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 .
Election/Restrictions
Claims 9 through 13, and 23 through 27 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 2/18/2026.
Applicant's election with traverse of Species A in the reply filed on 2/18/2026 is acknowledged. The traversal is on the ground(s) that Species B through E recite subject matter of the claims of Species A. This is not found persuasive because claims 9 and 23 (requiring a dual seal gasket 1320 in Fig. 13 having two arms each compressing against individual compression surfaces), claims 10, 11, 24, and 25 (requiring dual individual/separate gaskets as in Figs. 5 and 6), claims 12 and 26 (requiring a plunger as in Figs. 11 and 12), claims 13 and 27 (requiring a lateral gasket in a gasket channel as in Figs. 8 and 9), are not interpreted to read on the species of Figs. 15, 16, 17a, and 17b (which requires a v-shaped gasket having primary and secondary arms) based on Applicant’s original disclosure.
The requirement is still deemed proper and is therefore made FINAL.
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. Claims 1 and 14 recite “the first lateral compression surface of the lid collar structure is configured to compress against the second lateral compression surface of the body collar structure and the first longitudinal compression surface of the lid collar structure is configured to compress against the second longitudinal compression surface of the body collar structure to seal the opening”, while claims 6 and 20 recite “a V-shaped gasket extending around at least a portion of the lid collar structure, the V- shaped gasket further comprising: a seal body; a primary seal arm extending from a first end of the seal body; and a secondary seal arm extending from a second end opposite the first end of the body seal, wherein when the closure is closed, the primary seal arm is configured to compress against the second lateral compression surface of the body collar structure and the second longitudinal compression surface of the body collar structure”, there is no Figure which shows both of these limitations in a single embodiment, and it is not clear from Figures how the compression surfaces would contact if the V-shaped gasket is between them (see Applicant’s Fig. 15).
Further, the Figures do not show the primary arm of the gasket compressing against the second lateral and second longitudinal compression surfaces as claimed in claims 6 and 20.
Therefore, the features 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 § 112
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 6-8 and 20-22 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.
Claims 6 and 20 recite the limitation "the body seal". There is insufficient antecedent basis for this limitation in the claim.
Claim 20 recite the limitations "the second lateral compression surface” and “the second longitudinal compression surface". There is insufficient antecedent basis for this limitation in the claim.
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(s) 1-8, 14-22, and 28 are is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent No. 8,899,071 (Mogil et al. hereinafter).
In re claim 1, with reference to Figs. 10j-10l and 11a-11b, Mogil et al. discloses: An insulating device comprising: a body assembly comprising an outer shell (516/518) defining a sidewall; an inner liner (512) forming a storage compartment; an insulating layer (514) positioned in between the outer shell and the inner liner, the insulating layer providing insulation for the storage compartment; a lid assembly (461/462); an opening formed between the body assembly and the lid assembly, the opening configured to allow access to the storage compartment; and a closure comprising: a lid collar structure extending around a perimeter of the lid assembly, comprising a first lateral compression surface (538) and a first longitudinal compression surface (540); and a body collar structure extending around a perimeter of the body assembly at the opening, comprising a second lateral compression surface (494) and a second longitudinal compression surface (at upper 518 in Fig. 10j below), wherein when the closure is closed, the first lateral compression surface of the lid collar structure is configured to compress against the second lateral compression surface of the body collar structure and the first longitudinal compression surface of the lid collar structure is configured to compress against the second longitudinal compression surface of the body collar structure to seal the opening (columns 23-24, lines 51-16).
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In re claim 2, with reference to the Figs. noted above, Mogil et al. discloses the claimed invention including wherein the closure further comprises: a zipper comprising: an upper portion extending along a lid collar zipper flange surface; and a lower portion extending along a body collar zipper flange surface, wherein the upper portion and the lower portion are configured to be removably coupled to one another to seal the opening (column 10, lines 9-11, zippers discussed in columns 19-20, lines 65-21 and column 26, lines 8-44).
In re claim 3, with reference to the Figs. noted above, Mogil et al. discloses the claimed invention including wherein when the closure is closed, the zipper urges the first longitudinal compression surface of the lid collar structure to compress against the second longitudinal compression surface of the body collar structure (as in re claim 2 above).
In re claim 4, with reference to the Figs. noted above, Mogil et al. discloses the claimed invention including wherein when the closure is closed, an interference fit compresses the first lateral compression surface of the lid collar structure against the second lateral compression surface of the body collar structure (columns 23-24, lines 61-16).
In re claim 5, with reference to the Figs. noted above, Mogil et al. discloses the claimed invention including wherein the lid collar structure comprises a lid rib and the body collar structure comprises a body rib, wherein the lid rib and the body rib are configured to brace the lid collar structure and the body collar structure during compression to form the interference fit (lid rib: “In FIG. 10j, leg 534, end portion 536 and leg 538 co-operate with the adjacent planar portions 532 and 540 to function as a reinforcing channel for the adjacent planar regions, thus tending to yield a stiffened member for engagement with the surrounding land of the line”, column 24, lines 10-16, and body rib an end wall 518, and an outer, return leg 520, such that the land region, end wall 518 and return leg 520 may tend to co-operate to function as a channel section tending to stiffen the peripheral lip more generally” column 23, lines 46-52).
In re claim 6, with reference to the Figs. noted above, Mogil et al. discloses the claimed invention including wherein a V-shaped gasket extending around at least a portion of the lid collar structure, the V-shaped gasket further comprising: a seal body; a primary seal arm (538-540) extending from a first end of the seal body; and a secondary seal arm (504) extending from a second end opposite the first end of the body seal, wherein when the closure is closed, the primary seal arm is configured to compress against the second lateral compression surface of the body collar structure and the second longitudinal compression surface of the body collar structure (see Fig. 10j above). Note that since claim 1 requires “the first lateral compression surface of the lid collar structure is configured to compress against the second lateral compression surface of the body collar structure and the first longitudinal compression surface of the lid collar structure is configured to compress against the second longitudinal compression surface of the body collar structure”, the consideration of the gasket as portions of 530 are consistent with the Applicant’s disclosure as originally filed.
In re claim 7, with reference to the Figs. noted above, Mogil et al. discloses the claimed invention including wherein the V-shaped gasket further comprises a wiper structure (at region 498 interferes with or “wipes” region 506).
In re claim 8, with reference to the Figs. noted above, Mogil et al. discloses the claimed invention including wherein the seal body and the secondary seal arm are configured to compress against an inner wall of a gasket channel (506) to position the V-shaped gasket correctly within the gasket channel.
In re claim 14, with reference to the Figs. noted above, Mogil et al. discloses An insulating device comprising: a body assembly comprising a storage compartment; a lid assembly; an opening formed between the body assembly and the lid assembly, the opening configured to allow access to the storage compartment; and a closure adapted to substantially seal the opening, the closure comprising: a lid collar structure extending around a perimeter of the lid assembly; and a body collar structure extending around a perimeter of the body assembly at the opening, wherein when the closure is closed, at least a portion of the lid collar structure is configured to compress against at least a portion of the body collar structure to seal the opening (as in re claim 1 above).
In re claim 15, with reference to the Figs. noted above, Mogil et al. discloses the claimed invention including wherein the lid collar structure further comprises a first longitudinal compression element (540) and a first lateral compression element (538), and wherein the body collar structure further comprises a second longitudinal compression element (at upper 518 in Fig. 10j above) and a second lateral compression element (at 494).
In re claim 16, with reference to the Figs. noted above, Mogil et al. discloses the claimed invention including wherein the closure further comprises: a zipper, comprising: an upper portion extending along a lid collar zipper flange surface; and a lower portion extending along a body collar zipper flange surface, wherein the upper portion and the lower portion are configured to be removably coupled to one another to seal the opening (as in re claim 2 above).
In re claim 17, with reference to the Figs. noted above, Mogil et al. discloses the claimed invention including wherein when the closure is closed, the zipper urges the first longitudinal compression element of the lid collar structure to compress against the second longitudinal compression element of the body collar structure (as in re claim 3 above).
In re claim 18, with reference to the Figs. noted above, Mogil et al. discloses the claimed invention including wherein when the closure is closed, an interference fit compresses the first lateral compression element of the lid collar structure against the first lateral compression element of the body collar structure (as in re claim 4 above).
In re claim 19, with reference to the Figs. noted above, Mogil et al. discloses the claimed invention including wherein the lid collar structure comprises a lid rib and the body collar structure comprises a body rib, wherein the lid rib and the body rib are configured to brace the lid collar structure and the body collar structure during compression to form the interference fit (as in re claim 6 above).
In re claim 20, with reference to the Figs. noted above, Mogil et al. discloses the claimed invention including wherein a V-shaped gasket extending around at least a portion of the lid collar structure, the V-shaped gasket further comprising: a seal body; a primary seal arm extending from a first end of the seal body; and a secondary seal arm extending from a second end opposite the first end of the body seal, wherein when the closure is closed, the primary seal arm is configured to compress against the second lateral compression surface of the body collar structure and the second longitudinal compression surface of the body collar structure (as in re claim 6 above).
In re claim 21, with reference to the Figs. noted above, Mogil et al. discloses the claimed invention including wherein the V-shaped gasket further comprises a wiper structure (as in re claim 7 above).
In re claim 22, with reference to the Figs. noted above, Mogil et al. discloses the claimed invention including wherein the seal body and the secondary seal arm are configured to compress against an inner wall of a gasket channel to position the V-shaped gasket correctly within the gasket channel (as in re claim 8 above).
In re claim 28, with reference to the Figs. noted above, Mogil et al. discloses A method of forming an insulating device comprising: forming an inner liner first portion (532) and an outer shell first portion (528/462); securing the inner liner first portion to the outer shell first portion to form a lid assembly; forming an inner liner second portion (492) and an outer shell second portion (516/518); securing the inner liner second portion to the outer shell second portion to form a body assembly, wherein the body assembly comprises an opening into a storage compartment; forming a sealable closure of the opening into the storage compartment, comprising: forming a lid collar structure extending around a perimeter of the lid assembly; and forming a body collar structure extending around a perimeter of the body assembly, wherein the lid collar structure is configured to compress against the body collar structure to resealably seal the sealable closure (as in re claim 1 above).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW T KIRSCH whose telephone number is (571)270-5723. The examiner can normally be reached Mon-Fri, 9a-5p EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Jenness can be reached at 571-270-5055. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW T KIRSCH/Primary Examiner, Art Unit 3733
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