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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 19 January 2026 has been entered.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the top surface comprising a planar portion and a concave portion of claim 1, a concave portion that is coupled to the at least one peripheral outer wall by a rounded joint of claim 1, and a void or gap in the at least one peripheral outer wall, the planar portion and the concave portion of the top surface, and the rounded joint around a perimeter of the partial dome structure defines the open side of claim 15 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: planar portion, concave portion, rounded joint.
The disclosure is objected to because reference character “12” has been used to designate partial cover and partial dome.
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.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
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 of carrying out his invention.
Claims 1, 3-7, 13-16, and 18 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The limitation of claim 1 that “the top surface comprises a planar portion and a concave portion” fails to comply with the written description requirement. While the original specification discloses “a top planar surface (top surface 24)”, “the top surface 24 may generally define the same partial shape (e.g., a projected shape for non-planar top surfaces 24) as the bottom edge 16 and/or peripheral outer wall 22”, and “in additional or alternative embodiments, the top surface 26 may be partially or wholly concave outwards or convex inwards”, there is no disclosure of a top surface having both a planar portion and a concave portion. Examiner notes that no concave portions of a top surface are shown.
The limitation of claim 1 that “the top surface comprises a planar portion and a concave portion that is coupled to at least one peripheral outer wall by a rounded joint” fails to comply with the written description requirement. While the original disclosure provides that “the top surface 24 may generally define the same partial shape (e.g., a projected shape for non-planar top surfaces 24) as the bottom edge 16 and/or peripheral outer wall 22” and “in additional or alternative embodiments, the top surface 26 may be partially or wholly concave outwards or convex inwards”, there is no disclosure of a concave portion coupled to the at least one peripheral outer wall by a rounded joint where the top surface has a planar portion in addition to that concave portion. The only disclosure of a concave portion which may be considered to be coupled to the at least one peripheral outer wall by a rounded joint appears to be when the top surface is wholly concave outwards. Examiner notes that no concave portions of a top surface are shown.
The limitation of claim 15 of “a void or gap in the at least one peripheral outer wall, the planar portion and the concave portion of the top surface, and the rounded joint around a perimeter of the partial dome structure defines the open side” fails to comply with the written description requirement. From the original disclosure “the partial dome structure may include at least one peripheral outer wall, and a void or gap in the at least one peripheral outer wall around a perimeter of the partial dome structure may define the open side” and “that a void or gap defined between peripheral outer walls 22 and/or portions of the peripheral outer wall(s) 22 may define the open side 20”.
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.
Claim(s) 1, 3, 5, 7, 13, and 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over COLOMBO (IT 202200001802) further in view of Kuriyama (WO 2006080060) and Vovan (US 20090020540).
Claim 1: COLOMBO discloses a food cover 1 (partial cover device) for dinnerware for protecting food disposed thereon or therein from foreign particles, the food cover 1 (partial cover device) comprising: a portion 2a (partial dome structure) defining an open bottom and an open side and adapted to be disposed over only a portion of the dinnerware, thereby providing access to a portion of the food disposed on or in the dinnerware, wherein the portion 2a (partial dome structure) comprises at least one outer peripheral wall and a top surface, wherein the top surface comprises a planar portion and wherein the top surface is coupled to the at least one peripheral outer wall by a rounded joint; and a lip structure extending from a bottom edge of the open bottom of the portion 2a (partial dome structure) and configured to contact a surface supporting the food cover 1 (partial cover device) when the food cover 1 (partial cover device) is in use, wherein the lip structure has an outer end opposite an inner end of the lip structure extending from the bottom edge of the open bottom of the portion 2a (partial dome structure), wherein the food cover 1 (partial cover device) can sit on a plate 3 (see annotated fig. 2 and 7 below).
COLOMBO does not disclose wherein the top surface comprises a concave portion that is coupled to the at least one peripheral outer wall by a rounded joint or the lip structure includes a lip protrusion extending vertically upwards from an outer end of the lip structure opposite an inner end of the lip structure extending from the bottom edge of the open bottom of the partial dome structure.
Kuriyama teaches a case having a lid 3 having a lip structure extending from a bottom edge of an open bottom of the lid 3, wherein the lip structure includes a lip protrusion extending vertically upwards from an outer end of the lip structure opposite an inner end of the lip structure extending from the bottom edge of the open bottom of the lid 3, and a tray 2 having a peripheral groove, wherein the lip structure fits within the groove to engage the tray 2 and lid 3 (see annotated fig. 2A below and fig. 2B).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the portion 2a (partial dome structure) to have a lip protrusion extending vertically upwards from the outer end of the lip structure opposite the inner end of the lip structure and the plate 3 to have a peripheral groove engageable with the lip structure, as taught by Kuriyama, in order to properly locate the food cover 1 (partial cover device) on the plate 3 and lock the food cover 1 (partial cover device) to the plate 3 such that the food cover 1 (partial cover device) is not accidentally separated from the plate 3 exposing food.
Vovan teaches a container 10 having a at least one peripheral outer wall and a top surface, wherein the top surface comprises a planar portion and a concave portion that is coupled to the at least one peripheral outer wall by a rounded joint (see fig. 1 and annotated partial fig. 4 below).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the top surface of the portion 2a (partial dome structure) to have a concave portion coupled to the rounded joint, as taught by Vovan, in order to provide the portion 2a (partial dome structure) with greater strength and rigidity.
PNG
media_image1.png
389
531
media_image1.png
Greyscale
PNG
media_image2.png
384
644
media_image2.png
Greyscale
PNG
media_image3.png
378
622
media_image3.png
Greyscale
PNG
media_image4.png
703
526
media_image4.png
Greyscale
Claim 3: The combination discloses wherein a void or gap in the at least one peripheral outer wall around a perimeter of the portion 2a (partial dome structure) defines the open side (see annotated fig. 2 above).
Claim 5: The combination discloses wherein the top surface extends between different portions of a same peripheral outer wall of the at least one peripheral outer wall, the planar portion of the top surface defining a portion of a circle (see annotated fig. 2 above).
Claim 7: The combination discloses wherein the portion of the circle defined by the planar portion of the top surface includes 55%-75% of an area of a full circle associated with the portion of the circle (see annotated fig. 2 above and fig. 4).
Claim 13: The combination discloses wherein the lip protrusion has a rectangular shape (see annotated fig. 2A above).
Claim 18: The combination discloses further comprising: a portion 2b (additional cover) rotatably coupled to the portion 2a (partial dome structure), wherein the portion 2b (additional cover), when in a deployed position, and portion 2a (partial dome structure) together are configured to be disposed over the entire dinnerware when the food cover 1 (partial cover device) is in use (see annotated fig. 2 above).
Claim(s) 2 & 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over COLOMBO (IT 202200001802), Vovan (US 20090020540), and Kuriyama (WO 2006080060) further in view of Pellegrino (US 20220033166).
Claim 4: The combination discloses wherein a first peripheral outer wall of the at least one peripheral outer wall is configured to define a first angle relative to a surface supporting the food cover 1 (partial cover device) when the food cover 1 (partial cover device) is in use (see annotated fig. 2 & 7 above).
The combination does not disclose a second peripheral outer wall of the at least one peripheral outer wall being configured to define a second angle relative to the surface supporting the partial cover device, the second angle different than the first angle.
Pellegrino teaches a trophy cake cover device 10 having a cover 12 that is shaped as a two-tiered layer cake with bottom layer 14 (first peripheral outer wall) and top layer 16, wherein a bottom layer 14 (first peripheral outer wall) is configured to define a first angle relative to a surface supporting the cover 12 when the cover 12 is in use, and a second peripheral outer wall being configured to define a second angle relative to the surface supporting the cover 12, the second angle different than the first angle (see annotated fig. 1 below).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the at least one peripheral outer wall to have a bottom layer 14 (first peripheral outer wall), top layer 16, and second peripheral outer wall connecting them, as taught by Pellegrino, in order to cover a two-tiered cake with reduced wasted space.
PNG
media_image5.png
506
533
media_image5.png
Greyscale
Claim(s) 1, 3, 5, and 14-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over COLOMBO (IT 202200001802) further in view of Swett (NO 124713).
Claim 1: COLOMBO discloses a food cover 1 (partial cover device) for dinnerware for protecting food disposed thereon or therein from foreign particles, the food cover 1 (partial cover device) comprising: a portion 2a (partial dome structure) defining an open bottom and an open side and adapted to be disposed over only a portion of the dinnerware, thereby providing access to a portion of the food disposed on or in the dinnerware, wherein the portion 2a (partial dome structure) comprises at least one outer peripheral wall and a top surface, wherein the top surface comprises a planar portion and wherein the top surface is coupled to the at least one peripheral outer wall by a rounded joint; and a lip structure extending from a bottom edge of the open bottom of the portion 2a (partial dome structure) and configured to contact a surface supporting the food cover 1 (partial cover device) when the food cover 1 (partial cover device) is in use, wherein the lip structure has an outer end opposite an inner end of the lip structure extending from the bottom edge of the open bottom of the portion 2a (partial dome structure), wherein the food cover 1 (partial cover device) can sit on a plate 3 (see annotated fig. 2 and 7 above).
COLOMBO does not disclose wherein the top surface comprises a concave portion that is coupled to the at least one peripheral outer wall by a rounded joint or wherein the lip structure includes a lip protrusion extending vertically upwards from an outer end of the lip structure opposite an inner end of the lip structure extending from the bottom edge of the open bottom of the partial dome structure.
Vovan teaches a container 10 having a at least one peripheral outer wall and a top surface, wherein the top surface comprises a planar portion and a concave portion that is coupled to the at least one peripheral outer wall by a rounded joint (see fig. 1 and annotated partial fig. 4 above).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the top surface of the portion 2a (partial dome structure) to have a concave portion coupled to the rounded joint, as taught by Vovan, in order to provide the portion 2a (partial dome structure) with greater strength and rigidity.
Swett teaches a case having a cover member 11 having a free edge 19 with a bottom wall 23 extending from a bottom edge of an open bottom of the cover member 11, wherein an inner wall 22 (lip protrusion) extending vertically upwards from an outer end of the bottom wall 23 opposite an inner end of the bottom wall 23 extending from the bottom edge of the open bottom of the cover member 11, wherein the free edge 19 includes a U-shaped chute, and a base member 10 having an edge part 16 having a U-shaped gutter partially formed by a flange 24, wherein the flange 24 fits in the U-shaped chute (see 1 & 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the portion 2a (partial dome structure) to replace the lip structure with the free edge 19 and to have modified the plate 3 to have an edge part 16, as taught by Swett, in order to properly locate the food cover 1 (partial cover device) on the plate 3 and lock the food cover 1 (partial cover device) to the plate 3 such that the food cover 1 (partial cover device) is not accidentally separated from the plate 3 exposing food.
The combination discloses an inner wall 22 (lip protrusion) extending vertically upwards from an outer end of the bottom wall 23 (lip structure) opposite an inner edge of the bottom wall 23 (lip structure) extending from the bottom edge of the open bottom of the portion 2a (partial dome structure).
Claim 3: The combination discloses wherein a void or gap in the at least one peripheral outer wall around a perimeter of the portion 2a (partial dome structure) defines the open side (see annotated fig. 2 above).
Claim 5: The combination discloses wherein the top surface extends between different portions of a same peripheral outer wall of the at least one peripheral outer wall, the planar portion of the top surface defining a portion of a circle (see annotated fig. 2 above).
Claim 14: The combination discloses wherein the inner wall 22 (lip protrusion) has a rounded shape (see upper left edge of the inner wall 22 in fig. 2).
Claim 15: The combination discloses wherein a void or gap in the at least one peripheral outer wall, the planar portion and the concave portion of the top surface, and the rounded joint around a perimeter of the portion 2a (partial dome structure) defines the open side (see first annotated fig. 2 above and fig. 1).
Claim 16: The combination discloses wherein the inner wall 22 (lip protrusion) defines a lip radius of curvature (see annotated fig. 7 above and fig. 2 ‘713).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over COLOMBO (IT 202200001802), Vovan (US 20090020540), and Swett (NO 124713) further in view of Pellegrino (US 20220033166).
Claim 4: The combination discloses wherein a first peripheral outer wall of the at least one peripheral outer wall is configured to define a first angle relative to a surface supporting the food cover 1 (partial cover device) when the food cover 1 (partial cover device) is in use (see annotated fig. 2 & 7 above).
The combination does not disclose a second peripheral outer wall of the at least one peripheral outer wall being configured to define a second angle relative to the surface supporting the partial cover device, the second angle different than the first angle.
Pellegrino teaches a trophy cake cover device 10 having a cover 12 that is shaped as a two-tiered layer cake with bottom layer 14 (first peripheral outer wall) and top layer 16, wherein a bottom layer 14 (first peripheral outer wall) is configured to define a first angle relative to a surface supporting the cover 12 when the cover 12 is in use, and a second peripheral outer wall being configured to define a second angle relative to the surface supporting the cover 12, the second angle different than the first angle (see annotated fig. 1 below).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the at least one peripheral outer wall to have a bottom layer 14 (first peripheral outer wall), top layer 16, and second peripheral outer wall connecting them, as taught by Pellegrino, in order to cover a two-tiered cake with reduced wasted space.
Claim(s) 1 and 3-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kotapish (US 20230060827) further in view of Tzifkansky (US 4600117) and Vovan (US 20090020540).
Claim 1: Kotapish discloses a first cover section 120 (partial cover device) for dinnerware for protecting food disposed thereon or therein from foreign particles, the first cover section 120 (partial cover device) comprising: a sidewall 128, top 122, and rounded joint, together reading on the partial dome structure, defining an open bottom and an open side and adapted to be disposed over only a portion of the dinnerware, thereby providing access to a portion of the food disposed on or in the dinnerware, wherein the sidewall 128, top 122, and rounded joint (partial dome structure) comprises at least one peripheral outer wall and a top 122 (top surface), wherein the top 122 (top surface) comprises a planar portion; and a lip structure extending from a bottom edge of the open bottom of the sidewall 128, top 122, and rounded joint (partial dome structure) and configured to contact a surface supporting the partial cover device when the partial cover device is in use, wherein a flange 129 extends downwardly from the lip structure (see annotated fig. 4 and 7 below).
Kotapish does not disclose wherein the top surface comprises a concave portion that is coupled to the at least one peripheral outer wall by a rounded joint or a lip protrusion extending vertically upwards from an outer end of the lip structure opposite an inner end of the lip structure extending from the bottom edge of the open bottom of the partial dome structure.
Vovan teaches a container 10 having a at least one peripheral outer wall and a top surface, wherein the top surface comprises a planar portion and a concave portion that is coupled to the at least one peripheral outer wall by a rounded joint (see fig. 1 and annotated partial fig. 4 above).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the top 122 (top surface) of the sidewall 128, top 122, and rounded joint (partial dome structure) to have a concave portion coupled to the rounded joint, as taught by Vovan, in order to provide the sidewall 128, top 122, and rounded joint (partial dome structure) with greater strength and rigidity.
Tzifkansky teaches a food container comprising a bottom 3 and a cover 2, wherein the cover 2 includes a lip structure having a vertical rib 9 extending downwardly from the lip structure and a lip protrusion extending vertically upwards from an outer end of the lip structure (see annotated fig. 2 below and fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the lip structure to have a lip protrusion extending vertically upwards from an outer end of the lip structure opposite an inner end of the lip structure extending from the bottom edge of the open bottom of the sidewall 128, top 122, and rounded joint (partial dome structure), as taught by Tzifkansky, in order to reinforce and strengthen the outer end of the lip structure.
PNG
media_image6.png
311
504
media_image6.png
Greyscale
PNG
media_image7.png
430
536
media_image7.png
Greyscale
PNG
media_image8.png
594
542
media_image8.png
Greyscale
Claim 3: The combination discloses wherein a void or gap in the at least one peripheral outer wall around a perimeter of the sidewall 128, top 122, and rounded joint (partial dome structure) defines the open side (see fig. 1 and annotated fig. 7 above).
Claim 4: The combination discloses wherein a sidewall 128 (first peripheral outer wall) of the at least one peripheral outer wall is configured to define a first angle relative to a surface supporting the partial cover device when the partial cover device is in use, and a second peripheral outer wall of the at least one peripheral outer wall is configured to define a second angle relative to the surface supporting the first cover section 120 (partial cover device), the second angle different than the first angle (see annotated fig. 4 above).
Claim 5: The combination discloses wherein the top 122 (top surface) extends between different portions of a same peripheral outer wall of the at least one peripheral outer wall, planar portion of the top 122 (top surface) defining a portion of a circle (see fig. 1 and annotated fig. 4 above).
Claim 6: The combination discloses wherein the portion of the circle defined by the planar portion of the top 122 (top surface) is a half-circle relative to a full circle associated with the portion of the circle (see fig. 1 and P. 0071).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 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.
In response to applicant’s argument that Kotapish omits the rounded joint, the Examiner refers to annotated fig. 7 above which clearly depicts a rounded joint.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20220033166 and WO 2020049202 are considered pertinent to the concave portion.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALLAN D STEVENS whose telephone number is (571)270-7798. The examiner can normally be reached Monday-Friday 12-8 ET.
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, Orlando E. Aviles can be reached at (571)270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ALLAN D STEVENS/Primary Examiner, Art Unit 3736