8, Han further teaches an opening (Fig 39, an opening of 3910) of the receptacle (3910) is a rounded rectangular-shaped opening (Fig 39 and [0084], shows 3910 rounded rectangular) and wherein the one-piece lid structure (3920) is a rounded rectangular shape (Fig 39 and [0084], shows 3920 also rounded rectangular).
Regarding claim 9, Han further teaches the extended lip structure of the inner receptacle (Fig 39, the extended lip structure rim portion of 3912) includes provides a surface for receiving the one-piece lid structure (Figures 39 and 44 show said lip has a surface capable of receiving 3920).
Regarding claim 10, Han further teaches the one-piece lid structure (Fig 39, 3920) includes a third gasket that conforms with each of the one or more compartments, where the third gasket seals each of the one or more compartments when the one-piece lid structure is secureably attached to the receptacle (EAFH39, third gasket [0087], see 35 USC 112b above and claim 1 for details of conforming).
Regarding claim 11, Han further teaches each of the plurality of latches (Fig 39, 3930) is formed on a side of the outer lid portion (Fig 39 shows each 3930 on a side of 3922) of the one-piece lid structure (3920).
Regarding claim 13, Han further teaches each of the plurality of latches (Fig 39, 3930) includes an upper latch portion positioned above the protrusion (Fig 40, an upper portion of 3930 is above protrusion of 3930 for each) that is aligned with an exterior surface of (Fig 41 shows each said upper portion aligned with an exterior surface of the lip portion) the lip portion (Fig 40, lip portion of 3912 and 3911) of the inner receptacle (3912) of the receptacle (3910).
Regarding claim 14, Han further teaches each of the plurality of latches (Fig 39, 3930) includes a lower latch portion positioned below the protrusion (Fig 40, a lower portion of 3930 is below protrusion of 3930 for each) that is aligned with an exterior surface of (Fig 41 shows each said lower portion aligned with an exterior surface of 3911) the outer receptacle (3911) of the receptacle (3910).
Regarding claim 15, Han further teaches each of the plurality of latches (Fig 39, 3930) includes a protrusion (Fig 44, a protrusion of 3930) that is connected using a pin to a latch post (Fig 39 shows a pin directly on 3922 that connects to a latch post for each) formed on an exterior surface of the outer lid portion of the one-piece lid structure (Fig 44 said post is formed on an exterior surface of 3922 of 3920).
Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over US Pub 20200189829 by Han (hereinafter “Han”) in view of US Pub 20100200599 by Molthen et al. (hereinafter “Molthen”) in view of US Pub 20150210464 by Carroll et al. (hereinafter “Carroll”) in view of US Pat 5843501 issued to Rubin et al. (hereinafter “Rubin”).
Regarding claim 2, Han/Molthen/Carroll does not explicitly teach that the receptacle is a composition of copolyester material.
Rubin, however, discloses a similar food container (Title), wherein
an inner (Fig 2, 32 with 18) and outer receptacle (Fig 2, 34 with 30) are composed of a copolyester material (claim 8, more than one copolyester forms the multilayer container, that contacts food, Abstract)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the material of the receptacle of Han with being composed of co-polyester as taught by Rubin in order to beneficially provide safe easy reheating of food in a conventional oven, and advantageously more convenient use in a microwave (col 2, lines 25-27) and beneficially withstand conventional oven temperatures and be wholly or partially aromatic (col 3, lines 51-59).
Regarding claim 3, Han/Molthen/Carroll does not explicitly teach that the lid is a composition of copolyester material.
Rubin, however, discloses a similar food container (Title), wherein
an inner (Fig 1, inner portion of lid 14) and outer lid portion (Fig 1, outer portion of lid 14) are composed of a copolyester material (claim 8, more than one copolyester forms the multilayer container, that contacts food, Abstract; col 4, lines 20-25 lid and receptacle are same materials)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the material of the receptacle of Han with being composed of co-polyester as taught by Rubin in order to beneficially provide safe easy reheating of food in a conventional oven, and advantageously more convenient use in a microwave (col 2, lines 25-27) and beneficially withstand conventional oven temperatures and be wholly or partially aromatic (col 3, lines 51-59).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over US Pub 20200189829 by Han (hereinafter “Han”) in view of US Pub 20100200599 by Molthen et al. (hereinafter “Molthen”) in view of US Pub 20150210464 by Carroll et al. (hereinafter “Carroll”) in view of US Pat 9414701 issued to Yen et al. (hereinafter “Yen”).
Regarding claim 16, Han further teaches each of the plurality of latches (Fig 39, 3930) and the latch post (Fig 4, said post of 3922) are composed of a material and wherein the pin (Fig 4, said pin that necessarily performs latching) is composed of a material (physical structure presence necessarily means the pin is composed of a material),
But Han/Molthen/Carroll does not explicitly teach that the latches and latch posts are each composed of copolyester, and the pin is composed of stainless steel.
Yen, however, discloses a similar insulated lunchbox (Fig 6) wherein,
a plurality of latches (Fig 6, 38 and 40 with 42) and latch posts (Fig 7A, protrusions of lid 30 holding 38 and 40) are each composed of a co-polyester material (col, 9, lines 32-34 – col 10, line 1, and col 7, lines 6-11, each latch and latch post is interpreted as being polyester, which thereby includes co-polyester; wherein polyester is PET (Creative Mechanisms NPL, attached for clarity), and divider 28 is made of PET, and PET is a polymer; then, since “polymer is used to construct various items, such as vessels” where a vessel is a lidded container or receptacle or parts thereof (i.e. the invention of Yen), that means the latches and latch posts are copolyester via use of polymer PET);
wherein each pin (Fig 8 shows each circular element that extends within said posts connects lid 30 to base 10 via the latches) of the latches is composed of stainless steel (col, 9, lines 32-34 – col 10, line 1, and col 7, lines 6-11, each pin is stainless steel; wherein “…to construct various items…an alternate material, such as stainless steel…can be used for all or part of such (vessel) items in alternate embodiments” since the “various items” of the invention of Yen includes the pins).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the latches and latch posts and pin of Han with materials copolyester and stainless steel as taught by Yen in order to advantageously increase the number of manufacturers than can create such common materials thereby increasing product flow to market, and beneficially reduce production costs while simultaneously being safe for consumer use. Since the user is expected to reuse the latches on the container many times through various heating and cooling methods, it is also important to use materials that are known to be safe, and not harm the user in a single dose of particulates, or by cumulative impact, and beneficially to be safe for food contact (col 7, lines 13-15, barrier prevents food from comingling) and create a pin of stainless steel for strength and corrosion resistance.
Additionally and in the alternative, it would have been obvious to a person of ordinary skill in the art having the teachings of Rubin and before them before the effective filing date of the claimed invention, to have made a plurality of latches and latch posts each composed of a co-polyester material and a latch pin of stainless steel material, since it has been held to be within the general skill of a worker in the art to select known material [as evidenced by Yen, see above] on the basis of its suitability for the intended use as a matter of obvious design choice. MPEP 2144.07. Please note that in the instant application, the Applicant has not disclosed any criticality for the claimed limitation.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over US Pub 20200189829 by Han (hereinafter “Han”) in view of US Pub 20100200599 by Molthen et al. (hereinafter “Molthen”).
Regarding claim 17, Han teaches an insulating food storage container (Title and Fig 39, vacuum insulated food storage container 3900) comprising:
a receptacle (Fig 39, 3910) that comprises an inner receptacle (Fig 39, 3912) having an extended lip structure formed along a periphery of the inner receptacle (an extended lip structure is a peripheral rim portion of 3912), an outer receptacle (Fig 39, 3911) having a shelf structure formed along a periphery of the outer receptacle (a shelf structure is a peripheral rim portion of 3911), wherein
the extended lip structure of the inner receptacle is configured to complement the shelf structure of the outer receptacle and extend over an entirety of the shelf structure of the outer receptacle (Fig 44, the extended lip structure rim portion “extends over” an entirety of the shelf structure rim portion), wherein
one or more compartments are formed in the inner receptacle (Fig 39 and [0086], internal compartments of 3912) and wherein
a first vacuum cavity is formed between an outer wall of the inner receptacle and an inner wall of the outer receptacle (Fig 44 and [0086], 3911 and 3912 form a double-walled vacuum insulation cavity);
a one-piece lid structure (Fig 39, lid 3920 is one-piece of at least two pieces, just as Applicant’s) that comprises an inner lid portion (Fig 39, 3928), an outer lid portion (Fig 39, 3922), and a second gasket (Fig 39 and [0088], another 3914 than that depicted is “within” 3928) configured to form a second seal between the inner lid portion and the outer lid portion (“sealing ring 3914” means the ring is capable of a second sealing where it is at between 3928 and 3922), wherein the inner lid portion and the outer lid portion are connected to form an inner channel that is between a lower edge surface of the outer lid portion and a lip portion of the inner lid portion (EAFH39 shows that since another 3914 means at least about the same size as the 3914 depicted, that the placement pointed to by the arrow is where it can fit, and that location is between a lower edge surface of 3922 and a lip of 3928), wherein
the second gasket (EAFH39, third gasket interpretation, see 35 USC 112b above) is positioned within the inner channel such that, in a closed position in which the one-piece lid structure is connected to the receptacle, the second gasket within the inner channel of the one-piece lid structure engages with the extended lip structure of the inner receptacle to seal the one-piece lid structure and the one or more compartments within the receptacle (EAFH39, the sealing ring 3914 shown (which is that of original Fig 39) is a third gasket – in this different claimed location than as claimed above for the second gasket – is shown engaging the extended lip of the inner receptacle 3912, Fig 44, and capable of sealing each compartment by being one ring 3914 that includes sealing the compartments; [0087] “Each internal compartment may be provided with a separated body sealing ring 3914. Alternatively, multiple internal compartments could share a sealing ring, for example, a figure “8” shaped ring” meaning 3914 seals the receptacle lip as shown plus each compartment), and wherein
a second vacuum cavity is formed between an outer wall of the inner lid portion and an inner wall of the outer lid portion (Fig 44 and [0090], shows a second cavity formed between 3928 and 3922 “provide another part of the double walled vacuum sealed environment”);
a plurality of latches (Fig 39, 3930) connected to an outer wall of the outer lid portion (Fig 39 shows 3930 connected to an outer wall of 3922), wherein
each of the plurality of latches is configured to connect the one-piece lid structure to the receptacle (Fig 41 shows each of 3930 is configured to connect 3920 to 3910),
each of the plurality of latches (Fig 39, 3930) includes a protrusion (Fig 39, a protrusion of 3930) that is connected using a pin to a latch post (Fig 39 shows a pin directly on 3922 that connects to a latch post for each) formed on an exterior surface of the outer lid portion of the one-piece lid structure (Fig 39 said post is formed on an exterior surface of 3922 of 3920), and
each of the plurality of latches (Fig 39, 3930) is a lever (Fig 39 shows each latch 3930 is a lever pivoting) that separates the one-piece lid structure from the receptacle when a latch is moved from a closed position to an open position (separation of 3920 from 3910 necessarily occurs when each 3930 is moved from closed to open positions),
But Han embodiment Fig 39 does not explicitly teach a cover attached to the outer lid portion.
Han embodiment Fig 34, however, discloses a similar vacuum insulated food storage container, wherein
a cover is formed to secureably attach to the outer lid portion (Fig 34, cover 3322; wherein the cover includes an interior and exterior surface).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the outer lid of Han with a cover as taught by Han in order to advantageously provide decoration for a more beautiful appearance on store shelves to a consumer, and the elegance benefits a user with every use by being pleasing to look at thereby providing an emotional uplift, enhancing a user’s productivity throughout the day (Han [0081], decoration).
But Han does not explicitly teach a first gasket placed on the outer edge lip between the inner receptacle and outer receptacle.
Molthen, however, discloses a similar multi-walled container and lid comprising:
a first gasket (Fig 4, “seal 34”) configured to form a first seal between a bottom surface of the extended lip structure of the inner receptacle and a top surface of the shelf structure the outer receptacle (Fig 4, 34 is between a bottom surface of an extended lip of an inner receptacle and a top surface of a shelf of an outer receptacle),
the extended lip structure of the inner receptacle is configured to complement the shelf structure of the outer receptacle and extend over an entirety of the shelf structure of the outer receptacle and the first gasket (Fig 4, the extended lip extends over the entirety of the shelf, and over the first gasket 34, holding “vacuum 30c” between the receptacles; there is also a vacuum 30c’ between lid portions sealed by 36).
Therefore, 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 joining of the two receptacles (as claimed, “between a bottom surface of the extended lip structure of the inner receptacle and a top surface of the shelf structure the outer receptacle”) of Han (said joining cited in Han, above) that form its double wall vacuum with a first gasket seal as taught by Molthen to advantageously reinforce the vacuum seal versus jostling.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over US Pub 20200189829 by Han (hereinafter “Han”) in view of US Pub 20100200599 by Molthen et al. (hereinafter “Molthen”) in view of US Pub 20170334612 by Middleton et al. (hereinafter “Middleton”).
Regarding claim 18, Han teaches an insulating food storage container (Title and Fig 39, vacuum insulated food storage container 3900) comprising:
a receptacle (Fig 39, 3910) that comprises an inner receptacle (Fig 39, 3912) having an extended lip structure formed along a periphery of the inner receptacle (an extended lip structure is a peripheral rim portion of 3912), an outer receptacle (Fig 39, 3911) having a shelf structure formed along a periphery of the outer receptacle (a shelf structure is a peripheral rim portion of 3911), wherein
the extended lip structure of the inner receptacle is configured to complement the shelf structure of the outer receptacle and extend over an entirety of the shelf structure of the outer receptacle (Fig 44, the extended lip structure rim portion “extends over” an entirety of the shelf structure rim portion), wherein
one or more compartments are formed in the inner receptacle (Fig 39 and [0086], internal compartments of 3912) and wherein
a first vacuum cavity is formed between an outer wall of the inner receptacle and an inner wall of the outer receptacle (Fig 44 and [0086], 3911 and 3912 form a double-walled vacuum insulation cavity);
a one-piece lid structure (Fig 39, lid 3920 is one-piece of at least two pieces, just as Applicant’s) that comprises an inner lid portion (Fig 39, 3928), an outer lid portion (Fig 39, 3922), and a second gasket (Fig 39 and [0088], another 3914 than that depicted is “within” 3928) configured to form a second seal between the inner lid portion and the outer lid portion (“sealing ring 3914” means the ring is capable of a second sealing where it is at between 3928 and 3922), wherein the inner lid portion and the outer lid portion are connected to form an inner channel that is between a lower edge surface of the outer lid portion and a lip portion of the inner lid portion (EAFH39 shows that since another 3914 means at least about the same size as the 3914 depicted, that the placement pointed to by the arrow is where it can fit, and that location is between a lower edge surface of 3922 and a lip of 3928), wherein
the second gasket (EAFH39, third gasket interpretation, see 35 USC 112b above) is positioned within the inner channel such that, in a closed position in which the one-piece lid structure is connected to the receptacle, the second gasket within the inner channel of the one-piece lid structure engages with the extended lip structure of the inner receptacle to seal the one-piece lid structure and the one or more compartments within the receptacle (EAFH39, the sealing ring 3914 shown (which is that of original Fig 39) is a third gasket – in this different claimed location than as claimed above for the second gasket – is shown engaging the extended lip of the inner receptacle 3912, Fig 44, and capable of sealing each compartment by being one ring 3914 that includes sealing the compartments; [0087] “Each internal compartment may be provided with a separated body sealing ring 3914. Alternatively, multiple internal compartments could share a sealing ring, for example, a figure “8” shaped ring” meaning 3914 seals the receptacle lip as shown plus each compartment), and wherein
a second vacuum cavity is formed between an outer wall of the inner lid portion and an inner wall of the outer lid portion (Fig 44 and [0090], shows a second cavity formed between 3928 and 3922 “provide another part of the double walled vacuum sealed environment”);
a plurality of latches (Fig 39, 3930) connected to an outer wall of the outer lid portion (Fig 39 shows 3930 connected to an outer wall of 3922), wherein
each of the plurality of latches is configured to connect the one-piece lid structure to the receptacle (Fig 41 shows each of 3930 is configured to connect 3920 to 3910),
But Han does not explicitly teach a first gasket placed on the outer edge lip between the inner receptacle and outer receptacle.
Molthen, however, discloses a similar multi-walled container and lid comprising:
a first gasket (Fig 4, “seal 34”) configured to form a first seal between a bottom surface of the extended lip structure of the inner receptacle and a top surface of the shelf structure the outer receptacle (Fig 4, 34 is between a bottom surface of an extended lip of an inner receptacle and a top surface of a shelf of an outer receptacle),
the extended lip structure of the inner receptacle is configured to complement the shelf structure of the outer receptacle and extend over an entirety of the shelf structure of the outer receptacle and the first gasket (Fig 4, the extended lip extends over the entirety of the shelf, and over the first gasket 34, holding “vacuum 30c” between the receptacles; there is also a vacuum 30c’ between lid portions sealed by 36).
Therefore, 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 joining of the two receptacles (as claimed, “between a bottom surface of the extended lip structure of the inner receptacle and a top surface of the shelf structure the outer receptacle”) of Han (said joining cited in Han, above) that form its double wall vacuum with a first gasket seal as taught by Molthen to advantageously reinforce the vacuum seal versus jostling.
But Han/Molthen does not explicitly teach a cover interior surface having a plurality of clips.
Middleton, however, discloses a similar insulated food storage container (Fig 1 and [0048], container 12 stores food like flour, coffee, sugar) comprising:
a cover removably attached to an outer lid (Figures 12, 15 and 28, snap cover 16 of [0049] polymer polyethylene having an exterior surface, attached to outer lid seal 14) wherein,
an interior surface (an interior surface of 16) that includes a plurality of clips (Fig 12 and [0081], scoop clips 98) for holding one or more utensils (Fig 12 and [0081], scoops 110 that are able to be viewed by a user in the position shown).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the lid of Han with a cover interior surface including clips as taught by Middleton in order to advantageously provide a coffee user or sugar user with not only convenient secure storing of a scoop with the container having contents to serve, but also protect the scoop from various environments the container is exposed to such as transport in a truck, transport in a car on a sunny hot day, or in the park where bugs would otherwise easily contaminate the scoop or contents of the container. In addition, the clips beneficially allow the scoop to not be submerged within the contents of the container while still being able to travel with the container, unlike many competitors, thereby reducing mess, waste and hassle of cleanup on the part of the user, and beneficially securely retain and shield the scoop from outside elements while in the closed position (Middleton Fig 1)
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over US Pub 20200189829 by Han (hereinafter “Han”) in view of US Pub 20100200599 by Molthen et al. (hereinafter “Molthen”) in view of US Pub 20170334612 by Middleton et al. (hereinafter “Middleton”) in further view of US Pat 3241706 issued to Monaco et al. (hereinafter “Monaco”).
Regarding claim 19, Han/Molthen/Middleton already teaches the cover (Middleton, Fig 12, 16) is composed of a plastic material (Middleton, [0049] polymer polyethylene) such that the one or more utensils (Middleton, Fig 12 and [0081] scoops 110) are visible to a user of the insulating food storage container (Middleton, Fig 12, scoops are able to be viewed by a user in the position shown),
But Han/Molthen/Middleton does not explicitly teach the cover is composed of a transparent material.
Monaco, however, teaches a similar double walled food storage container (Title and Fig 1) with a cover (Fig 1, 17), wherein
the cover is composed of a transparent material (claim, cover and receptacle made of transparent plastic material, to permit unhindered viewing of contents at all times in any position of the cover, col 2, lines 15-19).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the cover of Middleton to be a transparent material as taught by Monaco to advantageously protect the contents beneath the cover while providing instant visual inspection without exposing said contents (Monaco, col 1, lines 47-49).
Conclusion
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/ERIC C BALDRIGHI/Examiner, Art Unit 3733
