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 .
Specification
The disclosure is objected to because of the following informalities. Appropriate correction is required:
In Claim 1, the last line of the claim – the claim should read “…end walls and lid members are interengaged to form a sealed and insulated storage space.”
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Drawings
The drawings are objected to under 37 CFR 1.83(a) because (***note that for convenience, paragraph references reflect the PG Pub version of the specification). :
The drawings must show every feature of the invention specified in the claims. The following features must be shown or the feature(s) canceled from the claim(s). No new matter should be entered:
“Side Member” (Claims 10-13); No structure cited in specification named “side member.”
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claims 10 -13 rejected under 35 U.S.C. 112(a) as failing to comply with the enablement requirement. The claim(s) contains subject matter (i.e., the limitation “side member”) which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Because (A) the Inventor has not provided direction (for example, with respect to “the side member” – there are no drawings where the side member is illustrated, there are only 3 mentions of the structure “side member” in the specification with no associated part numbers.),
(B) no working examples have been disclosed, to show “the side member,” and…
(C) the breadth of the claims (Claims 10-13), undue experimentation would be required for a person of ordinary skill in the art, in order to make or use the invention.
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.
Claim “side member” – Claim 10 and “the side members” – Claims 11-13 are rejected under 35 U.S.C. 112(b), as failing to set forth 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.
Claim 10-13 recites the limitation "the side members" in the body of the claim. The “side members” is not defined in the specification (there are 3 mentions of the “side member” in the specification.). It is unclear if the “side member” has a clear structure that interacts with the remainder of the cited structures to produce a sealed, insulated container. As such, the term “side member” is interpreted to mean any structure between the four sidewalls that engages each of the side walls that improves the sealing quality of the container.
Claim Rejections - 35 USC § 103
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 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 1-17 are rejected under 35 U.S.C. 103 as being unpatentable over of Lee et. al. (KR 101311186 – hereafter referred to as Lee) in further in view of Yushin (KR 20110002932 – hereafter referred to as Yushin). The Examiner’s Annotated Diagram A for Lee follows:
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Examiner's Annotated Diagram A
In regards to Claim 1, Yushin teaches a container (Annotated Diagram A, Item A) for storing items in an insulated environment (Paragraph 0029 describes the invention as a “…folding type heat insulation box…”), comprising:
a base (Bottom Plate – 1) having integrally formed opposing end supports (Convex Portions – 10) projecting above a surface (Diagram A, Item B) of the base (1) and at least one elevated edge (Annotated Diagram A, Item C) extending between the opposing end supports (10);
a pair of end walls (First and Second Side Plates – 2a and 2b), each end wall (2a and 2b) hingedly mounted (Paragraph 0035 and Figure 1 at Annotated Diagram A) to an upper end (Annotated Diagram A, Item D) of the end supports (2a and 2b); a pair of side walls (Front and Rear Plates, 3a and 3b), one of the side walls (3a and 3b) being hingedly mounted (Via hinge – 6, and Paragraph 0033) to a surface (Annotated Diagram A, Item E) of the base (1) along an edge (edge of base – 1) thereof to extend between the end supports (10) and the other side wall (3a and 3b) being hingedly mounted to an upper end (See Figure 3 of Annotated Diagram A – where 3A and 3b are mounted via hinge 6 to an upper edge of 3a and 3b) of the elevated edge (C) of the base (1) to extend between the end supports (3a and 3b);
and a pair of lid members (4a and 4b), each lid member being hingedly (Via Hinge 7) mounted to an upper end of the end walls or side walls (End Walls as defined by the examiner – 2a and 2b); wherein, in a first folded state (Annotated Diagram A, First Folded State Excerpt) each of the side walls (3a and 3b), end walls (2a and 2b) and lid members (4a and 4b) are foldable (Paragraph 0069 describes the folding process) to extend over the base in a stacked manner (Paragraph 0071 – describes minimizing the volume of the box for storage.), and in a second assembled state (Diagram A, Figure 1) each of the side walls (3a, 3b), end walls (2a, 2b) and lid members (4a and 4b) are interengage to form a sealed (Paragraph 0071 – describes airtightness as and advantage of the invention) and insulated storage space (Paragraph 0071 describes the invention as a “thermal insulation box.”).
Lee teaches a front and side plate configuration that differs slightly from the claimed invention in that Lee defines the front and side plates on different planes. In an effort to clarify future prosecution, an additional reference is offered to show that applicant’s claimed invention’s planar definitions are known within the packaging arts.
Yushin teaches the same structures as Lee, but in the configuration claimed were the lid panels extend from the side walls. See Examiner’s Annotated Diagram B for Yushin that follows:
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Examiner's Annotated Diagram B
It would have been obvious to one having ordinary skill in the art at the time the application was filed to modify lid structure of Lee (Hinged lid panel depending from Side Wall), providing the lid structure taught by Yushin (Hinged lid panel depending from end wall), motivated by the benefit of improving the collapsibility of the container (Page 1, Paragraph 1 – Improve folding efficiency.). Moreover, the combination of prior art elements (Changing hinge locations of lid panels with side OR end panels) according to known methods (Changing hinge locations with respect to collapsed container requirements) to yield predictable results (Improved container stacking efficiency – Page 1, Paragraph 1 of Translation) is Rational (A) of the rationales supporting a conclusion of obviousness issued by the Supreme Court in KSR v. Teleflex. See MPEP 2141(III).
In regards to Claim 2, Lee teaches a container (Annotated Diagram A, Item A) for storing items in an insulated environment (Paragraph 0029), wherein the upper end (D) of the elevated edge (C) of the base (1) is elevated above the surface of the base (1) a height equivalent (See Annotated Diagram A, First Folded State excerpt where this limitation appears to be met) to a thickness of the side wall (3a,3b) mounted to the surface of the base (1) (NOTE THAT: the heights of the folding walls must be separated by some amount in order to affect the folding scheme claimed in the instant application. Finding the right differences in heights of the components in order to make the container a foldable container is a value that could be found by one of ordinary skill in the packaging and manufacturing arts.).
In regards to Claim 3, Lee teaches a container (Annotated Diagram A, Item A) for storing items in an insulated environment (Paragraph 0029), wherein when the side walls (3a and 3b) are folded inwardly in the first folded state (Annotated Diagram A, First Folded Stated Excerpt), the side wall (3a or 3b) mounted to the surface (B) of the base (1) is positioned below the side wall (2a or 2b) mounted to the elevated edge (C) of the base (1) (See annotated Diagram A, Figures 1 and 3 where the elevated edges are below at or above the walls of the folded side walls (3a or 3b) (Again, this is driven by the geometry of the container and the requirement to collapse the container to within its footprint.).
In regards to Claim 4, Lee teaches a container (Annotated Diagram A, Item A) for storing items in an insulated environment (Paragraph 0029), wherein when the side walls (3a and 3b) are folded inwardly in the first folded state (See Annotated Diagram A, First Folded Stated Excerpt) the combined height of the side walls (3a and 3b) above the surface (B) of the base (1) is substantially the same as the height of the end supports (D) above the surface (B) of the base (1).
In regards to Claim 5, Lee teaches a container (Annotated Diagram A, Item A) for storing items in an insulated environment (Paragraph 0029), wherein when the end walls (2a and 2b) are folded inwardly in the first folded state (Diagram A, First Folded State Excerpt), the end walls (2a and 2b) are supported on an upper surface of the folded side walls (3a and 3b) (See Paragraph 0041 where the plates (3a-3b) are folded on plates 2a and 2b, a “…stable surface contact is achieved.” – Meeting this limitation.).
In regards to Claim 6, Lee teaches a container (Annotated Diagram A, Item A) for storing items in an insulated environment (Paragraph 0029), wherein the pair of side walls (3a and 3b) are mounted to the surface (D) of the base (1) and the upper end of the elevated edge (C) of the base (1) by way of one or more hinge members (Annotated Diagram A, Figure 3 shows item 6 – hinges that are mounted to all the side and end wall panels.).
In regards to Claim 7, Lee teaches a container (Annotated Diagram A, Item A) for storing items in an insulated environment (Paragraph 0029), wherein the hinge members (Hinge – 6 and Paragraph 003 – translation) are configured to facilitate pivotal movement of the side walls (3a and 3b) between the first folded state (Diagram A, First Folded State Excerpt) and the second assembled state (Figure 1) and to prevent pivotal movement of the side walls outside of these states (Note: The hinges are disposed on the interior of the structure, where the thickness of the structure prevents rotation of walls 2a/2b/3a/3b beyond the assembled state.).
In regards to Claim 8, Lee teaches a container (Annotated Diagram A, Item A) for storing items in an insulated environment (Paragraph 0029), wherein the pair of end walls (2a, 2b) are mounted to the upper end (D) of the end supports (10) by way of one or more hinge members (6)(See Diagram A, Figure 3 where the exploded view of the collapsable container has hinge elements – 6, on all four vertical walls when the walls are in the assembled state.).
In regards to Claim 9, Lee teaches a container (Annotated Diagram A, Item A) for storing items in an insulated environment (Paragraph 0029), wherein the hinge members (6) are configured to facilitate pivotal movement of the end walls (2a, 2b) between the first folded state (Diagram A, First Folded State Excerpt) and the second assembled state (Diagram A, Figure 1) and to prevent pivotal movement of the end walls (2a, 2b) outside of these states (Presence of flanges at outer edges of each of the walls prevents rotation beyond the assembled state of Figure 1.).
In regards to Claim 10, Lee teaches a container (Annotated Diagram A, Item A) for storing items in an insulated environment (Paragraph 0029), wherein each of the end walls (2a and 2b) have side members (Side Protrusions – 22) that project from opposing sides of the end walls (2a and 2b) to engage with the side walls (3a and 3b) when the end walls (2a and 2b) and side walls (3a and 3b) are in the second assembled state (Diagram A, Figure 1) (See Translation – Paragraph 0052 where the side surface recessed protrusions – 22 describe the interaction between protrusions – 22 on side plates – 3a/b with the recessed portions – 32 on the end plates – 2a/b – in order to form a tight contact without a gap.).
In regards to Claim 11, Lee teaches a container (Annotated Diagram A, Item A) for storing items in an insulated environment (Paragraph 0029), wherein the side members (22) project in a direction toward the other end wall (2a/b) when the end walls (3a/b) are in the second assembled state (Diagram A, Figure 1) (See Diagram A where the protrusions and recesses meet this limitation in order to form a tight contact without a gap – Paragraph 0052.).
In regards to Claim 12, Lee teaches a container (Annotated Diagram A, Item A) for storing items in an insulated environment (Paragraph 0029), wherein side members (22) of the end walls (2a/b) engage with the side walls (3a/b) to form a sealed edge therebetween (Paragraph 0052 describes a tight contact without a gap that implies sealing.).
In regards to Claim 13, Lee teaches a container (Annotated Diagram A, Item A) for storing items in an insulated environment (Paragraph 0029), wherein a groove (Side Recess Part – 32) is formed along an inner surface (See Figure 7 where the groove is on in inner surface) of the side members (3a/b) that receives a tongue member (Side Protrusion – 22) formed on an outer surface of the side wall (2a/b) to form the sealed edge therebetween (Diagram A, Figure 1) (See Translation – Paragraph 0052 where the side surface recessed protrusions – 22 describe the interaction between protrusions – 22 on side plates – 3a/b with the recessed portions – 32 on the end plates – 2a/b – in order to form a tight contact without a gap.) (Paragraph 0028 – Translation – last paragraph where “…the airtightness…of the joints between the plate materials are excellent…”).
In regards to Claim 14, Lee teaches a container (Annotated Diagram A, Item A) for storing items in an insulated environment (Paragraph 0029), wherein an interface between the base (1) and the side walls (3a/b) and the base (1) and the end walls (2a/b) are configured to form a seal (Paragraph 0028 – last paragraph) therebetween when the side walls (3a/b) and the end walls (2a/b) are in the second assembled state (Diagram A, Figure 1) (Paragraph 0028 – Translation – last paragraph where “…the airtightness…of the joints between the plate materials are excellent…”).
In regards to Claim 15, Lee teaches a container (Annotated Diagram A, Item A) for storing items in an insulated environment (Paragraph 0029), wherein the seal (Per Paragraph 0028 – last paragraph) is formed by a rib (Side Protrusion – 22) provided in either the end wall (2a/b)/side wall (3a/b) or base (1) being received in a channel (Side Recess Part – 32) provided in either the base (1) or end wall (2a/b)/side wall (3a/b) when the side walls (3a/b) and end walls (2a/b) are in the second assembled state (Diagram A, Figure 1). EXAMINER’S NOTE: Per MPEP 2144.04, Section VI. A – The reversal of structural features performing the same function does not result in a patentable difference (In this case – protrusions and channels to improve airtightness of collapsible containers.). See In re Gazda, 219 F.2d 449, 104 USPQ 400 (CCPA 1955).
In regards to Claim 17, Lee teaches a container (Annotated Diagram A, Item A) for storing items in an insulated environment (Paragraph 0029), wherein the base (1), side walls (3a/b), end walls (2a/b) and lid members (4a/b) are detachable (See exploded view of Figure 3 of Annotated Diagram A where items 6 – Hinge assembly – has fasteners that have the capability of being detached per paragraphs 0056-0058, the lid assemblies are detachable based on the second hinge assemblies – 7 and Paragraphs 0060-0062 – Meeting this limitation.).
Claims 16 is rejected under 35 U.S.C. 103 as being unpatentable over of Lee in of Yushin and in further view of Su (CN 110217462 – published 9-10-2019 using US 20220297882 as translation).
In regards to Claim 16, Lee – as modified previously - teaches a container (Annotated Diagram A, Item A) for storing items in an insulated environment (Paragraph 0029), where the rib and channel interface creates and airtight storage environment when the contain is in the assembled configuration.
Lee – as modified above – does not explicitly teach an interference fit between the rib and channel.
Su – in a similar disclosure on a collapsible container with airtight qualities -wherein the previously taught rib is configured to be slightly larger than the previously taught channel such that when the rib is brought into contact with the channel an interference fit is created to form a seal along the interface (Paragraph 0139 describes the sealing element between the lid and side panels has – “…a number of protrusions can be provided on the outer edge of the lid inner plate – 44 and a number of complementary grooves can be provided on the sealing element – thereby the sealing element is snap-fitted to the lid inner plate (i.e., interference fit.)…”)(Paragraph 0139 – in order to seal two surfaces together with an interference fit.)
It would have been obvious to one having ordinary skill in the art at the time the application was filed to configure the sealing structure of Lee as modified by Yushin, providing the interference fit sealing structure taught by Su, motivated by the benefit of improving the sealing properties of the collapsible container – Paragraph 0139. Moreover, simple substitution of a known element (Tongue and Groove connections) for another (Tongue and Groove connections with an interference fit) with a predictable result (Improved sealing performance in the assembled container configuration) is rationale (B) of the rationales supporting a conclusion of obviousness issued by the Supreme Court in KSR v. Teleflex. See MPEP 2141(III).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Yoshida et al. (US 20200270022 discloses Figures 1-45 and hinged structures in sufficient detail to separate this invention from the prior art as well as general features relevant to the scope and structure of the claimed invention.
Sulger et al. (US 20200047943) discloses Figures 1-6 and similar features as well as the use of partitions within a collapsible container as well as general features relevant to the scope and structure of the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to John M. Hoppmann whose telephone number is (571) 272-7344. The examiner can normally be reached from Monday - Thursday, 7:30 - 5:30 EST.
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, Nathan Jenness can be reached on (571) 270-5055. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/JOHN MARTIN HOPPMANN/Examiner, Art Unit 3733 /DON M ANDERSON/Primary Examiner, Art Unit 3733