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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 11/17/2025 has been entered.
In the Amended Claims of November 17, 2025, Claims 2, 6, 8-12 and 14-16 are pending. Claims 2 and 8 are amended. Claims 15 and 16 are new.
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, the four rectangular side walls coupled to two adjacent side walls as recited in Claim 2 must be shown or the feature(s) canceled from the claim.
Claim 2 also recites a plurality of protrusions extending inwardly with complementary recesses. In Paragraph 0100 of Published Application US 2023/0356914, such projections are described, but are not shown with regard to sidewall protrusions (181) as seen in Figure 1G or projections 311 seen in Fig. 3A.
Claim 2 also recites a lid having a recess formed in a top surface thereof. This is not shown in the drawings.
Similarly, the rectilinear prisms with rounded edges as recited in Claim 16 must be shown or the features canceled from the claims
No new matter should be entered.
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
Claims 1 and 16 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.
The Amended claims recite a number of features which appear impossible as discussed below in the enablement considerations. Additionally, rectilinear prisms with rounded edges are not shown in the original drawings or discussed in the written description. Therefore, such limitations appear to be new matter.
Claims 2, 6, 8-12, and 14-16 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 enablement requirement. The claims contain subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Claim 2 is reprinted below with line numbers.
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In lines 5-7, the claim recites FOUR sidewalls coupled to the floor along first common edges AND coupled to two adjacent side walls along second common edges.
This is not enabled or understood.
It is not shown, described, or discussed how such a tub shape (Line 3) may have four sidewalls, each of which are joined to TWO adjacent side walls along common edges. Where such sidewalls are connected to the FOUR rectangular sidewalls is not understood, nor is it explained how such a shape is achieved.
Therefore, the claim is not enabled. It is not understood how such a tub-like shape with four sidewalls and a floor may also have additional sidewalls at second common edges.
Claim 2 Line 14 recites that such protrusions have complementary recesses. How such complementary recesses are formed is not shown in the drawings, nor is it clear where these protrusions and recesses are located in relation to the four rectangular side walls and two adjacent side walls along second common edges.
Similarly, it is not understood how the (four?) sidewalls recited to have protrusions as recited in Claim 2 Line 11 may further be “substantially planar” as recited in Claim 12. A planar shape (i.e. shaped as a plane) cannot have protrusions.
Claim 16 recites “the protrusions form rectilinear prisms with rounded edges.” This is not enabled or understood.
The term ‘rectilinear’ means “related to a straight line” or “characterized by straight lines’. It is therefore a contradiction in terms to define a rectilinear shape as having ROUNDED edges. A rectilinear prim is a cuboid shape with six rectangular faces joined at RIGHT ANGLES. Therefore, how such an angled shape may have rounded edges is not enabled. Furthermore, such a shape is not shown in the drawings or described in the Specification.
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 2, 6, 8-12, and 14-16 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.
As discussed above, Claim 2 identifies a tub-shape with a flour, four sidewalls, and each of the four sidewalls are coupled to two ADDITIONAL adjacent sidewalls along second common edges. This was not enabled or understood, as no such structure was shown or identified. Therefore, the claim is also indefinite
For the purposes of examination, it will be assumed that the claims define a tub-like shape with a floor and four sidewalls defining an upper opening.
Claim 12 recites the sidewalls as being substantially planar. How such sidewalls may be substantially planar with protrusions is not enabled. Therefore, it will be assumed that the sidewalls are generally planar in areas without protrusions.
Claim 16 recites the protrusions form rounded rectilinear prisms. This is not enabled and indefinite. For the purposes of examination, it will be assumed that the protrusions form generally cubic shapes.
All dependent claims are rejected as dependent on a rejected base claim.
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.
Claims 2, 6, 8-12, and 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Chung (US 9856608) in view of Jackson (US 5215208).
Regarding Claim 2, Chung discloses a solid compostable or recyclable body that is primarily dried, hardened, molded and compressed paper pulp in the shape of a tub, wherein the body includes a floor and four rectangular side walls that are continuously and seamlessly coupled to the floor along first common edges as shown in Figure 3. The floor and common edges define an interior space and an opening to receive an item. The side walls include a plurality of protrusions (306) to provide increased structural support for the body and have a uniform sidewall thickness. The final product thickness is between .3mm to 1.5 mm and is preferably between .5mm and .8mm which is within the .01-.75 inches (.254-19mm) claimed (Col. 5 Lines 34-35). Chung also discloses that any desired thickness may be achieved (Col. 4 Line 60-Col. 5 Line 3).
The interior surfaces and exterior surfaces of the protrusions are flat, as well as a remainder of each of the sidewalls.
While Chung discloses beverage container lids (1300) made of molded pulp paper material, Chung does not disclose a lid that fits inside an upper rim of the side walls.
Jackson discloses a similar tub-shaped container (12) with a cover member (14) having a downwardly projecting portion (42) that fits inside an upper rim of the sidewalls of the container tub and the lid further has a recess (44) formed in a top surface thereof. Chung and Jackson are analogous inventions in the art of molded insulative containers.
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify the molded, paper pulp tub of Chung with the lid of Jackson in order to seal the interior chamber region by a friction fit (Col. 1 Lines 62-65).
Regarding Claim 6, Chung discloses the interior space width may be of any desired value and preferably about 60-200mm (2-7.8 inches) (Col. 6 Lines 33-36).
Regarding Claims 8-9, Chung discloses a moisture barrier material mixed with the fiber paper pulp to increase resistance of the body to water or that the floors and/or sidewalls is covered by a moisture barrier layer (Col. 9 Lines 10-27).
Regarding Claims 10-11, the pulp material of Chung is both recyclable and compostable.
Regarding Claim 12, Chung discloses the sidewalls are generally planar in the areas without protrusions.
Regarding Claim 14, Jackson discloses the lid comprises a pair of recesses (44) formed at opposite edges of the lid.
Regarding Claim 15, Chung discloses the floor and side walls of the body have a thickness between 0.02 and 0.3 inches.
Regarding Claim 16, Chung discloses the protrusions are generally cubic.
Response to Arguments
Applicant’s arguments with respect to claim 2 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GIDEON R. WEINERTH whose telephone number is (571)270-5121. The examiner can normally be reached Monday-Friday 10AM-6PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando Aviles can be reached at (571) 270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GIDEON R WEINERTH/Examiner, Art Unit 3736