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 .
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-8, 10-15, 21 and 27 is/are rejected under 35 U.S.C.103 as being unpatentable over Reinhart et al. (US 2020/0102135) in view of Li (US 2018/0265263) and in further view of Russell et al. (US 2014/0265197).
In re claim 1: storage tote 2, comprising: a main body 4 having a bottom section 18, a first sidewall 10, a second sidewall 12, a front sidewall 16, and a rear sidewall 14, each of the sidewalls extending from the bottom section 18 defining an open end 22 of the main body 4, and a rim 20 extending from each of the sidewalls adjacent the open end 22 of the main body 4; a lid 6 having a base 56, a lip 58 disposed adjacent the base 56, and a plurality of latch receiving sections 68 formed in the lip 58, the lip 58 configured to selectively receive the rim 20 of the main body 4 to position the lid 6 over the open end 22 of the main body 4, the lid being of a first material ([0044]); a plurality of latches 72; and a seal 66 disposed on the lip 58 of the lid 6, the seal 66 configured to abut the rim 20 of the main body 4 to form a substantially fluid tight seal between the rim 20 and the lip 58 when the lip 58 receives the rim 20; the lid 6 comprising a plurality of support projections 78 projecting from an interior surface of the lip 58 of the lid 6 downward from the lip 58 to a location below the seal 66, such that when the lid 6 is stacked on an identical second lid 6, the plurality of support projections 78 abut the lip 58 of the identical second lid 6 to space the seal 66 above the lip 58 of the identical second lid 69 (see figures 1-2 and 5-6 of Reinhart et al.).
Reinhart et al. discloses the claimed invention as discussed above with the exception of the following claimed limitations that are taught by Li:
Li teaches the provision of a plurality of latches 16, each latch 16 rotatably connected to the main body 12 and selectively engageable with one of the latch receiving sections 18 of the lid 14, each latch 16 including a detent 128 configured to frictionally engage the one of the latch receiving sections 18 of the lid 14 (see figures 1-17 of Li).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to modify the plurality of latch assemblies of Reinhart et al. with the plurality of latch assemblies as taught by Li in order to securely lock the lid to the body and quickly unlock it (see figures 1-17 of Li).
Reinhart et al.in view of Li teaches the claimed invention as discussed above with the exception of the following claimed limitations that are taught by Russell et al:
a seal channel (groove not shown) disposed on an interior surface 36 of the lip of the lid and a seal being of a second material (rubber) that is different from a first material (plastic), the second material being an elastomeric material (rubber), the seal 40 disposed in the seal channel, the seal 40 configured to abut the rim of the main body all around the open end to create a watertight seal (see figure 4 and [0036] of Russell et al.).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to replace the seal system of Reinhart et al.in view of Li with a rubber replaceable seal as taught by Russell et al. in order to allow for replacement of the seal if damaged and create a watertight seal (see figure 4 and [0036] of Russell et al.).
Reinhart et al. further discloses:
In re claim 2: the main body 4 includes a handle 54 (see figure 2 of Reinhart et al.).
In re claim 3: the handle 54 formed in the rim 20 (see figure 2 of Reinhart et al.).
Li and in further view of Russell et al. teach:
In re claim 4: the main body 12 includes a plurality of latch connectors 174, each latch connector 174 including a latch receiving 170 component to facilitate rotatably connecting one of the latches 16 to the main body 12 (see figure 8 of Li).
In re claim 5: an opening 34 is formed in the rim of the main body 12 and an opening ridge 162 is formed on an upper surface of the rim 38 adjacent the opening 34 (see figure 8 of Li).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to modify Reinhart et al. in view of Li and in further view of Russell et al. for the same reason as discussed above in claim 1.
In re claim 6: the lid 6 includes a recessed area 56 in an exterior surface of the lid 6 (see figure 1 of Reinhart et al.).
In re claim 7: a protuberance 90 is formed on the lip of the lid 14, the protuberance 90 configured to be received by at least one of an opening 160 formed in the rim 38 of the main body 12 and an opening ridge 176 formed on an upper surface of the rim 38 adjacent the opening 160 (see figures 5 and 8 of Li).
In re claim 8: each of the latch receiving sections 18 of the lid includes a lock receiving section 84 configured to engage the detent 128 of one of the latches (see figure 17 of Li).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to modify Reinhart et al. in view of Li and in further view of Russell et al. for the same reason as discussed above in claim 1.
In re claim 10: the lid 6 includes a support flange (inner side of 62) formed on an interior surface of the lip 40 of the lid 6 adjacent a side section of the lid 6 configured to strengthen the lip 40 (see figure 6 of Reinhart et al.).
In re claim 11: the lid 6 includes an additional support component (inner side of 64) formed on an interior surface of the lip 40 of the lid 6 adjacent an outer peripheral edge of the lid 6 configured to strengthen the lip 40 (see figure 6 of Reinhart et al.).
In re claim 12: the main body includes a ridge formed on an upper surface of the rim of the main body, where the seal, the seal channel, and the ridge cooperate to facilitate forming the substantially fluid tight seal between the rim and the lip when the lip receives the rim.
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to switch the seal channel 67 and the rib 65 in order to seal the container and lid. The seal assembly having a rib and channel perform the same function whether the channel is located on the rim or lip and the rib or vice versa. It has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. It has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art. In re Einstein, 8 USPQ 167.
In re claim 13: each latch 16 includes a connecting means 140 rotatably coupled to a latch receiving component 180 disposed on a latch connector 170 formed on the main body 12 of the storage tote (see figure 8 of Li).
In re claim 14: each latch 16 includes a releasing ridge 120 formed on a top surface of the latch 16 configured to facilitate a user rotating the latch 16 (see figure 6 of Li).
In re claim 15: each latch 16 includes a latch support component 136 formed on an inner surface of the latch 16 configured to strengthen the latch (see figure 6 of Li).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to modify Reinhart et al. in view of Li and in further view of Russell et al. for the same reason as discussed above in claim 1.
In re claim 21: at least two of the sidewalls comprise a support panel (panels adjacent 76 to provide structural support (see figure 3 of Reinhart et al.).
In re claim 27: wherein the seal 40 is a continuous flexible seal.
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to modify Reinhart et al. in view of Li and in further view of Russell et al. for the same reason as discussed above in claim 1.
Claim(s) 23-24 and 26 is/are rejected under 35 U.S.C.103 as being unpatentable over Reinhart et al. (US 2020/0102135) in view of Russell et al. (US 2014/0265197).
In re claim 23: Reinhart et al. discloses a storage tote 2, comprising: a main body 4 having a bottom section 18, a first sidewall 10, a second sidewall 12, a front sidewall 16, and a rear sidewall 14, each of the sidewalls extending from the bottom section 18 defining an open end 22 of the main body 4, and a rim 20 extending from each of the sidewalls adjacent the open end 22 of the main body 4; a lid 6 having a base 56, a lip 58 disposed adjacent the base 56, and a plurality of latch receiving sections 68 formed in the lip 58, the lip 58 configured to selectively receive the rim 20 of the main body 4 to position the lid 6 over the open end 22 of the main body 4, the lid being of a first material ([0044]); and a seal 66 disposed on the lip 58 of the lid 6, the seal 66 configured to abut the rim 20 of the main body 4 to form a substantially fluid tight seal between the rim 20 and the lip 58 when the lip 58 receives the rim 20; the lid 6 comprising a plurality of support projections 78 projecting from an interior surface of the lip 58 of the lid 6 downward from the lip 58 to a location below the seal 66, such that when the lid 6 is stacked on an identical second lid 6, the plurality of support projections 78 abut the lip 58 of the identical second lid 6 to space the seal 66 above the lip 58 of the identical second lid 69 (see figures 1-2 and 5-6 of Reinhart et al.).
Reinhart et al. discloses the claimed invention as discussed above with the exception of the following claimed limitations that are taught by Russell et al:
a seal channel (groove not shown) disposed on an interior surface 36 of the lip of the lid and a seal being of a second material (rubber) that is different from a first material (plastic), the second material being an elastomeric material (rubber), the seal 40 disposed in the seal channel, the seal 40 configured to abut the rim of the main body all around the open end to create a watertight seal (see figure 4 and [0036] of Russell et al.).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to replace the seal system of Reinhart et al. with a rubber replaceable seal as taught by Russell et al. in order to allow for replacement of the seal if damaged and create a watertight seal (see figure 4 and [0036] of Russell et al.).
In re claim 24: at least two of the sidewalls comprise a support panel (panels adjacent 76 to provide structural support (see figure 3 of Reinhart et al.).
In re claim 26: the main body 4 includes a handle 54 formed in the rim 20 (see figure 2 of Reinhart et al.).
Claim(s) 25 is/are rejected under 35 U.S.C.103 as being unpatentable over Reinhart et al. (US 2020/0102135) in view of Russell et al. (US 2014/0265197). Reinhart et al. in view of Russell et al. teaches the claimed invention as discussed above with the exception of the following claimed limitation:
In re claim 25: the lid includes a seal channel formed on an interior surface of the lip of the lid, the main body includes a ridge formed on an upper surface of the rim of the main body, where the seal, the seal channel, and the ridge cooperate to facilitate forming the substantially fluid tight seal between the rim and the lip when the lip receives the rim.
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to switch the seal channel 67 and the rib 65 in order to seal the container and lid. The seal assembly having a rib and channel perform the same function whether the channel is located on the rim or lip and the rib or vice versa. It has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. It has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art. In re Einstein, 8 USPQ 167.
Claim(s) 28 is/are rejected under 35 U.S.C.103 as being unpatentable over Reinhart et al. (US 2020/0102135) in view of Li (US 2018/0265263) in view of Russell et al. (US 2014/0265197) and in further view of Edwards et al. (US 2016/0009487). Reinhart et al.in view of Li in view of Russell et al. teaches the claimed invention as discussed above with the exception of the following claimed limitations that are taught by Edwards et al.:
In re claim 28: wherein a seal 108 that can be cut to a suitable predetermined length with a scissor or a knife having opposing ends (the seal is disposed on a reel and cut to size), wherein the opposing end can abut one another when the seal is disposed in a seal channel (see [0045] of Edwards et al.).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to replace the seal of Reinhart et al.in view of Li Russell et al with a cut to size replaceable seal as taught by Edwards et al. in order to allow for replacement of the seal if damaged and allow for a user to just cut the required length of seal instead of a pre-welded seal (see [0045] of Edwards et al.). It should be noted that to provide a watertight seal as desired, the ends of the length of seal would obviously be in contact.
Response to Arguments
Applicant's arguments filed 04/08/2026 have been fully considered but they are not persuasive. In response to the Applicant’s argument stating that none of the applied references disclose, “support projections projecting downwardly a sufficient length below the seal such that if the lid is stacked on an identical second lid, the plurality of support projections would abut the lip of the identical second lid to space the seal above the lip of the identical second lid. The Examiner disagrees because this limitation is disclosed by Reinhart. Reinhart discloses that a plurality of pylons 78 (support projections) are included to stabilize the lid in a nested configuration ([0042]). As seen in Figures 5 and 6 below of Reinhart, it is disclosed that the structure of the lid include a central recessed area that includes an inwardly tapered perimeter sidewall and which positioned on the outside of the perimeter of the sidewall are a plurality of pylons which include a distal end surface which is on a plane that is parallel to the lip and the bottom of the recessed area surfaces. With this in mind, when stacking identical lids, as the tapered perimeter sidewall is placed into the recessed area, the distal ends of each pylon, which create a horizontal plane abut with the outside horizontal lip surface preventing the lids from sticking when stacked. There is a space between the horizontal plane of the distal end surfaces of the pylons and the bottom surface of the recessed area for this reason. The lid structure disclosed by Reinhart is capable of meeting the argued intended use when including an identical lid as claimed.
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Conclusion
THIS ACTION IS MADE FINAL. 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 ERNESTO A GRANO whose telephone number is (571)270-3927. The examiner can normally be reached M-F 7:00-3:30 EST.
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/ERNESTO A GRANO/ Primary Examiner, Art Unit 3735
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