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 § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 4, 7, 10-14, and 16-19 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. The recitation of claim 4 is previously recited in independent claim 1. Claim 7 fails to further limit the container and the container’s structure. Claim 7 fails to positively claim the second of said pair of mateable fasteners. The recitation of claim 16 is previously recited in independent claim 15. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claims 10-14 and 17-19 are rejected for being dependent upon a rejected claim.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-7, and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Adams et al. (U.S. 2011/0240493).
Examiner’s Note: It has been held that a recitation italicized below with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex parte Masham, 2 USPQ2d 1647 (1987).
Furthermore, Applicant invention is drawn to a container and fails to positively recite the second of said pair of mateable fasteners and the hanger in combination with the container. The second mateable fastener and hanger (and its structure) is not structure of the container and therefore is not given any patentable weight
As for Claim 1, Adams discloses a container, comprising: a container body (body of 300) having container sidewalls (sidewalls of 300) extending from a container bottom (bottom of 300) to a container rim (rim of 300); and a clip (105) including a clip arm (back arm of 105) having a clip arm first end attached to said container body proximate said container rim and downwardly extending to terminate in a clip second end,
said clip arm having an outward curvature (curved distal end of 105) proximate said clip second end to dispose said clip second end a distance from said container body (see Fig. 1A),
said clip arm including a clip aperture (aperture in 105) circumscribed by clip aperture edges (right and left curved edges of apertures in 105) defining a first of a pair of mateable fasteners (aperture edges in 105) configured to a second pair of mateable fasteners.
2. The container of claim 1, wherein said clip arm comprises a resiliently flexible material (see para [0039-0040]).
3. The container of claim 2, wherein said clip arm including an inward curvature proximate the clip second end (see clip end of 105 and Figs 1A-1C).
4. The container of claim 3, wherein said clip arm including an outward curvature proximate said clip second end (see clip end of 105) to dispose said clip second end a distance from said container body (see Figs 1A-1C).
7. The container of claim 6, wherein said second of said pair of mateable fasteners including a post terminating in a post end which outwardly radially extends from said post (See Examiner’s Note), wherein said post end configured to pass through said clip aperture (see Fig. 1A), wherein said post end disposed between said clip arm and said container (see para [0039-0040]).
Allowable Subject Matter
Claims 8 and 15 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: It appears the prior art fails to disclose the post receiving channel and the hanger disclosed in claims 8 and 15.
Response to Arguments
Applicant's arguments filed 9/17/2025 have been fully considered but they are not persuasive.
In response to Applicant’s argument that Adam does not teach or suggest that either the first aperture or the second aperture in clip 105 defines a first pair of mateable fasteners, Examiner respectfully disagrees. The right and left side edges of the aperture mates with the fastener that is inserted into the aperture of 105, which Applicant believes reads on claim 1.
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 DAVID M UPCHURCH whose telephone number is (571)270-7957. The examiner can normally be reached 6AM-3PM EST M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason San can be reached at (571)272-6531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID M UPCHURCH/Primary Examiner, Art Unit 3677