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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114 was filed in this application after a decision by the Patent Trial and Appeal Board, but before the filing of a Notice of Appeal to the Court of Appeals for the Federal Circuit or the commencement of a civil action. 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examination under 37 CFR 1.114 and the fee set forth in 37 CFR 1.17(e) has been timely paid, the appeal has been withdrawn pursuant to 37 CFR 1.114 and prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant’s submission filed on 02/03/2026 has been entered.
Response to Amendment
The amendment filed on 02/03/2026 (hereinafter “amendment”) has been accepted and entered. Claims 1-15 are pending.
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) 1-15 are rejected under 35 U.S.C. 103 as being unpatentable over Donnelly US 2013/0248402 A1, in view of Hill US 2014/0272743 A1 and Latham US 2006/0011686 A1, herein after referred to as Donnelly, Hill and Latham respectively.
Regarding claim 1 Donnelly discloses an improved sanitary storage enclosure for covering cake or other food items (Figs. 1-14), comprising:
a cover (16 rectangular cover, Fig. 2) defining: an upper surface (18a upwardly extending peripheral ridge) and a side surface (vertical sides of 16) unitary with and disposed transverse to the upper surface (Fig. 2), wherein the upper surface and the side surface together define an interior space within the cover for storing cake or other food items (Fig. 2), and wherein the cover is mountable upon a support surface (20 base),
wherein the upper and side surfaces of the cover are devoid of openings (Fig. 2), and
wherein the side surface (vertical sides of 16) has a lower edge configured for contacting the support surface (bottom of sides will sit on 20),
Donnelly is silent to wherein the improvement comprises: a hook-and-loop fastener, wherein the fastener includes a hooked portion and an associated looped portion, wherein one of the hooked portion and the associated looped portion is secured to an inner surface portion of either the upper surface or the side surface of the cover; and
at least one support member having a spaced-apart pair of opposite end portions, wherein one of the end portions of the at least one support member is secured to the other one of hooked portion and the associated looped portion of the fastener, whereby engaged contact of the hooked portion with the associated looped portion removably secures said one of the end portions of the at least one support member to said inner surface portion of either the upper surface or the side surface of the cover, and
wherein the support member has a predetermined length sized to cause a portion of the lower edge of the side surface to be spaced above the support surface when the support member is oriented transverse to the support surface and the other end portion of the support member contacts the support surface, for enabling a person to access the cake or other food items covered by the sanitary enclosure.
Hill teaches a cake shield with two support members (23 telescopic legs) with spaced-apart pair of opposite end portions (each of the support member) and is secured to the surface of the shield and the support member (23) has a predetermined length to cause a portion of the lower edge of the shield to be spaced above the support surface (Fig. 3, the user can adjust the support members to desired height) when the support member is oriented transverse to the support surface and the other end portion of the support member contacts the support surface, for enabling a person to access the cake or other food items covered by the sanitary enclosure.
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 sanitary storage container of Donnelly to include that support members as taught by Hill as doing so is well known in the art and would yield predicable results. Additionally, the support members on Hill will allow the user to modify the height of the candles to make it easier for a user to blow out and the support members can help to hold the storage container in place in relationship with the cake so the side of the container would be prevented from coming in contact with the side of the cake during transit.
Latham teaches a container that is convertible from a storage position (Fig. 10) to an in-use position (Fig. 9) and configured to be modified with the use of hook and loop fasteners. The hook and loop fasteners (26 and 40) are attached to the inner surface portion of the side walls of the container (Figs. 1-10) and to the support member (50 adjustable divider) whereby the support member (50) is removably secured.
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 connection of the support members as taught by Hill with the hook and loop fastener as taught by Latham as doing so is well known in the art and would yield predictable results. The use of hook and loop fasteners to secure the support members to the inner surface portion of either the inner portion of the sidewall or inner surface portion of the upper surface of Donnelly as it will allow the user to easily remove the support members from the cover after use for easy clean up while not having to clean the entire cover.
Regarding claim 2 Donnelly as modified discloses the improved sanitary storage enclosure of claim 1 and further discloses wherein the side surface consists of: a spaced-apart pair of sidewalls and a spaced-apart pair of front and back walls unitary with the sidewalls (four vertical sidewalls, Fig. 2).
Regarding claim 3 Donnelly as modified discloses the improved sanitary storage enclosure of claim 2 and further discloses wherein the upper surface (18a) is rectangular (Fig. 2).
Regarding claim 4 Donnelly as modified discloses the improved sanitary storage enclosure of claim 1 and further discloses at least one candle holder (9 grid holes) removably secured to an exterior portion of the cover upper surface (17 candle deck can be removed as shown in Fig. 2),
Donnelly is silent to wherein the at least one candle holder comprises an elastomeric material defining an aperture, wherein the elastomeric material is predeterminedly deformable for enabling an end portion of a candle to be inserted into the aperture, yet predeterminedly rigid for enabling the candle, after insertion of the end portion into the aperture, to extend from the holder substantially perpendicular to the exterior portion of the cover upper surface.
Hill teaches a candle holder (22 candle insertion holes, Fig. 5A) comprising an elastomeric material (28 rubber like flexible material) defining an aperture that allows the candle to be inserted into the aperture and holding the candle in an upright position (paragraph [0039], lines 3-8).
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 candle holder of Donnelly to include the elastomeric material as doing so is well known in the art and would yield predicable results. Additionally, the elastomeric material allows easy insertion and removal of various size candles.
Regarding claim 5 Donnelly as modified discloses the improved sanitary storage enclosure of claim 1 and further discloses a plurality of candle holders (9 grid holes) wherein each one of the plurality of holders (9) is removably secured to an exterior portion of the cover upper surface (17 candle deck can be removed as shown in Fig. 2),
Donnelly is silent to wherein each one of the plurality of candle holders comprises an elastomeric material defining an aperture: wherein the elastomeric material of each of the plurality of holders is predeterminedly deformable for enabling an end portion of a candle to be inserted into the aperture, yet predeterminedly rigid for enabling the candle, after insertion of the end portion into the aperture, to extend from the holder substantially perpendicular to the exterior portion of the cover upper surface.
Hill teaches a candle holder (22 candle insertion holes, Fig. 5A) comprising an elastomeric material (28 rubber like flexible material) defining an aperture that allows the candle to be inserted into the aperture and holding the candle in an upright position (paragraph [0039], lines 3-8).
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 each of the plurality of candle holders of Donnelly to include the elastomeric material as doing so is well known in the art and would yield predicable results. Additionally, the elastomeric material allows easy insertion and removal of various size candles for each of the plurality of candle holders.
Regarding claim 6 Donnelly discloses an improved sanitary storage enclosure for covering cake or other food items (Figs. 1-14), comprising:
a cover (16 rectangular cover, Fig. 2) defining: an upper surface (18a upwardly extending peripheral ridge) and a side surface (vertical sides of 16) unitary with and disposed transverse to the upper surface (Fig. 2), wherein the upper surface and the side surface together define an interior space within the cover for storing cake or other food items (Fig. 2), and wherein the cover is mountable upon a support surface (20 base),
wherein the upper and side surfaces of the cover are devoid of openings (Fig. 2), and
wherein the side surface (vertical sides of 16) has a lower edge configured for contacting the support surface (bottom of sides will sit on 20),
Donnelly is silent to wherein the improvement comprises: two hook-and-loop fastener, wherein each fastener includes a hooked portion and an associated looped portion, wherein one of the hooked portion and the associated looped portion is secured to an inner surface portion of either the upper surface or the side surface of the cover; and
two support members having a spaced-apart pair of opposite end portions, wherein one of the end portions of each support member is secured to the other one of the hooked portion and the associated looped portion of each fastener, whereby engaged contact of each hooked portion with the associated looped portion removably secures said one of the opposite end portions of each support member to said inner surface portion of either the upper surface or the side surface of the cover, and
wherein the support member has a predetermined length sized to cause a portion of the lower edge of the side surface to be spaced above the support surface when at least one of the two support member is oriented transverse to the support surface and the other end portion of the said at least one of the two support member contacts the support surface, for enabling a person to access the cake or other food items covered by the sanitary enclosure.
Hill teaches a cake shield with two support members (23 telescopic legs) with spaced-apart pair of opposite end portions (each of the support member) and is secured to the inner surface of the shield and the support member (23) has a predetermined length sized to cause a portion of the lower edge of the shield to be spaced above the support surface (Fig. 3, the user can adjust the support members to desired height as the length of the member allows) when the support member is oriented transverse to the support surface and the other end portion of the support member contacts the support surface, for enabling a person to access the cake or other food items in the sanitary enclosure.
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 sanitary storage container of Donnelly to include the two support members as taught by Hill as doing so is well known in the art and would yield predicable results. Additionally, the support members on Hill will allow the user to modify the height of the candles to make it easier for a user to blow out and the support members can help to hold the storage container in place in relationship with the cake so the side of the container would be prevented from coming in contact with the side of the cake during transit.
Latham teaches a container that is convertible from a storage position (Fig. 10) to an in-use position (Fig. 9) and configured to be modified with the use of hook and loop fasteners. The hook and loop fasteners (26 and 40) are attached to the side walls of the container (Figs. 1-10) and to the support member (50 adjustable divider) whereby the support member (50) is removably secured.
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 connection of the support members as taught by Hill with the hook and loop fastener to the container as taught by Latham as doing so is well known in the art and would yield predictable results. The use of hook and loop fasteners to secure the support members to the insider surface of the sidewalls or upper surface of Donnelly will allow the user to easily remove the support members from the cover after use for easy clean up while not having to clean the entire cover.
Regarding claim 7 Donnelly as modified discloses the improved sanitary storage enclosure of claim 6 and further discloses wherein the side surface consists of: a spaced-apart pair of sidewalls and a spaced-apart pair of front and back walls unitary with the sidewalls (four vertical sidewalls, Fig. 2).
Regarding claim 8 Donnelly as modified discloses the improved sanitary storage enclosure of claim 7 and further discloses wherein the upper surface (18a) is rectangular (Fig. 2).
Regarding claim 9 Donnelly as modified discloses the improved sanitary storage enclosure of claim 6 and further discloses at least one candle holder (9 grid holes) removably secured to an exterior portion of the cover upper surface (17 candle deck can be removed as shown in Fig. 2),
Donnelly is silent to wherein the at least one candle holder comprises an elastomeric material defining an aperture: wherein the elastomeric material is predeterminedly deformable for enabling an end portion of a candle to be inserted into the aperture, yet predeterminedly rigid for enabling the candle, after insertion of the end portion into the aperture, to extend from the holder substantially perpendicular to the exterior portion of the cover upper surface.
Hill teaches a candle holder (22 candle insertion holes, Fig. 5A) comprising an elastomeric material (28 rubber like flexible material) defining an aperture that allows the candle to be inserted into the aperture and holding the candle in an upright position (paragraph [0039], lines 3-8).
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 candle holder of Donnelly to include the elastomeric material as doing so is well known in the art and would yield predicable results. Additionally, the elastomeric material allows easy insertion and removal of various size candles.
Regarding claim 10 Donnelly as modified discloses the improved sanitary storage enclosure of claim 6 and further discloses a plurality of candle holders (9 grid holes) wherein each one of the plurality of holders (9) is removably secured to an exterior portion of the cover upper surface (17 candle deck can be removed as shown in Fig. 2),
Donnelly is silent to wherein each one of the plurality of candle holders comprises an elastomeric material defining an aperture: wherein the elastomeric material is predeterminedly deformable for enabling an end portion of a candle to be inserted into the aperture, yet predeterminedly rigid for enabling the candle, after insertion of the end portion into the aperture, to extend from the holder substantially perpendicular to the exterior portion of the cover upper surface.
Hill teaches a candle holder (22 candle insertion holes, Fig. 5A) comprising an elastomeric material (28 rubber like flexible material) defining an aperture that allows the candle to be inserted into the aperture and holding the candle in an upright position (paragraph [0039], lines 3-8).
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 plurality of candle holder apertures of Donnelly to include the elastomeric material as doing so is well known in the art and would yield predicable results. Additionally, the elastomeric material allows easy insertion and removal of various size candles.
Regarding claim 11 Donnelly discloses an improved sanitary storage enclosure for covering cake or other food items (Figs. 1-14), comprising:
a cover (16 rectangular cover, Fig. 2) defining: an upper surface (18a upwardly extending peripheral ridge) and a side surface (vertical sides of 16) unitary with and disposed transverse to the upper surface (Fig. 2), wherein the upper surface and the side surface together define an interior space within the cover for storing cake or other food items (Fig. 2),
wherein the upper and side surfaces of the cover are devoid of openings (Fig. 2), and
wherein the side surface (vertical sides of 16) defines a lower edge portion), and
a tray (38a pedestal plate, Fig. 6) disposed upon a support surface (38base), wherein the tray defines a peripheral edge portion to which the lower edge portion of the side surface of the cover is removably securable (secured via locks 39, Fig. 4, shown also in Figs. 5-6 and 8).
Donnelly is silent to wherein the improvement comprises: two hook-and-loop fasteners, wherein each fastener includes a hooked portion and an associated looped portion, wherein one of the hooked portion and the associated looped portion is secured to an inner surface of either the upper surface or the side surface of the cover; and
two support members each having a spaced-apart pair of opposite end portions, wherein one of the end portions of each support member is secured to the other one of the hooked portion and the associated looped portion of each fastener, whereby engaged contact of each hooked portion with the associated looped portion removably secures said one of the opposite end portions of each support member to said inner surface portion of either the upper surface or the side surface of the cover, and
wherein each support member has a length sufficient to cause a fraction of the lower edge portion of the side surface of the cover to be spaced above the tray when at least one of the two support member is oriented transverse to either the tray or the support surface and the other end portion of the said at least one of the two support member contacts the either the tray or the support surface, for enabling a person to access the cake or other food items covered by the sanitary enclosure.
Hill teaches a cake shield with two support members (23 telescopic legs) with spaced-apart pair of opposite end portions (each of the support member) and is secured to the inner surface of the shield and the support member (23) has sufficient length to cause a portion of the lower edge of the shield to be spaced above the tray (Fig. 3, the user can adjust the support members to desired height) when the support member is oriented transverse to the tray or support surface and the other end portion of the support member contacts the support surface, for enabling a person to access the cake or other food items in the sanitary enclosure.
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 sanitary storage container of Donnelly to include that support members as taught by Hill as doing so is well known in the art and would yield predicable results. Additionally, the support members on Hill will allow the user to modify the height of the candles to make it easier for a user to blow out and the support members can help to hold the storage container in place in relationship with the cake so the side of the container would be prevented from coming in contact with the side of the cake during transit.
Latham teaches a container that is convertible from a storage position (Fig. 10) to an in-use position (Fig. 9) and configured to be modified with the use of hook and loop fasteners. The hook and loop fasteners (26 and 40) are attached to the inner surface portion of the side walls of the container (Figs. 1-10) and to the support member (50 adjustable divider) whereby the support member (50) is removably secured.
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 connection of the support members as taught by Hill with the hook and loop fastener to the container as taught by Latham as doing so is well known in the art and would yield predictable results. The use of hook and loop fasteners to secure the support members to inside surface portion of the sidewall or upper portion of the cover of Donnelly will allow the user to easily remove the support members from the cover after use for easy clean up while not having to clean the entire cover.
Regarding claim 12 Donnelly as modified discloses the improved sanitary storage enclosure of claim 11 and further discloses wherein the side surface consists of: a spaced-apart pair of sidewalls and a spaced-apart pair of front and back walls unitary with the sidewalls (four vertical sidewalls, Fig. 2).
Regarding claim 13 Donnelly as modified discloses the improved sanitary storage enclosure of claim 12 and further discloses wherein the upper surface (18a) is rectangular (Fig. 2).
Regarding claim 14 Donnelly as modified discloses the improved sanitary storage enclosure of claim 11 and further discloses at least one candle holder (9 grid holes) removably secured to an exterior portion of the cover upper surface (17 candle deck can be removed as shown in Fig. 2),
Donnelly is silent to wherein the at least one candle holder comprises an elastomeric material defining an aperture: wherein the elastomeric material is predeterminedly deformable for enabling an end portion of a candle to be inserted into the aperture, yet predeterminedly rigid for enabling the candle, after insertion of the end portion into the aperture, to extend from the holder substantially perpendicular to the exterior portion of the cover upper surface.
Hill teaches a candle holder (22 candle insertion holes, Fig. 5A) comprising an elastomeric material (28 rubber like flexible material) defining an aperture that allows the candle to be inserted into the aperture and holding the candle in an upright position (paragraph [0039], lines 3-8).
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 candle holder of Donnelly to include the elastomeric material as doing so is well known in the art and would yield predicable results. Additionally, the elastomeric material allows easy insertion and removal of various size candles.
Regarding claim 15 Donnelly as modified discloses the improved sanitary storage enclosure of claim 11 and further discloses a plurality of candle holders (9 grid holes) wherein each one of the plurality of holders (9) is removably secured to an exterior portion of the cover upper surface (17 candle deck can be removed as shown in Fig. 2),
Donnelly is silent to wherein each one of the plurality of candle holders comprises an elastomeric material defining an aperture, wherein the elastomeric material of each of the plurality of holders is predeterminedly deformable for enabling an end portion of a candle to be inserted into the aperture, yet predeterminedly rigid for enabling the candle, after insertion of the end portion into the aperture, to extend from the holder substantially perpendicular to the exterior portion of the cover upper surface.
Hill teaches a candle holder (22 candle insertion holes, Fig. 5A) comprising an elastomeric material (28 rubber like flexible material) defining an aperture that allows the candle to be inserted into the aperture and holding the candle in an upright position (paragraph [0039], lines 3-8).
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 each of the plurality of candle holder apertures of Donnelly to include the elastomeric material as doing so is well known in the art and would yield predicable results. Additionally, the elastomeric material allows easy insertion and removal of various size candles.
Response to Arguments
Applicant's arguments filed 02/03/2026 have been fully considered but they are not persuasive.
Applicant argues that Latham does not disclose or suggest a support member (50) having a hook-and-loop fasteners (29) fixed to side surfaces which are unitary with cover (28). Thus, the cover (28), itself…has no hook-and-loop fastener”, examiner disagrees. As clearly shown in at least Figs. 3-6 the support member 50 has hook and loop fasteners 40 on either end which are engageable with the hook and loop fasteners fixed to the inside portion of the side walls. Additionally, the side walls of Latham are unitary with the upper most cover portion as clearly shown in Fig. 10 as the container is all one piece. Further Latham is used to teach that hook and loop fasteners is a commonly used and well-known connection type used for support members to modify the connection type (hinged) as disclosed by Hill. Which disclosed support members that are attached to the inside surface of the cover. The cover member with an upper portion and unitary side walls is disclosed by Donnelly. As such the claimed limitations are disclosed by the combination of references and not merely Latham alone.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Arguments to claims 2-15 are based on arguments to claim 1 and are addressed above.
Conclusion
All claims are identical to or patentably indistinct from, or have unity of invention with claims in the application prior to the entry of the submission under 37 CFR 1.114 (that is, restriction (including a lack of unity of invention) would not be proper) and all claims could have been finally rejected on the grounds and art of record in the next Office action if they had been entered in the application prior to entry under 37 CFR 1.114. Accordingly, THIS ACTION IS MADE FINAL even though it is a first action after the filing of a request for continued examination and the submission under 37 CFR 1.114. See MPEP § 706.07(b). 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 Lauren Kmet whose telephone number is (313)446-4834. The examiner can normally be reached M-F 9am-6pm.
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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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/L KMET/ Examiner, Art Unit 3735
/Anthony D Stashick/ Supervisory Patent Examiner, Art Unit 3735