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 .
Response to Amendment
The amendment filed 6/8/2026 has been entered. Claims 1-11, 16, and 20-28 remain pending in the application. New Claims 26-28 have been added to the application.
Response to Arguments
Applicant's arguments filed 6/8/2026, regarding the 35 USC 103 rejections of Claims 1-11, 16, and 20-28 have been fully considered and are not persuasive for these reasons:
Regarding Applicant’s assertion that the amended portion makes claim 1 allowable (Page 9-10), the examiner disagrees pointing out that the amended portion does not add any structural limitations.
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.
Claims 1-6, 8-9 16, 21 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent D651922 issued to Short (Here forth “Short”) in view of US Publication 2021/0114779 by Bontrager (Here forth “Bontrager”), US Patent 11623795 issued to Dominion (Here forth “Dominion”), NPL 2007: https://www.youtube.com/watch?v=CgREfBcdFLQ by Pittser (Here forth “Pittser”).
Regarding claim 1,Short discloses a container, comprising:
(a) a base (Examiner Annotated Fig 1 of Short), including:
(i) a bottom having a first bottom side and a second bottom side (Examiner Annotated Fig 1 of Short), wherein the first bottom side faces a first direction and the second bottom side faces a second direction opposite the first direction (Examiner Annotated Fig 1 of Short, the first bottom side faces the first direction and second bottom faces the second direction),
(ii) a peripheral frame horizontally extending in a frame plane surrounding at least a portion of the bottom in the frame plane (Examiner Annotated Fig 1 of Short, a peripheral frame extends around the bottom portion of the base horizontally in an invisible frame plane that extends horizontally across the peripheral frame),
(iii) a sidewall extending vertically from the peripheral frame in the first direction perpendicular to the frame, [Not taught: wherein the sidewall further extends vertically from the peripheral frame in the second direction perpendicular to the frame plane] (Examiner Annotated Fig 1 of Short and Examiner Annotated Fig 2 of Short , the sidewall extends horizontally around the bottom portion upwards and downwards in the first and second direction and extends from the peripheral frame; the side wall extended vertically from the peripheral frame in the first direction perpendicular to the peripheral frame),
(iv) a first base chamber on the first bottom side at least partially defined by the sidewall and the first bottom side of the bottom (Examiner Annotated Fig 1 of Short, a first base chamber can be seen that is defined by a portion of the peripheral sidewalls that go around the bottom side of the bottom), and
(v) a second base chamber on the second bottom side at least partially defined by the sidewall and the second bottom side of the bottom (Examiner Annotated Fig 1 of Short, a chamber can be seen formed on the top portion of the bottom);
[Not taught: wherein the first bottom side of the bottom defines at least a first pair of ridges spaced in the first direction from the frame plane], wherein the first bottom side of the bottom further at least partially defines a plurality of first pockets horizontally positioned (Examiner Annotated Fig 1 of Short, the first bottom side of the bottom contains pockets as seen) [Not taught: between the at least the first pair of ridges], wherein each of the plurality of first pockets vertically crosses the frame plane thereby extending across the frame plane in the first and second directions (Examiner Annotated Fig 1 of Short, there are pockets that extend up and down in the first and second direction vertically when viewed from the top view looking down on the frame plane of the container) such that the peripheral frame surrounds the plurality of the first pockets in the frame plane (Examiner Annotated Fig 1 of Short), wherein the bottom crosses the frame plane such that the first bottom side intersects the frame plane at a plurality of the first intersections (Examiner Annotated Fig 1 of Short, the frame plane is adjacent to the peripheral frame and a first bottom side has side walls that intersect with the peripheral frame and frame plane),
[Not taught: wherein the second bottom side of the bottom defines at least a second pair of ridges spaced in the second direction from the frame plane], wherein the second bottom side of the bottom further at least partially further defines a plurality of second pockets horizontally positioned (Examiner Annotated Fig 1 of Short, the second bottom side of the bottom contains pockets as seen) [Not taught: between the at least the second pair of ridges], wherein each of the plurality of second pockets vertically crosses the frame plane thereby extending across the frame plane in the first and second directions such that the peripheral frame surrounds the plurality of second pockets in the frame plane (Examiner Annotated Fig 1 of Short, there are pockets that extend up and down in the first and second direction and surround the bottom portion of the second pockets in the frame plane), [Not taught: wherein the bottom crosses the frame plane such that the second bottom side intersects the frame plane at a plurality of second intersections]; and
(b) a [Not taught: dual] securement including a base securement portion positioned on the base (Examiner Annotated Fig 1 of Short, securement portion is located on base), wherein the base securement portion is configured to releasably connect a lid to the base (Examiner Annotated Fig 1 of Short) [Not taught: in a first configuration such that the lid covers the first bottom side of the bottom], and wherein the base securement portion is further configured to releasably connect the lid to the base in a second configuration such that the lid covers the second bottom side of the bottom (Examiner Annotated Fig 1 of Short, the Lid can be attached to releasably connect the lid to the base such that the lid covers the second bottom side),
wherein the first bottom side is configured to receive food thereon through the frame plane for storing food on the first bottom side within the container in the first configuration (Examiner Annotated Fig 1 of Short, the first bottom side is capable of holding food), and
wherein the second bottom side is configured to receive food thereon through the frame plane for storing food on the second bottom side within the container in the second configuration (Examiner Annotated Fig 1 of Short, the second bottom side is capable of holding food).
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Examiner Annotated Fig 1 of Short
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Examiner Annotated Fig 2 of Short
Short does not expressly disclose ridges on the first and second bottom sides.
Bontrager disclose a similar container that teaches wherein the first bottom side of the bottom defines at least a first pair of ridges spaced in the first direction from the frame plane (Para 22 of Bontrager, there are ribs that are spaced in the first direction from the frame plane on the first bottom side which is the bottom portion under the peripheral frame of the bottom), wherein the first bottom side of the bottom further at least partially defines a first pocket horizontally between the at least the first pair of ridges (Fig 1A and Para 22 of Bontrager, the first bottom side includes walls 114 and when modified with Short, there is a first pocket located between a pair of ridges),
wherein the second bottom side of the bottom defines at least a second pair of ridges spaced in the second direction from the frame plane (Para 22 of Bontrager, there are ribs 126 that are spaced in the first direction from the frame plane on the second bottom side which is the top portion of the bottom above the peripheral frame of the bottom), wherein the second bottom side of the bottom further at least partially further defines a second pocket horizontally between the at least the second pair of ridges (Fig 1A and Para 22 of Bontrager, the second bottom side includes ribs 126 and when modified with Short, there is a first pocket located between a pair of ridges).
It would have been obvious to a person having ordinary skill in the art having the teachings of Short and Bontrager before them, when the application was filed, to have modified the container of Short to include ridges between the pockets of the first and second bottom portions of the bottom, as taught by Bontrager, to advantageously increase the structural rigidity (Para 22 of Bontrager).
Short does not expressly disclose that the securement portion is configured to releasably connect lid so it covers the first bottom side; wherein the sidewall further extends vertically from the peripheral frame in the second direction perpendicular to the frame plane; wherein the bottom crosses the frame plane such that the second bottom side intersects the frame plane at a plurality of second intersections
Pittser discloses a similar container that teaches a dual securement (Examiner Annotated Fig of Timestamp of 0:50s of Pittser; Timestamp 0:25s-0:54s, the base securement is part of the dual securement such that the base can be flipped and attached to the lid); wherein the base securement portion is configured to releasably connect a lid to the base in a first configuration such that the lid covers the first bottom side of the bottom (Examiner Annotated Fig of Timestamp of 0:50s of Pittser; Timestamp 0:25s-0:54s, the base has a dual securement such that the base can be flipped and attached to the lid such that the lid covers the first bottom side of the bottom; the lid covers the first bottom side of the bottom to define a first inner storage space; the dual securement includes a lid securement portion configured to releasably connect to the base securement portion; the lid is configured to cover a selected one of the first bottom side and the second bottom side); wherein the sidewall further extends vertically from the peripheral frame in the second direction perpendicular to the frame plane; wherein the bottom crosses the frame plane such that the second bottom side intersects the frame plane at a plurality of second intersections (Examiner Annotated Fig of Timestamp of 0:50s of Pittser; Timestamp 0:25s-0:54s, when Short is modified with Pittser so that the peripheral frame is equally distant between the first bottom side and second bottom side of the bottom there is a sidewall that extends vertically in the second direction perpendicular to the frame plane where the second bottom side intersects the frame pane at a plurality of second intersection; wherein the bottom repeatedly crosses the frame plane such that the first bottom side intersects the frame plane at the plurality of first intersections, and wherein the bottom crosses the frame plane such that the second bottom side intersects the frame plane at the plurality of second intersections).
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Examiner Annotated Fig of Timestamp of 0:50s of Pittser
It would have been obvious to a person having ordinary skill in the art having the teachings of Short as modified and Pittser before them, when the application was filed, to have modified the container of Short to have the securement portion configured to be a releasably connecting lid so it covers the first bottom side and second bottom side, as taught by Pittser, to advantageously be able to carry cupcakes or cake depending on what needs to be transported.
Short does not expressly disclose that the securement at the base is a dual securement
Dominion discloses a similar container that teaches wherein the securement at the base is a dual securement (Examiner Annotated Fig 3 of Dominion; the first sealing surface is positioned horizontally outward relative to the second sealing surface).
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Examiner Annotated Fig 3 of Dominion
It would have been obvious to a person having ordinary skill in the art having the teachings of Short as modified and Dominion before them, when the application was filed, to have modified the container of Short to have the base and lid securements be a dual securement, as taught by Dominion, to advantageously provide sufficient security where the securement portions meet.
Short does not expressly disclose that the dual securement is on the base and corresponding securement is on the lid; dent lip on the base securement; dent catch on the lid securement
Short as modified discloses the claimed invention except for the base portion being the dual securement portion with the dent lip and the lid portion being the securement portion with the catch lip. It would have been obvious to one having ordinary skill in the art at the application was filed to have the container portion be the securement portion with the dent lip and the lid portion be the securement portion with the catch lip, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. Please note that in the instant application, the Applicant has not disclosed any criticality for the claimed limitation.
Regarding claim 2, Short as modified includes all of the limitations including further comprising a lid, wherein the dual securement includes a lid securement portion configured to releasably connect to the base securement portion (See the detailed description of the rejection of claim 1; Timestamp 0:25s-0:54s of Pittser).
Regarding claim 3, Short as modified includes all of the Limitations including wherein the base securement portion is on the peripheral frame (See the detailed description of the rejection of claim 1; Examiner Annotated Fig 1 of Short), wherein the base securement portion is configured to releasably connect the lid to the peripheral frame such that the lid covers the first bottom side of the bottom to define a first inner storage space (See the detailed description of the rejection of claim 1; Examiner Annotated Fig 1 of Short, Timestamp 0:25s-0:54s of Pittser the inner storage space is the space within the lid and base when the first bottom side is within the storage space portion), and wherein the base securement portion is further configured to releasably connect the lid to the peripheral frame such that the lid covers the second bottom side of the bottom to define a second inner storage space (See the detailed description of the rejection of claim 1; Examiner Annotated Fig 1 of Short, Timestamp 0:25s-0:54s of Pittser, the inner storage space is the area within the lid and base area as shown).
Regarding claim 4, Short does not expressly disclose a lid chamber
Pittser further discloses wherein the lid defines a lid chamber, wherein the first bottom side is received within the lid chamber with the lid releasably connected against the peripheral frame defining the first inner storage space, and wherein the second bottom side is received within the lid chamber with the lid releasably connected against the peripheral frame defining the second inner storage space (Examiner Annotated Fig of Timestamp of 0:50s of Pittser and Timestamp 0:25s-0:54s of Pittser).
It would have been obvious to a person having ordinary skill in the art having the teachings of Short as modified and Pittser before them, when the application was filed, to have modified the container of the modified Short to include a lid chamber, as taught by Pittser, to advantageously be able to provide enough room for food within the inner storage space.
Regarding claim 5, Short as modified includes all of the limitations including wherein the lid is configured to cover a selected one of the first bottom side and the second bottom side (See the detailed description of the rejection of claim 1; Timestamp 0:25s-0:54s of Pittser).
Regarding claim 6, Short does not expressly disclose wherein securement portions includes a detent lip, and detent catch, and wherein the detent catch is configured to releasably connect to the detent lip.
Dominion discloses a similar container that teaches wherein the base securement portion includes a detent lip (Examiner Annotated Fig 3 of Dominion), and wherein the lid securement portion includes a detent catch (Examiner Annotated Fig 3 of Dominion), and wherein the detent catch is configured to releasably connect to the detent lip (Examiner Annotated Fig 3 of Dominion).
It would have been obvious to a person having ordinary skill in the art having the teachings of Short as modified and Dominion before them, when the application was filed, to have modified the container of Short as modified to have modified the securement portions of Short to be that of Dominion, to advantageously provide a sufficient seal where the securement portions meet so there is no leakage.
Short does not expressly disclose wherein the base securement portion contains the detent lip, and wherein the lid securement portion includes a detent catch.
Short as modified discloses the claimed invention except for wherein the base portion being the securement portion with the dent lip and the lid portion being the securement portion with the catch lip. It would have been obvious to one having ordinary skill in the art at the application was filed to have the container portion being the securement portion with the dent lip and the lid portion being the securement portion with the catch lip, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. Please note that in the instant application, the Applicant has not disclosed any criticality for the claimed limitation.
Regarding claim 8, Short as modified does not expressly disclose a first and second sealing surface; second sealing surface is configured to engage the lower sealing surface of the lid in second configuration
Pittser further discloses wherein the lid has a lower sealing surface (Examiner Annotated Fig of Timestamp of 0:50s of Pittser, the lower surface of the lid that contacts the securement portions of the bottom is the lower sealing surface as it presses up against the peripheral frame of the base providing a seal), wherein the peripheral frame includes a first sealing surface and a second sealing surface (Examiner Annotated Fig of Timestamp of 0:50s of Pittser, the first and second sealing surfaces are the securement portions of the bottom), wherein the first and second sealing surfaces respectively face the first and second directions (Examiner Annotated Fig of Timestamp of 0:50s of Pittser, the first direction is upward and second direction is downward), and wherein the first sealing surface is configured to engage the lower sealing surface of the lid in the first configuration (Examiner Annotated Fig of Timestamp of 0:50s of Pittser, the bottom can be attached to the lid such that the first sealing surface engages the lower sealing surface of the lid) and wherein the second sealing surface is configured to engage the lower sealing surface of the lid in the second configuration (Timestamp 0:25s-0:54s of Pittser; the bottom can be reversed such that the second sealing surface engages the lower sealing surface of the lid).
It would have been obvious to a person having ordinary skill in the art having the teachings of Short as modified and Pittser before them, when the application was filed, to have modified the container of Short as modified to include first a and second sealing surface, as taught by Pittser, to advantageously seal the lid to the container to prevent leakage.
Regarding claim 9, Short as modified does not expressly disclose the following limitations, wherein the first sealing surface is positioned horizontally outward relative to the second sealing surface (See the detailed description of the rejection of claim 8; Fig of Dominion, the first sealing surface is positioned horizontally outwards relative to the second sealing surface as seen).
Regarding claim 16, Short as modified does not expressly disclose wherein each of the plurality of first pockets is V-shaped, and wherein each of the plurality of second pockets is V-shaped.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the container taught by Short as modified to teach providing the shape of the pockets as that of Short rather than V-shaped. Such a modification involves only a change in shape which provides no change in function (see MPEP 2144.04 IV B). Further Applicant has not disclosed criticality for the claimed shape.
Regarding claim 21, Short as modified does not expressly disclose ridges.
Bontrager disclose a similar container that teaches wherein the at least the first pair of ridges are spaced in the first direction from the frame plane a first distance, wherein the at least the second pair of ridges are spaced in the second direction from the frame plane a second distance (Fig 1A and Para 22 of Bontrager, the first bottom side/second bottom side includes walls 114 that contain ribs 126 and when modified with Short and are spaced a first and second direction from the frame place), and [Not taught: wherein the first distance is the same as the second distance such that the frame plane is centrally positioned therebetween].
Short as modified does not expressly disclose the first distance is the same as the second distance such that the frame plane is centrally positioned therebetween
Pittser discloses a similar container that teaches wherein the first distance is the same as the second distance such that the frame plane is centrally positioned therebetween (Examiner Annotated Fig of Timestamp of 0:50s of Pittser; Timestamp 0:25s-0:54s, when Short is modified with Pittser so that the peripheral frame is equally distant between the first bottom side and second bottom side of the bottom).
It would have been obvious to a person having ordinary skill in the art having the teachings of Short as modified and Pittser before them, when the application was filed, to have modified the container of Short as modified to have the peripheral frame be centrally positioned between the first bottom side and second bottom side of the bottom, to advantageously maintain the size of the container when the lid is on whether the first bottom side is covered or the second bottom side is covered.
Regarding claim 23, Short as modified includes all of the limitations including wherein the bottom repeatedly crosses the frame plane such that the first bottom side intersects the frame plane at the plurality of first intersections, and wherein the bottom crosses the frame plane such that the second bottom side intersects the frame plane at the plurality of second intersections (See the detailed description of the rejection of claim 1; Timestamp 0:25s-0:54s of Pittser).
Claims 7, 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Short, Bontrager, Dominion and Pittser in view of US Patent 10364066 issued to Clark (Here forth “Clark”).
Regarding claim 7, Short as modified does not expressly disclose lid vent.
Clark discloses a similar container that teaches wherein the lid further includes a plurality of lid vents extending therethrough (Fig 1, lid vents 138).
It would have been obvious to a person having ordinary skill in the art having the teachings of Short as modified and Clark before them, when the application was filed, to have modified the container of Short to include the concept of vents on the lid, as taught by Clark, to advantageously reduce the buildup of pressure within the container due to heat.
Regarding claim 10, Short as modified does not expressly disclose base vents
Clark discloses a similar container that teaches wherein the peripheral frame includes a plurality of base vents vertically extending therethrough, wherein the plurality of base vents is positioned horizontally inward of the first sealing surface (Fig 1, base vents 122).
It would have been obvious to a person having ordinary skill in the art having the teachings of Short as modified and Clark before them, when the application was filed, to have modified the container of Short to include the concept of vents on the base, as taught by Clark, to advantageously reduce the buildup of pressure within the container due to heat.
Short as modified does not expressly disclose base vents is positioned horizontally inward of the first sealing surface
Short as modified discloses the claimed invention except for wherein the plurality of base vents is positioned horizontally inward of the first sealing surface. It would have been obvious to one having ordinary skill in the art at the application was filed to have the plurality of base vents positioned horizontally inward of the first sealing surface, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. Please note that in the instant application, the Applicant has not disclosed any criticality for the claimed limitation.
Regarding claim 11, Short as modified does not expressly disclose base vents vertically offset from the second sealing surface
Short as modified discloses the claimed invention except for wherein the plurality of base vents is positioned vertically offset from the second sealing surface such that the plurality of base vents are in a different plane than the second sealing surface. It would have been obvious to one having ordinary skill in the art at the application was filed to have the plurality of base vents positioned vertically offset from the second sealing surface such that the plurality of base vents are in a different plane than the second sealing surface , since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. Please note that in the instant application, the Applicant has not disclosed any criticality for the claimed limitation.
Claims 22 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Short in view of Pittser and Dominion.
Regarding claim 22, Short further discloses wherein the at least one first pocket extends in the first direction a first distance from the frame plane (Examiner Annotated Fig 1 of Short), wherein the at least one second pocket extends in the second direction a second distance from the frame plane (Examiner Annotated Fig 1 of Short), [Not taught: wherein the lid chamber has a height larger than each of the first and second distances such that the first and second pockets are respectively received within the lid chamber in the first and second configurations].
Short as modified does not expressly disclose a larger lid chamber height than pocket distances
Dominion discloses a similar container that teaches wherein the lid chamber has a height larger than each of the first and second distances such that the first and second pockets are respectively received within the lid chamber in the first and second configurations (Examiner Annotated Fig 3 of Dominion, the lid is larger than the first and second distances when applied to the modified Short, the first and second pockets are received within the lid chamber in the first configuration).
It would have been obvious to a person having ordinary skill in the art having the teachings of Short and Dominion before them, when the application was filed, to have modified the container of Short to have the lid cover the peripheral frame of the bottom so its larger horizontally, as taught by Dominion, to advantageously wrap around the base to secure the lid over the bottom.
Regarding claim 24, Short as modified includes all of the limitations including wherein the bottom repeatedly crosses the frame plane such that the first and second bottom sides respectively intersect the frame plane at a plurality of first intersections and a plurality of second intersections (See the detailed description of the rejection of claim 18 Timestamp 0:25s-0:54s of Pittser).
Allowable Subject Matter
Claims 20 and 25-28 are allowed.
Regarding claim 20, US Patent D651922 issued to Short discloses a method of storing a food within a container, the container including
(a) a base (Examiner Annotated Fig 1 of Short), including:
(i) a bottom having a first bottom side and a second bottom side (Examiner Annotated Fig 1 of Short), wherein the first bottom side faces a first direction and the second bottom side faces a second direction opposite the first direction (Examiner Annotated Fig 1 of Short),
(ii) a peripheral frame horizontally extending in a frame plane and surrounding the bottom in the frame plane (Examiner Annotated Fig 1 of Short, the peripheral frame has a frame plane across the surface of the bottom peripheral frame surrounding a portion of the bottom in the frame plane that is location of the peripheral frame), wherein the bottom crosses the frame plane such that the first and second bottom sides respectively intersect the frame plane at a plurality if first intersections and a plurality of second intersections (Examiner Annotated Fig 1 of Short, the frame plane is adjacent to the peripheral frame and a first bottom side has side walls that intersect with the peripheral frame and frame plane),
(iii) a sidewall extending from the peripheral frame in the first direction and the second direction (Examiner Annotated Fig 1 of Short),
(iv) a first base chamber on the first bottom side at least partially defined by the sidewall and the first bottom side of the bottom (Examiner Annotated Fig 1 of Short), and (v) a second base chamber on the second bottom side at least partially defined by the sidewall and the second bottom side of the bottom(Examiner Annotated Fig 1 of Short);
(b) a lid defining a lid chamber (Examiner Annotated Fig 1 of Short forms a degree of a chamber); and
(c) a [Not taught: dual] securement including a base securement portion positioned on the base (Examiner Annotated Fig 1 of Short, securement portion is located on base), [Not taught: wherein the base securement portion is configured to releasably connect the lid to the base in a first configuration such that the lid covers the first bottom side of the bottom to define a first inner storage space], and wherein the base securement portion is further configured to releasably connect the lid to the base in a second configuration such that the lid covers the second bottom side of the bottom to define a second inner storage space (Examiner Annotated Fig 1 of Short), [Not taught: wherein the lid chamber is horizontally larger than the base such that an entirety of the peripheral frame is received within the lid in the first configuration and in the second configuration], [Not taught: the method comprising:
(a) selecting one of the first bottom side or the second bottom side to releasably connect the lid];
(b) receiving the entirety of the peripheral frame of the base into the lid chamber of the lid in either of the selected one of the first bottom side or the second bottom side (Examiner Annotated Fig 1 of Short, the frame is on the surface of the second bottom side);
(c) [Not taught: receiving the food through the frame plane and on the bottom in either of the selected one of the first bottom side or the second bottom side]; and
[Not taught: (d) releasably connecting the lid to the selected one of the first bottom side or the second bottom side thereby storing the food within the container].
Short does not expressly disclose wherein the base securement allows the first or second bottom to be within the inner storage space
NPL 2007: https://www.youtube.com/watch?v=CgREfBcdFLQ by Pittser discloses a similar container that teaches a dual securement (Examiner Annotated Fig 2 of Short and Timestamp 0:25s-0:54s of Pittser, the base has a dual securement such that the base can be flipped and attached to the lid); wherein the base securement portion is configured to releasably connect the lid to the base in a first configuration such that the lid covers the first bottom side of the bottom to define a first inner storage space (Examiner Annotated Fig of Timestamp of 0:50s of Pittser and Timestamp 0:25s-0:54s of Pittser, the base has a dual securement such that the base can be flipped and attached to the lid such that the lid covers the first bottom side of the bottom that defines a first inner storage space); wherein the bottom crosses the frame plane such that the first and second bottom sides respectively intersect the frame plane at a plurality if first intersections and a plurality of second intersections (Examiner Annotated Fig of Timestamp of 0:50s of Pittser; Timestamp 0:25s-0:54s, when Short is modified with Pittser, the second bottom side intersects the frame pane at a plurality of second intersection and the bottom crosses the peripheral frame where the frame plane is located such that the first and second bottom sides intersect the frame plane).
the method comprising:
(a) selecting one of the first bottom side or the second bottom side to releasably connect the lid (Timestamp 0:25s-0:54s of Pittser); and
(b) releasably connecting the lid to the selected one of the first bottom side or the second bottom side thereby storing the food within the container (Timestamp 0:25s-0:54s of Pittser, both the first and second bottom sides can within the releasable lid).
(iv) a peripheral frame horizontally extending in a frame plane and surrounding the bottom, wherein each of the at least one first pocket and the at least one second pocket extend across the frame plane (Examiner Annotated Fig of Timestamp of 0:50s of Pittser; Timestamp 0:25s-0:54s, when Short is modified with Pittser so that the peripheral frame is equally distant between the first bottom side and second bottom side of the bottom such that at least one first pocket and second pocket extend across the frame plane).
It would have been obvious to a person having ordinary skill in the art having the teachings of Short and Pittser before them, when the application was filed, to have modified the container of Short to have the securement be a dual securement on the first and second bottom sides and to have the peripheral frame be centrally positioned between the first bottom side and second bottom side of the bottom such that the first and second pockets extend across the frame plane, as taught by Pittser, to advantageously be able to carry cupcakes or cake depending on what needs to be transported and to maintain the size of the container when the lid is on whether the first bottom side is covered or the second bottom side is covered.
Short does not expressly disclose wherein the lid chamber is horizontally larger than the base such that an entirety of the peripheral frame is received within the lid in the first configuration and in the second configuration
US Patent 11623795 issued to Dominion discloses a similar container that teaches wherein the lid chamber is horizontally larger than the base such that an entirety of the peripheral frame is received within the lid in the first configuration and in the second configuration (Examiner Annotated Fig 3 of Dominion, the lid is wider is larger horizontally than the base so the entirety of the peripheral frame is received. When the modified Short’s base is flipped, the lid can received the lid in the first configuration and the second configuration).
It would have been obvious to a person having ordinary skill in the art having the teachings of Short and Dominion before them, when the application was filed, to have modified the container of Short to have the lid cover the peripheral frame of the bottom so its larger horizontally, as taught by Dominion, to advantageously wrap around the base to secure the lid over the bottom.
Short as modified does not expressly disclose receiving the food through the frame plane and on the bottom in either of the selected one of the first bottom side or the second bottom side.
Regarding claim 26, US Patent D651,922 issued to Short discloses a method of storing a food within a container, the container including
(a) a base (Examiner Annotated Fig 1 of Short), including:
(i) a bottom having a first bottom side and a second bottom side (Examiner Annotated Fig 1 of Short), wherein the first bottom side faces a first direction and the second bottom side faces a second direction opposite the first direction (Examiner Annotated Fig 1 of Short),
(ii) a peripheral frame horizontally extending in a frame plane and surrounding at least a portion of the bottom in the frame plane (Examiner Annotated Fig 1 of Short, the peripheral frame has a frame plane across the surface of the bottom peripheral frame surrounding a portion of the bottom in the frame plane that is location of the peripheral frame), wherein the bottom crosses the frame plane such that the first and second bottom sides respectively intersect the frame plane at a plurality of first intersections and a plurality of second intersections (Examiner Annotated Fig 1 of Short, the frame plane is adjacent to the peripheral frame and a first bottom side has side walls that intersect with the peripheral frame and frame plane),
(iii) a sidewall extending from the peripheral frame in the first direction and the second direction (Examiner Annotated Fig 1 of Short),
(iv) a first base chamber on the first bottom side at least partially defined by the sidewall and the first bottom side of the bottom (Examiner Annotated Fig 1 of Short), and
(v) a second base chamber on the second bottom side at least partially defined by the sidewall and the second bottom side of the bottom (Examiner Annotated Fig 1 of Short);
(b) a lid (Examiner Annotated Fig 1 of Short); and
(c) a [Not taught: dual] securement including a base securement portion positioned on the base (Examiner Annotated Fig 1 of Short, securement portion is located on base), [Not taught: wherein the base securement portion is configured to releasably connect the lid to the base in a first configuration such that the lid covers the first bottom side of the bottom to define a first inner storage space],
and
wherein the base securement portion is further configured to releasably connect the lid to the base in a second configuration such that the lid covers the second bottom side of the bottom to define a second inner storage space (Examiner Annotated Fig 1 of Short), the method comprising:
[Not taught: (a) selecting one of the first bottom side or the second bottom side to releasably connect the lid; and
(b) receiving the food through the frame plane and on the bottom in either of the selected one of the first bottom side or the second bottom side for storing the food within the container].
Short does not expressly disclose wherein the base securement allows the first or second bottom to be within the inner storage space
NPL 2007: https://www.youtube.com/watch?v=CgREfBcdFLQ by Pittser discloses a similar container that teaches a dual securement (Examiner Annotated Fig 2 of Short and Timestamp 0:25s-0:54s of Pittser, the base has a dual securement such that the base can be flipped and attached to the lid); wherein the base securement portion is configured to releasably connect the lid to the base in a first configuration such that the lid covers the first bottom side of the bottom to define a first inner storage space (Examiner Annotated Fig of Timestamp of 0:50s of Pittser and Timestamp 0:25s-0:54s of Pittser, the base has a dual securement such that the base can be flipped and attached to the lid such that the lid covers the first bottom side of the bottom that defines a first inner storage space);
the method comprising:
(a) selecting one of the first bottom side or the second bottom side to releasably connect the lid (Timestamp 0:25s-0:54s of Pittser); and
(b) releasably connecting the lid to the selected one of the first bottom side or the second bottom side thereby storing the food within the container (Timestamp 0:25s-0:54s of Pittser, both the first and second bottom sides can within the releasable lid; receiving the food through the bottom in either of the selected one of the first bottom side or the second bottom side for storing the food within the container).
(iv) a peripheral frame horizontally extending in a frame plane and surrounding the bottom, wherein each of the at least one first pocket and the at least one second pocket extend across the frame plane (Examiner Annotated Fig of Timestamp of 0:50s of Pittser; Timestamp 0:25s-0:54s, when Short is modified with Pittser so that the peripheral frame is equally distant between the first bottom side and second bottom side of the bottom such that at least one first pocket and second pocket extend across the frame plane).
It would have been obvious to a person having ordinary skill in the art having the teachings of Short and Pittser before them, when the application was filed, to have modified the container of Short to have the securement be a dual securement on the first and second bottom sides and to have the peripheral frame be centrally positioned between the first bottom side and second bottom side of the bottom such that the first and second pockets extend across the frame plane, as taught by Pittser, to advantageously be able to carry cupcakes or cake depending on what needs to be transported and to maintain the size of the container when the lid is on whether the first bottom side is covered or the second bottom side is covered.
Short as modified does not expressly disclose receiving the food through the frame plane and receiving the food through the frame plane and on the bottom in either of the selected one of the first bottom side or the second bottom side for storing the food within the container
The following is an examiner’s statement of reasons for allowance: the Prior art does not teach a method wherein the container receives the food THROUGH the frame plane and on the bottom in either of the selected one of the first bottom side or the second bottom side.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
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 JESSICA KAVINI TAMIL whose telephone number is (571)272-6655. The examiner can normally be reached 7:30am-5:00pm.
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/JESSICA KAVINI TAMIL/Examiner, Art Unit 3733
/NATHAN J JENNESS/Supervisory Patent Examiner, Art Unit 3733 24 June 2026
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