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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 09/15/2026 has been entered.
All claims are identical to or patentably indistinct from, or have unity of invention with claims in the application prior to the entry of the submission under 37 CFR 1.114 (that is, restriction (including a lack of unity of invention) would not be proper) and all claims could have been finally rejected on the grounds and art of record in the next Office action if they had been entered in the application prior to entry under 37 CFR 1.114. Accordingly, THIS ACTION IS MADE FINAL even though it is a first action after the filing of a request for continued examination and the submission under 37 CFR 1.114. See MPEP § 706.07(b). 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.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-4, 6-11, 13, 15, 21-27 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Eisenbach (US 3421682 A).
Eisenbach discloses:
1. A container (figs 1-7), comprising:(a) a base (2), including: (i) a sidewall at least partially defining a base chamber (side of device shown in drawing below with internal space being a chamber, such as adjacent 20), and (ii) a peripheral frame projecting vertically upward from the sidewall and
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surrounding the base chamber such that the base chamber is horizontally inward from the peripheral frame (as shown in above drawing, such as with “frame” and also shown in below figure), wherein the peripheral frame includes a continuous upper sealing surface surrounding the base chamber and configured to engage a lower sealing surface of a lid (as shown in the above figure); and (b) an inner securement including a base securement portion positioned on the base (As shown in above drawing), wherein the base securement portion is horizontally inward of the upper sealing surface and the peripheral frame and configured to releasably connect to a lid (as in the above and below figure);
the base securement portion including: (i) a support frame extending horizontally inward and downward from the upper sealing surface of the frame, the support frame surrounding the base chamber (frame portion of base securement portion such as vertical cylindrical wall; as shown in below figure of which is inward and downward and surrounding the chamber),
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(ii) a first post extending vertically upward from the support frame adjacent to the peripheral frame and horizontally inward from the peripheral frame such that the continuous upper sealing surface surrounds the first post and the first post is positioned horizontally between the continuous upper sealing surface and the base chamber (as shown in below first figure), wherein the first post is configured to releasably connect to the lid (capable of performing the above intended use), and wherein the support frame is configured to provide rigidity to and support the first post while releasably connecting the lid to the first post (capable of performing the above intended use).
2. The container of claim 1, wherein a lower sealing surface of the lid is a continuous lower sealing surface of the lid such that the continuous upper sealing surface is configured to engage the lower sealing surface of the lid (capable of performing the above intended use), wherein the first post of the base securement portion is positioned horizontally inward of the upper sealing surface (As shown in above figures).
3. The container of claim 1, wherein the peripheral frame defines an opening into the base chamber, wherein the first post extends vertically upward toward the opening (As shown in above figures, with opening space above base chamber).
4. (Currently Amended) The container of claim 3, wherein the base securement portion further includes a second post extending vertically upward toward the opening from the support frame adjacent to the peripheral frame and horizontally inward from the peripheral frame, wherein the second post is configured to releasably connect to the lid, and wherein the support frame is configured to provide rigidity to and support the second post while releasably connecting the lid to the second post (As shown in above figures, capable of performing the above intended use) ).
7. The container of claim 1, wherein the base securement portion includes a plurality of detent features positioned horizontally inward of the peripheral frame and configured to releasably connect to the lid (such as post, support frame and projection already described above in claims 3-6).
8. The container of claim 1, further comprising a lid (Adjacent 1), and wherein the inner securement further includes a lid securement portion configured to releasably connect to the base securement portion on the base (figure below).
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9. The container of claim 8, wherein the peripheral frame includes a continuous upper sealing surface surrounding the base chamber (in figure for claim 1), wherein the lid further includes a continuous lower sealing surface configured to engage with the upper sealing surface with the lid releasably connected to the base, and wherein the lid securement portion is positioned horizontally inward of the lower sealing surface of the lid (as shown in the above annotated figures, such as in claim 8).
10. The container of claim 9, wherein the lid securement portion includes a plurality of detent features (side surface of element, lower circular surface of element).
11. The container of claim 8, wherein the lid securement portion has a first cap, wherein the cap is configured to releasably receive the post therein (post element shown in figure in claim 1, and cap between the lower surface of lid securement portion shown in claim 8).
13. The container of claim 8, wherein the lid includes a plurality of arches formed therein and configured to provide structural rigidity to the lid (features shown in above figure in claim 8).
15. The container of claim 1, wherein the base and the base securement portion of the inner securement are of single, unitary construction (as shown in both of the above figures).
21. The container of claim 2, wherein the peripheral frame defines an opening into the base chamber, and wherein the continuous upper sealing surface surrounds the opening (as in the figures of claim 1 where an opening existing around frame).
22. The container of claim 11, wherein the first cap is adjacent to the continuous lower sealing surface of the lid and positioned horizontally inward of the continuous lower sealing surface of the lid (as shown on lid side of the above figures).
23. A container (figs 1-7), comprising:(a) a base (2), including:(i) a sidewall at least partially defining a base chamber (side of device shown in drawing below with internal space being a chamber, such as adjacent 20), and (ii) a peripheral frame projecting vertically upward from the sidewall and surrounding the base chamber such that the base chamber is horizontally inward from the peripheral frame (as shown in above drawing as in claim 1, such as with “frame” and also shown in second figure in claim 1), wherein the peripheral frame includes a continuous upper sealing surface surrounding the base chamber configured to engage with a lower sealing surface of a lid (As shown in above figures, capable of performing the above intended use)); and (b) an inner securement including a base securement portion positioned on the base (As shown in above drawings, as in claim 1), wherein the base securement portion is horizontally inward of the continuous upper sealing surface of the peripheral frame and configured to releasably connect to the lid (As shown in above drawings, as in claim 1), such that the continuous upper sealing surface surrounds the base securement portion and the base securement portion is positioned horizontally between the continuous upper sealing surface and the base chamber (as shown in the above drawings, as in claim 1).
24. The container of claim 23, further comprising a lid, and wherein the inner securement further includes a lid securement portion configured to releasably connect to the base securement portion on the base (as shown in figures in claim 1 and claim 9).
25. The container of claim 24, wherein the lid further includes a continuous lower sealing surface configured to engage with the continuous upper sealing surface with the lid releasably connected to the base, and wherein the lid securement portion is positioned horizontally inward of the continuous lower sealing surface of the lid (as shown in figures in claim 1 and claim 9).
26. A container (figs 1-7), comprising:(a) a base (2), including:(i) a sidewall at least partially defining a base chamber (side of device shown in drawing below with internal space being a chamber, such as adjacent 20), and(ii) a peripheral frame projecting vertically upward from the sidewall and surrounding the base chamber such that the base chamber is horizontally inward from the peripheral frame (as shown in above drawing as in claim 1, such as with “frame” and also shown in other figure as in claim 1); and (b) an inner securement including a base securement portion positioned on the base, wherein the base securement portion is horizontally inward of the peripheral frame and configured to releasably connect to a lid (as shown in above figures as in claim 1), the base securement portion including:(i) a support frame extending horizontally inward and downward from the peripheral frame, the support frame surrounding the base chamber (as shown in above figures, as in claim 1), (ii) a plurality of detents projecting from the support frame such that the plurality of detents is adjacent to the peripheral frame and horizontally inward from the peripheral frame the plurality of detents being positioned horizontally between the peripheral frame and the base chamber (top portion above posts, as shown in the above figures, as in claim 1), wherein the plurality of detents is configured to releasably connect to the lid, and wherein the support frame is configured to support the plurality of detents while releasably connecting the lid to the plurality of detents (capable of performing the above intended use).
27. The container of claim 26, wherein the base securement portion includes a first post extending vertically upward from the support frame adjacent to the peripheral frame and horizontally inward from the peripheral frame (as in the above figures, such as in claim 1), wherein the plurality of detents are positioned on the first post (detent on post), and wherein the support frame is configured to provide rigidity to and support the first post while releasably connecting the lid to the plurality of detents (capable of performing the above intended use).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eisenbach as applied to claim 1 above, and further in view of Fishman (US 5439128 A)
Eisenbach discloses the claimed invention above with the exception of the following which is disclosed by Fishman: wherein the sidewall further includes an adjustable wall configured to selectively deflect between an extended state and a retracted state for adjusting a volume of the base chamber (as shown in figs 1-3). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Eisenbach in view of Fishman (by either replacing sidewalls and container portion with that of the secondary reference, or adding tractable feature to the existing sidewalls) in order to adjust the amount of space such as to hold additional contents while also providing the capability to reduce space for storage purposes, such as but not limited to, placing in a backpack for example.
Potentially Allowable Subject Matter
Claim 6 is objected to as being dependent upon a rejected base claim, but would be potentially allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments filed 09/15/2026 have been fully considered but they are not persuasive. Applicant states that the prior art does not disclose and upper sealing surface. The prior art discloses the above in the below drawing
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Applicant states that the prior art does not provide all of the distinct structures such as sealing surface, support frame, and first post. All of the structures are distinct in the prior art. For example, the above drawing includes sealing surface of the peripheral frame and post and the below drawing includes the support frame inward and downward from the surface.
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Applicant states that a lid and base do not engage. The Office notes that Merriam Webster defines engage as to bring together, and the lid and base and brought together along corresponding sealing surfaces, and therefore by definition. Accordingly, Applicant/Appellant has not demonstrated error in the factual findings or reasoning set forth by the Office and the Office must maintain the rejections.
Applicant states that the prior art does not disclose the subject matter of claim 6. The Office notes that the subject matter appears to be allowable in combination with the subject matter of claim 1.
Conclusion
All claims are identical to or patentably indistinct from, or have unity of invention with claims in the application prior to the entry of the submission under 37 CFR 1.114 (that is, restriction (including a lack of unity of invention) would not be proper) and all claims could have been finally rejected on the grounds and art of record in the next Office action if they had been entered in the application prior to entry under 37 CFR 1.114. Accordingly, THIS ACTION IS MADE FINAL even though it is a first action after the filing of a request for continued examination and the submission under 37 CFR 1.114. See MPEP § 706.07(b). 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 ANDREW D PERREAULT whose telephone number is (571)270-5427. The examiner can normally be reached Monday - Friday 7:00am-5:30pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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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/ANDREW D PERREAULT/Primary Examiner, Art Unit 3735
