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, 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 05/21/2026 has been entered.
Response to Amendment
The amendment filed on 05/21/2026 (hereinafter “amendment”) has been accepted and entered. Claims 61-80 are pending.
Specification
The amendment filed 10/28/2025 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows: “As shown in FIGS. 1, 3 and 4, panels 34, 36, 38, 40 each define a planar surface that extends continuously from top 22 to bottom 24; the planar surfaces of panels 38, 40 each extend into the planar surfaces of panels 36, 38. As also shown in FIGS. 1, 3 and 4, recess 42 of corner 26 and recess 42 of corner 28 each extend into the planar surface of panel 38; and recess 42 of corner 30 and recess 42 of corner 32 each extend into the planar surface of panel 40.” None of the panels are planar from top to bottom, each panel is rounded where it meets the top and bottom. Panels 38 and 40 are shown as being the center of each side and do not extend to the top and bottom but are recessed between a portion above 38/40 and a portion below 38/40 and thusly are not planar surfaces extending continuously from top to bottom. Panels 38 and 40 do not extent into 36 and 38 but into the corner portions between each side panel. The recesses 42 are shown as being in the corner portions and not into the side panels. Further it is unclear what “into” is referring to, laterally or towards the center of the container.
Applicant is required to cancel the new matter in the reply to this Office Action.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, recessed planar surface defining spaced apart recesses must be shown. Currently spaced apart recesses are defined by the rounded corners of the container.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112(a)
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 61-80 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 61, 78 and 79 recite “the planar surfaces of the third and fourth sides each extending into being recessed inwardly relative to the planar surfaces of the first and second sides, the planar surface of the third side defining spaced apart first and second recesses, the planar surface of the fourth side defining spaced apart third and fourth recesses” this is not shown in the figures and is not described as such in the specification. The recesses are shown as being in the corners between sides where any of the surfaces recessed inwardly or not are not planar. Further the specification recites in paragraph [0029] “Each corner 26, 28, 30, 32 includes a surface 41 that defines a recess 42”, therefore each corner defines the recess and not a planar surface. As such this is considered new matter.
Claims not specifically mentioned are included due to their dependencies.
Claim Rejections - 35 USC § 112(b)
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 61-80 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 60, 78 and 79 recite “the planar surfaces of the third and fourth sides each extending into being recessed inwardly relative to the planar surfaces of the first and second sides, the planar surface of the third side defining spaced apart first and second recesses, the planar surface of the fourth side defining spaced apart third and fourth recesses”, this is unclear. Are these additional recesses not shown in the figures? Does the applicant mean that there is also a portion of the first and second side that is offset the same amount as the recessed portions of the third and fourth side that continues around the rounded corner and that the recesses are defined in each corner by the inwardly disposed surface? It is unclear if this is directed to the disclosed species and if these are additional recessed to the ones defined by the corner.
Claims 60, 78 and 79 recite “to define a concave configuration”, this is unclear. What is the frame of reference for concave?
Claim 73 recites “wherein the body comprises four spaced apart axial corners, each of the recesses extending into one of the corners”, this is unclear. Extend into how? Laterally from the side of the planar surface? Further towards the center of the container? How is the recess defined by the planar surface but also extend into the corner, which would no longer be a planar surface? . Claim 61 recites the recesses are in a planar side, are these additional recesses? Or should claim 61 instead recite the recesses are in a respective corner and not in a planar side?
Claim 77 recites “wherein the portions are free of any ribs”, this is unclear. Claim 61 recites “the first portions each including spaced apart first and second ribs”. Are they ribs removed? Is this a different embodiment?
Due to the lack of clarity of the claims and lack of support in the specification as originally filed it is unclear what the metes and bounds of the claims are and if they are directed to the disclosed embodiment.
Those claims not specifically mentioned are included due to their dependencies.
Response to Arguments
Applicant’s remarks from 05/21/2026 do not contain arguments but statements amendments have been made to overcome objections and rejections.
Conclusion
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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
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