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 Status
This Office action is in response to the amendments filed 10/10/2025. Claims 21-34 are currently pending. Claims 1-20 have been previously canceled. Claims 27-34 are newly added. Note that this Office action sets forth new grounds of rejection on unamended claims. Hence, this action is NON-FINAL.
Claim Objections
Claim 21 is objected to because of the following informality: lines 5 and 12 read “removbly-securing” when it should read --removably-securing--. Appropriate correction is required.
Claims 22 and 24 are also objected to for reciting “removbly-securing.”
Claim 32 is objected to because of the following informality: line 4 reads “of the utensil” when it should read --of the utensil;--.
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 24 and 29-34 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.
Regarding claim 24, the limitations “the inner surface” and “the side wall of the second bowl portion of the second container” both lack sufficient antecedent basis. In order to further prosecution, the limitation has been interpreted to recite “an inner surface” and “a side wall of the second bowl portion of the second container.”
Regarding claims 29-32, the limitation “embossed portion” in combination with “imbossed portion” is vague and indefinite because they are different words for describing outwardly extending material. Based on the amendments made to the written description dated 4/8/2024, it appears that applicant means “debossed” instead of “imbossed.” In order to further prosecution, each recitation of the limitation “imbossed” has been interpreted to be “debossed.” Claims 33-34 are rejected based on their dependency from claim 32.
Regarding claim 31, it is not clear if one of the first and second embossed portions is the embossed portion of claim 29 or a second and a third embossed portion and if the one of the first and second imbossed (interpreted to be debossed) portions is the imbossed portion of claim 29 or a second and a third imbossed portion. In order to further prosecution and consistent with applicant’s disclosure, one of the embossed and imbossed portions of claim 31 is interpreted to be the embossed and imbossed portions recited in claim 29.
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 21-25, 27-32, and 34 are rejected under 35 U.S.C. 103 as being unpatentable over Sebban (FR 2929492) in view of Haverland (US 2017/0225832 A1). Note for convenience, citations to the written description of Sebban refer to the translation provided on 7/14/2025.
Regarding claim 21, Sebban discloses a method comprising: preparing a first sealed container assembly (the assembly of 5 and 6 – Fig. 2) by: arranging a first foodstuff (3 – Fig. 1) within the cavity of a first bowl portion of a first container (5 – Fig. 2); and sealing the first foodstuff within the cavity of the first bowl portion of the first container (closed by the solid plate at 14 and by 6, pg. 5, lines 7-9 and 13-14); and preparing a second sealed container assembly (the assembly of 4 and 8 – Fig. 2) by: arranging a second foodstuff (2 – Fig. 1) within a cavity of a second bowl portion of a second container (see in Figure 1); removbly-securing the first sealed container assembly within the cavity of the second bowl portion of the second container (see Figs. 1 and 2 where 5 is placed in 4 and secured by 12 resting on 13); and sealing the second foodstuff and the first sealed container assembly within the cavity of the second bowl portion of the second container (pg. 4, lines 28-29).
However, Sebban does not disclose removably-securing a utensil.
Haverland teaches a similar method comprising the step of removably-securing a utensil (20 – Fig. 1) to an inner surface (the inner surface of 16 – Fig. 1) of a side wall that forms a cavity of a first bowl portion of a first container (see Fig. 1, where 20 is secured to the inner surface of 16). One of ordinary skill in the art, upon reading the teaching of Haverland, would have recognized that the method of Sebban may be modified to include the step of removably-securing a utensil as taught by Haverland in order to improve convenience for a user.
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of applicant’s claimed invention, to have modified the method of Sebban to include the step of removably-securing a utensil as taught by Haverland in order to improve convenience to a user. Note that when Sebban is modified by Haverland, one of ordinary skill in the art would have secured the utensil to the inner surface of the first bowl portion of the first container since a utensil secured to the second bowl portion would interfere with falling of the first foodstuff on the second foodstuff during use.
Sebban, as modified by Haverland, further teaches:
Claim 22, the removably-securing the utensil to the inner surface of the side wall that forms the cavity of the first bowl portion of the first container step includes: snap-fitting the utensil (20 – Fig. 1, Haverland) to the inner surface of the side wall that forms the cavity of the first bowl portion of the first container (see Fig. 1, 26 and 28 of 20 fit in slots 18; note para. 0035 teaches that 18 can be in the form of slots, Haverland).
Claim 23, sealing the first foodstuff and the utensil within the cavity of the first bowl portion of the first container step includes: securing a first seal (by the solid plate at 14, pg. 5, lines 7-9, Sebban) secured over the cavity of the first bowl portion of the first container (see Fig. 1 of Sebban).
Claim 24, removably-securing the first sealed container assembly within the cavity of the second bowl portion of the second container includes: arranging opposing lip surface portions (the left and right halves of 12 – Fig. 2, Sebban) extending from the sidewall of the first bowl portion of the first container (5 – Fig. 2, Sebban) upon opposing ledge surfaces (the left and right halves of 13 – Fig. 2, Sebban) formed by an inner surface of a side wall of the second bowl portion of the second container (4 – Fig. 2, Sebban).
Claim 25, sealing the second foodstuff and the first sealed container assembly within the cavity of the second bowl portion of the second container step includes: securing a second seal (8 – Fig. 2, Sebban) over the cavity of the second bowl portion of the second container (see Fig. 1, Sebban).
Claim 27, configuring the inner surface of the side wall to include: a first utensil-retaining portion (a left slot of 18 – Fig. 1 where 28 is inserted and para. 0035, Haverland); and a second utensil-retaining portion (a right slot of 18 – Fig. 1 where 26 is inserted and para. 0035, Haverland); and configuring the utensil to include: a first end (28 – Fig. 1, Haverland); and a second end (26 – Fig. 1, Haverland).
Claim 28, removably-securing the first end (28 – Fig. 1, Haverland) of the utensil to the first utensil-retaining portion (a left slot of 18 – Fig. 1 where 28 is inserted, Haverland); removably-securing the second end (26 – Fig. 1, Haverland) of the utensil to the second utensil-retaining portion (a right slot of 18 – Fig. 1 where 26 is inserted, Haverland); and suspending the utensil over the inner surface of the bottom wall of the bowl portion at a distance (see Fig. 1, Haverland).
Claim 29, configuring the inner surface of the side wall of each of the first utensil-retaining portion (a left slot of 18 – Fig. 1 where 28 is inserted, Haverland) and the second utensil-retaining portion (a right slot of 18 – Fig. 1 where 26 is inserted, Haverland) to include at least one snap-fit connection including: an embossed portion (see annotated Fig. 1 of Haverland below); and a debossed portion (see annotated Fig. 1 of Haverland below). Note that this interpretation of the embossed and debossed portions of Haverland is consistent with applicant’s disclosure.
Annotated Fig. 1, Haverland
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Claim 30, forming the side wall of the bowl portion from a flexible material (pg. 4, seventh from bottom line – sixth from bottom line, Sebban; note that although the written description describes the material as a rigid thermoplastic, rigid thermoplastics exhibit flexibility); configuring the side wall of the bowl portion to permit: outwardly flexing and the inwardly flexing when the debossed portion interferes with movement of an end of the utensil thereby creating a snap sound when the end of the utensil moves past or clears the debossed portion (see Fig. 1, Haverland, 20 is inserted in 18, in order to do so, the walls must flex somewhat to allow 20 to be inserted in 18, a snap would be made by the walls flexing).
Claim 31, configuring the at least one snap-fit connection to include a first snap fit connection, wherein the first snap fit connection includes: a first embossed portion (the embossed portion, see annotated Fig. 1 above, of the slot 18 where 28 is inserted, Haverland); and a first debossed portion (the debossed portion, see annotated Fig. 1 above, of the slot of 18 where 28 is inserted, Haverland) from by a first portion of the side wall of the bowl portion; and a second snap-fit connection, wherein the second snap-fit connection includes: a second embossed portion (the embossed portion, see annotated Fig. 1 above, of the slot 18 where 26 is inserted, Haverland); and a second debossed portion (the debossed portion, see annotated Fig. 1 above, of the slot 18 where 26 is inserted, Haverland) formed by a second portion of the side wall of the bowl portion; and arranging the first portion of the side wall of the bowl portion opposite the second portion of the side wall of the bowl portion (see Fig.1, Haverland).
Claim 32, configuring the first embossed portion to include: a first ledge surface (the lower wall of the slot 18 that receives 28 – Fig. 1, Haverland) of the first portion of the side wall of the bowl portion that is sized for supporting a first end (28 – Fig. 1) of the utensil (see Fig. 1, 28 rests on the ledge formed by 18, Haverland); configuring the first debossed portion to include: a first snap-fit retainer (the lower surface of the first debossed portion is interpreted to be the snap-fit retainer, see annotated Fig. 1 above) of the portion of the side wall of the bowl portion that is sized for snap-fit retaining the first end portion of the utensil; a second ledge surface (the lower wall of the slot 18 that receives 26 – Fig. 1, Haverland) of the second portion of the side wall of the bowl portion that is sized for supporting a second end portion (26 – Fig. 1, Haverland) of the utensil (see Fig. 1, 26 rests on the ledge formed by 18, Haverland); configuring the second debossed portion to include: a second snap-fit retainer (the lower surface of the second debossed portion is interpreted to be the snap-fit retainer, see annotated Fig. 1 above, Haverland) of the portion of the side wall of the bowl portion that is sized for snap-fit retaining the second end portion of the utensil.
Claim 34, configuring the first end of the utensil (28 – Fig. 1, Haverland) to include food-contacting portion (28 – Fig. 1 is fully capable contacting food, Haverland); and configuring the second end of the utensil (26 – Fig. 1, Haverland) to include a handle of the utensil (26 – Fig. 1 is fully capable of being used as a handle, Haverland), wherein the utensil does not include a folding hinge (20 – Fig. 1 has no hinge, Haverland).
Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over Sebban (FR 2929492) in view of Haverland (US 2017/0225832 A1) and McKahan (US 7823743).
Regarding claim 26, Sebban, as modified by Haverland, discloses essentially all of the elements of the claimed invention in claim 21.
However, Sebban, as modified by Haverland, does not expressly disclose a packaging jacket.
McKahan discloses a method including the step of: preparing a packaged sealed container assembly by: surrounding a sealed container assembly (1 – Fig. 1) with a packaging jacket (8 – Fig. 5); securing a first lip portion (a first side of 3 – Fig. 1) of the container within a first opening (a first 86 – Fig. 5) formed by the packaging jacket; and securing a second lip portion (a second side of 3 – Fig. 1) of the container within a second opening (a second 86 – Fig. 5) formed by the packaging jacket (column 5, line 01-10) in order to provide security and tamper evidence of a sealed container.
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filling date of the applicant's claimed invention, to have modified Sebban in view of Robert to incorporate the method of McKahan to surround a sealed container assembly with a packaging jacket. Doing so would provide security and tamper evidence of the sealed container.
Claim 33 is rejected under 35 U.S.C. 103 as being unpatentable over Sebban (FR 2929492) in view of Haverland (US 2017/0225832 A1) and Atkinson (US 5705212).
Regarding claim 33, Sebban, as modified by Haverland, further teaches configuring the first end of the utensil (28 – Fig. 1, Haverland) to include a food-contacting portion (28 – Fig. 1 is fully capable of contacting food, Haverland).
However, Sebban, as modified by Haverland, does not teach that the second end of the utensil includes an intermediate folding hinge of the utensil.
Atkinson, teaches a similar method comprising a utensil (22 – Fig. 2) stored in the cavity of a container (the assembly of 12 and 14 – Fig. 2), wherein the utensil has a first end including a food-contacting portion (22a – Fig. 3) and a second end including a folding hinge (22c – Fig. 3) in order to allow a larger utensil to be packaged, thereby providing a better spoon grip for a user.
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of applicant’s claimed invention, to have modified the method of Sebban and Haverland, such that the second end of the utensil includes a folding hinge as taught by Atkinson in order to provide a better spoon grip for a user.
Response to Arguments
Applicant’s arguments with respect to claims 21-34 have been considered but are moot because the arguments do not pertain to the new grounds of rejection set forth in this Office action.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS M WITTENSCHLAEGER whose telephone number is (571)272-7012. The examiner can normally be reached MON-FRI: 9:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shelley Self can be reached at 571-272-4524. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THOMAS M WITTENSCHLAEGER/Primary Examiner, Art Unit 3731
7/15/2026
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