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 .
Drawings
The drawings were received on 9 January 2026. These drawings are acceptable.
The drawings are objected to as failing to comply with C.F.R 1.84(h)(3) because the plane upon which a sectional view is taken should be indicated on the view from which the section is cut by a broken line. The ends of the broken line should be designated by Arabic or Roman numerals corresponding to the view number of the sectional view, and should have arrows to indicate the direction of sight. Hatching must be used to indicate section portions of an object, and must be made by regularly spaced oblique parallel lines spaced sufficiently apart to enable the lines to be distinguished without difficulty. MPEP 608.02 V. Arrows indicating the direction of sight of line 25-25 in figure 20 appear to be reversed.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "145" and "146" have both been used to designate first outer wall.
The drawings are objected to because
D
3
of figure 14 no longer depicts the minimum radial distance between the first inner wall and the first outer wall as disclosed.
The drawings are objected to because D1 of figure 26 no longer depicts the radial distance across the rim.
The drawings are objected to because 106 does not indicate the sidewall in figures 38 and 42.
The drawings are objected to because 190 is not directed to the second outer end edge in figure 3.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 145, H3, D1, “102a, b”, “202a, b”, “302a, b”.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 508, 102a/b, 202a/b. 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. 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 Objections
Claim 18 is objected to because of the following informalities: “a same orientation” of line 3 should be corrected to “the same orientation”. Appropriate correction is required.
Claim 21 is objected to because of the following informalities: “a same orientation” of line 3 should be corrected to “the same orientation”. Appropriate correction is required.
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 (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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) 1-4, 7, and 15-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dees (US 20020175164).
Claim 1: Dees discloses a container comprising food containers 10 (first tray and a second tray), the container 210 (first tray) being releasably engageable with the container 210 (second tray) when the container 210 (second tray) is inverted relative to the container 210 (first tray), each container 210 (tray) having a substantially identical profile, for each container 210 (tray): the container 210 (tray) comprising a planar portion 212 (cover portion), a rim portion 216 (peripheral rim), and a sidewall 214 extending between and coupling the planar portion 212 (cover portion) and the rim portion 216 (rim); the rim portion 216 (rim) comprising a rim portion 254 (proximal segment) and a bead segment, the rim portion 254 (proximal segment) extending outwardly from the sidewall 214 to the bead segment; the bead segment comprising an U-shaped male ridge section 220 (upwardly-extending member) and a U-shaped female groove section 222 (downwardly-extending member); the U-shaped male ridge section 220 (upwardly-extending member) defining a first cavity and comprising a medial planar portion 276 (upper bead) spaced above the rim portion 254 (proximal segment); and the U-shaped female groove section 222 (downwardly-extending member) defining a second cavity and comprising a medial planar portion 262 (lower bead) spaced below the rim portion 254 (proximal segment); wherein, when the container 210 (first tray) engages the container 210 (second tray) inverted relative to the container 210 (first tray), the U-shaped male ridge section 220 (upwardly-extending member) of the bead segment of the container 210 (first tray) is received in the second cavity of the bead segment of the container 210 (second tray) and engages the U-shaped female groove section 222 (downwardly-extending member) of the bead segment of the container 210 (second tray), and the U-shaped male ridge section 220 (upwardly-extending member) of the bead segment of the container 210 (second tray) is received in the second cavity of the bead segment of the container 210 (first tray) and engages the U-shaped female groove section 222 (downwardly-extending member) of the bead segment of the container 210 (first tray); and wherein, when the container 210 (first tray) and the container 210 (second tray) are stacked in a same orientation, movement of the container 210 (first tray) and the container 210 (second tray) relative to one another is limited by at least one of: i) the medial planar portion 276 (upper bead) of the bead segment of the container 210 (first tray) engaging the rim portion 254 (proximal segment) of the container 210 (second tray), and ii) the medial planar portion 262 (lower bead) of the bead segment of the container 210 (second tray) engaging the rim portion 254 (proximal segment) of the container 210 (first tray) (see fig. 9B, annotated fig. 9A, 10, and 11 below).
The container of Dees inherently limits movement of the container 210 (first tray) and the container 210 (second tray) relative to one another by at least one of: i) the medial planar portion 276 (upper bead) of the bead segment of the container 210 (first tray) engaging the rim portion 254 (proximal segment) of the container 210 (second tray), and ii) the medial planar portion 262 (lower bead) of the bead segment of the container 210 (second tray) engaging the rim portion 254 (proximal segment) of the container 210 (first tray) when the container 210 (first tray) and the container 210 (second tray) are stacked in a same orientation as the prior art discloses a structurally identical container to the inventions claimed container, as the prior art discloses a sidewall 214 of the container 210 (second tray) which is sized and shaped to enable the sidewall 214 of the container 210 (second tray) to be substantially received in the interior of the container 210 (first tray) a sufficient depth without limiting downward movement of the container 210 (second tray) relative the container 210 (first tray) identically to the inventions disclosed sidewall, and as the prior art discloses an inner sidewall 274 (first inner wall) extending at an oblique angle such that the medial planar portion 276 (upper bead) extends a sufficient distance over the rim portion 254 (proximal segment) and such that when the containers 210 (first and second trays) are stacked in the same orientation, sufficient engagement between the medial planar portion 276 (upper bead) of the container 210 (first tray) and the rim portion 254 (proximal segment) of the container 210 (second tray) occurs to limit downward movement of the container 210 (second tray) relative to the container 210 (first tray) and a downwardly extending sidewall 260 (second inner wall) extends at an oblique angle such that the medial planar portion 262 (lower bead) of the container 210 (second tray) extends a sufficient distance over the rim portion 254 (proximal segment) of the container 210 (first tray) such that when the containers 210 (first and second trays) are stacked in the same orientation, sufficient engagement between the medial planar portion 262 (lower bead) of the container 210 (second tray) and the rim portion 254 (proximal segment) of the container 210 (first tray) occurs to limit downward movement of the container 210 (second tray) relative to the container 210 (first tray) identically to the inventions disclosure that the first inner wall 144 may extend at the oblique angle a such that the upper bead 122 extends a sufficient distance over the proximal segment 110 and such that, when the trays 102a and 102b are stacked in the same orientation, sufficient engagement between the upper bead 122 of the first tray 102a and the proximal segment 110 of the second tray 102b occurs to limit downward movement of the second tray relative to the first tray and that the second inner wall 148 may extend at the oblique angle <p such that the lower bead 126 extends a sufficient distance over the proximal segment 110 and such that, when the trays 102a and 102b are stacked in the same orientation, sufficient engagement between the lower bead 126 of the second tray 102b and the proximal segment 110 of the first tray 102a occurs to limit downward movement of the second tray relative to the first tray. If there is any difference, the difference must be minor and obvious. The burden is shifted to applicants to show that movement of the container 210 (first tray) and the container 210 (second tray) relative to one another is not limited by at least one of: i) the medial planar portion 276 (upper bead) of the bead segment of the container 210 (first tray) engaging the rim portion 254 (proximal segment) of the container 210 (second tray), and ii) the medial planar portion 262 (lower bead) of the bead segment of the container 210 (second tray) engaging the rim portion 254 (proximal segment) of the container 210 (first tray) when the container 210 (first tray) and the container 210 (second tray) are stacked in a same orientation. Otherwise a prima facie case of anticipation has been established.
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Claim 2: Dees discloses wherein, for each container 210 (tray), the U-shaped male ridge section 220 (upwardly-extending member) extends between first and second ends and the U-shaped female groove section 222 (downwardly-extending member) extends between first and second ends, the first end of the U-shaped female groove section 222 (downwardly-extending member) being located proximate the second end of the U-shaped male ridge section 220 (upwardly-extending member), the second end of the U-shaped female groove section 222 (downwardly-extending member) being located proximate the first end of the U-shaped male ridge section 220 (upwardly-extending member) (see annotated fig. 9A above).
Claim 3: Dees discloses wherein the U-shaped female groove section 222 (downwardly-extending member) and the U-shaped male ridge section 220 (upwardly-extending member) extend an approximately equal distance between the respective first and second ends (see annotated fig. 9A above).
Claim 4: Dees discloses wherein the U-shaped female groove section 222 (downwardly-extending member) and the U-shaped male ridge section 220 (upwardly-extending member) each extend continuously between the respective first and second ends (see annotated fig. 9A above).
Claim 7: Dees discloses wherein, when the container 210 (first tray) engages the container 210 (second tray), the sidewalls 214 and the planar portions 212 (cover portions) define an interior volume of the container, and the rim portion 254 (proximal segment) of the rim portions 216 (rims) of the containers 210 (first and second trays) are in face-to-face contact to substantially seal the interior volume (see fig. 9B).
Claim 15: Dees discloses container comprising food containers 10 (first tray and a second tray), the container 210 (first tray) being releasably engageable with the container 210 (second tray) when the container 210 (second tray) is inverted relative to the container 210 (first tray), each container 210 (tray) having a substantially identical profile, for each container 210 (tray): the container 210 (tray) comprising a planar portion 212 (cover portion), a rim portion 216 (peripheral rim), and a sidewall 214 extending between and coupling the planar portion 212 (cover portion) and the rim portion 216 (rim); the rim portion 216 (rim) comprising a rim portion 254 (proximal segment), a bead segment, and a second outwardly extending rim portion 268 (distal segment), the rim portion 254 (proximal segment) extending outwardly from the sidewall 214 to the bead segment, the second outwardly extending rim portion 268 (distal segment) extending outwardly from the bead segment opposite the rim portion 254 (proximal segment); the bead segment comprising an U-shaped male ridge section 220 (upwardly-extending member) and a U-shaped female groove section 222 (downwardly-extending member); the U-shaped male ridge section 220 (upwardly-extending member) of the bead segment comprising an inner sidewall 274 (first inner wall) extending upwardly from the rim portion 254 (proximal segment) to an medial planar portion 276 (upper bead) and an outer sidewall 278 (first outer wall) extending downwardly from the medial planar portion 276 (upper bead) to the second outwardly extending rim portion 268 (distal segment), wherein the inner sidewall 274 (first inner wall), the medial planar portion 276 (upper bead), and the outer sidewall 278 (first outer wall) define a first cavity, wherein a greater distance is defined between the inner sidewall 274 (first inner wall) and the outer sidewall 278 (first outer wall) proximate the medial planar portion 276 (upper bead) than a distance defined between the inner sidewall 274 (first inner wall) and the outer sidewall 278 (first outer wall) proximate an opening to the first cavity; and the U-shaped female groove section 222 (downwardly-extending member) of the bead segment comprising a downwardly extending sidewall 260 (second inner wall) extending downwardly from the rim portion 254 (proximal segment) to a medial planar portion 262 (lower bead) and an outer undercut sidewall 264 (second outer wall) extending upwardly from the medial planar portion 262 (lower bead) to the second outwardly extending rim portion 268 (distal segment), wherein the downwardly extending sidewall 260 (second inner wall), the medial planar portion 262 (lower bead), and the outer undercut sidewall 264 (second outer wall) define a second cavity, wherein a greater distance is defined between the downwardly extending sidewall 260 (second inner wall) and the outer undercut sidewall 264 (second outer wall) proximate the medial planar portion 262 (lower bead) than a distance defined between the downwardly extending sidewall 260 (second inner wall) and the outer undercut sidewall 264 (second outer wall) proximate an opening to the second cavity; wherein, when the container 210 (first tray) engages the container 210 (second tray) inverted relative to the container 210 (first tray): the medial planar portion 276 (upper bead), the inner sidewall 274 (first inner wall), and the outer sidewall 278 (first outer wall) of the U-shaped male ridge section 220 (upwardly-extending member) of the bead segment of the container 210 (first tray) are received in the second cavity of the bead segment of the container 210 (second tray) and the inner sidewall 274 (first inner wall) of the U-shaped male ridge section 220 (upwardly-extending member) of the container 210 (first tray) engages the downwardly extending sidewall 260 (second inner wall) of the U-shaped female groove section 222 (downwardly-extending member) of the container 210 (second tray) by friction, and the medial planar portion 276 (upper bead), the inner sidewall 274 (first inner wall), and the outer sidewall 278 (first outer wall) of the U-shaped male ridge section 220 (upwardly-extending member) of the bead segment of the container 210 (second tray) are received in the second cavity of the bead segment of the container 210 (first tray) and the inner sidewall 274 (first inner wall) of the U-shaped male ridge section 220 (upwardly-extending member) of the container 210 (second tray) engages the downwardly extending sidewall 260 (second inner wall) of the U-shaped female groove section 222 (downwardly-extending member) of the container 210 (first tray) by friction; wherein, when the container 210 (first tray) and the container 210 (second tray) are stacked in a same orientation, movement of the container 210 (first tray) and the container 210 (second tray) relative to one another is limited by at least one of: i) the medial planar portion 276 (upper bead) of the bead segment of the container 210 (first tray) engaging at least one of the rim portion 254 (proximal segment) and the second outwardly extending rim portion 268 (distal segment) of the container 210 (second tray), and ii) the medial planar portion 262 (lower bead) of the bead segment of the container 210 (second tray) engaging at least one of the rim portion 254 (proximal segment) and the second outwardly extending rim portion 268 (distal segment) of the container 210 (first tray) (see fig. 9B, annotated fig. 9A, 10, and 11 above).
The container of Dees inherently limits movement of the container 210 (first tray) and the container 210 (second tray) relative to one another by at least one of: i) the medial planar portion 276 (upper bead) of the bead segment of the container 210 (first tray) engaging the rim portion 254 (proximal segment) of the container 210 (second tray), and ii) the medial planar portion 262 (lower bead) of the bead segment of the container 210 (second tray) engaging the rim portion 254 (proximal segment) of the container 210 (first tray) when the container 210 (first tray) and the container 210 (second tray) are stacked in a same orientation as the prior art discloses a structurally identical container to the inventions claimed container, as the prior art discloses a sidewall 214 of the container 210 (second tray) which is sized and shaped to enable the sidewall 214 of the container 210 (second tray) to be substantially received in the interior of the container 210 (first tray) a sufficient depth without limiting downward movement of the container 210 (second tray) relative the container 210 (first tray) identically to the inventions disclosed sidewall, and as the prior art discloses an inner sidewall 274 (first inner wall) extending at an oblique angle such that the medial planar portion 276 (upper bead) extends a sufficient distance over the rim portion 254 (proximal segment) and such that when the containers 210 (first and second trays) are stacked in the same orientation, sufficient engagement between the medial planar portion 276 (upper bead) of the container 210 (first tray) and the rim portion 254 (proximal segment) of the container 210 (second tray) occurs to limit downward movement of the container 210 (second tray) relative to the container 210 (first tray), a downwardly extending sidewall 260 (second inner wall) extends at an oblique angle such that the medial planar portion 262 (lower bead) of the container 210 (second tray) extends a sufficient distance over the rim portion 254 (proximal segment) of the container 210 (first tray) such that when the containers 210 (first and second trays) are stacked in the same orientation, sufficient engagement between the medial planar portion 262 (lower bead) of the container 210 (second tray) and the rim portion 254 (proximal segment) of the container 210 (first tray) occurs to limit downward movement of the container 210 (second tray) relative to the container 210 (first tray), an outer sidewall 278 (first outer wall) extending at the oblique angle such that the medial planar portion 276 (upper bead) extends a sufficient distance over the second outwardly extending rim portion 268 (distal segment) such that, when the containers 210 (first and second trays) are stacked in the same orientation, sufficient engagement between the medial planar portion 276 (upper bead) of the container 210 (first tray) and the second outwardly extending rim portion 268 (distal segment) of the container 210 (second tray) occurs to restrict (e.g., limit or inhibit) downward movement of the container 210 (second tray) relative to the container 210 (first tray), and an outer undercut sidewall 264 (second outer wall) extending at the oblique angle such that the medial planar portion 262 (lower bead) extends a sufficient distance over the second outwardly extending rim portion 268 (distal segment) such that, when the containers 210 (first and second trays) are stacked in the same orientation, sufficient engagement between the medial planar portion 262 (lower bead) of the container 210 (second tray) and the second outwardly extending rim portion 268 (distal segment) of the container 210 (first tray) occurs to restrict (e.g., limit or inhibit) downward movement of the container 210 (second tray) relative to the container 210 (first tray) identically to the inventions disclosure that the first inner wall 144 may extend at the oblique angle a such that the upper bead 122 extends a sufficient distance over the proximal segment 110 and such that, when the trays 102a and 102b are stacked in the same orientation, sufficient engagement between the upper bead 122 of the first tray 102a and the proximal segment 110 of the second tray 102b occurs to limit downward movement of the second tray relative to the first tray, that the second inner wall 148 may extend at the oblique angle <p such that the lower bead 126 extends a sufficient distance over the proximal segment 110 and such that, when the trays 102a and 102b are stacked in the same orientation, sufficient engagement between the lower bead 126 of the second tray 102b and the proximal segment 110 of the first tray 102a occurs to limit downward movement of the second tray relative to the first tray, that the first outer wall 146 may extend at the oblique angle p such that the upper bead 122 extends a sufficient distance over the distal segment 114 and such that, when the trays 102a and 102b are stacked in the same orientation, sufficient engagement between the upper bead 122 of the first tray 102a and the distal segment 114 of the second tray 102b occurs to restrict (e.g., limit or inhibit) downward movement of the second tray relative to the first tray, and that the second outer wall 150 may extend at the oblique angle 0 such that the lower bead 126 extends a sufficient distance over the distal segment 114 and such that, when the trays 102a and 102b are stacked in the same orientation, sufficient engagement between the lower bead 126 of the second tray 102b and the distal segment 114 of the first tray 102a occurs to restrict (e.g., limit or inhibit) downward movement of the second tray relative to the first tray. If there is any difference, the difference must be minor and obvious. The burden is shifted to applicants to show that movement of the container 210 (first tray) and the container 210 (second tray) relative to one another is not limited by at least one of: i) the medial planar portion 276 (upper bead) of the bead segment of the container 210 (first tray) engaging the rim portion 254 (proximal segment) of the container 210 (second tray), and ii) the medial planar portion 262 (lower bead) of the bead segment of the container 210 (second tray) engaging the rim portion 254 (proximal segment) of the container 210 (first tray) when the container 210 (first tray) and the container 210 (second tray) are stacked in a same orientation. Otherwise a prima facie case of anticipation has been established.
Claim 16: Dees discloses wherein, for the bead segment of each container 210 (tray): the inner sidewall 274 (first inner wall) of the U-shaped male ridge section 220 (upwardly-extending member) extends upwardly from the rim portion 254 (proximal segment) to the medial planar portion 276 (upper bead) at an oblique angle, relative to the rim portion 254 (proximal segment), towards the sidewall 214 such that the greater distance between the inner sidewall 274 (first inner wall) and the outer sidewall 278 (first outer wall) is defined proximate the medial planar portion 276 (upper bead), and the downwardly extending sidewall 260 (second inner wall) of the U-shaped female groove section 222 (downwardly-extending member) extends downwardly from the rim portion 254 (proximal segment) to the medial planar portion 262 (lower bead) at an oblique angle, relative to the rim portion 254 (proximal segment), towards the sidewall 214 such that the greater distance between the downwardly extending sidewall 260 (second inner wall) and the outer undercut sidewall 264 (second outer wall) is defined proximate the medial planar portion 262 (lower bead) (see fig. 10-11).
Claim 17: Dees discloses wherein the inner sidewall 274 (first inner wall) extends at approximately the same oblique angle as the downwardly extending sidewall 260 (second inner wall) (see fig. 10-11 and 9B).
Claim 21: Dees discloses wherein the sidewalls 214 of the container 210 (first tray) and the container 210 (second tray) are shaped such that, when the container 210 (first tray) and the container 210 (second tray) are stacked in a same orientation, downward movement of the container 210 (second tray) relative to the container 210 (first tray) is not limited by frictional engagement between the sidewalls 210 (see fig. 9A, 9B, 10, and 11).
Claim(s) 1, 2, and 7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dees (US 20040144781).
Claim 1: Dees discloses a container comprising a first container 10 (first tray) and a second container 12 (second tray), the first container 10 (first tray) being releasably engageable with the second container 12 (second tray) when the second container 12 (second tray) is inverted relative to the first container 10 (first tray), each first and second container 10, 12 (tray) having a substantially identical profile, for each first and second container 10, 12 (tray): the first and second container 10, 12 (tray) comprising a flat portion 24 (cover portion), a peripheral rim 15, and a sidewall 13 extending between and coupling the flat portion 24 (cover portion) and the rim 15; the rim 15 comprising a proximal segment and a bead segment, the proximal segment extending outwardly from the sidewall 13 to the bead segment; the bead segment comprising a male ridge section 16 (upwardly-extending member) and a female groove section 18 (downwardly- extending member); the male ridge section 16 (upwardly-extending member) defining a first cavity and comprising an upper bead spaced above the proximal segment; and the female groove section 18 (downwardly- extending member) defining a second cavity and comprising a lower bead spaced below the proximal segment; wherein, when the first container 10 (first tray) engages the second container 12 (second tray) inverted relative to the first container 10 (first tray), the male ridge section 16 (upwardly-extending member) of the bead segment of the first container 10 (first tray) is received in the second cavity of the bead segment of the second container 12 (second tray) and engages the female groove section 18 (downwardly- extending member) of the bead segment of the second container 12 (second tray), and the male ridge section 16 (upwardly-extending member) of the bead segment of the second container 12 (second tray) is received in the second cavity of the bead segment of the first container 10 (first tray) and engages the female groove section 18 (downwardly- extending member) of the bead segment of the first container 10 (first tray); and wherein, when the first container 10 (first tray) and the second container 12 (second tray) are stacked in a same orientation, movement of the first container 10 (first tray) and the second container 12 (second tray) relative to one another is limited by at least one of: i) the upper bead of the bead segment of the first container 10 (first tray) engaging the proximal segment of the second container 12 (second tray), and ii) the lower bead of the bead segment of the second container 12 (second tray) engaging the proximal segment of the first container 10 (first tray) (see fig. 4 and annotated fig. 1, 3A, and 4A below).
The container of Dees inherently limits movement of the first container 10 (first tray) and the container 210 (second tray) relative to one another by at least one of: i) the upper bead of the bead segment of the first container 10 (first tray) engaging the proximal segment of the second container 12 (second tray), and ii) the lower bead of the bead segment of the second container 12 (second tray) engaging the proximal segment of the first container 10 (first tray) when the first container 10 (first tray) and the second container 12 (second tray) are stacked in a same orientation as the prior art discloses a structurally identical container to the inventions claimed container, as the prior art discloses a sidewall 13 of the container 210 (second tray) which is sized and shaped to enable the sidewall 13 of the container 210 (second tray) to be substantially received in the interior of the first container 10 (first tray) a sufficient depth without limiting downward movement of the container 210 (second tray) relative the first container 10 (first tray) identically to the inventions disclosed sidewall, and as the prior art discloses a maximum radial distance defined between the first inner wall and the first outer wall proximate the upper bead that is greater than the minimum radial distance defined proximate the opening to the first cavity and a maximum radial distance defined between the second inner wall and the second outer wall proximate the lower bead that is greater than the minimum radial distance defined proximate the opening to the second cavity identically to the inventions disclosure that the maximum radial distance D2 is defined between the first inner wall 144 and the first outer wall 146 proximate the upper bead 122 that is greater than the minimum radial distance D3 defined proximate the opening 152 to the first cavity 120 and that the maximum radial distance D4 is defined between the second inner wall 148 and the second outer wall 150 proximate the lower bead 126 that is greater than the minimum radial distance D5 defined proximate the opening 154 to the second cavity 124. If there is any difference, the difference must be minor and obvious. The burden is shifted to applicants to show that movement of the container 210 (first tray) and the container 210 (second tray) relative to one another is not limited by at least one of: i) the medial planar portion 276 (upper bead) of the bead segment of the container 210 (first tray) engaging the rim portion 254 (proximal segment) of the container 210 (second tray), and ii) the medial planar portion 262 (lower bead) of the bead segment of the container 210 (second tray) engaging the rim portion 254 (proximal segment) of the container 210 (first tray) when the container 210 (first tray) and the container 210 (second tray) are stacked in a same orientation. Otherwise a prima facie case of anticipation has been established.
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Claim 2: Dees discloses wherein, for each first and second container 10, 12 (tray), the male ridge section 16 (upwardly-extending member) extends between first and second ends and the female groove section 18 (downwardly- extending member) extends between first and second ends, the first end of the female groove section 18 (downwardly- extending member) being located proximate the second end of the male ridge section 16 (upwardly-extending member), the second end of the female groove section 18 (downwardly- extending member) being located proximate the first end of the male ridge section 16 (upwardly-extending member) (see annotated fig. 1 above).
Claim 7: Dees discloses wherein, when the first container 10 (first tray) engages the second container 12 (second tray), the sidewalls 13 and the flat portions 24 (cover portions) define an interior volume of the container, and the proximal segments of the rims 15 of the first and second container 10, 12 (first and second trays) are in face-to-face contact to substantially seal the interior volume (see annotated fig. 1 above and fig. 4).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dees (US 20020175164) as applied to claim 1 above, and further in view of Yeager (US 5353935).
Claim 14: Dees discloses the claimed invention except wherein, for each tray, the sidewall includes at least one outwardly-extending denesting lug adjacent the proximal segment, and wherein, when the first tray and the second tray are stacked in the same orientation, the at least one denesting lug of the second tray engages the rim of the first tray to limit movement of the first tray and the second tray relative to one another.
Yeager teaches a package 20 having a sidewall and rear flange 48, wherein the sidewall includes at least one outwardly-extending denesting lug 60 adjacent the rear flange 48, and wherein, when packages 20 are stacked in the same orientation, the at least one denesting lug 60 of one cover 20 engages the rear flange 48 of another package 20 to limit movement of the packages 20 relative to one another (see fig. 1 and 6).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified each container 210 (tray) to have at least one outwardly-extending denesting lug 60 on the sidewall 214 and adjacent the rim portion 254 (proximal segment), as taught by Yeager, in order to space apart stacked containers 210 (trays) to permit a user or machine to more readily grasp individual containers 210 (trays).
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dees (US 20020175164) as applied to claim 15 above, and further in view of Yeager (US 5353935).
Claim 18: See claim 14 above.
Claim(s) 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dees (US 20020175164) further in view of Yeager (US 5353935).
Claim 19: Dees discloses a container comprising food containers 10 (first tray and a second tray), the container 210 (first tray) being releasably engageable with the container 210 (second tray) when the container 210 (second tray) is inverted relative to the container 210 (first tray), each container 210 (tray) having a substantially identical profile, for each container 210 (tray): the container 210 (tray) comprising a planar portion 212 (cover portion), a rim portion 216 (peripheral rim), and a sidewall 214 extending between and coupling the planar portion 212 (cover portion) and the rim portion 216 (rim); the rim portion 216 (rim) comprising a rim portion 254 (proximal segment) and a bead segment, the rim portion 254 (proximal segment) extending outwardly from the sidewall 214 to the bead segment; the bead segment comprising an U-shaped male ridge section 220 (upwardly-extending member) and a U-shaped female groove section 222 (downwardly-extending member), wherein the U-shaped male ridge section 220 (upwardly-extending member) defines a first cavity and comprises a medial planar portion 276 (upper bead) spaced above the rim portion 254 (proximal segment), and wherein the U-shaped female groove section 222 (downwardly-extending member) defines a second cavity and comprises a medial planar portion 262 (lower bead) spaced below the rim portion 254 (proximal segment); wherein, when the container 210 (first tray) engages the container 210 (second tray) inverted relative to the container 210 (first tray), the U-shaped male ridge section 220 (upwardly-extending member) of the bead segment of the container 210 (first tray) is received in the second cavity of the bead segment of the container 210 (second tray) and engages the U-shaped female groove section 222 (downwardly-extending member) of the bead segment of the container 210 (second tray), and the U-shaped male ridge section 220 (upwardly-extending member) of the bead segment of the container 210 (second tray) is received in the second cavity of the bead segment of the container 210 (first tray) and engages the U-shaped female groove section 222 (downwardly-extending member) of the bead segment of the container 210 (first tray); and wherein, when the container 210 (first tray) and the container 210 (second tray) are stacked in a same orientation, movement of the container 210 (first tray) and the container 210 (second tray) relative to one another is limited by at least one of: i) the medial planar portion 276 (upper bead) of the bead segment of the container 210 (first tray) engaging the rim portion 254 (proximal segment) of the container 210 (second tray), and ii) the medial planar portion 262 (lower bead) of the bead segment of the container 210 (second tray) engaging the rim portion 254 (proximal segment) of the container 210 (first tray) (see fig. 9B, annotated fig. 9A, 10, and 11 above).
The container of Dees inherently limits movement of the container 210 (first tray) and the container 210 (second tray) relative to one another by at least one of: i) the medial planar portion 276 (upper bead) of the bead segment of the container 210 (first tray) engaging the rim portion 254 (proximal segment) of the container 210 (second tray), and ii) the medial planar portion 262 (lower bead) of the bead segment of the container 210 (second tray) engaging the rim portion 254 (proximal segment) of the container 210 (first tray) when the container 210 (first tray) and the container 210 (second tray) are stacked in a same orientation as the prior art discloses a structurally identical container to the inventions claimed container, as the prior art discloses a sidewall 214 of the container 210 (second tray) which is sized and shaped to enable the sidewall 214 of the container 210 (second tray) to be substantially received in the interior of the container 210 (first tray) a sufficient depth without limiting downward movement of the container 210 (second tray) relative the container 210 (first tray) identically to the inventions disclosed sidewall, and as the prior art discloses an inner sidewall 274 (first inner wall) extending at an oblique angle such that the medial planar portion 276 (upper bead) extends a sufficient distance over the rim portion 254 (proximal segment) and such that when the containers 210 (first and second trays) are stacked in the same orientation, sufficient engagement between the medial planar portion 276 (upper bead) of the container 210 (first tray) and the rim portion 254 (proximal segment) of the container 210 (second tray) occurs to limit downward movement of the container 210 (second tray) relative to the container 210 (first tray) and a downwardly extending sidewall 260 (second inner wall) extends at an oblique angle such that the medial planar portion 262 (lower bead) of the container 210 (second tray) extends a sufficient distance over the rim portion 254 (proximal segment) of the container 210 (first tray) such that when the containers 210 (first and second trays) are stacked in the same orientation, sufficient engagement between the medial planar portion 262 (lower bead) of the container 210 (second tray) and the rim portion 254 (proximal segment) of the container 210 (first tray) occurs to limit downward movement of the container 210 (second tray) relative to the container 210 (first tray) identically to the inventions disclosure that the first inner wall 144 may extend at the oblique angle a such that the upper bead 122 extends a sufficient distance over the proximal segment 110 and such that, when the trays 102a and 102b are stacked in the same orientation, sufficient engagement between the upper bead 122 of the first tray 102a and the proximal segment 110 of the second tray 102b occurs to limit downward movement of the second tray relative to the first tray and that the second inner wall 148 may extend at the oblique angle <p such that the lower bead 126 extends a sufficient distance over the proximal segment 110 and such that, when the trays 102a and 102b are stacked in the same orientation, sufficient engagement between the lower bead 126 of the second tray 102b and the proximal segment 110 of the first tray 102a occurs to limit downward movement of the second tray relative to the first tray. If there is any difference, the difference must be minor and obvious. The burden is shifted to applicants to show that movement of the container 210 (first tray) and the container 210 (second tray) relative to one another is not limited by at least one of: i) the medial planar portion 276 (upper bead) of the bead segment of the container 210 (first tray) engaging the rim portion 254 (proximal segment) of the container 210 (second tray), and ii) the medial planar portion 262 (lower bead) of the bead segment of the container 210 (second tray) engaging the rim portion 254 (proximal segment) of the container 210 (first tray) when the container 210 (first tray) and the container 210 (second tray) are stacked in a same orientation. Otherwise a prima facie case of anticipation has been established.
Dees does not disclose the sidewall including at least one outwardly-extending denesting lug located adjacent the proximal segment of the rim; and wherein, when the first tray and the second tray are stacked in a same orientation, movement of the first tray and the second tray relative to one another is limited by the at least one denesting lug of the second tray engaging the rim of the first tray.
Yeager teaches a package 20 having a sidewall and rear flange 48, wherein the sidewall includes at least one outwardly-extending denesting lug 60 adjacent the rear flange 48, and wherein, when packages 20 are stacked in the same orientation, the at least one denesting lug 60 of one cover 20 engages the rear flange 48 of another package 20 to limit movement of the packages 20 relative to one another (see fig. 1 and 6).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified each container 210 (tray) to have at least one outwardly-extending denesting lug 60 on the sidewall 214 and adjacent the rim portion 254 (proximal segment), as taught by Yeager, in order to space apart stacked containers 210 (trays) to permit a user or machine to more readily grasp individual containers 210 (trays).
Claim 20: The combination discloses wherein, for each container 210 (tray), the rim portion 216 (rim) comprises a second outwardly extending rim portion 268 (distal segment) extending outwardly from the bead segment opposite the rim portion 254 (proximal segment) and the at least one denesting lug 60 extends a height along the sidewall 214 away from the rim portion 254 (proximal segment), the height of the at least one denesting lug 60 defining a denesting height between the second outwardly extending rim portions 268 (distal segments) of the containers 210 (first and second trays) when the containers 210 (first and second trays) are stacked in the same orientation that enables a user to grasp the second outwardly extending rim portions 268 (distal segments) individually (see fig. 6 ‘935).
Claim(s) 5-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dees (US 20040144781) as applied to claim 2 above, and further in view of Mannix (US 3835281).
Claim 5: Dees discloses wherein, when the first container 10 (first tray) engages the second container 12 (second tray), the sidewalls 13 and the flat portions 24 (cover portions) define an interior volume of the container, the proximal segments of the rims 15 of the first container 10 and second container 12 (first and second trays) are in face-to-face contact to substantially seal the interior volume, wherein the rim 15 has a planar portion between the first end of the female groove section 18 (downwardly- extending member) and the second end of the male ridge section 16 (upwardly-extending member) and between the second end of the female groove section 18 (downwardly- extending member) and the first end of the male ridge section 16 (upwardly-extending member) (see annotated fig. 1 above).
Dees does not disclose wherein the rim of at least one of the first tray and the second tray defines at least one vent channel that is in communication with the interior volume when the first tray engages the second tray.
Mannix teaches a container 10 formed by first and second container elements 12 and 14 which are substantially mirror images of each other, wherein container elements 12 & 14 have a planar sealing rim 20 which have grooves 42 (vent channels) in communication with an interior volume when the first container element 12 engages the second container element 14 (see fig. 1, 3, and C. 58-62 & C. 4 L. 27-31).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the planar portions of the rims 15 of the first container 10 and second container 12 (first and second trays) to have grooves 42 (vent channels), as taught by Mannix, in order to permit the internal pressure to be vented to the exterior of the container.
Claim 6: The combination discloses wherein, for each first and second container 10, 12 (tray), the grooves 42 (vent channels) extend between the first end of the female groove section 18 (downwardly- extending member) and the second end of the male ridge section 16 (upwardly-extending member) or between the second end of the female groove section 18 (downwardly- extending member) and the first end of the male ridge section 16 (upwardly-extending member) (see annotated fig. 1 above and fig. 1 & 3 ‘281).
Claim(s) 8, 9, 12, and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dees (US 20040144781) as applied to claim 7 above, and further in view of Mannix (US 3835281).
Claim 8: Dees discloses wherein the rim 15 has a planar portion between the first end of the female groove section 18 (downwardly- extending member) and the second end of the male ridge section 16 (upwardly-extending member) and between the second end of the female groove section 18 (downwardly- extending member) and the first end of the male ridge section 16 (upwardly-extending member) (see annotated fig. 1 above).
Dees does not disclose wherein at least one vent channel is defined in the rim of at least one of the first tray and the second tray, and wherein the at least one vent channel is in communication with the interior volume when the first tray engages the second tray.
Mannix teaches a container 10 formed by first and second container elements 12 and 14 which are substantially mirror images of each other, wherein container elements 12 & 14 have a planar sealing rim 20 which have grooves 42 (vent channels) in communication with an interior volume when the first container element 12 engages the second container element 14, wherein grooves 42 (vent channels) in the first container element 12 are aligned with grooves 42 (vent channels) in the second container element (see fig. 1, 3, and C. 58-62 & C. 4 L. 27-31).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the planar portions of the rims 15 of the first container 10 and second container 12 (first and second trays) to have aligned grooves 42 (vent channels), as taught by Mannix, in order to permit the internal pressure to be vented to the exterior of the container.
Claim 9: The combination discloses wherein the rim 15 of each first and second container 10, 12 (tray) has a distal segment extending outwardly from the bead segment opposite the proximal segment, the distal segment defining a peripheral edge of the rim 15, wherein the grooves 42 (vent channels) are defined in the distal segment (see annotated fig. 1 above and fig. 1 & 3 ‘281).
Claim 12: The combination discloses wherein at least one groove 42 (first vent channel) is defined in the rim 15 of the first container 10 (first tray) and at least one groove 42 (second vent channel) is defined in the rim 15 of the second container 12 (second tray), wherein each of the at least one groove 42 (first vent channel) and the at least one groove 42 (second vent channel) is in communication with the interior volume when the first container 10 (first tray) engages the second container 12 (second tray) (see fig. 1 & 3 ‘281).
Claim 13: The combination discloses wherein the at least one groove 42 (first vent channel) is aligned with the at least one groove 42 (second vent channel) when the first container 10 (first tray) engages the second container 12 (second tray) (see fig. 1 & 3 ‘281).
Claim(s) 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dees (US 20020175164) as applied to claim 7 above, and further in view of Pohlman (US 20190344936).
Claim 8: Dees does not disclose wherein at least one vent channel is defined in the rim of at least one of the first tray and the second tray, and wherein the at least one vent channel is in communication with the interior volume when the first tray engages the second tray.
Pohlman teaches a container 1 that includes a lid 2 and base 3, wherein one or more vent channels 50 are formed in either or both of the lid rim 4 or base rim 5, wherein the vent channels 50 are in communication with an interior volume of the container when the lid 2 engages the base 3, and wherein the vent channels 50 are defined in a top segment 14 and terminate prior to a peripheral edge of the top segment (see fig. 1, 3, & 6).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the rim portion 216 (rim) of at least one of the containers 210 (first tray and second tray) to have a vent channels 50 that terminates prior to a peripheral edge of the rim portion 216 (rim) and that is in communication with the interior volume when the container 210 (first tray) engages the container 210 (second tray), as taught by Pohlman, in order to permit to allow egress of gases and vapors upon pressure in the container reaching a certain level without manually repositioning the containers 210 (first tray and second tray).
Claim 9: The combination discloses wherein the rim portion 216 (rim) of each container 210 (tray) has a second outwardly extending rim portion 268 (distal segment) extending outwardly from the bead segment opposite the rim portion 254 (proximal segment), the second outwardly extending rim portion 268 (distal segment) defining a peripheral edge [as the fourth transition 272 and downwardly extending lip 270 are optional; see P. 0062] of the rim portion 216 (rim), wherein the at least one vent channel 50 is defined in the second outwardly extending rim portion 268 (distal segment) (see fig. 3 & 6 ‘936).
Claim 10: The combination discloses wherein the at least one vent channel 50 terminates prior to the peripheral edge of the rim portion 216 (rim) (see fig. 3 & 6 ‘936).
Response to Arguments
The drawing objections in paragraphs 5-13 and 15-22 of office action dated 9 October 2025 are withdrawn in light of the amended disclosure filed 9 January 2026.
The specification objections in paragraphs 25-31 of office action dated 9 October 2025 are withdrawn in light of the amended disclosure filed 9 January 2026.
Examiner reminds applicant that all changes to the drawings shall be explained, in detail, in either the drawing amendment or remarks section of the amendment paper as required by 37 C.F.R. 1.121. As applicant has failed to do so, Examiner herewith requires a marked-up copy of any further amended drawing figures including annotations indicating the changes made.
Applicant's arguments filed 9 January 2026 have been fully considered but they are not persuasive.
In response to applicant’s argument that Dees ‘164 does not describe or suggest a first tray and second tray that, when stacked in a same orientation, movement of the first tray and the second tray relative to one another is limited by at least one of: i) the upper bead of the bead segment of the first tray engaging the proximal segment of the second tray, and ii) the lower bead of the bead segment of the second tray engaging the proximal segment of the first tray, as recited in claim 1 because Dees ‘164 fails to describe or suggest stacking the trays in a same orientation, let alone that if the trays were so stacked, movement of a first tray and a second tray relative to one another would be limited by engagement of either one of the medial planar portions 276, 262 engaging proximal segments of the rims and because these features are not inherently disclosed in Dees ‘164 as there is no indication in Dees ‘164 to suggest that movement between the containers 210, 240 would be limited by the medial planar portions 276, 262 and peripheral portions of the rims, as opposed to engagement between the sidewalls if the trays were stacked in a same orientation, the Examiner responds that the container of Dees inherently limits movement of the container 210 (first tray) and the container 210 (second tray) relative to one another by at least one of: i) the medial planar portion 276 (upper bead) of the bead segment of the container 210 (first tray) engaging the rim portion 254 (proximal segment) of the container 210 (second tray), and ii) the medial planar portion 262 (lower bead) of the bead segment of the container 210 (second tray) engaging the rim portion 254 (proximal segment) of the container 210 (first tray) when the container 210 (first tray) and the container 210 (second tray) are stacked in a same orientation. See rejection of claims 1, 15, and 19 above. Examiner notes that applicant has provided no factual evidence establishing that movement between the containers 210, 240 would be limited by engagement between the sidewalls if stacked in a same orientation.
In response to applicant’s argument that Dees ‘781 does not describe or suggest a first tray and second tray that, when stacked in a same orientation, movement of the first tray and the second tray relative to one another is limited by at least one of: i) the upper bead of the bead segment of the first tray engaging the proximal segment of the second tray, and ii) the lower bead of the bead segment of the second tray engaging the proximal segment of the first tray, as recited in claim 1 because Dees ‘781 fails to describe or suggest stacking the trays in a same orientation and Dees ‘781 shows that the sidewalls of both the male and female section angle toward the medial portions proximate the medial portions and that the medial portions each have a width that is smaller than a width of the openings at the rim 15 such that even if stacked in the same orientation, the medial portions would not engage proximal or distal segments of the rim 15 but would instead be received within the greater sized openings and contact the sidewalls of the male/female sections, the Examiner responds that this argument is not commensurate in scope with the rejection at hand (see annotated fig. 3A above). The medial portions 56, 64 alone are not relied upon to read on the upper and lower beads.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 ALLAN D STEVENS whose telephone number is (571)270-7798. The examiner can normally be reached Monday-Friday 12-8 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E. Aviles can be reached at (571)270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALLAN D STEVENS/Primary Examiner, Art Unit 3736