Prosecution Insights
Last updated: May 04, 2026
Application No. 18/279,053

LUNCHBOX

Non-Final OA §102§103§112
Filed
Aug 25, 2023
Priority
Feb 26, 2021 — nonprovisional of PCTIB2021051597
Examiner
LISOWSKI, JACEK
Art Unit
3741
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Faitron AG
OA Round
1 (Non-Final)
65%
Grant Probability
Favorable
1-2
OA Rounds
5m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 65% — above average
65%
Career Allowance Rate
145 granted / 222 resolved
-4.7% vs TC avg
Strong +41% interview lift
Without
With
+41.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
17 currently pending
Career history
239
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
56.6%
+16.6% vs TC avg
§102
14.5%
-25.5% vs TC avg
§112
26.3%
-13.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 222 resolved cases

Office Action

§102 §103 §112
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. This is in response to the above application filed on 25 August 2023. Claims 1-34 are pending. Claims 1-17 are canceled. Claims 18-34 are examined. Specification The disclosure is objected to because of the following informalities: The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. b. P. 3, “Fig. 3: another embodiment of the lunchbox according to Fig. 1;” is believed to be in error for – Fig. 3: another embodiments of control device; –. c. Appropriate correction is required. Drawings Figures 1-4 are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “a pressure compensation element is provided in the lid” must be shown or the feature(s) canceled from the claim 28. No new matter should be entered. Figures 1-4 are objected to, in accordance with 37 CFR 1.84(l), because the weight, density, and darkness of all lines and letters (dashed lines, solid lines, and text within and outside of shaded areas) are not heavy enough to permit adequate reproduction (the figures as filed are blurry). Figure 1 is objected to because reference character 13 “control electronics” does not appear to be pointing to elements they represent, and it is unclear what 13 in Fig. 1 represents. 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. Claim 28 is 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. Regarding Claim 28, the recitation “a pressure compensation element” (ll. 1-2) renders the claim indefinite because it is what the pressure compensation element is. Specification and the drawings do not disclose “a pressure compensation element” or provide description of what it is. Specification only mentions “An unspecified pressure equalization element”. It is not clear if the pressure equalization element is the same as “a pressure compensation element” or if it is different. Therefore, the scope of the claim is unascertainable. The foregoing is interpreted in accordance with the claim rejections below. Claim Rejections - 35 USC § 102 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 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 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. Claims 18-21, 24-26, 29-30, 32, and 34 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Akshay 2022/0354229. Regarding Claim 18 , Akshay teaches a lunchbox 100 for storing (store food articles), transporting, and heating (heating … of food article) of solid, paste-like, or liquid foodstuffs (heating … of food article) (Abstract; Fig. 1A-B), the lunchbox 100 comprising a lid 106 and a housing 102, which can essentially be connected (via clips 108) to one another ([0072]; Figs. 1A-B & 2), the lunchbox 100 further comprises an electric heating element 456 ([0085]; Fig. 4B), a device 110 for supplying power and controlling the supply of power (transfer of electric power) and operating modes (different modes – second mode, third mode and cooling/heating at defied times) ([0095-98]), and a sensor arrangement 404, 110 (arrangement comprised of control module 110 connected to temperature sensor 404) for temperature control of the heating element 456 ([0085]; Fig. 4B). Regarding Claim 19, Akshay teaches the invention as claimed and as discussed above for claim 18, and Akshay further teaches the heating element 456 has analog and/or digital control 110 and/or sensor control 110 ([0068-71]. Control module 110 is digital as it can include memory and processor and a digital sensor control as the module 110 monitors and maintains temperatures of containers). Regarding Claim 20, Akshay teaches the invention as claimed and as discussed above for claim 18, and Akshay further teaches the sensor arrangement 404, 110 has at least one analog or digital sensor 404 and at least one heat switch (inherent – part of control module 110) ([0068-71; 0085]. Control module 110 is digital as it can include memory and processor, and may comprise a user interface to store user inputs provided through the interface. The temperature sensor 404 is connected to the control module 110. Therefore, the temperature sensor 404 is a digital sensor that is connected to the control module 110. The heat switch inherently is on the user interface inside the control module through which user can provide input as part of monitoring and maintaining temperature of the container.). Regarding Claim 21, Akshay teaches the invention as claimed and as discussed above for claim 20, and Akshay further teaches a shell 104, 402 to accommodate the food to be heated can be arranged in the housing 102, and the shell 104, 402 has thermal insulation (thin layer of thermally conducting, electrical insulating material) ([0081; 0085-86]; Figs. 3A-B; 4A-B). Regarding Claim 24, Akshay teaches the invention as claimed and as discussed above for claim 18, and Akshay further teaches the lunchbox 100 can be controlled and operated offline by means of control electronics 110 on the lunchbox 100 ([0068-71; 0095-98]. C ontrol module 110 is arranged inside aperture 112 on top of the lunchbox 100, seen in Fig. 2) and/or online by means of an external control device 702 ([0099-101]; Fig. 7). Regarding Claim 25, Akshay teaches the invention as claimed and as discussed above for claim 18, and Akshay further teaches the lunchbox 100 is controllable via Bluetooth (Bluetooth transceiver radio, [0103-104, 0111]) or by means of an app (app) via a cell phone 702 ([0042, 0078, 0099-101]; Fig. 7) or a Cloud application (in the cloud/cloud network, [0102, 0106]). Regarding Claim 26, Akshay teaches the invention as claimed and as discussed above for claim 18, and Akshay further teaches the lid 106 and housing 102 can be connected one to the other in an overlying, friction-fit manner ( via clips 108, seen in Figs. 1A-B, [0072]) , or connected to one another in a hinged manner on one longitudinal side, a closure is provided on the opposite longitudinal side. Regarding Claim 29, Akshay teaches the invention as claimed and as discussed above for claim 18, and Akshay further teaches the lunchbox 100 comprises an upper shell (seen in Fig.1B), a lower shell 104 (seen in Fig. 1B), and a shell 104, 402 to accommodate the food to be heated which can be arranged in the housing 102 and the shell 104, 402 is insertable (received within the base 102) in the housing 102 or is fixedly arranged as the lower shell ([0072]; Abstract; Figs. 1A-B & 2) . Regarding Claim 30, Akshay teaches the invention as claimed and as discussed above for claim 18, and Akshay further teaches a shell 104, 402 to accommodate the food to be heated can be arranged in the housing 102, and the shell 104, 402 has thermal insulation with the thermal insulation and the heating element 456 extending at least above a base (seen in Fig. 4B) of shell 104, 402 and at least partially enclosing side walls (seen in Fig. 4B) of the shell 104, 402 ([0072; 0081; 0085-86]; Abstract; Figs. 1A-B & 2, 3A-B; 4A-B ) . Regarding Claim 32, Akshay teaches the invention as claimed and as discussed above for claim 18, and Akshay further teaches circumferential edge areas (seen in Figs. 1A-B) of the lid 106 and housing 102 are designed to correspond in shape and to fulfill a sealing function (seal the containers) (Abstract, [0072]; Figs. 1A-B & 2) . Regarding Claim 34, Akshay teaches the invention as claimed and as discussed above for claim 18, and Akshay further teaches the lunchbox 100 can be connected (via charging port 508, seen in Fig. 5) to a charging station (external power source) and at least one of the charging station and the lunchbox 100 is provided with a temperature indicator (inherent) [0068-71; 0075; 0085]. Control module 110 is digital as it can include memory and processor, and may comprise a user interface to store user inputs provided through the interface. Control module 110 monitors temperature time graph of the containers, controls and monitors the temperature. Therefore, the control module 110 inherently has temperature indicator as part of the temperature graph that is monitored on the interface.) and/or a weight detector. 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. The factual inquiries set forth in Graham v. John Deere Co. , 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness . Claims 33 is rejected under 35 U.S.C. 103 as being unpatentable over Akshay in view of Xu 2021/0015298. Regarding Claim 33, Akshay teaches the invention as claimed and as discussed above for claim 18. However, Akshay does not teach the electric heating element comprises a heating film. Xu teaches that the electric heating element (heating device) can be either electrical heating tubes, heaters with PTC characteristic, or electrical heating films ([0055]). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the electric heating element 456 of Akshay with Xu ’s electric heating element (heating device) that comprises a heating film (electrical heating film), because Xu teaches that electrical heating tubes, heaters with PTC characteristic, or electrical heating films are equivalent, and either one can be used as an electric heating element (Xu [0055]). Claims 18, 20-21, 23, 31 are rejected under 35 U.S.C. 103 as being unpatentable over Garvin 6144016 in view of Walton 4980539. Regarding Claim 18 , Garvin teaches a lunchbox 10 for storing, transporting, and heating of solid, paste-like, or liquid foodstuffs (Figs. 1-3 & 7), the lunchbox 10 comprising a lid 20 and a housing [a], which can essentially be connected to one another (via hinge, seen in Fig. 3 and in annotated Fig. 1) (Annotated Fig. 1, below), the lunchbox 10 further comprises an electric heating element 56 (Fig. 3), a device 55,58; 57, 59 for supplying power and controlling the supply of power (via switch 55) and operating modes (heating on, heating off) (Col 3, ll. 1-7; Col. 4, l. 48-Col. 5, l. 23; Col. 5, ll. 44-63; Figs. 1-3 & 7). Figure A: Annotated Fig. 1 of Garvin (U.S. 6144016) Garvin does not teach a sensor arrangement for temperature control of the heating element. Walton teaches a sensor arrangement 18, 28 for temperature control of the heating element 16 (Col. 2, l. 58-Col. 3, l. 26; Fig. 2) . It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to provide the lunchbox 10 of Garvin to include Walton’s sensor arrangement 18, 28 for temperature control of Garvin’s heating element 56, as taught by Walton, in order to detect temperature of beverage and provide data to the control circuit to regulate the current for a said temperature ( Walton Col. 3, ll. 8-10). Note, Walton’s temperature sensor 18 is applied for its stated and intended use of detecting temperature of heating element used for regulating current to control temperature of the element that is heated, and not for its location in the prior art. Regarding Claim 20, Garvin in view of Walton teaches the invention as claimed and as discussed above for claim 18. However, Garvin in view of Walton , as discussed so far, does not teach the sensor arrangement has at least one analog or digital sensor and at least one heat switch. Walton further teaches the sensor arrangement 18, 28 has at least one analog or digital sensor 18 and at least one heat switch 28 (Col. 2, l. 58-Col. 3, l. 26; Fig. 2) . It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the sensor arrangement 18, 28 of Garvin in view of Walton to have at least one analog or digital sensor 18 and at least one heat switch 28, as taught by Walton, for the same reason as discussed in rejection of claim 18 above. Regarding Claim 21, Garvin in view of Walton teaches the invention as claimed and as discussed above for claim 20, and Garvin further teaches a shell [b] ([b] comprised of materials surrounding chambers 16, 18 within walls 12, 34 and surrounding floors 22, 24, seen in annotated Fig. 1, below) to accommodate the food to be heated (seen in Fig. 1) can be arranged in the housing [a], and the shell [b] has thermal insulation (insulating material) (Col. 5, l. 64-Col. 4; Annotated Fig. 1, below). Figure A: Annotated Fig. 1 of Garvin (U.S. 6144016) Regarding Claim 23, Garvin in view of Walton teaches the invention as claimed and as discussed above for claim 18, and Garvin further teaches an integrated battery 58 and/or power connection socket 57, 59 for supplying power is arranged on a lower shell [b] of the lunchbox 10 ( Col. 5, ll. 44-63; Figs. 1-3) . Regarding Claim 31, Garvin in view of Walton teaches the invention as claimed and as discussed above for claim 18, and Garvin further teaches the lid 20 is provided with heat insulation (heat insulation is the material surrounding the spaces in the lid that surround the heating element 64, seen in Figs. 6-7) and an electric heating element 64 (Col. 6, ll. 11-21; Figs. 6-7). Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Garvin in view of Walton, and further in view of Lapidot 2022/0000318. Regarding Claim 22, Garvin in view of Walton teaches the invention as claimed and as discussed above for claim 21. However, Garvin in view of Walton , as discussed so far, does not teach the sensor arrangement further includes at least one analog or digital sensor and at least one heat switch are arranged close to the shell or outside of the shell. Walton further teaches the sensor arrangement 18, 28 further includes at least one analog or digital sensor 18 and at least one heat switch 28 are arranged close to the shell 10 or outside of the shell (Col. 2, l. 58-Col. 3, l. 26; Figs. 2-3) . It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the sensor arrangement 18, 28 of Garvin in view of Walton to further include at least one analog or digital sensor 18 and at least one heat switch 28 arranged close to the shell 10, as taught by Walton, for the same reason as discussed in rejection of claim 18 above. Garvin in view of Walton does not teach the sensor arrangement further includes an optical sensor arranged in an upper shell of the lunchbox. Lapidot teaches the sensor arrangement 120 further includes an optical sensor 120 arranged in an upper shell (seen in box #3 of Fig. 1) of the lunchbox 100 ([0056, 0097: Fig. 1). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the sensor arrangement 18, 28 of Garvin in view of Walton to include an optical sensor 120 arranged in an upper shell of the Garvin in view of Walton’s lunchbox 10, as taught by Lapidot , in order to detect, meter, measure and track of rot or decay of contents ( Lapidot [0097]). Claims 27-28 are rejected under 35 U.S.C. 103 as being unpatentable over Garvin in view of Walton, and further in view of Castner 2011/0240653. Regarding Claim 27, Garvin in view of Walton teaches the invention as claimed and as discussed above for claim 18, and Garvin further teaches a shell [b] ([b] comprised of materials surrounding chambers 16, 18 within walls 12, 34 and surrounding floors 22, 24, seen in annotated Fig. 1, below) to accommodate the food to be heated (seen in Fig. 1) can be arranged in the housing [a] and the shell is provided [b] with a circumferential edge area in an area of a partition (seen in Fig. 1) between the lid 20 and housing [a] (Annotated Fig. 1, below). Figure A: Annotated Fig. 1 of Garvin (U.S. 6144016) Garvin in view of Walton does not teach the shell is provided with a circumferential edge area in an area of a partition between the lid and housing, to which a sealing element is assigned. Castner teaches the shell 30 is provided with a circumferential edge area (seen in Fig. 4) in an area of a partition (seen in Fig. 4) between the lid 40 and housing (seen in Fig. 4), to which a sealing element 80, 82 is assigned ([0019-20; 0022-23]; Figs. 1 & 4). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to provide the shell [b] Garvin in view of Walton to include Castner’s sealing element 80, 82, in order to provide a good seal between compartments ( Castner [0023]). Regarding Claim 28, as best understood, Garvin in view of Walton teaches the invention as claimed and as discussed above for claim 18. However, Garvin in view of Walton does not teach pressure compensation element is provided in the lid. Castner teaches pressure compensation element 80,82 (resilient materials 80,82 provide a seal which is a pressure compensation element) is provided in the lid 40 ([0022-23]; Fig. 4). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to provide the shell [b] Garvin in view of Walton to include Castner’s pressure compensation element 80,82 in the lid 40, for the same reason as discussed in rejection of claim 27 above. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT JACEK LISOWSKI whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (408) 918-7635 . The examiner can normally be reached on FILLIN "Work schedule?" \* MERGEFORMAT Monday - Friday 10 am - 6 pm PST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Phutthiwat Wongwian can be reached on FILLIN "SPE Phone?" \* MERGEFORMAT (571) 270- 5426. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov . Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JACEK LISOWSKI/ Examiner, Art Unit 3741 /PHUTTHIWAT WONGWIAN/ Supervisory Patent Examiner, Art Unit 3741
Read full office action

Prosecution Timeline

Aug 25, 2023
Application Filed
Mar 28, 2026
Non-Final Rejection — §102, §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
65%
Grant Probability
99%
With Interview (+41.3%)
3y 1m (~5m remaining)
Median Time to Grant
Low
PTA Risk
Based on 222 resolved cases by this examiner. Grant probability derived from career allowance rate.

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