DETAILED ACTION
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
74-75 (new base art)
76-79 (new base art)
80 new base art, might be able to lump all of the above into the combo
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 10-14 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 10 substantially repeats the amended limitation of parent Claim 1.
Examiner notes that Claim 11 is a substantial repeat of Claim 7.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 102
Claims 1-5, 7, and 10-14 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Brown (US 5,165,645).
Regarding the claims, the prior art discloses the following:
1 (currently amended). An apparatus, comprising: a cooler (31) having a cooler interior space defined by a cooler sidewall upwardly extending from a cooler bottom wall to a cooler sidewall rim defining a cooler opening into said cooler interior space, and a cooler top wall (32) coupled to said cooler sidewall, said cooler top wall adapted to close said cooler opening to enclose said interior space, said cooler sidewall defining a cooler exterior surface; a base (11) having a base interior space defined by a base sidewall (20a, 20b) upwardly extending from a base bottom wall to a base sidewall rim defining a base opening to said base interior space, said base sidewall configured to receive said cooler exterior surface through said base opening into said base interior space (fig. 2), said base sidewall mateably engages said cooler exterior surface to retain said cooler in said base; and a pair of slots (between 21) disposed in opposite sides of said base side wall (201, 20b), each of said pair of slots having a closed end proximate said base bottom wall and upwardly extending to an opening at said base sidewall rim (fig. 2), wherein said slots are configured to receive a cord (each slot is capable of receiving a cord).
2 (currently amended). The apparatus of claim 1, further comprising a first catch part (22) coupled to said base (11) and a second catch part (33) coupled to said cooler, wherein said first catch part mateably engages said second catch part to secure said cooler in said base (fig. 6).
3 (currently amended)). The apparatus of claim 2, wherein said first catch part (22) comprises a disengageable component (24), said disengageable component enabling a disengagement of said first catch part (22) from said second catch part (33) to release said first catch part from said second catch part to allow removal of said cooler from said base (i.e., without 24, 22 is not engaged to 23).
4 (original). The apparatus of claim 2, wherein said first catch part comprises a pair of first catch parts coupled on opposite sides of said base, wherein said second catch part comprises a pair of second catch parts coupled on opposite sides of said cooler, wherein said first pair of catch parts correspondingly mateably engage said second pair of catch parts to secure said cooler in said base (fig. 6).
5 (original). The apparatus of claim 4, wherein said pair of first catch parts are disengageable from said pair of second catch parts to release said cooler from said base (i.e., 22 can be removed).
7 (original). The apparatus of claim 1, wherein each of said pair of slots (between 21) are configured to receive a cord with a cord medial portion disposed across said base bottom wall and having opposite end portions extending outside of said base (i.e., slots can receive cord), and wherein each of said end portions are configured to attach to a watercraft to secure said base to said watercraft (i.e., the apparatus is capable of being tied to a watercraft using the slots).
10 (original). The apparatus of claim 1, further comprising a pair of slots disposed in each one of opposite sides of said base side wall, wherein each of said pair of slots disposed in each one of opposite sides of said base sidewall having a closed end proximate said base bottom wall and upwardly extending to an opening in said base rim (as mapped above).
11 (currently amended). The apparatus of claim 10, wherein each of said pair of slots are disposed in each of said opposite base sidewalls configured to receive a cord with a cord medial portion disposed across said base bottom wall and opposite end portions extending outside of said base, each of said end portions configured to attach to a watercraft to secure said base to said watercraft (as mapped above).
12 (currently amended). The apparatus of claim 11, wherein said cord is diagonally disposed across said base bottom wall (the slots are capable of the functional limitation, as claimed).
13 (currently amended). The apparatus of claim 12, wherein said cord comprises a pair of cords each having a cord medial portion disposed diagonally across said base bottom wall, wherein said pair of cords cross in a central area of said base bottom wall, wherein opposite end portions of each of said pair of cords extend outside of said base, and wherein each of said end portions configured to attach to a watercraft to secure said base to said watercraft (the slots are capable of the functional limitation, as claimed).
14 (original). The apparatus of claim 13, wherein said cord or each of said pair of cords comprise an elastically resilient cord (the slots are capable of the functional limitation, as claimed).
Claims 19 and 24-25 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Gaskins (US 10, 112, 545).
Regarding the claims, the prior art discloses the following:
19 (currently amended). An apparatus of claim 1, further comprising a cooler (38) having a cooler interior space defined by a cooler sidewall upwardly extending from a cooler bottom wall to a cooler sidewall rim defining a cooler opening into said cooler interior space, and a cooler top wall coupled to said cooler sidewall, said cooler top wall adapted to close said cooler opening to enclose said interior space, said cooler sidewall defining a cooler exterior surface; a base (12) having a base interior space defined by a base sidewall upwardly extending from a base bottom wall to a base sidewall rim defining a base opening to said base interior space, said base sidewall configured to receive said cooler exterior surface through said base opening into said base interior space, said base sidewall mateably engages said cooler exterior surface to retain said cooler in said base; and a paddle holder (50) molded into said base sidewall (integrally formed, by col. 3, lines 3-7; and materials include plastic by col. 3, lines 9-12), said paddle holder configured to receive a paddle.
24 (original). The apparatus of claim 19, further comprising one or more cup holders (50) coupled to said base sidewall.
25 (original). The apparatus of claim 24, wherein said one or more cup holders connect to said paddle holder (fig. 8).
Claim Rejections - 35 USC § 103
Claims 1, 8-9, and 73 are rejected under 35 U.S.C. 103 as being unpatentable over James, Jr. (US 2013/0026171), in view of Kimball (US D275,262).
Regarding Claims 1, 8-9, and 73, James discloses an apparatus, comprising: a cooler (500) having a cooler interior space defined by a cooler sidewall upwardly extending from a cooler bottom wall to a cooler sidewall rim defining a cooler opening into said cooler interior space, and a cooler top wall coupled to said cooler sidewall, said cooler top wall adapted to close said cooler opening to enclose said interior space, said cooler sidewall defining a cooler exterior surface (fig. 5); a base (500) having a base interior space defined by a base sidewall (502, 602) upwardly extending from a base bottom wall (600) to a base sidewall rim defining a base opening to said base interior space, said base sidewall configured to receive said cooler exterior surface through said base opening into said base interior space (fig. 5), said base sidewall mateably engages said cooler exterior surface to retain said cooler in said base (fig. 5).
Since the invention of James uses magnets 506 for attaching the tray 500 to metallic surfaces, the disclosure cannot be said to read on the remaining limitations of Claims 1, 8-9, and 73. However, the use of L-shaped slots as tie-downs was old, well-known and common in the art.
Kimball shows, in figure 1, a pair of slots disposed in opposite sides of a base side wall (i.e., the side), each of said pair of slots having a closed end proximate a base bottom wall (i.e., the bottom) and upwardly extending to an opening at a base sidewall rim (i.e., the top), wherein said slots are configured to receive a cord (each slot is capable of receiving a cord); wherein said pair of slots comprises a pair right angle slots each having slot first portion proximate said base bottom wall and upwardly extending to an opening at said base rim and a slot second portion extending from said slot first portion adjacent said base bottom wall to a slot second portion closed end (i.e., as shown in fig. 1); wherein each of said pair of right angle slots configured to receive a cord in said slot first portion and slidingly receive said cord in said slot second portion with a cord medial portion disposed across said base bottom wall with opposite end portions extending outside of said base, each of said end portions configured to attach to a watercraft secure said base to said watercraft (the slots are capable of the functional limitation, as claimed).
It would have been obvious to one of ordinary skill in the art prior to the time of effective filing to include L-shaped channels, such as those shown by Kimball, into the tray as disclosed by James, for the expected advantage of allowing the apparatus to be mounted to non-metallic surfaces via tie-down ropes.
Claims 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Williams (US 2,123,549), in view of Bishop (US 8,371,548).
Regarding Claims 17-18, Williams discloses an apparatus, comprising: a base (fig. 1) having a base interior space defined by a base sidewall (5) upwardly extending from a base bottom wall (4) to a base sidewall rim (3) defining a base opening to said base interior space, said base sidewall configured to receive said cooler exterior surface through said base opening into said base interior space (i.e., the supporting structure of figure 1 is capable of receiving a cooler), said base sidewall mateably engages said cooler exterior surface to retain said cooler in said base (i.e., the devive of figure 1 is capable of performing the functional limitation); and a plurality of elastomer feet (1) coupled to said base bottom wall (4) and extending away from said base interior space (fig. 1), said plurality of elastomer feet (1) configured to resiliently engage a watercraft (suction cups 1 are capable of engaging a watercraft); wherein said plurality of elastomer feet comprise a plurality of elastomer cups (1); and wherein said plurality of elastomer cups each having a round concave surface extending to generally circular flexible cup rim (figs. 1-3 show the claimed arrangement); wherein said plurality of elastomer cups each comprise a suction cup (1).
Williams does not explicitly disclose a cooler having a cooler interior space defined by a cooler sidewall upwardly extending from a cooler bottom wall to a cooler sidewall rim defining a cooler opening into said cooler interior space, and a cooler top wall coupled to said cooler sidewall, said cooler top wall adapted to close said cooler opening to enclose said interior space, said cooler sidewall defining a cooler exterior surface.
Bishop teaches a cooler (cooler C, fig. 2) having a cooler interior space defined by a cooler sidewall upwardly extending from a cooler bottom wall to a cooler sidewall rim defining a cooler opening into said cooler interior space, and a cooler top wall coupled to said cooler sidewall, said cooler top wall adapted to close said cooler opening to enclose said interior space, said cooler sidewall defining a cooler exterior surface (fig. 2); and further teaches a base sidewall configured to receive said cooler exterior surface through said base opening into said base interior space (fig. 2), said base sidewall mateably engages said cooler exterior surface to retain said cooler in said base (fig. 2). It would have been obvious to one of ordinary skill in the art prior to the time of effective filing to use the cooler as taught by Bishop in combination with the base as disclosed by Williams, for the expected benefit of allowing the mechanism to hold items which are considered essential for longer trips (i.e., by Bishop, col. 1, lines 10-40).
Claims 20-23 are rejected under 35 U.S.C. 103 as being unpatentable over Gaskins (US 10, 112, 545), in view of The Coleman Company (WO 2016/209944).
Gaskins discloses the use of fishing pole holders 50 (e.g., which are capable of holding a disassembled commonly-known two-piece paddle) and further discloses that other types of additional holders for additional storage can also be attached and/or integrally formed at a sidewall and/or front wall of the receptacle 12 (col. 3, lines 3-8); but does not explicitly disclose that the paddle holder comprises a generally semicircular trough, and therefore cannot be said to read on the limitations of claims 20-22.
Coleman teaches the use of a paddle holder that comprises a generally semicircular trough (32) which receives a paddle shaft (fig. 1); said generally semicircular trough having opposed longitudinally extending spaced apart trough edges (24, 22); wherein said opposed longitudinally extending spaced apart trough edges resiliently spread upon forcible urging of said paddle shaft to receive said paddle shaft (para. 18); further comprising a snap-fit structure coupled to one of said opposed longitudinally extending spaced apart trough edges, said snap-fit structure configured to form a removable snap-fit connection between said paddle holder and said paddle shaft (fig. 5).
It would have been obviosu to one of ordinary skill in the art prior to the time of effective filing to use the paddle holder as taught by Coleman in combination with the receptacle as disclosed by Gaskins, for the expected benefit of allowing increased functionality to the device while minimizing bulk and/or manufacturing materials (i.e., by Coleman, para. 3).
Claim 80 is rejected under 35 U.S.C. 103 as being unpatentable over Harper (US 5,423,426), in view of Marchetto et al. (US 4,974,765), The Coleman Company (WO 2016/209944), and Kimball (US D275,262).
Regarding claim 80, Harper discloses an apparatus, comprising: a cooler (16) having a cooler interior space (fig. 3) defined by a cooler sidewall upwardly extending from a cooler bottom wall to a cooler sidewall rim defining a cooler opening into said cooler interior space, and a cooler top wall (22) coupled to said cooler sidewall, said cooler top wall adapted to close said cooler opening to enclose said interior space, said cooler sidewall defining a cooler exterior surface; a base (12) having a base interior space defined by a base sidewall upwardly extending from a base bottom wall to a base sidewall rim defining a base opening to said base interior space, said base sidewall configured to receive said cooler exterior surface through said base opening into said base interior space, said base sidewall mateably engages said cooler exterior surface to retain said cooler in said base (figs. 1-3); but does not disclose a pair of slots disposed in opposite sides of said base side wall, each of said pair of slots having a closed end proximate said base bottom wall and upwardly extending to an opening at said base sidewall rim, wherein said slots are configured to receive a cord; a plurality of elastomer feet coupled to said base bottom wall and extending away from said base interior space, said plurality of elastomer feet configured to resiliently engage a watercraft; wherein said plurality of elastomer feet comprise a plurality of elastomer cups; wherein said plurality of elastomer cups each having a round concave surface extending to generally circular flexible cup rim; and a paddle holder molded into said base sidewall, said paddle holder configured to receive a paddle.
Marchetto teaches a plurality of elastomer feet (3) coupled to a base bottom wall (i.e., any of figs. 1-5) and extending away from a base interior space, said plurality of elastomer feet (3) configured to resiliently engage a watercraft; wherein said plurality of elastomer feet (3) comprise a plurality of elastomer cups (3); wherein said plurality of elastomer cups (3) each having a round concave surface extending to generally circular flexible cup rim (as disclosed). It would have been obvious to one of ordinary skill in the art prior to the time of effective filing to use the elastomer feet as taught by Marchetto in combination with the receptacle as disclosed by Harper, for the expected benefit of providing a more secure or robust placement, e.g. to prevent unwanted spills.
Coleman teaches a paddle holder molded into said base sidewall, said paddle holder configured to receive a paddle. It would have been obviosu to one of ordinary skill in the art prior to the time of effective filing to use the paddle holder as taught by Coleman in combination with the receptacle as disclosed by Harper, for the expected benefit of allowing increased functionality to the device while minimizing bulk and/or manufacturing materials (i.e., by Coleman, para. 3).
Kimball shows, in figure 1, a pair of slots disposed in opposite sides of a base side wall (i.e., the side), each of said pair of slots having a closed end proximate a base bottom wall (i.e., the bottom) and upwardly extending to an opening at a base sidewall rim (i.e., the top), wherein said slots are configured to receive a cord (each slot is capable of receiving a cord). It would have been obvious to one of ordinary skill in the art prior to the time of effective filing to include L-shaped channels, such as those shown by Kimball, into the receptacle as disclosed by Harper, for the expected advantage of a more secure or more robust placement, and/or to provide for more versitile mounting options.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Harper (US 5,423,426), in view of Marchetto et al. (US 4,974,765); and/or Claims 74-75 are rejected under 35 U.S.C. 103 as being unpatentable over Harper (US 5,423,426) and Marchetto et al. (US 4,974,765), in view of Kimball (US D275,262); and/or Claims 76-79 are rejected under 35 U.S.C. 103 as being unpatentable over Harper (US 5,423,426) and Marchetto et al. (US 4,974,765), in view of The Coleman Company (WO 2016/209944),
The limitations of Claims 17 and 74-79 are substantially similar to the limitations which have been explained with regards to the prior art, above. Therefore, the pertinence of the prior art to the claimed limitations is omitted as redundant.
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
However, the previous indication of allowable subject matter has been withdrawn subsequent to further search and/or consideration.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to T. S. FIX whose telephone number is (571)272-8535. The examiner can normally be reached M-Th 10a-3p.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Minnah Seoh can be reached at 5712707778. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/T. SCOTT FIX/Primary Examiner, Art Unit 3618
