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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 3/30/2026 has been entered.
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 7, and 10-14 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. 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 in combination with the container. The second of said pair of mateable fasteners is structure of the receptacle and not the container.
Claims 10-14 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) 1-4, 7-8, and 10-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Deng (U.S. 2019/0269213).
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, Deng discloses a container, comprising: a container body (body of 10 defined by covers 11 and 12) having container sidewalls (sidewalls of 10) extending from a container bottom (bottom of 10) to a container rim (rim of 10, defining slot 13); and a clip (14) including a clip arm (body of 14) having a clip arm first end (end of 14 secured by 16) attached to said container body proximate said container rim (see Fig. 1) and downwardly extending to terminate in a clip second end,
said clip arm having an outward curvature (curved distal end of 14) proximate said clip second end to dispose said clip second end a distance from said container body (see Fig. 1),
said clip arm including a clip aperture (clip 14 disclose multiple apertures, including 15) circumscribed by clip aperture edges (curved edges of aperture 15) defining a first of a pair of mateable fasteners (aperture edges 15) including a receiving channel (V-shaped channel of 15) configured to slidably removably couple to a second pair of mateable fasteners (see Fig. 6).
2. The container of claim 1, wherein said clip arm comprises a resiliently flexible material (see para [0049]).
3. The container of claim 2, wherein said clip arm including an inward curvature proximate the clip second end (see clip end of 14 and Fig. 1).
7. The container of claim 1, further comprising said second of said pair of mateable fasteners (31) including a post terminating in a post end which outwardly radially extends from said post (See Examiner’s Note and Fig. 6), wherein said post end configured to pass through said clip aperture (see Fig. 6), wherein said post end disposed between said clip arm and said container (see Fig. 6).
8 (currently amended). A container, comprising: a container body (body of 10) having container sidewalls extending from a container bottom to a container rim (see Fig. 1); and
a clip (14) including: a clip arm (arm of 14) 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 (see Fig. 1), said clip configured to receive a substrate material between said clip arm and said container body (see Fig. 1);
a clip aperture (15) disposed in said clip arm, said clip aperture circumscribed by clip aperture edges (edges of 15);
a post receiving channel (channel of 15) open to said clip aperture and extending toward said clip first end to terminate in a closed channel second end (see Fig. 1), said post receiving channel open to said clip aperture configured to allow a post terminating in a post end to pass through said clip aperture and slidably pass said post into said post receiving channel to dispose said post end between said clip arm and said container body (see Fig. 6).
10 (previously presented). The container of claim 7, further comprising a post receiving channel (channel of 15) having a channel first end open to said clip aperture and extending toward said clip first end to terminate in a closed channel second end (triangular shape channel of 15 starting from an open end to a closed end), wherein said post end configured to pass through said clip aperture and slidably pass into said post receiving channel to dispose said post end between said clip arm and said container body (see Fig. 6).
11 (original). The container of claim 10, wherein said post and said post receiving channel configured to arrest rotation of said post slidably engaged with said post receiving channel (see Fig. 6).
12 (original). The container of claim 11, wherein said post includes a pair of substantially parallel opposed post sides (see Examiner Note and 31) and said post receiving channel correspondingly includes a pair of substantially parallel opposed channel edges (pair of opposed edges of 15), whereby said post slidably inserted into the post receiving channel arrested from rotation within the post receiving channel (see Fig. 6).
13 (original). The container of claim 11, wherein said post receiving channel includes opposed channel edges which inwardly taper approaching said channel second end (tapered edges of 15), wherein opposed post sides correspondingly taper between a post taper narrow end and a post taper wide end (see 15 of Fig. 6), whereby said post slidingly received in said post receiving channel generates an interference fit between the tapered opposed post sides and the tapered post receiving channel edges (see Examiner’s Note and Fig. 6).
14 (original). The container of and one of claims 10 through 13, wherein proximate said channel first end one or both of said opposed channel edges include a detent (tip end of 15) over which the post can be forcibly urged and resists release of said post received into the post receiving channel.
Allowable Subject Matter
Claim 15 is allowed.
The following is a statement of reasons for the indication of allowable subject matter: It appears the prior art fails to disclose the hanger disclosed in claim 15.
Claims 17-19 are objected to as being dependent upon a rejected base claim, but would be 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 with respect to claim(s) 1-3, 7,-8, 10-15, and 17-19 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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.
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, 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
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