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(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 1-18 are 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.
In claim 1 and 15, Applicant now states “grid on a side of said accessory grid closer to said base”. Applicant has failed to make clear Applicant’s intent as for example Applicant has failed to make clear as to closer with respect to which other element. Claims 2-14, 16-18 is/are rejected as being dependent on the above rejected claim(s).
Claim Rejections - 35 USC § 102/103
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.
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.
Claim(s) 15-18 is/are rejected under 35 U.S.C. 102(a1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Bond (US 20150233630 A1)
Bond discloses:
15. An accessory grid for securing an accessory to an insulated container, the accessory grid comprising: a first surface on a first side and a second surface on a second opposed side; a plurality of accessory mount holes extending through said first surface and said second surface, the plurality of accessory mount holes adapted to receive at least one engagement tab of said accessory; and an attachment mechanism that secures the accessory grid to a lid of the insulated container (already provided in claim 1-14, such as in claim 1);
Wherein said grid retains said accessory on a side of said accessory grid closer to a base of said container (the Office notes the 112 rejection above; nevertheless the office notes that the prior art is capable of performing the above intended use and further discloses the above in the below figure).
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16. The accessory grid of Claim 15, wherein the plurality of accessory mount holes define a plurality of slots for removably attaching the accessory at a plurality of positions along the accessory grid (features as in claim 1-14, as in claim 1).
17. The accessory grid of Claim 16 wherein the plurality of slots may extend in either or both of two dimensions (the device occupies a three dimensional space and based on movement of the device can extend in multiple dimensions).
18. The accessory grid of claim 15, wherein the attachment mechanism comprises a plurality of mount holes adapted to receive a plurality of accessory grid attachment elements of the lid of the insulated container (features as in claim 1-14, as in claim 1).
Claim(s) 1-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bond (US 20150233630 A1) in view of Petrek (US 6286678 B1)
Bond discloses:
1. A system (figs 1-8), comprising: an insulated container (10) having: a base and a lid (11, 12); said base having an outer shell, an inner shell, and a cavity therebetween having an insulating portion disposed in said cavity (as shown in fig 7 for example), and at least one storage compartment (interior area), said lid having a lid outer shell, a lid inner shell and a lid cavity therebetween having a lid insulating portion therebetween (as shown in fig 7 for example), an accessory grid disposed adjacent to the lid inner shell (adjacent 20); said accessory grid configured to be releasably secured to the lid inner shell (as in figs 1-8), the accessory grid comprising: a plurality of accessory mount holes extending through a first surface and a second surface of the accessory grid (adjacent 26 with two surfaces on each side of grid), the plurality of accessory mount holes adapted to receive at least one mount tab of an accessory (capable of performing the above intended use);
and an underlid attachment mechanism that secures the accessory grid to the lid of the insulated container (such as in fig 2 with elements adjacent “28” for example);
the accessory sized and shaped to be connected to said accessory grid on a side of said accessory grid closer to said base (the Office notes the 112 rejection above; nevertheless the office notes that the prior art is capable of performing the above intended use and further discloses the above in the below figure).
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With respect to the new amendment the Office notes the 112 rejection above. Nevertheless, Petrek discloses grid with holes receiving at least one mount tab of an accessory (14 with holes 16 with tab being portion of accessory that passes through hole, as in fig 1, 2b for example). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Bond in view of Petrek (by either replacing the existing grid with the above grid and support structure, or modifying the existing grid with the hole features capturing contents) in order to provide that the grid structure is capable of holding a particular type and sized item in order to provide convivence to the user. The Office further notes that the primary references discloses cylindrical contents and the provided grid in the secondary reference discloses features to hold cylindrical elements whereby the contents are more easily stored and accessed by the user.
Bond discloses:
2. The system of Claim 1, said plurality of accessory mount holes being slots (as in fig 2).
3. The system of Claim 2, said slots being one or both of horizontal or vertical (as in fig 2).
4. The system of Claim 2, said accessory grid further comprising one or more strengthen ribs (elements adjacent 22 provide strength).
5. The system of Claim 1 further comprising a notch allowing for storage behind said accessory grid (Space such as in fig 1 that holds 16).
6. The system of Claim 5, further comprising a storage location behind said accessory grid (location holding 16 for example in fig 1).
7. The system of Claim 1, said accessory grid being sized to provide a movable sag for storage therein (sag as in fig 1).
8. The system of Claim 1, said accessory comprising at least one of a storage container, pharmaceutical container, light, UV sanitizing light, or an ice block (capable of performing the above intended use; Applicant has chosen to use language that does not positively claim the accessory).
9. The system of Claim 1, said accessory comprising one or more engagement tabs (capable of performing the above intended use; Applicant has chosen to use language that does not positively claim the accessory).
10. The system of Claim 1, said lid comprising a plurality of attachment elements for connection of said accessory grid (such as adjacent 28, 18 as well).
11. The system of Claim 10, said plurality of attachment elements being rotating locks (elements 28 rotate to lock device).
12. The system of Claim 1, said accessory grid being formed integrally within said lid (as in fig 1).
13. The system of Claim 1, said accessory grid hingedly connected to pivot from a first position to a second upper position adjacent (the attached portion acts as a hinge so that a portion 21 for example can be adjusted between a first and second position).
Bond discloses:
15. An accessory grid for securing an accessory to an insulated container, the accessory grid comprising: a first surface on a first side and a second surface on a second opposed side; a plurality of accessory mount holes extending through said first surface and said second surface, the plurality of accessory mount holes adapted to receive at least one engagement tab of said accessory; and an attachment mechanism that secures the accessory grid to a lid of the insulated container (already provided in claim 1-14, such as in claim 1);
Wherein said grid retains said accessory on a side of said accessory grid closer to a base of said container (the Office notes the 112 rejection above; nevertheless the office notes that the prior art is capable of performing the above intended use and further discloses the above in the below figure).
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The prior art discloses the above. In order to expedite prosecution for Applicant, the Office notes that Petrek discloses grid with holes receiving at least one engagement/mount tab of an accessory (14 with holes 16 with tab being portion of accessory that passes through hole, as in fig 1, 2b for example). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Bond in view of Petrek (by either replacing the existing grid with the above grid and support structure, or modifying the existing grid with the hole features capturing contents) in order to provide that the grid structure is capable of holding a particular type and sized item in order to provide convivence to the user. The Office further notes that the primary references discloses cylindrical contents and the provided grid in the secondary reference discloses features to hold cylindrical elements whereby the contents are more easily stored and accessed by the user.
16. The accessory grid of Claim 15, wherein the plurality of accessory mount holes define a plurality of slots for removably attaching the accessory at a plurality of positions along the accessory grid (features as in claim 1-14, as in claim 1).
17. The accessory grid of Claim 16 wherein the plurality of slots may extend in either or both of two dimensions (the device occupies a three dimensional space and based on movement of the device can extend in multiple dimensions).
18. The accessory grid of claim 15, wherein the attachment mechanism comprises a plurality of mount holes adapted to receive a plurality of accessory grid attachment elements of the lid of the insulated container (features as in claim 1-14, as in claim 1).
Response to Arguments
Applicant's arguments with respect to the claims have been considered, but are moot because in view of the amendment the search has been updated, new prior art has been identified and a new rejection has been made. Nevertheless, Applicant states that the prior art does not disclose the new amendments. In claim 1 and 15, Applicant now states “grid on a side of said accessory grid closer to said base”. Applicant has failed to make clear Applicant’s intent as for example Applicant has failed to make clear as to closer with respect to which other element. Claims 2-14, 16-18 is/are rejected as being dependent on the above rejected claim(s). Bond discloses an accessory grid for securing an accessory to an insulated container, the accessory grid comprising: a first surface on a first side and a second surface on a second opposed side; a plurality of accessory mount holes extending through said first surface and said second surface, the plurality of accessory mount holes adapted to receive at least one engagement tab of said accessory; and an attachment mechanism that secures the accessory grid to a lid of the insulated container (already provided in claim 1-14, such as in claim 1); Wherein said grid retains said accessory on a side of said accessory grid closer to a base of said container (the Office notes the 112 rejection above; nevertheless the office notes that the prior art is capable of performing the above intended use and further discloses the above in the below figure).
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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 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