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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 03/26/2026 has been entered.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03/26/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The disclosure is objected to because of the following informalities:
In para [0005]; the phrase “The insulated container also includes left, right, front, and back sidewalls that define walls the main chamber” Should read “The insulated container also includes left, right, front, and back sidewalls that define walls of the main chamber.”
Appropriate correction is required.
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 1-13 and 15-23 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 calls for the limitation “left, right, front, and back sidewalls that define walls the main chamber”; which limitation appears indefinite for not being clear.
Applicant is encouraged to recite “left, right, front, and back sidewalls that define walls of the main chamber”.
Claim 1 requires “a horizontal substantially planar wall” as a distinct element that forms the insulated container. However, claim 1 further requires that the horizontal substantially planar wall be integrally formed with the left, right, front, and back sidewalls. “Integrally formed” means manufacturing as one continuous, monolithic piece. It signifies that components are inseparable without destroying the unit’s structural integrity. The scope of “integrally formed” in claim 1 is indefinite as it is unclear as to how one single element “the horizontal substantially planar wall integrally formed with the left, right, front, and back sidewalls” be claimed as multiple separate components.
Appropriate correction is required.
A similar issue is found in claim 13. Applicant should address claim 13 accordingly.
Claims 2-12 and 15-23 are indefinite for their dependency on an indefinite base claim.
Allowable Subject Matter
Claims 1-13 and 15-26 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is an examiner’s statement of reasons for allowance:
The combination of elements as set forth in independent claims 1 and 13 is not disclosed or made obvious by the prior art of record.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LIONEL W NOUKETCHA whose telephone number is (571)272-8438. The examiner can normally be reached on Mon - Fri: 08:00 AM - 04:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Frantz Jules can be reached on 571-272-6681. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LIONEL NOUKETCHA/Primary Examiner, Art Unit 3763
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