DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 6/2/26 has been entered.
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 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 1, 2-12, 21, 25-31 are rejected under 35 U.S.C. 103 as being unpatentable over Pickup (US 9,932,716) in view of Beale (US 11,492,194) further in view of Dedmon (US 7,958,995) and Kramer (US 2018/0153107).
Regarding claims 1 and 4, Pickup discloses a container apparatus comprising:
a body having a tubular configuration formed from a plurality of flexible layers and having a plurality of side walls 23-25, the body having a plurality of corners, each corner forming a vertex of adjacent side walls of the plurality of side walls thereby forming a cuboid shape the body further having a flexible external bottom cover or base thereby forming an interior space within the body (fig. 9, col. 3, lines 63-65 and col. 4, lines 5-6),
first and second flat panel inserts within first and second pockets, respectively, within each of the plurality of side walls forming a fold line between the first and second flat panel inserts within each of the side walls (col. 3, lines 1-5),
wherein at least two walls of the body are configured to fold so that the body form a lay-flat configuration when folded, wherein the plurality of flexible layers and the plurality of side walls of the body are made of a woven polymeric material, the first and second flat panel inserts capable of maintaining the shape of the container apparatus, reinforcing the side walls thereof, and allowing for the container apparatus to be disposed in the self-standing configuration, and wherein the container apparatus is configured to fold to the lay-flat configuration and unfold to the self-standing configuration without removing or adding any additional external structure to the container apparatus (col. 5, lines 48-59).
Pickup fails to disclose:
a zippered flap disposed in a flexible external top cover configured to open forming an opening in the flexible external top cover to access the interior space;
a first rim extending around a bottom of the body and extending a distance from the flexible external bottom cover and having a plurality of sides, each side of the first rim formed from a first extension of one of the plurality of side walls engaged with an extension of a side of the flexible external bottom cover thereby forming a first multilayer structure allowing for the container apparatus to be disposed in a self-standing configuration;
an inner liner bag disposed within the interior space.
However, Beale teaches a bag having a zippered flap 210 disposed in a top cover 270 (fig. 2).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have provided the device of Pickup a zippered flap in a top cover, as taught by Beale, for protecting the contents of the container and easily opening the container when needed.
Further, Dedmon teaches an inner liner bag 30 disposed within the interior space of a container (fig. 3).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have provided the modified device of Pickup, an inner liner bag as taught by Dedmon, to facilitate containment of flowable materials.
Kramer teaches a flexible container having a base panel 16A with base hem or rim 16B and side panels 17A having bottom hems or rims 17 (figs. 16-17).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have attached the bottom of the modified Pickup to the sides, with hems, as taught by Kramer, to provide conventional durable connection while maintaining the flexible and collapsible construction of the container.
Regarding claim 2, Pickup further discloses the layers being made from woven polypropylene (col. 5, lines 48-59).
Regarding claim 5, the modified Pickup further discloses the inner liner bag 30 is adhered to an inner wall of the body (col. 8, lines 27-33 Dedmon).
Regarding claim 6, the modified Pickup further discloses a tab 34 extending from an inner wall of the body (i.e., one of the inserts), wherein the inner liner bag is affixed to the tab 34 (fig. 2 and col. 8, lines 27-33 Dedmon).
Regarding claim 7, Dedmon further teaches a spout disposed through the inner liner bag configured to open and allow material to fill the space within the inner liner bag or remove the material from the inner liner bag (col. 7, lines 25-29).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have provided the inner liner bag of the modified Pickup a spout, to facilitate filling and or discharge of material from the container.
Regarding claim 8, Dedmon further teaches a first strap 11B connected to a first corner of the body and a second corner of the body forming a first loop (fig. 7).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have provided the modified device of Pickup a strap, as taught by Dedmon, to help with lifting.
Regarding claim 9, the modified Pickup further discloses the first corner and the second corner are adjacent to each other (fig. 7 Dedmon).
Regarding claim 10, the modified Pickup further discloses a second strap 11B connected to a third corner of the body and a fourth corner of the body forming a second loop (fig. 7 Dedmon).
Regarding claim 11, the modified Pickup further discloses the first and second corners are adjacent to each other and the third and fourth corners are adjacent to each other (fig. 7 Dedmon).
Regarding claim 12, the modified Pickup fails to disclose the inner liner bag comprises a neck that is configured to extend through opening in the top cover.
However, Dedmon further teaches the inner liner bag comprises a neck 36 that is configured to extend through opening in the top cover (fig. 6 and col. 7, lines 19-22).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have provided the inner liner bag of the modified Pickup a spout, to facilitate filling and or discharge of material from the container.
Regarding claim 21, Pickup further discloses the container apparatus being foldable and stackable (abstract).
Regarding claim 25, the modified Pickup further discloses the extension of the one of the plurality of side walls is stitched to the extension of the side of the flexible external bottom cover (figs. 16-17 of Kramer).
Regarding claim 26, the modified Pickup further discloses first rim comprises a first side and a second side forming a first corner of the first rim therebetween, wherein the first corner of the first rim comprises the multilayer structure of the first rim folded over and engaged to itself(figs. 16-17 of Kramer).
Regarding claim 27, the modified Pickup further discloses the first corner comprises the multilayer structure of the first rim folded over and stitched to itself (figs. 16-17 of Kramer).
Regarding claims 28-31, the modified Pickup fails to disclose:
a second rim extending around a top of the body and extending a distance from the flexible external top cover and having a plurality of sides, each side of the second rim formed from a second extension of one of the plurality of side walls engaged with an extension of a side of the flexible external top cover thereby forming a second multilayer structure;
wherein the second extension of the one of the plurality of side walls is stitched to the extension of the side of the flexible external top cover;
wherein the second rim comprises a first side and a second side forming a first corner of the second rim therebetween, wherein the first corner of the second rim comprises the multilayer structure of the second rim folded over and engaged to itself; and
wherein the first corner of the second rim comprises the multilayer structure of the second rim folded over and stitched to itself.
However, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to apply the same stitched construction, as taught Kramer, to the top of the container to provide a secure and durable connection between the top and the side walls.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Pickup (US 9,932,716) in view of Beale (US 11,492,194) further in view of Dedmon (US 7,958,995) and Kramer (US 2018/0153107) as applied to claim 1 above, further in view of Uchiyama (US 6,457,602).
Regarding claim 3, the modified Pickup discloses all elements of the claimed invention except for each of the corners being rounded.
However, Uchiyama teaches a substantially rectangular container having rounded vertexes (fig. 3 and col. 8, lines 63-67).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed, to have made the corners of the modified device of Pickup, rounded vertexes, to minimize damage to the corners.
Claims 22-24 are rejected under 35 U.S.C. 103 as being unpatentable over Pickup (US 9,932,716) in view of Beale (US 11,492,194) further in view of Dedmon (US 7,958,995) and Kramer (US 2018/0153107) as applied to claim 1 above, further in view of Wang (US 7,143,932) and Abramson (US 1,957,402).
Regarding claims 22-24, the modified Pickup discloses all elements of the claimed invention as applied to claim 1 above, but fails to disclose:
a bottom flat rigid panel associated with the bottom cover, wherein the bottom flat rigid panel comprises a plurality of fold lines configured to allow the bottom flat rigid panel to fold and further wherein the bottom flat rigid panel is configured to allow the bottom cover to fold along the plurality of fold lines of the bottom flat rigid panel;
the bottom flat rigid panel being disposed within a space within the flexible bottom cover; and
wherein the bottom flat rigid panel comprises a first fold line running diagonally from a first corner to a second corner thereof, a second fold line running from a first side to a second side thereof, a third fold line running from a third side to a fourth side thereof; and a fourth fold line running from a third corner to a fourth corner thereof.
However, Wang teaches a collapsible storage container having a foldable rigid bottom plate 2 inserted into an outer box (figs. 1 and 4-5).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed, to have provided the modified device of Pickup, a foldable bottom rigid panel, as taught by Wang, to reinforce and support the bottom of the container.
Further, Abramson teaches a rigid bottom of a collapsable container having a bottom with fold lines as claimed (figs. 1-3).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed, to have provided the foldable rigid bottom plate of the modified Pickup, multiple fold lines, as taught by Abramson, in order to be able to fold the container while the insert is still in the bottom of the container.
Response to Arguments
Applicant’s arguments have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. An updated search identified new prior art that disclose the newly added limitations.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BLAINE GIRMA NEWAY whose telephone number is (571)270-5275. The examiner can normally be reached Monday - Friday 9:00 AM- 5:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Stashick can be reached at 571-272-4561. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BLAINE G NEWAY/Examiner, Art Unit 3735
/Anthony D Stashick/Supervisory Patent Examiner, Art Unit 3735
