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 .
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, 4-12 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Dedmon (US 7,958,995) in view of Beale (US 11,492,194) further in view of Sheng-Bin (US 6,923,516) and Alexander (US 6,276,582).
Regarding claims 1and 4, Dedmon (figs. 2-3 and 7) discloses a container apparatus 10 comprising:
a body 11 having a tubular configuration formed from a plurality of flexible layers and having a plurality of side walls 12, the body 11 having a plurality of corners, each corner forming a vertex of adjacent side walls of the plurality of side walls 12 thereby forming a cuboid shape, the body further having a flexible top cover including a flap 14 and a flexible bottom cover 13 thereby forming an interior space within the body;
the flap 14 configured to open forming an opening to access the interior space;
an inner liner bag 30 disposed within the interior space; and
flat panel inserts 20 within pockets 17; wherein the flat panel inserts being capable of maintaining the shape of the container apparatus, reinforcing the side walls thereof, and allowing the container apparatus to be disposed in a self-standing configuration;
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.
wherein at least two walls 12 of the body, the top cover or flexible flap 14, and the bottom cover 13, are configured to fold so that the body, the top cover, and the bottom cover form a lay-flat configuration when folded (col. 5, lines 27-37; and col. 7, lines 7-19).
Dedmon further discloses the plurality of flexible layers and the plurality of side walls of the body being made of a woven polymeric material (col. 7 lines 7-10).
Dedmon also discloses the flat panel inserts 20 being constructed of MDF or other materials capable of being nailed or stapled but fails to disclose:
the flat panel inserts being made of plastics;
the flap 14 discussed above being a zippered flap disposed in a top cover; and
the pockets 17 being first and second pockets, within each of the plurality of side walls forming a fold line between first and second flat panel inserts within each of the side walls.
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 disposed the flap 14 of Dedmon, in a top cover, as taught by Beale, for easily zipping and unzipping the flap.
Further, Sheng-Bin teaches two sidewalls of a container having two pockets and two inserts 46 each (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 at least two sidewalls of the modified Dedmon, two pockets and two inserts each, for making the container collapsible for space saving during storage.
Further, Alexander teaches all sidewalls of a container being foldable in half (figs. 1-2).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed, to have made all four sidewalls of the modified Dedmon, foldable in half (instead of just two opposing sidewalls), for providing more folding options to the user. Also, it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Regarding the flat panel inserts being made of plastics, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Regarding claim 2, Dedmon further discloses the layers being made from woven polypropylene (col. 7, lines 7-10).
Regarding claim 5, Dedmon further discloses the inner liner bag 30 is adhered to an inner wall of the body (i.e., one of the inserts) (col. 8, lines 27-33).
Regarding claim 6, Dedmon 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).
Regarding claim 7, Dedmon further discloses 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).
Regarding claim 8, Dedmon further discloses 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).
Regarding claim 9, Dedmon further discloses the first corner and the second corner are adjacent to each other (fig. 7).
Regarding claim 10, Dedmon 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).
Regarding claim 11, Dedmon 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).
Regarding claim 12, Dedmon further discloses 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).
Regarding claim 21, the modified Dedmon further discloses the container apparatus being capable of being folded and stacked (fig. 7).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Dedmon (US 7,958,995) in view of Beale (US 11,492,194), Sheng-Bin (US 6,923,516) and Alexander (US 6,276,582) as applied to claim 1 above, further in view of Uchiyama (US 6,457,602).
Regarding claim 3, the modified Dedmon 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 Dedmon, rounded vertexes, to minimize damage to the corners.
Claims 22-24 are rejected under 35 U.S.C. 103 as being unpatentable over Dedmon (US 7,958,995) in view of Beale (US 11,492,194), Sheng-Bin (US 6,923,516) and Alexander (US 6,276,582) 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 Dedmon 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 Dedmon, 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 Dedmon, 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 filed 9/22/25 have been fully considered but they are not persuasive.
Applicant argues that Dedmon disclose having a rigid top cover made of plywood, a bottom deck and the rigid side walls within the side walls. Contrary to applicant’s argument, Dedmon discloses a bag 11 having a flexible double wall internal woven coated polyethylene or polypropylene and a flexible cover flap 14 (col. 7, lines 7-17). Applicant further argues that the re is nothing in Dedmon that teaches a container apparatus having both a folded lay-flat configuration and an unfolded self-standing configuration. However, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). The container apparatus of the modified Dedmon can have both a folded lay-flat configuration and an unfolded self-standing configuration. Dedmon’s device is also capable of being folded since it is made of flexible material. Dedmon also has an unfolded self-standing configuration (see fig. 7).
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 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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/BLAINE G NEWAY/ Examiner, Art Unit 3735
/Anthony D Stashick/ Supervisory Patent Examiner, Art Unit 3735