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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 02/18/2026 has been entered.
Response to Amendment
Claims 1-38, 40-41 are pending.
Claim 39 is canceled.
Claims 1, 10, 20, and 30 are currently amended.
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.
Claim 3-4, and 12-13 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 3, and 12 is led to be indefinite because it is unclear if “an upwardly extending handle” of line 5 is a newly recited structure or refers back to “an upwardly extending handle” of claim 1 and claim 10 respectively. The claim will be interpreted as the latter, however further clarification and correction are required. All the dependent claims inherit the same issue.
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, 4, and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Coleman (US D829543) in view of Manderfield (US 11117721).
Regarding claim 1, Coleman discloses, An angled container comprising: a first planar wall (See annotated fig. below); a second planar wall (See annotated fig. below), the second wall adjacent to the first wall; an arcuate wall (See annotated fig. below)extending between and adjoining the first and second planar walls; a top wall (See annotated fig. below) extending between the first, second, and arcuate walls; the top wall including an upwardly extending handle, a bottom wall (See annotated fig. below) extending between the first, second, and arcuate walls; wherein the first, second, arcuate, top, and bottom walls define an interior region; a cap assembly, wherein the cap assembly is positioned on the top wall.
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However, Coleman does not disclose, a selectively removable cap assembly providing selective access to the interior region of the container, and at least one compression rib extending along a majority of a height of the container, the compression rib being positioned at a junction between at least one of the planar walls and the arcuate wall.
Manderfield discloses, a selectively removable cap assembly providing selective access to the interior region of the container (Col. 4; lines 14-16) and at least one compression rib (212) extending along a majority of a height of the container, the compression rib being positioned at a junction between every wall (Fig. 6-7).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Coleman to have a selectively removable cap assembly providing selective access to the interior region of the container and at least one compression rib extending along a majority of the a of the container, the compression rib being positioned at a junction between every wall as taught by Manderfield to allow access to content of the interior and strengthen the chamfered container corners (Col. 5; lines 1-2) respectively.
As a result of medication, Coleman- Manderfield would have compression rib being positioned at a junction between at least one of the planar walls and the arcuate wall.
However, Coleman does not appear to disclose, wherein the cap assembly is positioned between the arcuate wall and the handle.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Coleman to have the location of the cap assembly be positioned between the arcuate wall and the handle since such modification requires mere rearrangement of parts wherein such modification “would not have modified the operation of the device”. It has been held that rearranging parts of an invention involves only routine skill in the art. See MPEP 2144.04(VI)(C). Furthermore, it is noted that the applicant does not appear to disclose any criticality associated with the location of the cap assembly.
The limitation “the compression rib […] being configured to transmit vertical compressive loads between the top wall and the bottom wall of the container wherein the rib provides increased load bearing capacity of the container” is considered to be functional language. The prior art of Coleman as modified has all the structures (i.e., compression rib being positioned at a junction) required perform the claimed functional limitation. Hence, the prior art is inherently capable of performing the limitation. It is well settled that it is possible for functional language to define structure, but that where no distinguishing structure has been defined, the claim is not patentable and is fully met by the reference. See In re Swinehart, 169 USPQ 226. See also General Electric v. United States, 198 USPQ 73 which further reinforced the concept that functional language which defines no structure cannot distinguish over the prior art. See MPEP2173.05(g).
Regarding claim 4, Coleman discloses the recessed tunnel is located on the bottom wall.
The limitation “if the angled container is stacked on a second identical angled container having the handle and the tunnel, the handle of the second angled container is received within a tunnel of the angled container.” is considered to be intended use. Examiner asserts that the recitation of intended use or purpose of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use or fulfilling said purpose, then it meets the claim. Herein, the container has a handle and a tunnel, thus when stacked with identical container, the handle of the second container would be in the tunnel of the fist container.
Regarding claim 8, Coleman discloses, an angle A defined between the first wall and the second wall ranges from 180° to about 10° ( the angle between the first and the second walls appears to be 120° which is within the range).
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Coleman- Manderfield as applied to claim 1 above, and further in view of Yourist (US 20160176574).
Regarding claim 2, Coleman as modified does not disclose, the top wall defines a first locating boss and the bottom wall defines a second locating boss, the second locating boss positioned on the bottom wall such that if the angled container is stacked on a second identical angled container having the first and second locating bosses, the second locating boss of the angled container mates with and contacts a first locating boss of the second identical angled container.
Yourist teaches a rigid structured polymer container (Abstract) having a top wall that defines a first locating boss and the bottom wall that defines a second locating boss (container 100 includes top reference plane ("TRP") [top wall] including stabilizing tab 17 [first boss] and bottom reference plane ("BRP") [bottom wall] including recess feature 18 [second boss], Fig. 6, 7 and 8), the second locating boss positioned on the bottom wall such that if the container is stacked on a second identical container having the first and second locating bosses, the second locating boss of the container mates with and contacts a first locating boss of the second identical container (stabilizing tab 17 and recess feature 18 can facilitate stacking of similarly configured containers 100, (Para. [0063] & Fig. 6, 7 and 8).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the container of Coleman to include locating bosses as taught by Yourist in order to minimize shifting of stacked containers.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Coleman- Manderfield as applied to claim 1 above, and further in view of Flanagan (US 20070261983).
Regarding claim 3, Coleman discloses, the top wall includes an upwardly extending handle (See annotated fig. below), and the bottom wall defines a recessed tunnel (See annotated fig. below) extending along at least a portion of the bottom wall, wherein a depth of the tunnel is greater than the height of the handle(the recess is clearly shown in the bottom wall which can house the handle and therefore must have a depth greater than the height of the handle).
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Arguendo, Coleman does not disclose, a depth of the tunnel is greater than the height of the handle.
Flanagan discloses a stackable container (Fig. 6,7) wherein a depth of the tunnel is greater than the height of the handle (Fig. 7; the recess is shown to fully cover the handle).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Coleman to have a depth of the tunnel is greater than the height of the handle as taught by Flanagan for the purpose of improving stackability.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Coleman-Manderfield a as applied to claim 1 above, and further in view of Nilsson (US 6029864).
Coleman as modified discloses the angled container of claim 1 but fails to explicitly disclose a plurality of graduations along the arcuate wall.
Nilsson teaches a container (Abstract) having a plurality of graduations along an arcuate wall (in the corner area [arcuate wall] between sides 5 and 6) a scale 29 [graduations] suitably is provided, which will indicate the level of the liquid in the container, the container as such being translucent or the scale area being made of such a material. (Col. 3, Lines. 46-53 & Fig. 1 and 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the container of Coleman to include graduations as taught by Nilsson in order to provide a plurality of graduations along an arcuate wall so that the amount of contents within the container can be viewed/measured.
Claim(s) 6, and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Coleman- Manderfield as applied to claim 1 and 8 above respectively, and further in view of Wagner (US 7988005).
Regarding claim 6, Coleman does not disclose, at least one label panel along at least one of the first wall and the second wall.
Wagner discloses a container with a first and second wall (30, and 32 respectively) with a arcuate wall in between, wherein the first wall comprises at least one label panel (Col. 5; lines 44-48).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Coleman to incorporate at least one label panel along at least one of the first wall and the second wall as taught by Wagner for the purpose of providing details of the container’s content.
Regarding claim 9, Coleman discloses, the angle A is selected from the group consisting of 180°, 120°, 90°, 72°, 60°, 45°, 40°, and 36° (the angle between the first and the second walls appears to be 120°).
However, in the event, the angle in not 120°, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Coleman to have the degree between the first and the second wall at 120°, since such a modification would have involved a mere change in the size of a component. A change in size is substantially recognized as being within the level of ordinary skill in the art.1 This is done for the purpose of fitting into a circular vessel as taught by Wagner.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Coleman- Manderfield as applied to claim 1 above, and further in view of Hestehave (US 4541529).
Regarding claim 7, Coleman does not explicitly disclose, a plurality of feet along the bottom wall.
Hestehave discoes a stackable container (abstract) comprising a plurality of feet (12, 13) along the bottom wall (Fig. 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Coleman to incorporate a plurality of feet along the bottom wall as taught by Hestehave “for supporting the container in an unstacked condition on a floor or the like” (Col. 4; lines 55-56).
Claim(s) 10, 12, 13, 18, 20, 22, 26, and 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Coleman (US D829543) in view of Yourist (US 20160176574).
Regarding claim 10, Coleman discloses, An angled container comprising: a first planar wall (See annotated fig. below); a second planar wall (See annotated fig. below), the second wall adjacent to the first wall; an arcuate wall (See annotated fig. below)extending between and adjoining the first and second planar walls; a top wall (See annotated fig. below) extending between the first, second, and arcuate walls; the top wall including an upwardly extending handle(See annotated fig. below), a bottom wall (See annotated fig. below) extending between the first, second, and arcuate walls; wherein the first, second, arcuate, top, and bottom walls define an interior region.
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Coleman does not disclose, the top wall defines a first locating boss and the bottom wall defines a second locating boss, a second identical angled container, wherein the second locating boss positioned on the bottom wall such that when the angled container is stacked on the second identical angled container having the first and second locating bosses, the second locating boss of the angled container mates with and contacts a first locating boss of the second identical angled container.
Yourist teaches a rigid structured polymer container (Abstract) having a top wall that defines a first locating boss and the bottom wall that defines a second locating boss (container 100 includes top reference plane ("TRP") [top wall] including stabilizing tab 17 [first boss] and bottom reference plane ("BRP") [bottom wall] including recess feature 18 [second boss], Fig. 6, 7 and 8), a second identical container (Fig. 10) the second locating boss positioned on the bottom wall such that when the container is stacked on a second identical container having the first and second locating bosses, the second locating boss of the container mates with and contacts a first locating boss of the second identical container (stabilizing tab 17 and recess feature 18 can facilitate stacking of similarly configured containers 100, Para. [0063] & Fig. 6, 7 and 8).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the container of Coleman to include locating bosses as taught by Yourist in order to minimize shifting of stacked containers.
Coleman discloses a cap assembly is positioned on the top wall but does not disclose, wherein a selectively removable cap assembly provides selective access to the interior region of the container.
Yourist discloses, a cap assembly (para 75) that is selectively removable cap assembly provides selective access to the interior region of the container (para 75; fig. 10).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Coleman to have a selectively removable cap assembly providing selective access to the interior region of the container as taught by Yourist for the purpose of pouring content and providing access to the interior.
However, Coleman does not appear to disclose, wherein the cap assembly is positioned between the arcuate wall and the handle.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Coleman to have the location of the cap assembly be positioned between the arcuate wall and the handle since such modification requires mere rearrangement of parts wherein such modification “would not have modified the operation of the device”. It has been held that rearranging parts of an invention involves only routine skill in the art. See MPEP 2144.04(VI)(C).
Regarding claim 12, Coleman discloses, the top wall includes an upwardly extending handle (See annotated fig. below), and the bottom wall defines a recessed tunnel (See annotated fig. below) extending along at least a portion of the bottom wall, wherein a depth of the tunnel is greater than a height of the handle.
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Arguendo, Coleman does not disclose, wherein a depth of the tunnel is greater than a height of the handle.
Yourist discloses a container (100) comprising a bottom with a recessed tunnel (Fig. 4,5, 10, and 12) and a depth of the tunnel is greater than a height of the handle (handle 20 is fully within recess, therefore a depth of the tunnel is greater than a height of the handle.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Coleman to have a recessed tunnel wherein a depth of the tunnel is greater than a height of the handle for the purpose of improving stacking stability of containers.
Regarding claim 13, Coleman discloses the recessed tunnel is located on the bottom wall.
The limitation “if the angled container is stacked on a second identical angled container having the handle and the tunnel, the handle of the second angled container is received within a tunnel of the angled container.” is considered to be intended use. Examiner asserts that the recitation of intended use or purpose of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use or fulfilling said purpose, then it meets the claim. Herein, the container has a handle and a tunnel, thus when stacked with identical container, the handle of the second container would be in the tunnel of the fist container.
Regarding claim 18, Coleman discloses, an angle A defined between the first wall and the second wall ranges from 180° to about 10°( the angle between the first and the second walls appears to be 120° which is within the range).
Regarding claim 20, Coleman discloses, An angled container comprising: a first substantially planar wall (See annotated fig. below); a second substantially planar wall (See annotated fig. below), the second wall adjacent to the first wall; an arcuate wall (See annotated fig. below)extending between and adjoining the first and second planar walls; a top wall (See annotated fig. below) extending between the first, second, and arcuate walls; a bottom wall (See annotated fig. below) extending between the first, second, and arcuate walls; wherein the first, second, arcuate, top, and bottom walls define an interior region, wherein the top wall includes an upwardly extending handle (See annotated fig. below), and the bottom wall defines a recessed tunnel (See annotated fig. below) extending along at least a portion of the bottom wall, wherein a depth of the tunnel is greater than a height of the handle (the recess is clearly shown in the bottom wall which can house the handle and therefore must have a depth greater than a height of the handle).
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Coleman discloses, the recessed tunnel includes a handle receiving portion (See annotated fig. above) shaped complementary to the handle and a cap receiving region (See annotated fig. above) shaped complementary to the cap assembly, such that the handle and cap assembly of an identical stacked container are received in fitted engagement within the tunnel. Arguendo, Coleman does not disclose, the recessed tunnel includes a handle receiving portion shaped complementary to the handle and a cap receiving region shaped complementary to the cap assembly, such that the handle and cap assembly of an identical stacked container are received in fitted engagement within the tunnel and wherein a depth of the tunnel is greater than a height of the handle.
Yourist discloses a container (100) comprising a bottom with a recessed tunnel (Fig. 4,5, 10, and 12) the recessed tunnel includes a handle receiving portion (Fig. 10, 11; element 23 where handle is received ) shaped complementary to the handle and a cap receiving region (Fig. 10, 11; element 24 where cap is received) shaped complementary to the cap assembly, such that the handle and cap assembly of an identical stacked container are received in fitted engagement within the tunnel and a depth of the tunnel is greater than a height of the handle (handle 20 is fully within recess, therefore a depth of the tunnel is greater than a height of the handle.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Coleman to have recessed tunnel includes a handle receiving portion shaped complementary to the handle and a cap receiving region shaped complementary to the cap assembly, such that the handle and cap assembly of an identical stacked container are received in fitted engagement within the tunnel recessed tunnel wherein a depth of the tunnel is greater than a height of the handle for the purpose of allowing the container to have a sturdy stacking by having these structures within a recess/tunnel.
Regarding claim 22, Coleman does not disclose, the top wall defines a first locating boss and the bottom wall defines a second locating boss, the second locating boss positioned on the bottom wall such that if the angled container is stacked on a second identical angled container having the first and second locating bosses, the second locating boss of the angled container mates with and contacts a first locating boss of the second identical angled container.
Yourist teaches a rigid structured polymer container (Abstract) having a top wall that defines a first locating boss and the bottom wall that defines a second locating boss (container 100 includes top reference plane ("TRP") [top wall] including stabilizing tab 17 [first boss] and bottom reference plane ("BRP") [bottom wall] including recess feature 18 [second boss], Fig. 6, 7 and 8), the second locating boss positioned on the bottom wall such that if the container is stacked on a second identical container having the first and second locating bosses, the second locating boss of the container mates with and contacts a first locating boss of the second identical container (stabilizing tab 17 and recess feature 18 can facilitate stacking of similarly configured containers 100, Para. [0063] & Fig. 6, 7 and 8).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the container of Coleman to include locating bosses as taught by Yourist in order to minimize shifting of stacked containers.
Regarding claim 26, Coleman discloses, the recessed tunnel is located on the bottom wall.
The limitation “if the angled container is stacked on a second identical angled container having the handle and the tunnel, the handle of the second angled container is received within a tunnel of the angled container.” is considered to be intended use. Examiner asserts that the recitation of intended use or purpose of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use or fulfilling said purpose, then it meets the claim. Herein, the container has a handle and a tunnel, thus when stacked with identical container, the handle of the second container would be in the tunnel of the fist container.
Regarding claim 28, Coleman discloses, an angle A defined between the first wall and the second wall ranges from 180° to about 10°( the angle between the first and the second walls appears to be 120° which is within the range).
Claim(s) 11, and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Coleman- Yourist as applied to claim 10 above, and further in view of Rivera (US 20060260971).
Regarding claim 11, Coleman as modified does not disclose, at least one compression rib extending along a majority of a height of the container.
Rivera discloses, a stackable container comprising at least one compression rib (70) extending along a majority of a height of the container(para 47).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Coleman to incorporate at least one compression rib extending along a majority of a height of the container as taught by Rivera for the purpose of “enhance the strength of the container” (para 47).
Regarding claim 17, Coleman discloses, a cap (as annotated in claim 10) but does not explicitly disclose, a selectively removable cap assembly providing selective access to the interior region of the container.
Rivera discloses, a stackable container comprising a selectively removable cap assembly (28) providing selective access to the interior region of the container (para 34).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Coleman to incorporate a selectively removable cap assembly providing selective access to the interior region of the container as taught by Rivera for the purpose of “selectively opening and closing the container's outlet opening” (para 34).
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Coleman- Yourist as applied to claim 10 above, and further in view of Nilsson (US 6029864).
Regarding claim 14, Coleman as modified discloses the angled container of claim 10 but fails to explicitly disclose a plurality of graduations along the arcuate wall.
Nilsson teaches a container (Abstract) having a plurality of graduations along an arcuate wall (in the corner area [arcuate wall] between sides 5 and 6 a scale 29 [graduations] suitably is provided, which will indicate the level of the liquid in the container, the container as such being translucent or the scale area being made of such a material. Col. 3, Lines. 46-53 & Fig. 1 and 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the container of Coleman to include graduations as taught by Nilsson in order to provide a plurality of graduations along an arcuate wall so that the amount of contents within the container can be viewed/measured.
Claim(s) 15, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Coleman- Yourist as applied to claim 10 and 18 above respectively, and further in view of Wagner (US 7988005).
Regarding claim 15, Coleman does not disclose, at least one label panel along at least one of the first wall and the second wall.
Wagner discloses a container with a first and second wall ((30, and 32 respectively) with a arcuate wall in between, wherein the first wall comprises at least one label panel (Col. 5; lines 44-48).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Coleman to incorporate at least one label panel along at least one of the first wall and the second wall as taught by Wagner for the purpose of providing details of the container’s content.
Regarding claim 19, Coleman discloses, the angle A is selected from the group consisting of 180°, 120°, 90°, 72°, 60°, 45°, 40°, and 36° (the angle between the first and the second walls appears to be 120°).
However, in the event, the angle in not 120°, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Coleman to have the degree between the first and the second wall at 120°, since such a modification would have involved a mere change in the size of a component. A change in size is substantially recognized as being within the level of ordinary skill in the art.2 This is done for the purpose of fitting into a circular vessel as taught by Wagner.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Coleman- Yourist as applied to claim 10 above, and further in view of Hestehave (US 4541529).
Regarding claim 16, Coleman does not explicitly disclose, a plurality of feet along the bottom wall.
Hestehave discoes a stackable container (abstract) comprising a plurality of feet (12, 13) along the bottom wall (Fig. 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Coleman to incorporate a plurality of feet along the bottom wall as taught by Hestehave “for supporting the container in an unstacked condition on a floor or the like” (Col. 4; lines 55-56).
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Coleman-Yourist as applied to claim 20 above, and further in view of Rivera (US 20060260971).
Regarding claim 21, Coleman does not disclose, at least one compression rib extending along a majority of a height of the container.
Rivera discloses, a stackable container comprising at least one compression rib (70) extending along a majority of a height of the container(para 47).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Coleman to incorporate at least one compression rib extending along a majority of a height of the container as taught by Rivera for the purpose of “enhance the strength of the container” (para 47).
Claim(s) 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Coleman-Yourist as applied to claim 20 above, and further in view of Nilsson (US 6029864).
Regarding claim 23, Coleman fails to explicitly disclose a plurality of graduations along the arcuate wall.
Nilsson teaches a container (Abstract) having a plurality of graduations along an arcuate wall (in the corner area [arcuate wall] between sides 5 and 6 a scale 29 [graduations] suitably is provided, which will indicate the level of the liquid in the container, the container as such being translucent or the scale area being made of such a material. Col. 3, Lines. 46-53 & Fig. 1 and 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the container of Coleman to include graduations as taught by Nilsson in order to provide a plurality of graduations along an arcuate wall so that the amount of contents within the container can be viewed/measured.
Claim(s) 24, and 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Coleman-Yourist as applied to claim 20 and 28 above respectively, and further in view of Wagner (US 7988005).
Regarding claim 24, Coleman does not disclose, at least one label panel along at least one of the first wall and the second wall.
Wagner discloses a container with a first and second wall ((30, and 32 respectively) with a arcuate wall in between, wherein the first wall comprises at least one label panel (Col. 5; lines 44-48).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Coleman to incorporate at least one label panel along at least one of the first wall and the second wall as taught by Wagner for the purpose of providing details of the container’s content.
Regarding claim 29, Coleman discloses, the angle A is selected from the group consisting of 180°, 120°, 90°, 72°, 60°, 45°, 40°, and 36° (the angle between the first and the second walls appears to be 120°).
However, in the event, the angle in not 120°, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Coleman to have the degree between the first and the second wall at 120°, since such a modification would have involved a mere change in the size of a component. A change in size is substantially recognized as being within the level of ordinary skill in the art.3 This is done for the purpose of fitting into a circular vessel since such vessel has a degree of 360 as taught by Wagner.
Claim(s) 25, and 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Coleman-Yourist as applied to claim 20 above, and further in view of Hestehave (US 4541529).
Regarding claim 25, Coleman does not explicitly disclose, a plurality of feet along the bottom wall.
Hestehave discoes a stackable container (abstract) comprising a plurality of feet (12, 13) along the bottom wall (Fig. 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Coleman to incorporate a plurality of feet along the bottom wall as taught by Hestehave “for supporting the container in an unstacked condition on a floor or the like” (Col. 4; lines 55-56).
Regarding claim 27, Coleman discloses, a cap (as annotated in claim 20) assembly providing selective access to the interior region of the container.
While Coleman does not explicitly disclose if the cap is selectively removable, Hestehave discloses a stackable container (abstract) comprising a cap threadably connected to the neck of the container (Claim 2; Fig. 2, 16).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Coleman to have cap that is selectively removable as taught by Hestehave for the purpose of allowing user access to the opening/interior of the container.
Claim(s) 30 is/are rejected under 35 U.S.C. 103 as obvious over Coleman (US D829543) in view of Yourist (US 20160176574).
Regarding claim 30, Coleman disclose, A container system, the system comprising a first angled container comprising: a first planar wall (See annotated fig. below); a second planar wall (See annotated fig. below), the second wall adjacent to the first wall; an arcuate wall (See annotated fig. below)extending between and adjoining the first and second planar walls; a top wall (See annotated fig. below) extending between the first, second, and arcuate walls; a bottom wall (See annotated fig. below) extending between the first, second, and arcuate walls; the bottom wall defines a recessed tunnel (See annotated fig. below) wherein the first, second, arcuate, top, and bottom walls define an interior region, a cap assembly positioned on the top wall (See annotated fig. below).
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Another identical container of Coleman can be considered to be the second angled container and since they are identical, the second container would have a first planar wall; a second planar wall, the second wall adjacent to the first wall; an arcuate wall extending between and adjoining the first and second planar walls; a top wall extending between the first, second, and arcuate walls, the top wall including an upwardly extending handle (See annotated fig. above); a bottom wall extending between the first second, and arcuate walls; wherein the first, second, arcuate, top, and bottom walls define an interior region just as the first container and laterally constrained by opposing side surfaces of the tunnel.
wherein the recessed tunnel has a depth greater than a height of the handle, the tunnel located along the bottom wall of the first container such that if the first container is stacked on the second container, the handle of the second container is received within the tunnel of the first container (the recessed tunnel is clearly provided at the bottom for stacking identical containers which houses the upward extending handle.
In the event, arguendo, Coleman does not disclose the stacking of identical containers and a depth of the tunnel of the first container is greater than a height of the handle of the second container., Yourist discloses a container system comprising two identical containers (Fig. 10) that allows for stacking one over the other, the recessed tunnel has a depth greater than a height of the handle (handle 20 is shown within the recess fig. 10).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Coleman to have an identical container and the recessed tunnel has a depth greater than a height of the handle as taught by Yourist for the purpose of holding additional articles while keeping the containers stable when stacked while allowing for improved stacking.
As a result of such modification, the second container would have a first substantially planar wall; a second substantially planar wall, the second wall adjacent to the first wall; an arcuate wall extending between and adjoining the first and second planar walls; a top wall extending between the first, second, and arcuate walls, the top wall including an upwardly extending handle (See annotated fig. above); a bottom wall extending between the first second, and arcuate walls; wherein the first, second, arcuate, top, and bottom walls define an interior region just as the first container.
However, Coleman does not appear to disclose, wherein the cap assembly is positioned between the arcuate wall and the handle.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Coleman to have the location of the cap assembly be positioned between the arcuate wall and the handle since such modification requires mere rearrangement of parts wherein such modification “would not have modified the operation of the device”. It has been held that rearranging parts of an invention involves only routine skill in the art. See MPEP 2144.04(VI)(C).
Coleman discloses, the recessed tunnel includes a handle receiving portion (See annotated fig. above) shaped complementary to the handle and a cap receiving region (See annotated fig. above) shaped complementary to the cap assembly, such that the handle and cap assembly of an identical stacked container are received in fitted engagement within the tunnel. Arguendo, Coleman does not disclose, the recessed tunnel includes a handle receiving portion shaped complementary to the handle and a cap receiving region shaped complementary to the cap assembly of the second container.
Yourist discloses a container (100) comprising a bottom with a recessed tunnel (Fig. 4,5, 10, and 12) the recessed tunnel includes a handle receiving portion (Fig. 10, 11; element 23 where handle is received) shaped complementary to the handle and a cap receiving region (Fig. 10, 11; element 24 where cap is received) shaped complementary to the cap assembly of the second container.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Coleman to have recessed tunnel includes a handle receiving portion shaped complementary to the handle and a cap receiving region shaped complementary to the cap assembly, such that the handle and cap assembly of an identical stacked container are received in fitted engagement within the tunnel recessed tunnel wherein a depth of the tunnel is greater than a height of the handle for the purpose of allowing the container to have a sturdy stacking by having these structures within a recess/tunnel.
Claim(s) 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Coleman- Yourist as applied to claim 30 above, in view of Yourist (US 20160176574).
Regarding claim 31, Coleman does not disclose, the top wall of the second container defines a first locating boss and the bottom wall of the first container defines a second locating boss, the second locating boss positioned on the bottom wall such that if the angled container is stacked on a second identical angled container having the first and second locating bosses, the second locating boss of the angled container mates with and contacts a first locating boss of the second identical angled container.
Yourist teaches a rigid structured polymer container (Abstract) having a top wall of the second container (Fig. 10; bottom container) defines a first locating boss and the bottom wall of the first container (Fig. 10; upper container) defines a second locating boss (container 100 includes top reference plane ("TRP") [top wall] including stabilizing tab 17 [first boss] and bottom reference plane ("BRP") [bottom wall] including recess feature 18 [second boss], Fig. 6, 7 and 8), the second locating boss positioned on the bottom wall such that if the container is stacked on a second identical container having the first and second locating bosses, the second locating boss of the container mates with and contacts a first locating boss of the second identical container (stabilizing tab 17 and recess feature 18 can facilitate stacking of similarly configured containers 100, Para. [0063] & Fig. 6, 7 and 8).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the container of Coleman to include locating bosses as taught by Yourist in order to minimize shifting of stacked containers.
Claim(s) 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Coleman- Yourist as applied to claim 30 above, and further in view of Rivera (US 20060260971).
Regarding claim 32, Coleman does not disclose, at least one compression rib extending along a majority of a height of the container.
Rivera discloses, a stackable container comprising at least one compression rib (70) extending along a majority of a height of the container(para 47).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Coleman to incorporate at least one compression rib extending along a majority of a height of the container as taught by Rivera for the purpose of “enhance the strength of the container” (para 47).
Claim(s) 33 is/are rejected under 35 U.S.C. 103 as being unpatentable over Coleman- Yourist as applied to claim 30 above, and further in view of Nilsson (US 6029864).
Regarding claim 33, Coleman fails to explicitly disclose a plurality of graduations along the arcuate wall.
Nilsson teaches a container (Abstract) having a plurality of graduations along an arcuate wall (in the corner area [arcuate wall] between sides 5 and 6 a scale 29 [graduations] suitably is provided, which will indicate the level of the liquid in the container, the container as such being translucent or the scale area being made of such a material. Col. 3, Lines. 46-53 & Fig. 1 and 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the container of Coleman to include graduations as taught by Nilsson in order to provide a plurality of graduations along an arcuate wall so that the amount of contents within the container can be viewed/measured.
Claim(s) 34, 36-38, 40, and 41 is/are rejected under 35 U.S.C. 103 as being unpatentable over Coleman- Yourist as applied to claim 30 above, and further in view of Wagner (US 7988005).
Regarding claim 34, Coleman does not disclose, at least one label panel along at least one of the first wall and the second wall.
Wagner discloses a container with a first and second wall ((30, and 32 respectively) with a arcuate wall in between, wherein the first wall comprises at least one label panel (Col. 5; lines 44-48).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Coleman to incorporate at least one label panel along at least one of the first wall and the second wall as taught by Wagner for the purpose of providing details of the container’s content.
Regarding claim 36, Coleman does not disclose, a vessel defining an interior region sized to receive at least both of the first container and the second container.
Wagner discloses, a vessel defining an interior region sized to receive at least both of the first container and the second container (Fig. 1)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Coleman to incorporate a vessel defining an interior region sized to receive at least both of the first container and the second container in stacked manner as taught by Wagner for ease of transportation.
Regarding claim 37, Coleman as modified discloses, the interior region of the vessel is sized to receive the first container and the second container in a stacked configuration (Wagner , Fig. 1).
Regarding claim 38, Coleman as modified discloses the interior region of the vessel is sized to receive the first container and the second container in an aligned configuration (Fig. 1; the contains are stacked/aligned) .
Regarding claim 40, Coleman as modified discloses, the vessel includes at least one wall (Sidewall, bottom wall) that encloses the interior region of the vessel and precludes access to the interior region.
Regarding claim 41, Coleman as modified discloses a packing efficiency of the container system is greater than 70% (Wagner shows there is not much space left within the vessel in fig. 1 after placement of containers and thus the system must have a packing efficiency greater than 70%).
Claim(s) 35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Coleman- Yourist as applied to claim 30 above, and further in view of Hestehave (US 4541529).
Regarding claim 35, Coleman does not explicitly disclose, a plurality of feet along the bottom wall.
Hestehave discoes a stackable container (abstract) comprising a plurality of feet (12, 13) along the bottom wall (Fig. 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Coleman to incorporate a plurality of feet along the bottom wall as taught by Hestehave “for supporting the container in an unstacked condition on a floor or the like” (Col. 4; lines 55-56).
Response to Arguments
Applicants argument and amendment regarding drawing objections and 112 rejections have been fully considered and are persuasive. The drawing objection and the 112 rejections for claims 1-38, 40, and 41 are withdrawn.
Applicants argument with regards to the location of the cap being between handle and the arc wall is considered. However, this is a simple rearrangement of parts. It has been held that rearranging parts of an invention involves only routine skill in the art. See MPEP 2144.04(VI)(C).
The applicant argues that the prior art of Manderfield fails to provide positional relationship of the cap and the handle. The applicant is reminded that the prior art of Manderfield is utilized to show it is known to have removeable cap assembly and to incorporate compression ribs along a height of the container wherein the ribs are at junction of every wall. This prior art is not utilized for the location of the cap or the handle. As previously discussed, having the cap between the handle and the arc wall is a mere rearrangement of parts.
The applicant makes a similar argument that the prior art of Yourist does not disclose an arcuate wall therefore fails to disclose the location relationship of the handle and the cap. The examiner replies that such location as claimed is mere rearranging parts of an invention involves only routine skill in the art. See MPEP 2144.04(VI)(C).
The applicant further argues that the prior art of Yourist fails to disclose single tunnel that integrates both a handle shaped complementary portion and a cap assembly shaped complementary portion, to which the examiner respectfully disagrees. The annotated fig. clearly shows a tunnel (central recess) and the prior art teaching the same as the instant application where handle and cap assembly (23, and 24 houses handle and cap at the bottom within recess of Yourist) are housed within tunnel
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Lastly, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SANJIDUL ISLAM whose telephone number is (571)272-7670. The examiner can normally be reached Monday-Friday 8:30 -5:00.
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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.
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/SANJIDUL ISLAM/Examiner, Art Unit 3736
1 See MPEP 2144.04(IVA)
2 See MPEP 2144.04(IVA)
3 See MPEP 2144.04(IVA)
Prosecution Insights