DETAILED ACTION
Claim Rejections - 35 USC § 103
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) 12, 14-15 and 18-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Published Application 2019/0344951 to Rogers in view of US Patent 1,982,845 to Wagman.
Regarding claim 12, Rogers discloses a container (Fig. 13A), comprising: an outer shell (outer shell in Fig. 13A) defining a sidewall (either sidewall of container – not shown in cross section of Fig. 13A) and a base (810), the outer shell having a front portion (804) and a back portion (806); an opening of the container (top opening in Fig. 13A) extending into a storage compartment within the outer shell, the opening having a front side (side of opening adjacent 804) and a back side (side of opening adjacent 806) and wherein the container has an open configuration (with top open) that allows access to the storage compartment and a closed configuration (with top closed) that prevents access to the storage compartment; and a closure mechanism, further comprising: a first magnetic strip (1320) coupled to the front side of the opening; a second magnetic strip (1322) coupled to the back side of the opening; and wherein the first magnetic strip is magnetically attracted to the second magnetic strip to resealably seal the opening (Figs. 13A-B), wherein when the opening is sealed, the opening is watertight (para. 0071). Rogers fails to disclose a curved member. However, Wagman discloses a bag including an opening having a first curved member (27, top in Fig. 1) and a second curved member (27, bottom in Fig. 1), wherein the first curved member has a first end, a second end, and a first curved member body extending between the first end and the second end (Fig. 5). It would have been obvious to one of ordinary skill to have included curved members in Rogers to automatically open the bag, as taught by Wagman (Col. 1, lines 4-7). In the combination, a magnetic force between the first magnetic strip and the second magnetic strip cause the first curved member to deform when the container is moved from the open configuration to the closed configuration (when the magnetic strips are brought together (similar to the zipper in Wagman), then the curved members assume a straight configuration (Wagman Figs. 1-2)).
Regarding claim 14, the combination from claim 12 discloses an inner liner; and an insulating layer positioned between the outer shell and the inner liner, the insulating layer providing insulation for the storage compartment (Rogers para. 0221).
Regarding claim 15, the combination from claim 12 discloses wherein the closure mechanism further comprises: a second curved member (Wagman – 27, bottom in Fig. 1), wherein the second curved member has a first end, a second end, and a second curved member body extending between the first end and the second end (Fig. 5); and wherein the first curved member and the second curved member prevents the opening from closing when the container is in the open configuration (Fig. 1).
Regarding claim 18, the combination from claim 12 discloses wherein the first curved member is received in a first receiver on the front portion of the outer shell (Wagman Figs. 3-4), wherein the first curved member is sealed within the first receiver (Figs. 3-4 – seams 19, 28, 29 seal the curved member within the first receiver).
Regarding claim 19, Rogers in view of Wagman discloses a container (Rogers Fig. 13A), comprising: an outer shell (outer shell in Rogers Fig. 13A) defining a sidewall (either sidewall of container – not shown in cross section of Rogers Fig. 13A) and a base (810 – Rogers), the outer shell having a front portion (804 – Rogers) and a back portion (806 – Rogers); an opening of the container (top opening in Rogers Fig. 13A) extending into a storage compartment, the opening having a front side (side of opening adjacent 804 – Rogers) and a back side (side of opening adjacent 806 – Rogers) and wherein the container has an open configuration (with top open) that allows access to the storage compartment and a closed configuration (with top closed) that prevents access to the storage compartment; a closure mechanism, further comprising: a first magnetic strip (1320 – Rogers) coupled to the front side of the opening; a second magnetic strip (1322 – Rogers) coupled to the back side of the opening; a stiffener including a first portion (27, top in Wagman Fig. 1) and a second portion (27, bottom in Wagman Fig. 1), wherein the first portion is spaced apart from the first magnetic strip (stiffener would be below the closure mechanism, similar to the position of the stiffener below the zipper shown in Wagman Fig. 3) and has a first end, a second end, and a first portion body extending between the first end and the second end (Wagman Fig 5), and wherein the second portion is spaced apart from the second magnetic strip (stiffener would be below the closure mechanism, similar to the position of the stiffener below the zipper shown in Wagman Fig. 3) and has a first end, a second end, and a second portion body extending between the first end and the second end (Wagman Fig. 5); wherein the first magnetic strip is magnetically attracted to the second magnetic strip to resealably seal the opening (Rogers Figs. 13A-B), and wherein a magnetic force between the first magnetic strip and the second magnetic strip causes the first portion and the second portion of the stiffener to deform when the container moves from the open configuration to the closed configuration (when the magnetic strips are brought together (similar to the zipper in Wagman), then the curved members assume a straight configuration (Wagman Figs. 1-2)); and wherein a majority of the first portion and a majority of the second portion are substantially parallel when the container is in the closed configuration (curved members are straight and aligned when the opening is closed (Wagman Figs. 1-2)).
Regarding claim 20, the combination from claim 19 discloses wherein when the container is in the closed configuration, an upper edge of the first portion and an upper edge of the second portion are substantially aligned (curved members are straight and aligned when the opening is closed (Wagman Figs. 1-2)).
Regarding claim 21, the combination from claim 19 discloses wherein the stiffener exerts a spring force opposing a magnetic force exerted by the first magnetic strip and the second magnetic strip (Wagman Fig. 2; Col. 1, lines 4-7).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rogers and Wagman, further in view of US Patent 6,678,923 to Goldberg.
Regarding claim 13, the combination from claim 12 fails to disclose the curved member having a concave cross-section. However, Goldberg discloses closure members that have a concave cross section (Fig. 5). It would have been obvious to one of ordinary skill to have used a concave cross section for the curved members in the combination because the modification only involves a simple substitution of one known, equivalent cross-sectional shape for another to obtain predictable results.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rogers and Wagman, further in view of US Patent 9,901,163 to Pactanac.
Regarding claim 17, the combination from claim 12 fails to disclose a non-metallic coating. However, Pactanac discloses a bag with a moving internal part that is coated with nylon (Col. 10, lines 17-21). It would have been obvious to one of ordinary skill to have coated the curved members with nylon to reduce friction with the pocket, as taught by Pactanac (Col. 10, lines 17-21).
Allowable Subject Matter
Claim 16 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims, and if the double patenting rejection is addressed.
Response to Arguments
Applicant's arguments filed 5/20/2026 have been fully considered.
As to applicant’s argument that the prior art fails to disclose the magnetic force causing the curved members or stiffener to deform (page 7), the examiner disagrees. In order for the magnets to satisfy their intended purpose of holding the closure in a closed position, the magnets would necessarily be capable of pulling the curved members to the closed position when the curved members are brought extremely close together. If the magnets did not at least have this amount of strength, then the closure would open as a result of any jostling or movement of the container and would not function as intended. It is also noted for applicant’s reference that US Published Application 2011/0192733 to Roberts discloses magnets securing a closure in the closed position once the two sides of the closure are brought sufficiently close together (para. 0047).
Conclusion
THIS ACTION IS MADE FINAL. 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 SCOTT T MCNURLEN whose telephone number is (313)446-4898. The examiner can normally be reached M-F 8am-5pm.
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/SCOTT T MCNURLEN/Primary Examiner, Art Unit 3734
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