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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 1/7/2023 has been entered. Claims 1-20 are pending.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-3, 5-6 and 13-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liu (US 2006/0201950).
Regarding claim 1, Liu discloses a container (See Figs. 1-3B) capable of containing food items, the container comprising: a body (at 10 in Fig. 1) comprising: a first portion (at 112 in Fig. 1) comprising a first cavity; and a second portion (at 111 in Fig. 1) comprising a second cavity; and a lid (at 20 in Fig. 1) comprising: a first portion (at 23b in Fig. 1) configured to cover the first portion of the body when the container is in a closed position; and a second portion (at 23c in Fig. 1) configured to cover the second portion of the body when the container is in the closed position; wherein the first portion of the body includes a protrusion accepting region (recess at 14 in Fig. 3A) surrounding the first cavity, the first portion of the lid includes a protrusion region (at 222 in Fig. 3A), and the protrusion accepting region of the body is configured to mate with the protrusion region of the lid to form a locking mechanism surrounding the first cavity when the container is in the closed position (as shown in Fig. 3B), and wherein the locking mechanism is configured to lock the container in the closed position without requiring another locking mechanism.
Regarding claim 2, Liu discloses the locking mechanism seals the first portion of the body (as shown in Fig. 3B).
Regarding claim 3, Liu discloses the first portion of the body is capable of housing a food item such that the food item is prevented from entering the second portion of the body by the locking mechanism.
Regarding claim 5, Liu discloses a hinge (See Fig. 13) coupled between and integrated with the body and the lid.
Regarding claim 6, Liu discloses the hinge is disposed adjacent the second portion of the body, such that when the container is opened, the body, the lid, and the hinge together form an hourglass shape.
Regarding claim 13, Liu discloses a container (at 1 - See Figs. 1-3B) capable of containing food items, the container comprising: a first body portion (at 111 in Fig. 1) capable of holding a food item; a second body portion (at 112 in Fig. 1) coupled to the first body portion by a body portion (partition between cavities in 10 in Fig. 1) of the container, the second body portion capable of holding a condiment or a sauce for the food item; and a lockable lid (at 20 in Fig. 1) capable of maintaining a food item and condiment or sauce within the container when the container is in a closed position; wherein the lockable lid includes a first portion of a locking mechanism (at 222 in Fig. 3A) and the first body portion includes a second portion of the locking mechanism (at 14 in Fig. 3A) disposed around an edge of the first body portion, the first and second portions of the locking mechanism configured to interact when the container is in a closed position such that the first body portion can be sealed (as shown in Fig. 3B), and wherein the interaction of the first and second portions of the locking mechanism is configured to lock the container in the closed position without requiring another locking mechanism.
Regarding claim 14, Liu discloses a hinge (See Fig. 13) integrated between the lockable lid and the first body portion.
Claims 4 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Liu (US 2006/0201950) as applied to claims 1 and 13 above, in view of Goeking et al. (US 2004/0232026). As described above, Liu discloses the locking mechanism comprises a male/female 360-degree nest-locking mechanism, except for the plurality of click indicators disposed on at least one surface of at least one of the protrusion accepting region and the protrusion region. However, Goeking teaches a container comprising a base portion (at 12 in Fig. 4) and a cover portion (at 42 in Fig. 4), wherein at least one locking mechanism contacting surface between the base portion and cover portion are provided with a plurality of click indicators (at 49) for the purpose of providing audible and tactile feedback upon sealing or unsealing the cover portion ([0014] and [0049]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the locking mechanism of Liu with click indicators as taught by Goeking in order to provide an audible/tactile feedback upon sealing.
Claims 7-8, 15 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Liu (US 2006/0201950) as applied to claims 1 and 13 above, in view of Cimmerer et al. (US 2009/0179039).
Regarding claims 7 and 15, as described above, Liu discloses the claimed invention except for the first portion of the lid having a plurality of vents. However, Cimmerer teaches a container (See Fig. 1) comprising a body (at 12) and a lid (at 16), wherein the lid includes a plurality of vents (at 64) for the purpose of permitting venting of the container. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the first portion of the lid of Liu with vents as taught by Cimmerer in order to permit venting of the first cavity, if desired.
Regarding claims 8 and 18, as described above, Liu discloses the claimed invention except for the plurality of stacking lugs. However, Cimmerer teaches it is well known in the art to provide a container element with a plurality of stacking lugs (at 62) for the purpose of preventing the interlocking of container elements when two or more container elements are stacked together ([0048]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the body of Liu with stacking lugs as taught by Cimmerer in order to prevent the interlocking of bodies when two or more bodies are stacked together.
Claims 9-10, 16 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Liu (US 2006/0201950) as applied to claims 1 and 13 above, in view of Appendini et al. (US 2019/0135478). As described above, Liu discloses the claimed invention except for the specific material of the lid and body. However, Appendini teaches it is well known in the art for a container lid to be formed from a transparent plastic material and the container body to be formed from a molded opaque plastic material for the purpose of allowing visibility of the contents from above ([0011]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have formed the lid and body of Liu from a transparent and opaque material, respectively, as taught by Appendini in order to allow visibility of the contents from above.
Claims 11 and 17 rejected under 35 U.S.C. 103 as being unpatentable over Liu (US 2006/0201950) as applied to claims 1 and 13 above, in view of Buck (US 2013/0068774). As described above, Liu discloses the claimed invention except for the finger indentations. However, Buck teaches it is well known in the art for a cavity (at 101a in Fig. 1) of a container portion (at 100a) to be provided with a plurality of finger indentations (at 106 in Fig. 1) for the purpose of to facilitating removal of items from the cavity ([0088]). Therefore, 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 the second portion of the body of Liu with finger indentations as taught by Buck in order to allow for easier removal of items from the cavity.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Liu (US 2006/0201950) as applied to claim 1 above, in view of Haggerty et al. (US 2005/0092763). As described above, Liu discloses the claimed invention except for at least one portion of the lid includes embossed characters. However, Haggerty teaches it is well known in the art to provide a portion of a lid (at 12 in Fig. 1) of a container with embossed characters (at 80 in Fig. 1) for the purpose of providing product identifiers to the container ([0010] and [0030]). Therefore, 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 the lid of Liu with embossed characters as taught by Haggerty in order to provide the user with product identification.
Response to Arguments
In view of Applicant's amendment, the search has been updated, and new prior art has been identified and applied. Applicant's arguments have been considered but are moot in view of the new ground(s) of rejection.
Conclusion
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/STEVEN A. REYNOLDS/Primary Examiner, Art Unit 3735