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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/18/2025 has been entered.
Applicant cancelled claims 25 and 29.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 3-7, 10, 21-24, 26-28 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Logsdon (US 4925045 A).
Logsdon discloses:
26. A container assembly (Figs 1-4) comprising: (a) a first component (bottom 12 as in fig 1 and fig 2) comprising: (i) a first base (adjacent 16), (ii) a first plurality of side walls extending upwardly from the first base (adjacent 20, 22, 26, 28), and (iii) a first lip extending outwardly around a perimeter of the first plurality side walls (adjacent 32), wherein the first lip includes a pair of first engagement regions (elements adjacent one of 38 and the corresponding 40 capable of performing the above intended use); and (b) a second component (top 12 as in fig 2) comprising: (i) a second base (adjacent 16), (ii) a second plurality of side walls extending upwardly from the second base (adjacent 20, 22, 26, 28), and (iii) a second lip extending outwardly around a perimeter of the second plurality of side walls (adjacent 32), wherein the second lip includes a pair of second engagement regions configured to lockingly engage the pair of first engagement regions (elements adjacent one of 38 and the corresponding 40 capable of performing the above intended use), wherein the first and second components are convertible between at least a spaced configuration, a first locked configuration, and a second locked configuration, wherein the first and second components are completely separate from one another in the spaced configuration, wherein the first lip is lockably engaged with the second lip to define an assembly interior in the first and second locked configurations (capable of performing the above intended use, as for example a space configuration when device is separated and four configurations where the device is engaged; the Office notes an element can be rotated 90 degrees and therefore provide multiple locked configurations), wherein an orientation of at least one the first and second components is different in the first and second locked configurations, wherein the pair of first engagement regions is rotationally symmetric about a first axis, wherein the pair of first engagement features/regions is rotationally symmetric about a second axis, and wherein the second axis is perpendicular to the first axis configurations (as shown in the below figure with the four axes shown between both components).
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27. The container assembly of claim 26, wherein the pair of second engagement regions is rotationally symmetric about a third axis, wherein the pair of second engagement features/regions is rotationally symmetric about a fourth axis, and wherein the third axis is perpendicular to the fourth axis (as shown in the above figure with the four axes shown between both components)..
28. The container assembly of claim 27, wherein each of the pair of first engagement regions includes a first engagement feature and a second engagement feature different than the first engagement feature, wherein each of the pair of second engagement regions includes a third engagement feature and a fourth engagement feature different than the third engagement feature, wherein each of the first engagement features is configured to receive and positively engage each of the third engagement features, and wherein each of the fourth engagement features is configured to receive and positively engage each of the second engagement features (the above prior art discloses a series of the above features at the corners such as with 38, 40 capable of performing the above intended use).
1. A container assembly (figs 1-4) comprising: (a) a first component defining a first shell shape (bottom 12 as in fig 1 and fig 2, with shape in fig 1-2) comprising: (i) a first base at least partially defining a first interior (adjacent 16 with an inside), (ii) a first plurality of side walls extending upwardly from the first base (adjacent 20, 22, 26, 28), and (iii) a first lip extending outwardly around a perimeter of the first plurality side walls (adjacent 32); and (b) a second component defining a second shell shape (top 12 as in fig 2, with shape in fig 1-2) comprising: (i) a second base at least partially defining a second interior (adjacent 16 with an inside), (ii) a second plurality of side walls extending upwardly from the second base (adjacent 20, 22, 26, 28), and (iii) a second lip extending outwardly around a perimeter of the second plurality of side walls (adjacent 32), wherein the first and second components are convertible between at least a spaced configuration, a first locked configuration, and a second locked configuration, a first nested configuration, a second nested configuration, wherein the first and second components are completely separate from one another in the spaced configuration, wherein the first lip is lockably engaged with the second lip such that the first and second interiors define an interior in the first and second locked configurations, wherein an orientation of at least one the first and second components is different in the first and second locked configurations (capable of performing the above intended use, as for example a space configuration when elements are separate and four configurations where the device is engaged; the Office notes an element can be rotated 90 degrees, etc. and therefore provide multiple locked configurations as well as multiple nested configurations), wherein, in the first nested configuration, the first component is received within the second interior of the second component and the first lip is received proximate to the second lip for reducing storage space of the first and second components (capable of performing the above intended use, when one element is placed within another; as for example in col. 2: 5-15), wherein, in the second nested configuration, the second component is received within the first interior of the first component and the second lip is received proximate to the first lip for reducing storage space of the first and second components (capable of performing the above intended use, such as if elements rotated with respect to first configuration), and wherein the first shell shape and the second shell shape are complementary to each other such that the first and second components in each of the first and second nested configurations have a tight complementary fit therebetween (the elements are identical, as in abstract fig 2).
3. The container assembly of claim 1, wherein the first and second components are convertible between at least the spaced configuration, the first locked configuration, the second locked configuration, and a third locked configuration, wherein the first lip is lockably engaged with the second lip to define the interior in the first, second, and third locked configurations, wherein the orientation of at least one the first and second components is different in each of the first, second, and third locked configurations (capable of performing the above intended use, as for example a space configuration when elements are separate and four configurations where the device is engaged; the Office notes an element can be rotated 90 degrees, etc. and therefore provide multiple locked configurations as well as multiple nested configurations)
4. The container assembly of claim 1, wherein the first and second components is convertible between at least the spaced configuration, the first locked configuration, the second locked configuration, a third locked configuration, and a fourth locked configuration, wherein the first lip is lockably engaged with the second lip to define the interior in the first, second, third, and fourth locked configurations, wherein the orientation of at least one the first and second components is different in each of the first, second, third, and fourth locked configurations (capable of performing the above intended use, as for example a space configuration when elements are separate and four configurations where the device is engaged; the Office notes an element can be rotated 90 degrees, etc. and therefore provide multiple locked configurations as well as multiple nested configurations)
5. The container assembly of claim 1, wherein the first lip includes a first engagement feature, wherein the second lip includes a second engagement feature, wherein the first engagement feature is configured to positively engage with the second engagement feature to retain the first and second components in the first locked configuration (prior art elements adjacent one of 38 and the corresponding 40 capable of performing the above intended use, and also the features already provided by the secondary reference above).
6. The container assembly of claim 5, wherein the first lip includes a third engagement feature, wherein the second lip includes a fourth engagement feature, wherein one of the first or second components is configured to be rotated about 90 degrees or less about a plane defined by the first or second lips to align and positively engage the second and third engagement features as well as to align and positively engage the first and fourth engagement features (prior art elements adjacent one of 38 and the corresponding 40 capable of performing the above intended use, and also the features already provided by the secondary reference above, and not being the first and second feature).
7. The container assembly of claim 5, wherein the first engagement feature is a projection configured to positively engage the second engagement feature to retain the projection within the second engagement feature (figs 1-2).
10. The container assembly of claim 7, wherein the second engagement feature is a recessed surface of the second lip (the second engagement is recessed into a lip as shown in the prior art figs 1-2).
21. The container assembly of claim 1, wherein, in the first nested configuration, the first component is received within the second interior of the second component and the first lip is lockably engaged with the second lip for reducing storage space of the first and second components (capable of performing the above intended use, when nested).
22. The container assembly of claim 1, wherein the first lip includes a pair of first engagement regions, wherein the second lip includes a pair of second engagement regions, wherein each of the pair of first engagement regions includes a first engagement feature and a second engagement feature different than the first engagement feature, wherein each of the pair of second engagement regions includes a third engagement feature and a fourth engagement feature different than the third engagement feature, wherein each of the first engagement features is configured to receive and positively engage each of the third engagement features, and wherein each of the fourth engagement features is configured to receive and positively engage each of the second engagement features (as already provided above in claim 1 with the features as already provided in claim 6).
23. The container assembly of claim 22, wherein the pair of first engagement regions is rotationally symmetric about a first axis, wherein the pair of first engagement features/regions is rotationally symmetric about a second axis, and wherein the second axis is perpendicular to the first axis (as shown in the below figure with the four axes shown between both components).
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24. The container assembly of claim 23, wherein the pair of second engagement regions is rotationally symmetric about a third axis, wherein the pair of second engagement features/regions is rotationally symmetric about a fourth axis, and wherein the third axis is perpendicular to the fourth axis (as shown in the above figure with the four axes shown between both components).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 8, 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Logsdon as applied to claim 7 above, and further in view of Cardoso (US 20200055663 A1)
Re: claims 8, 9 Logsdon discloses the claimed invention above with the exception of the following which is disclosed by Cardoso: wherein the second engagement feature is an aperture that extends completely through the second lip, wherein the projection has a maximum projection diameter and the aperture has a minimum aperture diameter, wherein the maximum projection diameter is greater than the minimum aperture diameter and wherein the first engagement feature includes a projection and the third engagement feature includes an aperture extending completely through the second lip, wherein the projection is configured to extend through the aperture to lock with the aperture in the first locked configuration (the Office notes that Logsdon already discloses projection and Cardoso discloses engagements features 5a, 5b where one is an aperture having the above dimensions in order to properly attach). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Logsdon in view of Cardoso (by replacing one adjacent feature with an aperture) in order to assist in the registration of the device during attachment and stacking and nesting.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Logdson as applied to claim 10 above, and further in view of Applicant’s Admitted Prior Art (AAPA).
Applicant has not traversed Examiner’s assertion of Official Notice, the fact that is it well known to provide that wherein the recessed surface includes inwardly extending barbs configured to releasably retain the projection, wherein the projection includes an annular notch configured to couple with the inwardly extending barbs of the recessed surface is taken to be admitted prior art. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made in view of Applicant's admitted prior art to provide that wherein the recessed surface includes inwardly extending barbs configured to releasably retain the projection, , wherein the projection includes an annular notch configured to couple with the inwardly extending barbs of the recessed surface in order to provide more secure attachment in order to prevent damage to the intended contents.
Response to Arguments
Applicant's arguments with respect to the claims have been considered, but are moot because in view of the amendment the search has been updated, new prior art has been identified and a new rejection has been made.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW D PERREAULT whose telephone number is (571)270-5427. The examiner can normally be reached Monday - Friday 7:00am-5:30pm. 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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/ANDREW D PERREAULT/Primary Examiner, Art Unit 3735