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 .
This action is in response to the amendments and remarks received on January 6, 2026.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 January 6, 2026 has been entered.
Response to Arguments
Applicant’s arguments with respect to the amended claims have been considered but are moot because the new ground of rejection does not rely on the combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant's arguments with respect to claim 20 have been fully considered but they are not persuasive.
Applicant has maintained the argument that neither ST-ONGE (US 2007/015892) nor DYKE et al. (US 7,073,308) disclose the structure of “a plurality of de-nesting lugs proximate to a peripheral edge of the container, each of the de-nesting lugs projects upwardly and the lug does not come into contact with the peripheral edge”.
Again, as shown in figure 1 of ST-ONGE, and as annotated in Diagram III below, the lid has a plurality of de-nesting lugs 135; in particular three de-nesting lugs spaced from a peripheral edge 51 while also being positioned adjacent to the peripheral edge 51 of the container lid. The lugs 135 project “upwardly” when the lid is in an open configuration, as shown in figure 2 (see Diagram III below), wherein the lugs 135 are de-nested from recesses 137 of the base portion. Similarly, DYKE et al. discloses lugs 37 of a lid, wherein the lugs transition from a de-nested to a nested position upon closure/sealing of the container. Thus, Examiner maintains the 35 USC 103 rejections of claims 1-3 as provided below.
Nonetheless, Examiner has provided a new rejection for claim 20 as provided below.
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.
Claims 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over ST-ONGE (US 2007/0151892) in view of KALMANIDES (US 4,771,934) and DYKE et al. (US 7,073,308).
In reference to claim 1, ST-ONGE disclose a method comprising: providing a plurality of containers EB having a lid portion (see Diagram I of Figure 1 below) and a base portion, the lid portion having a plurality of de-nesting lugs 135 within a recess (see Diagram I of Figure 1 below) proximate to a peripheral edge of the container EB, wherein the de-nesting lug does not come into contact with the peripheral edge of the lid portion; providing a food item (e.g. egg- paragraph [0058]) within one or more cavities 23 in the container; and sealing the package using a line conveyor (paragraphs [0072]- “…molded protuberance 135, 137…engages (with friction) one into the other upon closure of the cover portion 21 over the base portion 29.”; [0079]-automated packaging).
Although ST-ONGE discloses de-nesting lugs along a perimeter of the lid portion, the de-nesting lugs do not extend away from the base portion when the lid portion is in a closed position (figure 3). KALMANIDES teaches a method comprising: providing a lid portion having a plurality of de-nesting lugs 26 within a recess 40 proximate to a peripheral edge of the lid portion, wherein the de-nesting lugs 26 does not come into contact with the peripheral edge and the de-nesting lug 26 extends away form a base portion 16 when the lid is in a closed position (figure 1). It would have been obvious to one having ordinary skill in the art at the time of filing the invention to have modified the de-nesting lugs provided in the method of ST-ONGE to extend away from the base portion rather than toward the base portion in the closed configuration since the combined disclosures of ST-ONGE and KALAMINDES support the knowledge in the art that a mere reversal of the essential working parts of a device involves only routine skill in the art. 1
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Diagram I
While ST-ONGE discloses a method of providing an automated packaging apparatus to fill and seal a container configured as claimed, ST-ONGE does not disclose the apparatus to include a minimizer and a continuous moving conveyor. DYKE et al. teaches a method of providing a plurality of containers having a lid portion secured to a base portion; and sealing the containers using a line conveyor 23 comprising a minimizer 24 to ensure closure of a peripheral edge of the container using continuous movement (column 5 lines 7-16). It would have been obvious to one having ordinary skill in the art at the time of filing the invention to have further modified the method of ST-ONGE to include the step of sealing the containers using an automated minimizer and continuous moving conveying line since column 4 lines 38-43 of DYKE et al. states the provision of such sealing elements are known to consistently and efficiently seal hinged containers configured similarly to that of ST-ONGE.
Regarding claim 2, ST-ONGE further discloses the step of providing the lid with a second recess also having a de-nesting lug 135 in the second recess (see Diagram I of Figure 1 above & Diagram II of Figure 2 below).
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Diagram II
With respect to claim 3, ST-ONGE further discloses the step of providing the container with an interior support member 41 extending from the base portion to an interior support member plane, a portion of the interior support member 41 forming a part of the interior cavity wall; wherein the interior support member plane is above a peripheral edge plane (see Diagram II of figure 2 above) and configured to maintain the food item within the cavity 23.
Claims 4-20 are rejected under 35 U.S.C. 103 as being unpatentable over ST-ONGE (US 7,766,169 hereinafter ‘169) in view of KALMANIDES (US 4,771,934).
In reference to claims 4, 5 & 16, ST-ONGE ‘169 discloses a method comprising: forming a base portion of a container with a plurality of cavities 23, each cavity 23 having an interior wall surface extending up a first axis from a cavity base wall (see Diagram III below of Figure 1), a first portion of the interior wall surface terminates at a cavity rim where the first portion of the interior wall surface intersects with a peripheral edge of the base portion (see Diagram III below of Figure 1), and an exterior cavity rim portion formed by the plurality of cavities; forming a lid portion of the container with a lid peripheral edge surface defining a lid peripheral plane (see Diagram II below of Figure 1), a lid sidewall (see Diagram III below of Figure 1) extending along an axis from an upper lid surface to the lid peripheral edge surface, a planarly extending internal peripheral lip edge that approximates a the entire cavity rim and extends past an edge of the cavity rim to overly the cavity when the lid portion is in a sealed position with the base portion (Figure 4); configuring the lid portion to removably couple to the base portion to define a closed/sealed position (Figure 4); extending interior support members 101, 103 from the base portion and from the lid portion, each interior support member 101 of the base portion having a top surface that approximate a (bottom surface) of the support member 103 extending from the lid portion to maintain adequate spacing between items in the cavities (column 7 lines 9-11).
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Diagram III
Although ST-ONGE discloses de-nesting lugs along a perimeter of the lid portion, the de-nesting lugs do not extend away from the base portion when the lid portion is in a closed position (figure 3). KALMANIDES teaches a method comprising: providing a lid portion having a plurality of de-nesting lugs 26 within a recess 40 proximate to a peripheral edge of the lid portion, wherein the de-nesting lugs 26 does not come into contact with the peripheral edge and the de-nesting lug 26 extends away form a base portion 16 when the lid is in a closed position (figure 1). It would have been obvious to one having ordinary skill in the art at the time of filing the invention to have modified the de-nesting lugs provided in the method of ST-ONGE to extend away from the base portion rather than toward the base portion in the closed configuration since the combined disclosures of ST-ONGE and KALAMINDES support the knowledge in the art that a mere reversal of the essential working parts of a device involves only routine skill in the art. 2
Regarding claim 6, ST-ONGE ‘169 further discloses configuring the top surface of the interior support members to have a groove.
With respect to claims 7 & 8, ST-ONGE ‘169 further discloses the cavity interior wall surface extending below the peripheral edge plane in a first orientation of the container and above the peripheral edge plane in a second orientation (inverted) of the container.
In reference to claims 9 & 10, ST-ONGE ‘169 further discloses the interior support members 101 extending up from the base portion to an interior support member plane (defined by top surface of the interior support member that surrounds interior support member groove) above the peripheral edge plane, wherein sidewalls of the interior support member form an extension of the interior cavity wall surface for a plurality (i.e. four) of the cavities 23.
Regarding claims 11 -13, ST-ONGE ‘169 further discloses the lid sidewall including a partial dome shape (at 91a) extending from the internal lid peripheral edge (see Diagram II above) that can be proximate to a (food) item supported within a cavity 23 of the base in the closed/sealed configuration (figure 5) to minimize movement of the item.
With respect to claims 14, ST-ONGE ‘169 further discloses the lid support member 103 to approximate a (food) item supported within a cavity 23 when the lid is in the closed/sealed configuration (figure 5) to minimize movement of the item.
In reference to claim 15, ST-ONGE further discloses coupling the lid support members 101, 103 together by a bridge 141 (figures 2 & 4) that provides structural rigidity to the lid during transportation and storage of the container (column 7 lines 40-48).
Regarding claims 17-19, ST-ONGE ‘169 further discloses connecting the lid portion to the base portion along a hinge 34 at the peripheral edges of the lid portion and the base portion (figure 4) to permit the lid portion to be selectively coupled to the base portion in an open position to display the interior contents of the container or the closed/sealed position, wherein the hinge 34 may be perforated (i.e. weakend line- column 6 lines 34-35).
With respect to claim 20, ST-ONGE ‘169 discloses a method comprising: forming a lid portion and a base portion of a container, wherein the lid portion has a plurality of de-nesting (column 7 lines 40-48) lugs 141 within a (interior) recess proximate to a peripheral edge of the container (figure 1); incorporating a plurality of cavities 23 in the base portion, wherein each cavity 23 has an interior wall surface extending up a first axis from a cavity base wall (see Diagram II above of Figure 1), a first portion of the interior wall surface terminates at a cavity rim where the first portion of the interior wall surface intersects with a peripheral edge of the base portion (see Diagram II above of Figure 1), and an exterior cavity rim portion formed by the plurality of cavities 23; configuring the lid portion to have a lid peripheral edge surface defining a lid edge surface defining a lid peripheral plane (see Diagram III above of Figure 1), a lid sidewall (see Diagram III above of Figure 1) extending along an axis from an upper lid surface to the lid peripheral edge surface, a planarly extending internal peripheral lip edge that approximates a the entire cavity rim and extends past an edge of the cavity rim to overly the cavity when the lid portion is in a sealed position with the base portion (Figure 4); extending interior support members 101, 103 from the base portion and from the lid portion, each interior support member 101 of the base portion having a top surface that approximate a (bottom surface) of the support member 103 extending from the lid portion to maintain adequate spacing between items in the cavities (column 7 lines 9-11).
Although ST-ONGE ‘169 disloses lugs 141 which protrude from the lid adjacent to a peripheral edge of the lid, the lugs 141 do not extend “upward” from the lid, wherein the direction of upward is understood to be the same direction of the axis along which the sidewall of the lid extends. KALMANIDES teaches a method comprising: providing a lid portion having a plurality of de-nesting lugs 26 within a recess 40 proximate to a peripheral edge of the lid portion, wherein the de-nesting lugs 26 does not come into contact with the peripheral edge and the de-nesting lug 26 extends away form a base portion 16 when the lid is in a closed position (figure 1). It would have been obvious to one having ordinary skill in the art at the time of filing the invention to have modified the de-nesting lugs provided in the method of ST-ONGE to extend away from the base portion rather than toward the base portion in the closed configuration since the combined disclosures of ST-ONGE and KALAMINDES support the knowledge in the art that a mere reversal of the essential working parts of a device involves only routine skill in the art. 3
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GLORIA R WEEKS whose telephone number is (571)272-4473. The examiner can normally be reached M-F 8am-2pm & 5pm-7pm EST.
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/GLORIA R WEEKS/Primary Examiner, Art Unit 3731
January 24, 2026
1 In re Einstein, 8 USPQ 167.
2 In re Einstein, 8 USPQ 167.
3 In re Einstein, 8 USPQ 167.