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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 3/2/2026 has been entered.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim 24 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Masaaki (JP 2003199610A).
Regarding claim 24, Masaaki discloses a container (1) comprising: an outer shell having a front portion and a back portion; an opening located on the container extending into a storage compartment, a closure mechanism for the opening comprising: a flap (2) extending from the back portion of the outer shell, the flap releasably fastened to the front portion of the outer shell by a magnetic cleat (Fig. 2); and the magnetic cleat comprising: a first portion (20) of the magnetic cleat coupled to the flap, wherein the first portion includes a first magnetic surface (at 24), a first depression (at 23a), a hook section (at 23), a first end (Fig. 5, at bottom of 20), and a second end (Fig. 5, at top of 20) opposite the first end, wherein the second end is a cantilevered end extending distally from the hook section; a second portion (10) of the magnetic cleat coupled to the front portion of the container, wherein the second portion includes a second magnetic surface (11), an elongated protrusion (Fig. 5, top of 10) that extends across the second magnetic surface, and a hook structure (13a), wherein the elongated protrusion is located below the hook structure; wherein the first magnetic surface of the first portion magnetically couples to the second magnetic surface of the second portion; wherein the hook section of the first portion engages the hook structure of the second portion; wherein the first depression receives the elongated protrusion; and wherein a user applies a pulling force to the first end of the first portion and a pushing force to the second end of the first portion to pivot the first portion away from the second portion. See Figs. 1-6.
Claim Rejections - 35 USC § 103
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, 9, 11 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Masaaki (JP 2003199610A).
Regarding claim 1, Masaaki discloses a container (1), comprising: an outer shell having a front portion, a back portion, side portions, and a base portion, the outer shell further comprising: an opening at a top of the container extending into a storage compartment, the opening having a substantially rectilinear geometry when fully open, and having a front, a back, a first side, and a second side; a closure mechanism, further comprising: a flap (2) extending from the back portion of the outer shell above the opening, the flap being configured to be fastened to the front portion of the outer shell by a fastener; and wherein the fastener includes a magnetic cleat (Fig. 2), wherein the magnetic cleat comprises a first portion (20) that is coupled to the flap and a second portion (10) coupled to the front portion of the outer shell; and wherein the first portion has a first magnetic surface (at 24) that is configured to be magnetically coupled to a second magnetic surface (11) of the second portion; wherein the second portion includes a hook structure (at 13a) that engages a hook section (at 23) on the first portion that prevents the first portion from being sheared away from the second portion; wherein the second portion includes an elongated protrusion (Fig. 5, top of 10) that extends across the second magnetic surface and the first portion includes a first depression (at 23a) that receives the elongated protrusion; wherein the first portion comprises a first end (Fig. 5, at bottom of 20) and a second end (Fig. 5, top of 20) opposite the first end, wherein the second end is a cantilevered end extending distally from the hook section; and wherein a user applies a pulling force to the first end and a pushing force to the second end to pivot the first portion away from the second portion. See Figs. 1-7. Masaaki does not necessarily disclose the shape of the cleat as claimed. It would have been obvious to one having ordinary skill in the art at the time the invention was made to have the magnetic cleat have a wedge-shaped geometry such that an outer surface of the first portion is arranged at an acute angle with the first magnetic surface that contacts the second magnetic surface; since there is no invention in merely changing the shape or form of an article without changing its function except in a design patent. See Eskimo Pie Corp. v. Levous et al., 3 USPQ 23.
Regarding claim 9, Masaaki discloses the claimed invention except for a second protrusion and depression. It would have been obvious to one having ordinary skill in the art at the time the invention was made to have a second protrusion and depression, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St, Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Regarding claim 11, a handle (1) is coupled to the back portion of the outer shell. See Fig. 1.
Regarding claim 22, Masaaki discloses the first depression that receives the elongated protrusion extending across an entire width of the first magnetic surface, wherein the entire width of the first magnetic surface extends from a first side edge to a second side edge of the second portion. See Figs. 5-7.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Masaaki as applied above in further view Platt et al. (US 9,687,054).
Regarding claim 2, Masaaki does not disclose the flap as claimed. Platt, which is drawn to a container, discloses a flap (210) that includes a reinforcing polymeric plate (212b). See Fig. 5. Thus, it 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 to use a plate as disclosed by Platt on the container of Masaaki in order to facilitate the grasping and closing of the container.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Masaaki as applied above in further view Dumas (US D811,738).
Regarding claim 4, Masaaki does not disclose loops as claimed. Dumas, which is drawn to a container, discloses a series of webbing loops that are coupled to an outer surface of a front portion, and wherein a second portion of a cleat is coupled to the series of webbing loops. See Fig. 1. Thus, it 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 to use loops as disclosed by Dumas on the container of Masaaki wherein a second portion of the magnetic cleat is coupled to the series of webbing loops in order to adjust the closure flap to accommodate various sized items.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Masaaki as applied above in further view Baker (US 2017/0029206).
Regarding claim 5, Masaaki does not disclose a strap as claimed. Baker, which is drawn to a container, discloses a first portion that is coupled to a strap (136) that extends from a lower edge of a flap (146). See Figs. 7-9. Thus, it 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 to use a strap as disclosed by Baker on the container of Masaaki in order to more easily identify the connecting point of the flap, thus facilitating opening of the container.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Masaaki as applied above in further view Weder (US 6,397,560).
Regarding claim 10, Masaaki does not disclose a collar as claimed. Weder, which is drawn to a container, discloses the container including a folding magnetic collar (Fig. 7, 70) configured to be folded between an open configuration and a closed configuration to seal the opening. See Fig. 7. Thus, it 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 to use a collar as disclosed by Weder on the container of Masaaki in order to better secure the container in a closed position.
Claim(s) 12-14, 16, 20, 21 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Masaaki as applied above in further view Brockhaus (US 4,679,242).
Regarding claims 12-14, Masaaki does not disclose insulation or liner. Brockhaus, which is drawn to a container, discloses a storage compartment being insulated (at 24) along with an inner liner (23). See Fig. 3. Thus, it 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 to use for the container of Masaaki an insulation that is between an inner liner and outer shell, as disclosed by Brockhaus, in order to insulate products therein and protect the overall container from liquids.
Regarding claim 16, Masaaki, as modified above, discloses an insulated container, comprising: an outer shell having a front portion, a back portion, side portions, and a base portion, the outer shell further comprising: an opening at a top of the insulated container extending into a storage compartment; an insulating layer positioned in between the outer shell and an inner liner, the insulating layer providing insulation for the storage compartment; a closure mechanism, further comprising: a flap extending from the back portion of the outer shell above the opening, the flap being configured to be fastened to the front portion of the outer shell by a fastener; and wherein the fastener includes a magnetic cleat, wherein the magnetic cleat comprises a first portion that is coupled to the flap and a second portion coupled to the front portion of the outer shell; and wherein the first portion comprises a first magnetic surface that is configured to be magnetically coupled to a second magnetic surface of the second portion, and wherein the second portion includes a hook structure that engages a hook section on the first portion that prevents the first portion from being sheared away from the second portion; wherein the second portion includes an elongated protrusion that extends across the second magnetic surface, wherein the elongated protrusion is located below the hook structure and the first portion includes a first depression that receives the elongated protrusion; and wherein the first portion comprises a first end and a second end opposite the first end, wherein the second end is a cantilevered end extending distally from the hook section; and wherein a user applies a pulling force to the first end of the first portion and a pushing force to the second end of the first portion to pivot the first portion away from the second portion. See above.
Regarding claim 20, Masaaki discloses the claimed invention except for a second protrusion and depression. It would have been obvious to one having ordinary skill in the art at the time the invention was made to have a second protrusion and depression, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St, Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Regarding claim 21, Masaaki, as modified above, sufficiently discloses the claimed invention.
Regarding claim 23, Masaaki, as modified above, discloses the first depression that receives the elongated protrusion extending across an entire width of the first magnetic surface, wherein the entire width of the first magnetic surface extends from a first side edge to a second side edge of the second portion. See Fidlock, Figs. 6A-6C.
Claim(s) 15 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Masaaki and Brockhaus as applied above in further view Bauman et al. (US 4,911,962).
Regarding claims 15 and 17, Masaaki, as modified above, does not disclose a floating layer. Bauman, which is drawn to a container, discloses a layer that floats between an inner liner and an outer shell. See cl. 1. Thus, it 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 to use to have the insulating layer of Masaaki be floating, as disclosed by Bauman, in order to remove or adjust the layer.
Response to Arguments
Applicant’s arguments have been considered but are moot in view of the new grounds of rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEREK J BATTISTI whose telephone number is (571)270-5709. The examiner can normally be reached 9:00 am - 5:00 pm M-F.
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/DEREK J BATTISTI/Primary Examiner, Art Unit 3734
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