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 .
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 1-2, 7-10, 12-13, 21-29 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.
Claim 1 recite the limitation “said lid does not include an aperture” and it is unclear if this aperture is being referred to an aperture/opening formed at the rim of the lid which covers an opening of a container or to an additional aperture located on a central portion of 100, separate from a rim opening of the lid (Figure 2 of drawings). For the purpose of examination, the “aperture” is assumed to be an additional aperture located on a central portion of 100, of separate from a rim opening of the lid.
Claim 1 recites the limitation "the opening" in line 5. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, “the opening” is assumed to be “an opening” of a container. Clarification is respectfully requested.
Claim Rejections - 35 USC § 102
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) 1-2, 7-8, 10, 12-13, 22-23, and 25-29 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Netsch (US 7,048,317).
1: Netsch teaches an expandable and collapsible lid system (lid system shown in Figures 1A-4) comprising at least one lid (system in Figure 1A-2 is capable of functioning as a lid), wherein: a) said lid is operable between one of an expanded state (a fully expanded sate in Figure 2), a middle state (middle state when any one of 26c, e, g are partially expanded, Figure 2) and a collapsed state (collapsed state in Figure 1A); b) said lid includes a flange having a circumscribing lip for releasably sealing the opening of a container (flange horizontal portion at 34, having a lip/vertical portion of 34 and left of 18, Figure 1A capable of detachably sealing an unclaimed opening of an unclaimed container), and a plurality of concentric segments (segments 26a, 26c, 26e, and 26g) each concentric segment being flexibly coupled to an adjacent concentric segment (via 26b, 26d, 26f, Figure 2), inner-diameter to outer-diameter (inner section of 26c connected to the outer diameter of 26e, Figure 2, for example), a diameter of the concentric segments decreasing inversely with the distance of the concentric segment from the flange (the diameter of the concentric segments decrease from outer perimeter to the center of the concentric segments, Figures 1A-4), a concentric segment having a largest diameter being flexibly coupled to the flange (segment 26a is flexibly coupled to the horizontal flange); c) said lid increases storage volume of the container when positioned atop the container in an expanded state (when structure is placed on top of an unclaimed container joining the container at 32 provides an increase in storage volume); and d) said lid does not include an aperture (the lid shown in Figures 1A-4 does not have an aperture, aside from the opening formed by the top of 26a).
2: Netsch teaches the claimed invention as discussed above for claim 1 and Netsch further teaches that lid is formed of at least one of silicon, plastic or any combination thereof (made from thermoplastic material, col. 2, ll. 20-34).
7: Netsch teaches the claimed invention as discussed above for claim 1 and Netsch further teaches that said lid is resistant to heat (made from thermoplastic material, col. 2, ll. 20-34, which are heat resistant to a degree).
8: Netsch teaches the claimed invention as discussed above for claim 1 and Netsch further teaches that the lid is resistant to cold (made from thermoplastic material, col. 2, ll. 20-34, which are cold resistant to a degree).
10: Netsch teaches the claimed invention as discussed above for claim 1 and Netsch further teaches that the opening in said container is one of round, square, rectangular, oval and triangular and said corresponding lid is one of round, square, rectangular, oval and triangular (the unclaimed container can be round).
12: Netsch teaches the claimed invention as discussed above for claim 1 and Netsch further teaches that the container is a waste receptacle (since the container is not claimed, the prior art structure is capable of being attached to an unclaimed waste receptacle).
13: Netsch teaches the claimed invention as discussed above for claim 1 and Netsch further teaches that the plurality of concentric segments are foldably coupled together (the segments are foldably coupled together by 26b, 26d, 26f).
22: Netsch teaches the claimed invention as discussed above for claim 1 and Netsch further teaches that wherein in said expanded state, said concentric segments of said lid are displaced relative to each other to extend from the flange in a direction opposite the lip, said lid in said expanded state increasing a volume of a container on which it is releasably sealed (segments 12 displaced away from the lip 34, see Figures 1A-2, where the lid increase the volume of the container).
23: Netsch teaches the claimed invention as discussed above for claim 1 and Netsch further teaches that wherein in said collapsed state, said concentric segments of said lid are displaced relative to each other to extend from the flange in a same direction as the lip, said lid in said collapsed state being received within said container being releasably sealed by said lid forming a pool for receiving a further container and lid pair for storage of said expandable and collapsible lid system (capable of sealing a container hypothetically attached to the interior of 24, in the collapsed state of Figure 1A).
25: Netsch teaches the claimed invention as discussed above for claim 1 and Netsch further teaches that wherein in a middle state, said concentric segments of said lid are aligned in a plane with said flange (diagonal plane in line with the flange).
26: Netsch teaches the claimed invention as discussed above for claim 1 and Netsch further teaches that the lid is formed of a single material and said concentric segments are formed by folds in the single material (the lid is formed from a single material with concentric segments col. 3, ll. 30-38).
27: Netsch teaches the claimed invention as discussed above for claim 1 and Netsch further teaches that the plurality of concentric segments are formed from a single piece of material and said concentric segments are formed from folds in said single piece of material (the lid is formed from a single material with concentric segments col. 3, ll. 30-38).
28: Netsch teaches the claimed invention as discussed above for claim 1 and Netsch further teaches that the lid may be operable in any position between said expanded state, said middle state and said collapsed state (lid can be transitioned along the different states with force applied to the horizontal portion 24 of the structure).
29: Netsch teaches the claimed invention as discussed above for claim 1 and Netsch further teaches that said lid container is a food storage container (since the container is not claimed in combination, the prior art structure is capable of being attached to an unclaimed food storage container).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fishman (US 5,439,128) in view of Netsch (US 7,048,317).
1: Fishman teaches an expandable and collapsible lid system (structure shown in Figures 1-3) comprising at least one lid (structure shown in Figures 1-3 can be deployed as a lid), wherein: a)said lid is operable between one of an expanded state (expanded state in Figure 1), a middle state (middle state in Figure 2) and a collapsed state (collapsed state when the structure is full collapsed (not shown)); b) said lid includes a flange (flange 32) having a circumscribing lip for releasably sealing the opening (lip, top surface at the top of 32) of an unclaimed container, and a plurality of concentric segments (segments 31, 30) each concentric segment being flexibly coupled to an adjacent concentric segment (31 connected to 22 and 21 and 30 connected to 21 and 20), inner-diameter to outer-diameter, a diameter of the concentric segments decreasing inversely with the distance of the concentric segment from the flange (the diameter of the concentric segments decrease as the segments 30 is less than 31, away from 32), a concentric segment (segment 45) having a largest diameter being flexibly coupled to the flange; and c) said lid increases storage volume of the container when positioned atop the container in an expanded state (when structure is placed on top of an unclaimed container joining the container at 32 provides an increase in storage volume) except for the explicit teaching of said lid does not include an aperture.
Netsch teaches a plurality of concentric segments (26a-26i), with a center section (24) having no aperture at the central section (see Figures 1A-4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Fishman such that the teaching of no aperture is provided on the lid (at a central section) is applied to Fishman in order to permit the container to function as a container, scoop, or cup for use.
10: Fishman-Netsch teaches the claimed invention as discussed above for Claim 1 and Fishman further teaches that the opening in said container is one of round, square, rectangular, oval and triangular and said corresponding lid is one of round, square, rectangular, oval and triangular (lid is round and the unclaimed container can be a round container).
12: Fishman-Netsch teaches the claimed invention as discussed above for Claim 1 and Fishman further teaches that the unclaimed container is a waste receptacle (since the container is not claimed, the prior art structure is capable of being attached to an unclaimed waste receptacle).
13: Fishman-Netsch teaches the claimed invention as discussed above for Claim 1 and Fishman further teaches that said plurality of concentric segments are foldably coupled together (the segments are foldably coupled together by 40-44).
26: Fishman-Netsch teaches the claimed invention as discussed above for Claim 1 and Fishman further teaches that said lid is formed of a single material and said concentric segments are formed by folds in the single material (see Figure 1 where the lid is a single material).
27: Fishman-Netsch teaches the claimed invention as discussed above for Claim 1 and Fishman further teaches that said plurality of concentric segments are formed from a single piece of material and said concentric segments are formed from folds in said single piece of material (see segments 30 and 31 formed with folds 40-45).
28: Fishman-Netsch teaches the claimed invention as discussed above for Claim 1 and Fishman further teaches that said lid may be operable in any position between said expanded state, said middle state and said collapsed state (lid can be moved along the different states with force applied to the horizontal portion of the structure).
29: Fishman-Netsch teaches the claimed invention as discussed above for Claim 1 and Fishman further teaches that said lid container is a food storage container (since the container is not claimed in combination, the prior art structure is capable of being attached to an unclaimed food storage container).
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fishman (US 5,439,128) in view of Netsch (US 7,048,317) further in view of Nersing (WO 2016/202591).
21: Fishman-Netsch teaches the claimed invention as discussed above for Claim 1 except that the system further comprises at least one container including an opening on one side thereof.
Nersing teaches a flexible container/lid usable with a container 3, usable with a base 2.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Fishman-Netsch such that the teaching of an expandable/shapable lid with a container is applied to Nersing in order to shape the compartment within the container to appropriate size for suitable contents stored within.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Netsch (US 7,048,317) in view of McMahon (US 2004/0206765).
9: Netsch teaches the claimed invention as discussed above for Claim 1 and Netsch teaches a tab (12) except that said lid comprises multiple tabs extending from said lip for assisting in securing the lid to said container and removing said lid from said container.
McMahon teaches that the comprises tabs extending from said lip for assisting in securing the lid to said container and removing said lid from said container (25 and 24, Figure 2)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Netsch that the teaching of having multiple tabs in order to provide an easier time to remove the cap from a container or to have a balanced hold on the lid during use.
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Netsch (US 7,048,317) in view of Nersing (WO 2016/202591).
21: Netsch teaches the claimed invention as discussed above for Claim 1 except that the system further comprises at least one container including an opening on one side thereof.
Nersing teaches a flexible container/lid usable with a container 3, usable with a base 2.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Netsch such that the teaching of an expandable/shapable lid with a container is applied to Nersing in order to shape the compartment within the container to appropriate size for suitable contents stored within.
Response to Arguments
Applicant's arguments filed 10/13/2025 have been fully considered and are addressed below.
Applicant argues with respect to the Fishman reference is not persuasive. Applicant argues that the Fishman reference fails to teach a modular lid system or the specific combination of structural and functional features of the expandable and collapsible lid system in Claim 1. The Examiner respectfully disagrees. The Fishman prior art teaches the claimed structure, wherein the structure is capable of functioning as a lid or a container during use as outlined above in the rejections.
Applicant further argues that Fishman does not disclose a flange with a circumscribing lip for releasably sealing a container opening, as required by the instant claims. The Examiner respectfully disagrees. The flange (flange 32) having a circumscribing lip for releasably sealing the opening (lip, top surface at the top of 32) of the Fishman reference meets the claimed limitation as outlined above and is part of the lid Fishman. The argument is not persuasive.
Applicant argues with respect to the Alexander and McMahon reference appear persuasive.
In reference to the remaining claims, Applicant argued that the applied references for those remaining claims failed to teach their respective claimed features by referring back to the now addressed claim(s) (see above). Applicant did not specifically and particularly point out the specifics of the applied reference(s) that failed to meet the remaining claims.
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 KING M CHU whose telephone number is (571)270-7428. The examiner can normally be reached Monday - Friday 10AM - 6PM 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, 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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/King M Chu/Primary Examiner, Art Unit 3735