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 .
Election/Restrictions
Claims 11, 14, 16, 17, and 18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 6/22/2026.
Applicant's election with traverse of Species I in the reply filed on 6/22/2026 is acknowledged. The traversal is on the ground(s) that the three species are a reasonable amount of species and therefore the search burden would not be unduly onerous. This is not found persuasive because the additional species would require separate search areas/keyword terms to find additional/alternative types of suspension systems for the wrap including individual passageways and mounting accommodations to those of the elected species. The attached search history shows approximately 14,000 documents in relevant search areas, and searching for multiple alternative mounting systems throughout those areas would require several hours of additional consideration.
The requirement is still deemed proper and is therefore made FINAL.
Applicant is reminded that upon the cancelation of claims to a non-elected invention, the inventorship must be corrected in compliance with 37 CFR 1.48(a) if one or more of the currently named inventors is no longer an inventor of at least one claim remaining in the application. A request to correct inventorship under 37 CFR 1.48(a) must be accompanied by an application data sheet in accordance with 37 CFR 1.76 that identifies each inventor by his or her legal name and by the processing fee required under 37 CFR 1.17(i).
Drawings
The drawings are objected to under 37 CFR 1.83(a) because they fail to show hollow space 56 as described in the specification (shown as solid material in Fig. 3a). Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). 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.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the accommodation of paragraph 0084 of the Specification must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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 Objections
Claim 5 is objected to because of the following informalities: no space between 1 and “wherein” (“…claim 1wherein”). Appropriate correction is required.
Claim 11 is objected to: past tense in the first line “wherein said container assembly had a carrying handle”.
Claim 19 is objected to for grammar “wherein said wrap has external auxiliary compartment”.
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.
Claims 1-21 are 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.
Claim 1 recites the limitation "said hard sided cooler" in lines 19-20. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "said first suspender" in line 23. It is unclear which one of the potential plurality of first suspenders “at least a first suspender” is to be considered as “said” first suspender.
Claim 1 recites the limitation "said cooler" in line 23. There is insufficient antecedent basis for this limitation in the claim.
Claim 3 recites the limitation "said upper margin of said wrap". There is insufficient antecedent basis for this limitation in the claim.
Claim 3 recites the limitation "said first and second stationary anchors", however claims 1 and 3 do not support a first stationary anchor. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation "said hinge". There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitations "said hinge” and “said upper margin of said wrap". There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "said lower margin of said wrap". There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "said first latch". There is insufficient antecedent basis for this limitation in the claim.
Claim 13 recites the limitation "said hard sided cooler". There is insufficient antecedent basis for this limitation in the claim.
Claim 13 recites the limitation "said first mounting accommodation". It is unclear which one of the potential plurality of first mounting accommodation “at least a first mounting accommodation” is to be considered as “said” first mounting accommodation.
Claim 18 recites the limitation "said cooler". There is insufficient antecedent basis for this limitation in the claim.
Claim 21 recites the limitation "said upper margin of said wrap". There is insufficient antecedent basis for this limitation in the claim.
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.
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) 1-4, 7-8, 13, 15, and 19-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent No. 3,667,646 (Graf hereinafter) in view of US Patent No. 4,765,472 (Dent hereinafter).
In re claim 1, with reference to Figs. 1-4, Graf discloses: An insulated container assembly comprising: a hard-sided insulated container (10) and a wrap (18, 19, 25) that mounts to said hard-sided insulated container; said hard-sided insulated container having a first portion (11-15) and a second portion (16); said first portion defining a chamber therewithin; said chamber having an opening through which to introduce objects for storage within said chamber; said second portion being movable relative to said first portion between a first position and a second position to govern access to said chamber (16 hinged to back wall 12, column 2, lines 2-13); said first position defining a closed position of said chamber; said second position defining an open position of said chamber; at least said first portion being a molded body, said molded body having a closed volume defined between an inside wall bounding said chamber and an outside wall spaced away from said inside wall (shown filled with material of the body, in the same manner as at element 56 in Applicant’s Fig. 3a); said wrap is an insulated wrap (column 2, lines 35-42, “a strap 25 of fabric, leather, plastic, or other suitable material” will be interpreted as providing at least a level of insulating effect); said wrap defining a band extending peripherally about said first portion of said hard-sided cooler; said band having an upper margin and a lower margin (see Fig. 1).
In accordance to MPEP 2113, the method of forming the device is not germane to the issue of patentability of the device itself. Therefore, this limitation has not been given patentable weight. Please note that even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product, i.e the body, does not depend on its method of production, i.e. molding (“molded body”). In re Thorpe, 227 USPQ 964, 966 (Federal Circuit 1985).
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Graf fails to disclose wherein said band having at least a first suspender; said first suspender having a fixed mounting to said first portion of said cooler; and said molded body of said first portion being free of any puncture at said fixed mounting.
However, with reference to Figs. 1-3 below, Dent discloses: a container assembly including a wrap (8) formed as a band having at least a first suspender (16); said first suspender having a fixed mounting to said first portion of said cooler (at exterior element 6); and the body of a first portion (4) being free of any puncture at said fixed mounting (see fig. 3, no puncture located at joint of 6 with 4 where suspender 16 mounts).
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Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have modified the wrap of Graf to have included at least a suspender to mount to an exteriorly located element (as taught by Dent) such as the lower latch retainer portion of latch element 17 of Graf, for the purposes of facilitating support of the wrap from falling/sliding downward when loaded with additional contents (Dent, column 2, lines 43-52).
In re claim 2, with reference to the Figs. noted above, Graf in view of Dent disclose the claimed invention including wherein said hard-sided insulated container has at least a first latch (17); said first latch includes a first latch retainer, said first latch retainer defining a first stationary anchor mounted to said first portion of said hard-sided insulated container; and said first suspender being secured to said first portion of said hard-sided insulated container at said stationary anchor (as in re claim 1 above).
In re claim 3, with reference to the Figs. noted above, Graf in view of Dent disclose the claimed invention including wherein said first portion of said hard-sided insulated container has a second latch and a second latch retainer, said second latch retainer defining a second stationary anchor (two latches 17 in Fig. 1 above); said wrap has a plurality of said suspenders (16, 20) spaced along said upper margin of said wrap (see Dent Fig. 1); said plurality including said first suspender and at least a second suspender; and at least said first and second of said suspenders are secured to said first portion of said hard-sided insulated container at said first and second stationary anchors (as taught in re claims 1-2 above).
In re claim 4, with reference to the Figs. noted above, Graf in view of Dent disclose the claimed invention including wherein said wrap includes at least a first peripheral tightening strap (Graf element 27) operable to establish a hoop stress in said wrap.
In re claim 7, with reference to the Figs. noted above, Graf in view of Dent disclose the claimed invention including wherein said second portion of said hard-sided insulated container is hingedly mounted to said first portion of said hard-sided insulated container (as in re claim 1 above); said hinge being mounted along a rear side of said hard-sided insulated container (at rear wall 12); said hard sided-insulated container having a front side (11) opposite said rear side; and said wrap is free of suspenders along said rear side of said hard sided insulated container (as wrap is taught as having suspenders mounted to exteriorly placed elements, such as the latches of Graf, there being no latches along the rear wall/hinge of Graf, one of ordinary skill would recognize that no suspenders are needed in areas of the container without latches to attach to).
In re claim 8, with reference to the Figs. noted above, Graf in view of Dent disclose the claimed invention including wherein said second portion of said hard-sided insulated container is hingedly mounted to said first portion of said hard-sided insulated container; said hinge being mounted along a rear side of said hard-sided insulated container; said hard sided-insulated container having a front side opposite said rear side (as in re claim 7 above); and said upper margin of said wrap has a downward deviation that extends along at least a portion of said front side relative to at least one other side of said hard-sided insulated container; and said downward deviation clears at least said first latch (see shape of upper edge/margin of strap 22/25 in Fig. 1 of Graf, strap includes downward deviation to accommodate latches 17).
In re claim 13, with reference to the Figs. noted above, Graf in view of Dent disclose An insulated container assembly comprising: a hard-sided insulated container and a wrap that mounts to said hard-sided insulated container; said hard-sided insulated container having a first portion and a second portion; said first portion defining a chamber therewithin; said second portion being movable relative to said first portion between a first position and a second position to govern access to said chamber; at least said first portion being a molded body, said molded body having a closed volume defined between an inside wall bounding said chamber and an outside wall spaced away from said inside wall; said wrap is an insulated wrap; said wrap defining a band extending peripherally about said first portion of said hard-sided cooler; said band having an upper margin and a lower margin; said band having at least a first suspender (as in re claim 1 above); said first portion of said hard-sided insulated container having at least a first mounting accommodation (i.e. at latch 17, as in re claim 1 above); and said first suspender (16) engaging said first mounting accommodation; and said first mounting accommodation being free of any wall penetration of said first portion of said hard-sided insulated container (as in re claim 1 above).
In re claim 15, with reference to the Figs. noted above, Graf in view of Dent disclose the claimed invention including wherein said first suspender includes a loop, and, as installed, said loop passes through said first mounting accommodation (see loop of 16 of Dent, which is considered to pass through the accommodation in combination as in re claim 1 above).
In re claim 19, with reference to the Figs. noted above, Graf in view of Dent disclose the claimed invention including wherein said wrap has external auxiliary compartment (between 22, 23, and 24, see Graf Fig. 3).
In re claim 20, with reference to the Figs. noted above, Graf in view of Dent disclose the claimed invention including wherein said wrap is removable (“it is a feature of the invention to provide means for readily detachably holding the brackets”, Graf column 2, lines 32-42).
In re claim 21, with reference to the Figs. noted above, Graf in view of Dent disclose the claimed invention including wherein said container assembly has a lifting strap anchor and a lifting handle (29 and elements which hold 29 to assembly at 16), said wrap has an upper margin, and said upper margin of said wrap is clear of and below said lifting strap anchor and said lifting handle (See Graf Fig. 1, band 25 is clear of and below 29).
Claim(s) 5 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Graf in view of Dent as applied to claim 1 above, and further in view of US PG Pub No. 2022/0041335 (Rogers et al. hereinafter).
In re claim 5, with reference to the Figs. noted above, Graf in view of Dent disclose the claimed invention including wherein said wrap includes fabric skin (as in re claim 1 above).
Graf in view of Dent fail to disclose wherein wrap includes an outer fabric skin, an inner fabric skin, and a layer of insulation captured between said inner and outer skins of said wrap.
However, Rogers et al. discloses a wrap for a container formed by layers of fabric with additional layer(s) of inserts therebetween (paragraph 0110).
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Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have modified the assembly of Graf in view of Dent to have been formed by layers of fabric and materials therebetween for the purposes of imparting strength to the wrap for support of contents (Rogers et al. paragraph 0110).
In re claim 6, with reference to the Figs. noted above, Graf in view of Dent and Rogers et al. disclose the claimed invention except wherein said first portion of said hard-sided insulated container has an upstanding body that is surmounted by a flange that stands outwardly proud of said upstanding body; and said flange has at least first and second accommodations formed therein; and there are at least first and second strap anchor hard points mounted in corresponding ones of said at least first and second accommodations.
However, with reference to Fig. 8, Rogers et al. discloses a first portion of a hard-sided insulated container (100) has an upstanding body that is surmounted by a flange (108) that stands outwardly proud of said upstanding body; and said flange has at least first and second accommodations (109) formed therein; and there are at least first and second strap anchor hard points (251) mounted in corresponding ones of said at least first and second accommodations (paragraph 0119).
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Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have modified the container assembly of Graf in view of Dent to have included an alternative mounting accommodation such as the hard points which suspend the wrap of Rogers et al. for the purposes of providing an alternative mounting structure independent of the number of/locations of latches.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Graf in view of Dent as applied to claim 1 above, and further in view of US Patent No. 6,027,249 (Bielinski hereinafter).
In re claim 9, with reference to the Figs. noted above, Graf in view of Dent disclose the claimed invention except wherein said first portion of said hard-sided insulated container has a drain, and said lower margin of said wrap has a deviation that clears said drain.
However, with reference to Fig. 3 below, Bielinski teaches a jacket for a cooler wherein the jacket has a deviation (50) such that jacket clears a drain (52) of the cooler (column 4, lines 38-41).
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Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have modified the container assembly of Graf in view of Dent to have included a drain and a deviation for said drain, for the predictable advantages of providing for simplified drainage of the contents of the container without the wrap interfering with said drainage.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Graf in view of Dent as applied to claim 1 above, and further in view of US PG Pub No. 2010/0072215 (Coon hereinafter).
In re claim 10, with reference to the Figs. noted above, Graf in view of Dent disclose the claimed invention including wherein said container has said first latch and a second latch; said first latch is spaced from said second latch, there being an accommodation defined between said first and second latches (as in re claim 8 above).
Graf in view of Dent fail to disclose wherein said wrap includes an auxiliary container that locates in said accommodation between said first and second latches.
However, Coon discloses an accessory holder which includes a strap/wrap (11) and locates an auxiliary container (15) along a front wall of the container assembly (see Fig. 1).
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Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have modified the wrap of Graf in view of Dent to have included an auxiliary container as taught by Coon for the purposes of facilitating additional holding space for contents external to the container, and to have located the auxiliary container along the front wall between the latches of Graf (in view of Dent), as Graf shows no other space along the front wall for placement of such additional storage for accessories.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Graf in view of Dent as applied to claim 1 above, and further in view of US Patent No. 4,071,160 (Vick hereinafter).
In re claim 12, with reference to the Figs. noted above, Graf in view of Dent disclose the claimed invention except wherein said first portion of said hard-sided insulated container has an upstanding body that is surmounted by a flange that stands outwardly proud of said upstanding body; and said flange has at least first and second handholds formed therein, said handholds defining a respective strap opening through said flange; and there are at least first and second strap ends wrapped through said respective strap openings.
However, with reference to Figs. 1-3, Vick discloses a container assembly wherein a first portion of a hard-sided insulated container has an upstanding body (14) that is surmounted by a flange (30) that stands outwardly proud of said upstanding body; and said flange has at least first and second handholds (32) formed therein, said handholds defining a respective strap opening (38) through said flange; and there are at least first and second strap ends wrapped through said respective strap openings (column 3, lines 41-49).
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Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have provided a flange having handholds and slots for straps to the walls of Graf in view Dent as taught by Vick for the purposes of facilitating maintenance of a closed position of the second portion on the first portion during storage and transport.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW T KIRSCH whose telephone number is (571)270-5723. The examiner can normally be reached Mon-Fri, 9a-5p EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Jenness can be reached at 571-270-5055. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW T KIRSCH/ Primary Examiner, Art Unit 3733
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