DETAILED ACTION
This communication is a final rejection on the merits.
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 .
Response to Amendment
The amendment filed on 10/16/2025 has been entered. Claims 1 and 17 have been amended, Claims 6, 8, 11, 13, and 18 have been canceled, and Claims 2-5, 7, 9-10, 12, 14-16, and 19-23 remain as previously presented.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 12 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Regarding Claim 12, Claim 12 fails to further limit the subject matter of the parent claim 1 because Claim 12 recites that “the side walls are made of silicone”, which is the same limitation in Line 5 of the parent claim 1.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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 1-5, 9, 12, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Leeburg. “Snap Open Bait Bags.” LEEBURG, 24 Sept. 2018, https://leerburg.com/flix/player.php/1604/Snap_Open_Bait_Bags, hereinafter referred to as Leeburg, in view of Satterfield (US 10548391 B2), Sokal (GB 526336 A), and Kato (JP 3174786 U).
Regarding Claim 1, Leeburg teaches a portable pet food container (See Screenshot 1 below), comprising:
A main body having a flexible top end, a bottom end, and an internal compartment for storing pet food (See Screenshot 1 and Minute 0:10-0:16; The container comprises a main body with a flexible top end [that can be opened and closed], a bottom end [located opposite the top end], and an internal compartment where pet food can be stored,), the internal compartment formed by side walls extending between the top end and the bottom end (See Screenshot 1 and Minute 0:10-0:16; The internal compartment is formed by side walls that extend between the top and bottom end.), and the top end comprising at least one mount configured to receive a wearable device (See Screenshot 1 and Minute 0:10-0:16; The top end that opens and closes comprises a loop where a wearable strap may be mounted.),
Wherein the top end comprises a spring-assisted fastener configured to remain open when moved to a first position and remain closed when moved to a second position (See Minutes 0:13-0:20 and the Description in Screenshot 1; The top end of the bag comprises a spring-assisted French hinge that remains open when moved to a first [open] position and remains closed when moved to a second [closed] position.), the spring-assisted fastener comprising a first flexible wall with a first central portion and a second wall with a second central portion (See Minutes 0:13-0:20 and Screenshot 1; The fastener comprises two flexible walls embedded inside the top end. The fastener comprises a first [top] flexible wall with a first central portion and a second [bottom] wall with a second central portion.), the at least one mount positioned adjacent to the second central portion (See Screenshot 1; The loop mount is positioned adjacent to the second [bottom] central portion.), and
Wherein when the fastener is in the first position, the first central portion being flat (See Screenshot 1; When the fastener in the first [open] position, the first [top] central portion is flat.).
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Screenshot 1 of Leeburg
However, the system of Leeburg fails to explicitly state that the bottom end is a flat bottom end and that the main body has a flexible, yet sturdy form that is convertible between a carrying pouch and a vessel configured to stand upright when placed on a surface for feeding or drinking, the main body configured such that: when the top end is in the second position, the main body forms a generally flared shape extending from the top end to the bottom end, wherein a width of the bottom end is wider than a width of the top end, and the side walls create a flat-bottomed triangular side profile for the main body, and when the top end is in the first position, the side walls extend substantially vertically between the top end and the bottom end so as to support an upright position of the main body.
Satterfield teaches a pouch (2302) comprising a main body (2304) having a flat bottom end (Fig. 26 shows that main body 2304 comprises a flat bottom end [which lies opposite to sleeve 2310].), wherein the main body has a flexible, yet sturdy form that is convertible between a carrying pouch and a vessel configured to stand upright when placed on a surface for feeding or drinking (Column 12 Lines 30-35 states that pouch 2304 can be made of nylon which is a flexible, durable, and food-safe material. In addition, Figs. 23, 26, and 28 show that pouch 2304 has a sturdy form capable of being convertible between a carrying pouch [shown in Fig. 28] and a vessel configured to stand upright when placed on a surface for feeding or drinking [shown in Fig. 23].), the main body configured such that:
When the top end is in the second position, the main body forms a generally flared shape extending from the top end to the bottom end (Fig. 28 shows that when the top end 2310 is in the second [closed] position, main body 2304 forms a generally flared shape extending from top end 2310 to the opposing bottom end.), wherein a width of the bottom end is wider than a width of the top end (Fig. 28 also shows that the width of the bottom end is wider than the width of the top end 2310.), and the side walls create a flat-bottomed triangular side profile for the main body (Fig. 28 shows that side walls 2308 create a flat-bottomed triangular side profile for the main body 2304.), and
When the top end is in the first position, the side walls extend substantially vertically between the top end and the bottom end so as to support an upright position of the main body (Fig. 23 shows that when top end 2310 is in the first [open] position, side walls 2306A- 2306B and 2308 extend substantially vertically between top end 2310 and the opposing bottom end and support an upright position of main body 2304.).
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 system of Leeburg to have the bottom end be a flat bottom end and to have the main body have a flexible, yet sturdy form that is convertible between a carrying pouch and a vessel configured to stand upright when placed on a surface for feeding or drinking, the main body configured such that: when the top end is in the second position, the main body forms a generally flared shape extending from the top end to the bottom end, wherein a width of the bottom end is wider than a width of the top end, and the side walls create a flat-bottomed triangular side profile for the main body, and when the top end is in the first position, the side walls extend substantially vertically between the top end and the bottom end so as to support an upright position of the main body as taught by Satterfield with reasonable expectation of success to optimize space when storing the bag and therefore increase practicality for the user.
The system of Leeburg as modified by Satterfield fails to explicitly state that when the fastener is in the first position, the second central portion has a curvature so that the second central portion is configured to curve away from the first flexible wall, the curvature being at a midpoint of the second flexible wall.
Sokal teaches spring-assisted fastener (shown in Fig. 2), wherein when the fastener is in the first position, the second central portion (15) has a curvature so that the second central portion is configured to curve away from a first wall (Fig. 2 shows that when the fastener is in the first [open] position, the second central portion 15 has a curvature that leads to the second central portion to curve away from a first wall 1.), the curvature being at a midpoint of the second flexible wall (See Fig. 2; The curvature of the second central portion 15 is at the midpoint of the second flexible wall.). 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 system of Leeburg as modified by Satterfield to, when the fastener is in the first position, have the second central portion has a curvature so that the second central portion is configured to curve away from the first flexible wall, the curvature being at a midpoint of the second flexible wall as taught by Sokal with reasonable expectation of success to permit ready access to the interior compartment (Sokal, Pg. 1 Lines 30-40).
The system of Leeburg as modified by Satterfield and Sokal fails to explicitly state that the side walls are made of silicone.
Kato teaches a container (pouch 1) wherein the side walls (2a, 2b) are made of silicone (Pgs. 1 and 3 state that the side walls 2a, 2b of pouch 1 are made of silicone.). 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 system of Leeburg as modified by Satterfield and Sokal to have the side walls be made of silicone as taught by Kato with reasonable expectation of success to provide the container with a waterproof function (Kato, Abstract).
Regarding Claim 2, the system of Leeburg as modified by Satterfield, Sokal, and Kato, as shown above, teaches the limitations of Claim 1.
Leeburg further teaches that the spring-assisted fastener includes a pair of flex springs (shown in Screenshot 1; The left and right side of the top end include a pair of flex springs.), each of the first and second flexible walls having a first end coupled to a first one of the springs and a second end coupled to a second one of the springs (See Screenshot 1; Each of the first and second flexible walls having a first end coupled to a first one of the springs and a second end coupled to a second one of the springs.).
Regarding Claim 3, the system of Leeburg as modified by Satterfield, Sokal, and Kato, as shown above, teaches the limitations of Claim 2.
Leeburg further teaches that the spring-assisted fastener is configured to move to the first position upon application of a first amount of force to separate the first flexible wall from the second flexible wall (See Minutes 0:10-0:15; The spring-assisted fastener moves to the first [open] position upon application of a first amount of force to separate the first flexible wall from the second flexible wall.).
Regarding Claim 4, the system of Leeburg as modified by Satterfield, Sokal, and Kato, as shown above, teaches the limitations of Claim 3.
Leeburg further teaches that the spring-assisted fastener is configured to move to the second position upon application of a second amount of force to collapse the first flexible wall towards the second flexible wall (See Minutes 0:10-0:15; The spring-assisted fastener moves to a second [closed] positioned upon application of a second amount of force to collapse the first flexible wall towards the second flexible wall.).
Regarding Claim 5, the system of Leeburg as modified by Satterfield, Sokal, and Kato, as shown above, teaches the limitations of Claim 4.
Leeburg further teaches that the second amount of force is less than the first amount of force (See Minutes 0:10-0:15; The first and second flexible walls are snapped into a closed second position. This means that the walls have a sealing pressure that must be overcome by the user pulling on the first flexible wall. In this way, the user would exert a higher amount of force when pulling the first flexible wall into a first [open] position than the amount of force required for the first flexible wall to snap into a [closed] second position.).
Regarding Claim 9, the system of Leeburg as modified by Satterfield, Sokal, and Kato, as shown above, teaches the limitations of Claim 1.
Leeburg further teaches that the container further comprises a wearable strap configured for attachment around a waist or torso of a user (See Screenshot 1; The container comprises a wearable strap that can be attached around a waist or torso of a user.), and the at least one mount in the top end is configured to receive the strap therethrough (See Screenshot 1; The loop mount in the top end is capable of receiving the strap therethrough.).
Regarding Claim 12, the system of Leeburg as modified by Satterfield, Sokal, and Kato, as shown above, teaches the limitations of Claim 1.
The system of Leeburg as modified by Satterfield, Sokal, and Kato further teaches (references to Kato) that the side walls are made of silicone (Pgs. 1 and 3 state that the side walls 2a, 2b of pouch 1 are made of silicone.).
Regarding Claim 16, the system of Leeburg as modified by Satterfield, Sokal, and Kato, as shown above, discloses the limitations of Claim 1.
The system of Leeburg as modified by Satterfield, Sokal, and Kato further teaches (references to Satterfield) that the bottom end has rounded corners configured to facilitate retrieval of the pet food from within the internal compartment (Fig. 26 shows that the bottom end of main body 2304 comprises rounded corners which are capable of facilitating retrieval of pet food from within the internal compartment.).
Claims 7 and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Leeburg as modified by Satterfield (US 10548391 B2), Sokal (GB 526336 A), and Kato (JP 3174786 U) as applied to claim 1 above, and further in view of Verma (US 10597197 B2).
Regarding Claim 7, the system of Leeburg as modified by Satterfield, Sokal, and Kato, as shown above, teaches the limitations of Claim 1.
However, the system of Leeburg as modified by Satterfield, Sokal, and Kato fails to explicitly state that the portable pet food container further comprises a resealable closure configured to releasably seal the internal compartment.
Verma teaches a container (60) comprising a resealable closure (64) configured to releasably seal an internal compartment (Figs. 7-8 show that resealable mechanism 64 is capable of releasably sealing the internal compartment of container 60 [also stated in Column 7 Lines 45-50].). 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 system of Leeburg as modified by Satterfield, Sokal, and Kato to include a resealable closure configured to releasably seal the internal compartment as taught by Verma with reasonable expectation of success to better prolong the useful life of the products stored in the container.
Regarding Claim 14, the system of Leeburg as modified by Satterfield, Sokal, Kato, and Verma, as shown above, teaches the limitations of Claim 7.
The system of Leeburg as modified by Satterfield, Sokal, Kato, and Verma further teaches (references to Verma) that the resealable closure (64) is disposed adjacent to the top end (shown in Fig. 7).
Regarding Claim 15, the system of Leeburg as modified by Satterfield, Sokal, Kato, and Verma, as shown above, teaches the limitations of Claim 7.
The system of Leeburg as modified by Satterfield, Sokal, Kato, and Verma further teaches (references to Verma) that the resealable closure (64) is located within the top end (shown in Fig. 7).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Leeburg as modified by Satterfield (US 10548391 B2), Sokal (GB 526336 A), and Kato (JP 3174786 U) as applied to claim 1 above, and further in view of Byers (US 5609419 A) and Bajuyo (US 20140263501 A1).
Regarding Claim 10, the system of Leeburg as modified by Satterfield, Sokal, and Kato, as shown above, teaches the limitations of Claim 1.
However, the system of Leeburg as modified by Satterfield, Sokal, and Kato that the portable pet food container further comprises a wearable clip configured for attachment to an item worn by a user.
Byers teaches a container (16) further comprises a wearable clip configured for attachment to an item worn by a user (Fig. 3 shows that mount 18 is a wearable clip that is capable of being attached to an item 14 worn by a user 10 [see Fig. 1].). 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 system of Leeburg as modified by Satterfield, Sokal, and Kato to include a wearable clip configured for attachment to an item worn by a user as taught by Byers with reasonable expectation of success to provide a hands-free means of carrying the container.
The system of Leeburg as modified by Satterfield, Sokal, Kato, and Byers teaches the claimed invention except for the fact that the at least one mount in the top end is configured to receive a back surface of the clip. Bajuyo teaches a mount (25) in the top end of a container (20; shown in Fig. 5) that is configured to receive a back surface of a clip (236; Fig. 5 shows that the back surface of clip 236 is inserted into mount 25.). It would have been an obvious substitution of functional equivalents to one of ordinary skill in the art before the claimed invention was filed to substitute the mount of the system of Leeburg as modified by Satterfield, Sokal, Kato, and Byers with a mount in the top end configured to receive a back surface of the clip as taught by Bajuyo with reasonable expectation of success to keep the contents in the container generally leveled while the user moves (Bajuyo, ¶4), since a simple substitution of one known element for another would obtain predictable results. KSR International Co. v. Teleflex Inc., 127 S. Ct. 1727, 1739, 1740, 82 USPQ2d 1385, 1395, 1396 (2007).
Claims 17 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Leeburg. “Snap Open Bait Bags.” LEEBURG, 24 Sept. 2018, https://leerburg.com/flix/player.php/1604/Snap_Open_Bait_Bags, hereinafter referred to as Leeburg, in view of Satterfield (US 10548391 B2), Lieber (US 2150627 A), Sokal (GB 526336 A), and Kato (JP 3174786 U).
Regarding Claim 17, Leeburg teaches a portable pet food container (See Screenshot 1 below), comprising:
A main body having a flexible top end, a bottom end, and an internal compartment for storing pet food (See Screenshot 1 and Minute 0:10-0:16; The container comprises a main body with a flexible top end [that can be opened and closed], a bottom end [located opposite the top end], and an internal compartment where pet food can be stored,), the internal compartment formed by side walls extending between the top end and the bottom end (See Screenshot 1 and Minute 0:10-0:16; The internal compartment is formed by side walls that extend between the top and bottom end.), and the top end comprising at least one mount configured to receive a wearable device (See Screenshot 1 and Minute 0:10-0:16; The top end that opens and closes comprises a loop where a wearable strap may be mounted.),
Wherein the top end comprises a spring-assisted fastener configured to remain open when moved to a first position and remain closed when moved to a second position (See Minutes 0:13-0:20 and the Description in Screenshot 1; The top end of the bag comprises a spring-assisted French hinge that remains open when moved to a first [open] position and remains closed when moved to a second [closed] position.), the spring-assisted fastener comprising a first flexible wall with a first central portion and a second wall with a second central portion (See Minutes 0:13-0:20 and Screenshot 1; The fastener comprises two flexible walls embedded inside the top end. The fastener comprises a first [top] flexible wall with a first central portion and a second [bottom] wall with a second central portion.), the at least one mount positioned adjacent to the second central portion (See Screenshot 1; The loop mount is positioned adjacent to the second [bottom] central portion.), and
Wherein the spring-assisted fastener comprises a first flexible wall with a first central portion, and a second flexible wall with a flat central portion attached to a plurality of side portions (Minutes 0:13-0:20 and Screenshot 1; The fastener comprises two flexible walls embedded inside the top end. The fastener comprises a first [top] flexible wall with a first central portion and a second [bottom] wall with a second flat central portion attached to a plurality of side portions.), the at least one mount positioned within the top end adjacent to the flat central portion (See Screenshot 1; The loop mount is positioned adjacent to the second [bottom] flat central portion.), and
Wherein when the fastener is moved to the first position: the side portions are configured to extend away from the first flexible wall at an acute angle and cause the flat central portion to move outwards while remaining substantially flat, such that the second flexible wall forms a flat-sided shape (Minutes 0:13-0:20 and Screenshot 1; When the fastener is moved to the first [open] position, the side portions extend away from the first flexible wall at an acute angle and cause the flat central portion to move outwards while remaining substantially flat, such that the second [bottom] flexible wall forms a flat-sided shape.).
However, the system of Leeburg fails to explicitly state that the bottom end is a flat bottom end and that the main body has a flexible, yet sturdy form that is convertible between a carrying pouch and a vessel configured to stand upright when placed on a surface for feeding or drinking, the main body configured such that: when the top end is in the second position, the main body forms a generally flared shape extending from the top end to the bottom end, wherein a width of the bottom end is wider than a width of the top end, and the side walls create a flat-bottomed triangular side profile for the main body, and when the top end is in the first position, the side walls extend substantially vertically between the top end and the bottom end so as to support an upright position of the main body.
Satterfield teaches a pouch (2302) comprising a main body (2304) having a flat bottom end (Fig. 26 shows that main body 2304 comprises a flat bottom end [which lies opposite to sleeve 2310].), wherein the main body has a flexible, yet sturdy form that is convertible between a carrying pouch and a vessel configured to stand upright when placed on a surface for feeding or drinking (Column 12 Lines 30-35 states that pouch 2304 can be made of nylon which is a flexible, durable, and food-safe material. In addition, Figs. 23, 26, and 28 show that pouch 2304 has a sturdy form capable of being convertible between a carrying pouch [shown in Fig. 28] and a vessel configured to stand upright when placed on a surface for feeding or drinking [shown in Fig. 23].), the main body configured such that:
When the top end is in the second position, the main body forms a generally flared shape extending from the top end to the bottom end (Fig. 28 shows that when the top end 2310 is in the second [closed] position, main body 2304 forms a generally flared shape extending from top end 2310 to the opposing bottom end.), wherein a width of the bottom end is wider than a width of the top end (Fig. 28 also shows that the width of the bottom end is wider than the width of the top end 2310.), and the side walls create a flat-bottomed triangular side profile for the main body (Fig. 28 shows that side walls 2308 create a flat-bottomed triangular side profile for the main body 2304.), and
When the top end is in the first position, the side walls extend substantially vertically between the top end and the bottom end so as to support an upright position of the main body (Fig. 23 shows that when top end 2310 is in the first [open] position, side walls 2306A- 2306B and 2308 extend substantially vertically between top end 2310 and the opposing bottom end and support an upright position of main body 2304.).
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 system of Leeburg to have the bottom end be a flat bottom end and to have the main body have a flexible, yet sturdy form that is convertible between a carrying pouch and a vessel configured to stand upright when placed on a surface for feeding or drinking, the main body configured such that: when the top end is in the second position, the main body forms a generally flared shape extending from the top end to the bottom end, wherein a width of the bottom end is wider than a width of the top end, and the side walls create a flat-bottomed triangular side profile for the main body, and when the top end is in the first position, the side walls extend substantially vertically between the top end and the bottom end so as to support an upright position of the main body as taught by Satterfield with reasonable expectation of success to optimize space when storing the bag and therefore increase practicality for the user.
The system of Leeburg as modified by Satterfield fails to explicitly state that the top end further comprises two opposing end pieces configured to cover opposite ends of the spring-assisted fastener and thereby, seal the fastener within the top end.
Lieber teaches a container (11) comprising a top end (Fig. 1 shows that bag 11 comprises a top end [where frame member 14 and hems 17 and 18 are located].), the top end further comprising two opposing end pieces (tabs 24) configured to cover opposite ends of the spring-assisted fastener (14) and thereby, seal the fastener within the top end (Figs. 1 and 4 show that two opposing end pieces 24 cover opposite ends of the spring-assisted fastener 14 and thereby seal the fastener 14 within the top end of container 11.). 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 system of Leeburg as modified by Satterfield to have the top end further comprise two opposing end pieces configured to cover opposite ends of the spring-assisted fastener and thereby, seal the fastener within the top end as taught by Lieber with reasonable expectation of success to prevent the fabric of the container from getting caught in the flex springs of the spring-assisted fastener.
The system of Leeburg as modified by Satterfield and Lieber fails to explicitly state that when the fastener is moved to the first position: the first central portion is configured to curve away from the second flexible wall, such that the first flexible wall forms a curved shape, the curvature being at a middle of the first flexible wall.
Sokal teaches spring-assisted fastener (shown in Fig. 2), when the fastener is moved to the first position: a first central portion (15) is configured to curve away from a second wall, such that the first flexible wall forms a curved shape, the curvature being at a middle of the first flexible wall (Fig. 2 shows that when the fastener is in the first [open] position, the first central portion 15 curves away from a second wall 1, such that the first flexible wall 15 forms a curved shape with a curvature being at a middle of the first flexible wall 15.). 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 system of Leeburg as modified by Satterfield and Lieber to have, when the fastener is moved to the first position, the first central portion be configured to curve away from the second flexible wall, such that the first flexible wall forms a curved shape, the curvature being at a middle of the first flexible wall as taught by Sokal with reasonable expectation of success to permit ready access to the interior compartment (Sokal, Pg. 1 Lines 30-40).
The system of Leeburg as modified by Satterfield, Lieber, and Sokal fails to explicitly state that the side walls are made of silicone.
Kato teaches a container (pouch 1) wherein the side walls (2a, 2b) are made of silicone (Pgs. 1 and 3 state that the side walls 2a, 2b of pouch 1 are made of silicone.). 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 system of Leeburg as modified by Satterfield, Lieber, and Sokal to have the side walls be made of silicone as taught by Kato with reasonable expectation of success to provide the container with a waterproof function (Kato, Abstract).
Regarding Claim 19, the system of Leeburg as modified by Satterfield, Lieber, Sokal, and Kato, as shown above, teaches the limitations of Claim 17.
Leeburg further teaches that the spring-assisted fastener further comprises a pair of flex springs (shown in Screenshot 1; The left and right side of the top end include a pair of flex springs.) coupled to the first and second flexible walls (See Screenshot 1; Each of the first and second flexible walls having a first end coupled to a first one of the springs and a second end coupled to a second one of the springs.), wherein the spring-assisted fastener is configured to (a) move to the first position upon application of a first amount of force to separate the first flexible wall from the second flexible wall (See Minutes 0:10-0:15; The spring-assisted fastener moves to the first [open] position upon application of a first amount of force to separate the first flexible wall from the second flexible wall.) and (b) move to the second position upon application of a second amount of force to collapse the first flexible wall towards the second flexible wall (See Minutes 0:10-0:15; The spring-assisted fastener moves to a second [closed] positioned upon application of a second amount of force to collapse the first flexible wall towards the second flexible wall.).
Regarding Claim 20, the system of Leeburg as modified by Satterfield, Lieber, Sokal, and Kato, as shown above, teaches the limitations of Claim 17.
Leeburg further teaches that the container further comprises a wearable strap configured for attachment around a waist or torso of a user (See Screenshot 1; The container comprises a wearable strap that can be attached around a waist or torso of a user.), and the at least one mount within the top end is configured to receive the strap therethrough (See Screenshot 1; The loop mount in the top end is capable of receiving the strap therethrough.).
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Leeburg as modified by Satterfield (US 10548391 B2), Lieber (US 2150627 A), Sokal (GB 526336 A), and Kato (JP 3174786 U) as applied to claim 17 above, and further in view of Byers (US 5609419 A) and Bajuyo (US 20140263501 A1).
Regarding Claim 21, the system of Leeburg as modified by Satterfield, Lieber, Sokal, and Kato, as shown above, teaches the limitations of Claim 17.
However, the system of Leeburg as modified by Satterfield, Lieber, Sokal, and Kato that the portable pet food container further comprises a wearable clip configured for attachment to the main body and to an item worn by a user.
Byers teaches a container (16) further comprises a wearable clip configured for attachment to the main body and to an item worn by a user (Fig. 3 shows that mount 18 is a wearable clip that is capable of being attached to a main body 22 and an item 14 worn by a user 10 [see Fig. 1].). 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 system of Leeburg as modified by Satterfield, Lieber, Sokal, and Kato to include a wearable clip configured for attachment to an item worn by a user as taught by Byers with reasonable expectation of success to provide a hands-free means of carrying the container.
The system of Leeburg as modified by Satterfield, Lieber, Sokal, Kato, and Byers teaches the claimed invention except for the fact that the at least one mount in the top end is configured to receive a back surface of the clip. Bajuyo teaches a mount (25) in the top end of a container (20; shown in Fig. 5) that is configured to receive a back surface of a clip (236; Fig. 5 shows that the back surface of clip 236 is inserted into mount 25.). It would have been an obvious substitution of functional equivalents to one of ordinary skill in the art before the claimed invention was filed to substitute the mount of the system of Leeburg as modified by Satterfield, Lieber, Sokal, Kato, and Byers with a mount in the top end configured to receive a back surface of the clip as taught by Bajuyo with reasonable expectation of success to keep the contents in the container generally leveled while the user moves (Bajuyo, ¶4), since a simple substitution of one known element for another would obtain predictable results. KSR International Co. v. Teleflex Inc., 127 S. Ct. 1727, 1739, 1740, 82 USPQ2d 1385, 1395, 1396 (2007).
Claims 22-23 are rejected under 35 U.S.C. 103 as being unpatentable over Leeburg as modified by Satterfield (US 10548391 B2), Lieber (US 2150627 A), Sokal (GB 526336 A), and Kato (JP 3174786 U) as applied to claim 17 above, and further in view of Verma (US 10597197 B2).
Regarding Claim 22, the system of Leeburg as modified by Satterfield, Lieber, Sokal, and Kato, as shown above, teaches the limitations of Claim 17.
However, the system of Leeburg as modified by Satterfield, Lieber, Sokal, and Kato fails to explicitly state that the portable pet food container further comprises a resealable closure configured to releasably seal the internal compartment, the resealable closure disposed adjacent to the top end.
Verma teaches a container (60) comprising a resealable closure (64) configured to releasably seal an internal compartment (Figs. 7-8 show that resealable mechanism 64 is capable of releasably sealing the internal compartment of container 60 [also stated in Column 7 Lines 45-50].), the resealable closure (64) disposed adjacent to the top end (Fig. 7 shows that resealable closure 64 is disposed adjacent to the top end of container 60.) 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 system of Leeburg as modified by Satterfield, Lieber, Sokal, and Kato to include a resealable closure configured to releasably seal the internal compartment, the resealable closure disposed adjacent to the top end as taught by Verma with reasonable expectation of success to better prolong the useful life of the products stored in the container.
Regarding Claim 23, the system of Leeburg as modified by Satterfield, Lieber, Sokal, and Kato, as shown above, teaches the limitations of Claim 17.
However, the system of Leeburg as modified by Satterfield, Lieber, Sokal, and Kato fails to explicitly state that the portable pet food container further comprises a resealable closure configured to releasably seal the internal compartment, the resealable closure located within to the top end.
Verma teaches a container (60) comprising a resealable closure (64) configured to releasably seal an internal compartment (Figs. 7-8 show that resealable mechanism 64 is capable of releasably sealing the internal compartment of container 60 [also stated in Column 7 Lines 45-50].), the resealable closure (64) located within to the top end (Fig. 7 shows that resealable closure 64 is located within to the top end of container 60.) 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 system of Leeburg as modified by Satterfield, Lieber, Sokal, and Kato to include a resealable closure configured to releasably seal the internal compartment, the resealable closure located within to the top end as taught by Verma with reasonable expectation of success to better prolong the useful life of the products stored in the container.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 17 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
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/A.A.A./Examiner, Art Unit 3643
/DAVID J PARSLEY/Primary Examiner, Art Unit 3643