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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 7/14/2025 has been entered.
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 “convex lid” in claim 17 must be shown or the feature(s) canceled from the claim(s). 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 § 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 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2019/0373994 to Zemel. et al. (Zemel) in view of US Patent No. 8,061,548 to Peggs and US Patent No. 11,738,935 to Koenig et al. (Koenig), US 2014/0262920 to Andrews et al. (Andrews), US 2014/0061193 to Sudakoff and US Patent 6,315,151 to Hupp et al. (Hupp).
Regarding claim 1, Zemel discloses a food storage device (Fig 3) capable of providing users with containers capable of keeping food stored and organized, the device comprising a base component (200), a sidewall portion (300), a rim (110), a plurality of lockable inserts (40) that are thin dividers, wherein the plurality of lockable inserts (40) provide rigidity to the base component (200) and side wall portion (300) and divide food stored therein since it as the structure as recited, further wherein the food storage device is configured to collapse from raised portion (Fig 1), in which food storage device is capable of retaining food, to a collapsed position (Fig 2) in which the device is collapsed for storage and can be nested with other devices since it has the structure as recited. Zemel does not teach the inserts made of plastic. However, Peggs discloses container (Fig 1) with thin plastic dividers (10). One of ordinary skill in the art would have found it obvious to change the material of the Zemel dividers to be plastic as suggested by Peggs in order to facilitate support of the container and division of compartments since it has been held that selection of a known plastic to make a container of a type made of plastics prior to the invention was held to be obvious. In re Leshin, 277 F.2d 197, 125 USPQ 416 (CCPA 1960). The modified Zemel does not teach a flexible lid. However, Koenig discloses a food storage device (Fig 1) and in particular discloses a flexible lid (4) comprising a vent (40) comprising a vent plug (52), the flexible lid (4) forming an air-tight seal with a rim (17) (col. 4, ll. 55-60). One of ordinary skill in the art would have found it obvious to incorporate a lid to the modified Zemel as suggested by Koenig to close the container and protect the contents of the container. The modified Zemel does not teach base component to be a BPA free polymer. However, Andrews discloses a food storage container (10) and in particular discloses the material of the container to be BPA free polymer (€0046). One of ordinary skill in the art would have found it obvious to make the material of Zemel container out of BPA free polymer as suggested by Andrews in order to have a food safe container. The modified Zemel does not teach the polymer to have a clarifying agent. However, Sudakoff discloses a collapsible food container (Fig 1) and in particular discloses the material of a polymer having a clarifying agent since the container is transparent (€0072). One of ordinary skill in the art would have found it obvious to incorporate a clarifying agent to the Zemel polymer as suggested by Sudakoff in order to have a transparent container to allow objects to be visible within the container (Sudakoff, €0072). The modified Zemel does not teach rim comprising a polymer comprising a colorant. However, Sudakoff further discloses rim (16) comprising polymer comprising a colorant (Sudakoff, €0072). One of ordinary skill in the art would have found obvious to incorporate a colorant to the Zemel rim as suggested by Sudakoff in order to more easily identify and remember the contents of the container. The modified Zemel does not teach the material of the container to comprise a lubricant additive. However, Hupp discloses a collapsible container and in particular discloses incorporating lubricant additives, clarifying agents, colorants to the polymeric container (col. 6, ll. 3-40). One of ordinary skill in the art would have found it further obvious to incorporate lubricant additives and additional additives such as clarifying agents or colorants to the polymer material of the modified Zemel in order to enhance the container appeal.
Claim(s) 1-9, 12, 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent No. 11,738,935 to Koenig et al. (Koenig) in view of Peggs, Andrews, Sudakoff and Hupp.
Regarding claim 1, Koenig discloses a food storage device (Fig 1) capable of providing users with containers capable of keeping food stored and organized, the device comprising a base component, a sidewall portion (16), a flexible lid (4) comprising a vent (40) comprising a vent plug (52), a rim (17), a plurality of lockable inserts (60) that are thin dividers, wherein the plurality of lockable inserts (60) provide rigidity to the base component and side wall portion (16) and divide food stored therein since it as the structure as recited, further wherein the food storage device is configured to collapse from raised portion (Fig 2), in which food storage device is capable of retaining food, to a collapsed position (Fig 9) in which the device is collapsed for storage and can be nested with other devices since it has the structure as recited, wherein the flexible lid (4) forms an air-tight seal with the rim (17) (col. 4, ll. 55-60). Koenig does not teach the inserts made of plastic. However, Peggs discloses container (Fig 1) with thin plastic dividers (10). One of ordinary skill in the art would have found it obvious to change the material of the Koenig inserts to be plastic as suggested by Peggs in order to facilitate support of the container and division of compartments since it has been held that selection of a known plastic to make a container of a type made of plastics prior to the invention was held to be obvious. In re Leshin, 277 F.2d 197, 125 USPQ 416 (CCPA 1960). Koenig further teaches the base component and rim to comprise polymer (abstract) but does not teach the base component to be a BPA free polymer. However, Andrews discloses a food storage container (10) and in particular discloses the material of the container to be BPA free polymer (€0046). One of ordinary skill in the art would have found it obvious to make the material of Koenig container out of BPA free polymer as suggested by Andrews in order to have a food safe container. The modified Koenig does not teach the polymer to have a clarifying agent. However, Sudakoff discloses a collapsible food container (Fig 1) and in particular discloses the material of a polymer having a clarifying agent since the container is transparent (€0072). One of ordinary skill in the art would have found it obvious to incorporate a clarifying agent to the Koenig polymer as suggested by Sudakoff in order to have a transparent container to allow objects to be visible within the container (Sudakoff, €0072). The modified Koenig does not teach rim comprising a polymer comprising a colorant. However, Sudakoff further discloses rim (16) comprising polymer comprising a colorant (Sudakoff, €0072). One of ordinary skill in the art would have found obvious to incorporate a colorant to the Koenig rim as suggested by Sudakoff in order to more easily identify and remember the contents of the container. The modified Koenig does not teach the material of the container to comprise a lubricant additive. However, Hupp discloses a collapsible container and in particular discloses incorporating lubricant additives, clarifying agents, colorants to the polymeric container (col. 6, ll. 3-40). One of ordinary skill in the art would have found it further obvious to incorporate lubricant additives and additional additives such as clarifying agents or colorants to the polymer material of the modified Koenig in order to enhance the container appeal.
Regarding claim 2, Koenig further teaches diameter of the device progressing from large to small allowing for insertion of lockable insert components into larger part of diameter (Fig 2).
Regarding claim 3, Koenig further discloses sidewall portion (16) perpendicular to and projects outwardly from base component and terminates at distal end to form opening (Fig 2).
Regarding claim 4, Koenig further discloses sidewall portion (16) surrounds and define an interior cavity of the device configured to receive food for storage (Fig 2).
Regarding claim 5, Koenig further discloses sidewall portion (16) comprising an inner surface (facing interior) and outer surface (facing exterior) (Fig 2).
Regarding claim 6, Koenig further discloses sidewall portion comprising a groove (10) generally orthogonal to direction of collapse and erection of the device.
Regarding claim 7, Koenig further discloses groove (10) being line of weakness in sidewall portion (Fig 2).
Regarding claim 8, Koenig further discloses groove being area of reduced wall thickness (Fig 2).
Regarding claim 9, Koenig further discloses groove allowing sidewall to collapse inward or outward (col. 3, ll. 25-30).
Regarding claim 12, Koenig further discloses rim positioned above sidewall portion and comprising vertically extending mating portion (above 26) and outwardly extending flange (20) (Fig 9).
Regarding claim 14, Koenig further discloses the device capable of functioning with a lid having a label area and flip handle since it has the structure as recited.
Claim(s) 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Koenig in view of Peggs, Andrews, Sudakoff, Hupp and US 2003/0111472 to Lerner.
Regarding claim 15, the modified Koenig teaches the device of claim 14 but does not teach lockable inserts comprising freezer gel. However, Lerner discloses a food container (Fig 1) comprising lockable insert (10) comprising freezer gel. One of ordinary skill in the art would have found it obvious to incorporate freezer gel to the Koenig insert as suggested by Lerner if one wanted to keep frozen pizza fresh.
Regarding claim 16, the modified Koenig teaches the device of claim 15 and further discloses the inserts would be inserted into groove and retained via friction fit design that prevents leaks since it has the structure as recited. Note that statements of intended use are given little patentable weight.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Koenig in view of US 2003/0111472 to Lerner, US Patent 6,315,151 to Hupp et al. (Hupp) and Sudakoff.
Regarding claim 17, Koenig discloses a food storage device (Fig 1) that provides users with container capable of food stored and organized since it has the structure as recited, the device comprising a base component, a sidewall portion (16), a rim (17), a flexible lid (4) comprising a vent (40) comprising a vent plug (52), a plurality of lockable inserts (60), wherein the sidewall portion (16) is perpendicular to and projects outwardly from the base component and terminates at a distal end forming an opening (Fig 2), wherein the sidewall portion (16) surrounds and defines an interior cavity of the device configured to receive food for storage (Fig 2), wherein the sidewall portion has a groove (10) therein that is generally orthogonal to direction of collapse and erection of the device, wherein the groove is an area of reduced wall thickness (col. 3, ll. 25-30), wherein the device is configured to collapsed from raised position (Fig 2) in which the device is configured to retain food, to collapsed position (Fig 9) in which the device is collapsed for storage and can be nested with other devices since it has the structure as recited, further wherein the rim (17) is positioned above the sidewall portion (16) and includes a vertically extending mating portion (above 26, Fig 11) for mating with the lid and an outwardly extending flange (20, Fig 9) that provides rigidity for the device and grip point of a user applying or removing the lid, wherein the flexible lid forms an air-tight seal with the rim (17) (col. 4, ll. 55-60). Koenig does not teach the insert to be freezer gel inserts. However, Lerner discloses a food container (Fig 1) comprising lockable insert (10) comprising freezer gel. One of ordinary skill in the art would have found it obvious to incorporate freezer gel to the Koenig insert and suggested by Lerner if one wanted to keep frozen pizza fresh. Koenig further discloses base component comprising a polymer (abstract) but does not teach selenium and antistatic additive in the polymer. However, Hupp discloses a collapsible container (Fig 1) comprising a polymer having selenium/antistatic additives (col. 6, ll. 3-40). One of ordinary skill in the art would have found it obvious to incorporate such additives to the Koenig polymer container in order to enhance the container appeal. The modified Koenig does not teach the sidewall portions with the recited thickness. However, Sudakoff discloses a collapsible food container (Fig 1) and in particular discloses the sidewall (14) comprising a first portion (46) extending between a base (22) and a groove (54), a second portion (48) extending from a groove (54) to distal end (24), the second portion (48) having a thickness (52) greater than thickness (50) of the first portion (46). One of ordinary skill in the art would have found it obvious to make the thickness of Koenig sidewall greater at the top portion than lower portion as suggested by Sudakoff in order to facilitate collapsing. The modified Koenig does not teach a convex lid. However, Sudakoff further discloses a convex lid (38, Fig 9). One of ordinary skill in the art would have found it obvious to substitute the planar lid of Koenig with a functionally equivalent convex lid as suggested by Sudakoff in order to facilitate covering of the container since it has been held that simple substitution of one known element for another to obtain predictable results would have been obvious. In re Fout, 675 F.2d 297, 213 USPQ 532 (CCPA 1982).
Claim(s) 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Koenig in view of Lerner, Hupp, Sudakoff and US Patent No. 8,556,099 to Perlman.
Regarding claim 18, the modified Koenig teaches the device of claim 17 except for indicia. However, Perlman discloses that a collapsible container and in particular discloses incorporating indicia to the container to identify logos (abstract). One of ordinary skill in the art would have found it obvious to incorporate indicia to the modified Koenig in order to identify logos of the container owner.
Regarding claim 19, the modified Koenig teaches the device of claim 18 and further discloses a plurality of rigid vertical spacers (70) that would interlock in perpendicular configuration since it has the structure as recited.
Response to Arguments
Applicant's arguments filed 7/14/2025 have been fully considered but they are not persuasive. Initially, it is noted that applicant does not argue the rejection of the dependent claims. Applicant argues that prior art does not teach clarifying agent, lubricant, colorant, additives on the container. However, Hupp discloses a collapsible container made of polymer with the additional mixtures added. One of ordinary skill in the art would have found it obvious to manufacture the collapsible containers out of polymer with the recited ingredients to give the container additional properties. Applicant further argues that prior art does not teach the recited thickness of the sidewall. However, Sudakoff discloses collapsible container where the sidewall has two thickness, the thickness of the upper portion greater than thickness of lower portion. One of ordinary skill in the art would have found it obvious to modify the thickness of the sidewalls to be different in order to facilitate collapse and expansion. Applicant argues that prior art does not teach lid to be convex. However, convex lids were known in the art as taught by Sudakoff and one of ordinary skill in the art would have found it obvious to substitute a planar lid with a functionally equivalent convex one in order to facilitate covering of the container.
Conclusion
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/ROBERT POON/Examiner, Art Unit 3735