DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claims 1-20 are objected to because of the following informalities. Appropriate correction is required.
Applicant is advised that should claims 1 or 5 be found allowable, claims 12-20 or 6 and 15, respectively, will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
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.
Claims 11 and 20 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Regarding claims 11 and 20, the phrase "for example" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
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 is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over US Pub 20040011790 by Woinarski (hereinafter “Woinarski”) in view of US Pat 4718571 issued to Bordner (hereinafter “Bordner”) in view of US Pat 5143219 issued to Yates (hereinafter “Yates”).
Regarding claim 1, Woinarski teaches an assembly (Figs 1-2, [0002] “container-closure” shown is an assembly), comprising:
- a lid (see examiner annotated Woinarski Figure 2, hereinafter “EAFW2”; EAFW2, lid) intended to close a container (Fig 1, container), the lid comprising a covering part (EAFW2, covering) configured to cover an opening of the container when the lid is mounted on the container (covering shown covering container opening with lid mounted) and a fastening part (EAFW2, lid’s fastening) configured to allow the lid to be fastened to the container when the lid is mounted on the container (fastening shown fastening the mounted lid to the container), the fastening part comprising a U-shaped skirt (EAFW2, U skirt (top)) extending over the a periphery of the covering part (U skirt shown extending over a periphery of the covering), the skirt including a first wall proximal to the covering part (EAFW2, U skirt has a first wall shown proximal to the covering), a second wall distal to the covering part (EAFW2, U skirt has a second wall shown distal to the covering) and a third wall (EAFW2, U skirt has a third wall) which connects the first wall and the second wall so as to form a housing (EAFW2, first, second and third walls define a housing/cavity) intended to receive a complementary fastening part of the container (housing shown receiving a container’s complementary fastening), the third wall forming a bottom of the housing (EAFW2, third wall has a bottom surface, which forms a “bottom” of the housing), the housing comprising a first zone extending between the first wall and the middle of the third wall (EAFW2, first zone) and a second zone extending between the middle of the third wall and the second wall (EAFW2, second zone), the lid comprising a seal arranged in the first zone of the housing ([0046], “channel 41 [is] occupied in part by an elastomeric gasket-type sealant”, EAFW2, shown at least to the right of the middle),
- a container comprising a body, the body of the container including a closed lower end and an upper end portion comprising an opening (Fig 1, a container is shown with a body and bottom wall closing the body and an open upper end portion), and
a fastening part complementary to the fastening part of the lid, the complementary fastening part being intended to be engaged in at least one free part of the housing of the fastening part of the lid (EAFW2, lid’s free fastening fastens/engages to container’s fastening (i.e. at least heel to rib)),
PNG
media_image1.png
568
668
media_image1.png
Greyscale
But Woinarski does not explicitly teach a particular zone occupied by the seal.
Bordner, however, teaches a seal is in a first zone only (see examiner annotated Bordner Figure 2, hereinafter “EAFB2”; EAFB2, a seal is shown in a first zone only).
PNG
media_image2.png
645
662
media_image2.png
Greyscale
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 shapeless (because not shown) “gasket” of Woinarski with a shape and placement of a “gasket 98” that happens to reside only in a first zone as taught by Bordner in order to advantageously reinforce/tighten sealing by having at least four points of contact deform the gasket (as shown in EAFB2).
But Woinarski/Bordner does not explicitly teach a deformation rib.
Yates, however, teaches a deformation rib (see examiner annotated Yates Figure 2, hereinafter “EAFY2”; EAFY2, 52 is a V shape rib as shown).
PNG
media_image3.png
420
472
media_image3.png
Greyscale
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 unclaimed container ledge of Woinarski with a deformation rib 52 as taught by Yates in order to advantageously increase fatigue life of the walls versus bending and better resist buckling by “lock[ing] the interior depending member to the sidewall against transverse movement” from “when one stackable container is stacked on the top of another stackable container” (col 4, lines 10-19).
Examiner notes the resultant combination yields the claimed invention via the fastening parts of Woinarski with the seal of Bordner making four points of contact only in the first zone of Woinarski and the deformation rib of Yates extends in a V shape from the inside surface of the container of Woinarski that thereby deforms the seal by contact. Therefore, this combination reads on the remaining claimed function: the rib is “configured to deform part of the seal when the lid is mounted on the container”.
Regarding claim 2, Woinarski/Bordner/Yates further teaches the seal (EAFB2, seal) comprises a substantially flat external surface (EAFB2, external surface of seal shown substantially flat). See details in the parent claim 1 rejection above, including the motivation for a person of ordinary skill in the art to modify.
Regarding claims 3 and 12, Woinarski/Bordner/Yates further teaches the seal (EAFB2, seal) comprises a first end arranged facing the third wall (EAFB2, first end shown facing a third wall) and a second end opposite the first end (EAFB2, second end shown opposite), the second end comprising an inclined surface (EAFB2, inclined surface) configured to guide the complementary fastening part of the container into the housing when the lid is mounted on the container (EAFB2, inclined surface is shown capable of assisting in guiding the container fastening of EAFW2, when the lid is mounted). See details in the parent claim 1 rejection above, including the motivation for a person of ordinary skill in the art to modify.
Regarding claims 4 and 13, Woinarski/Bordner/Yates further teaches the third wall comprises a rib arranged in its middle, the rib extending into the housing (EAFB2, rib 96 shown arranged in the middle of a third wall and into the housing, on the third wall in EAFW2). See details in the parent claim 1 rejection above, including the motivation for a person of ordinary skill in the art to modify.
Regarding claims 5 and 14, Woinarski further teaches the lid comprises a plastic material ([0031], “closure [/lid is] molded from polypropylene or high density polyethylene”) and in that the seal comprises an elastomeric material ([0046], “channel 41 [is] occupied in part by an elastomeric gasket-type sealant”).
Regarding claims 6 and 15, Woinarski further teaches the plastic material of the lid is a high-density polyethylene or a polypropylene ([0031], “closure [/lid is] molded from polypropylene or high density polyethylene”).
Regarding claims 7 and 16, Woinarski further teaches the complementary fastening part of the container comprises a peripheral heel comprising an upper face and a lower face (EAFW2, the container’s complementary part of the fastening includes a heel, the heel shown having an upper and lower face), and
- the second wall of the fastening part of the lid comprises a peripheral rib extending in the housing so as to be engaged against the lower face of the peripheral heel of the complementary fastening part of the container (EAFW2, the lid’s fastening part peripherally located second wall includes a rib, the rib shown extends into the housing (i.e. its defined cavity) and engages the heel).
Regarding claims 8 and 17, Woinarski/Bordner/Yates further teaches the seal (EAFB2, seal) comprises a first end arranged facing the third wall (EAFB2, first end shown facing a third wall) and a second end opposite the first end (EAFB2, second end shown opposite), the second end comprising an inclined surface (EAFB2, inclined surface) configured to guide the complementary fastening part of the container into the housing when the lid is mounted on the container (EAFB2, inclined surface is shown capable of assisting in guiding the container fastening of EAFW2, when the lid is mounted) and the deformation rib (EAFY2, rib) is configured to deform the second end of the seal (EAFY2, rib is capable of contacting thereby deforming via its V shape the seal of EAFB2). See details in the parent claim 1 rejection above, including the motivation for a person of ordinary skill in the art to modify.
Regarding claims 9 and 18, Woinarski/Bordner/Yates further teaches the deformation rib has a V shape (EAFY2, rib shown V shaped). See details in the parent claim 1 rejection above, including the motivation for a person of ordinary skill in the art to modify.
Regarding claims 10 and 19, Woinarski/Bordner/Yates further teaches the container comprises the deformation rib (EAFY2, rib on the inside surface of the container of Woinarski). See details in the parent claim 1 rejection above, including the motivation for a person of ordinary skill in the art to modify.
Regarding claims 11 and 20, Woinarski further teaches the complementary fastening part of the container (EAFW2, container’s fastening) comprises a U-shaped skirt comprising a first wall proximal to a central part of the container, a second wall distal to the central part of the container and a third wall which connects the first wall and the second wall (EAFW2, container U skirt (bottom) first wall is the right, second wall the left, and third wall is in between connecting them),
the assembly in which the first wall of the skirt of the container extends, in its entirety, parallel to an axis passing through a center of the container (EAFW2, container U skirt (bottom) first wall (right) shown extending vertically (dotted line which is parallel to a container center axis)) and the first wall of the skirt of the lid extends, in its entirety, parallel to an axis passing through a center of the lid (EAFW2, lid U skirt (top) first wall shown extending vertically (dotted line which is parallel to the lid center axis)).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. See attached PTO-892. 5,6,9,11,13,18,24,33,39,41,42,50,57
US 20130098914 – similar structure except for the seal (Fig 1)
US 20200385196 – seal 40 fills a first zone only but its protrusions 44 exceed the zone (Figs 10C-10D)
US 20210016934 – seal in first zone only but external surface not substantially flat (Fig 4)
US 3294274 – seal in first zone only (Fig 3)
US 4335827 – seal in first zone only (Fig 3)
US 5074428 – seal in first zone only and middle rib (Fig 3)
US 6170691 – seal in first zone only and deformation rib and middle rib (Fig 15)
US 8651312 – over-molded seal (Fig 9)
US 10124935 – seal in first zone only (Fig 3)
US 10273036 – seal in first zone only (Fig 5)
GB 2186558 – seal in first zone only and middle rib (Figs 6-7)
GB 2268734 – seal in first zone only (Fig 5)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC C BALDRIGHI whose telephone number is (571)272-4948. The examiner can normally be reached M-F 7:30-5:00 EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Jenness can be reached on 5712705055. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ERIC C BALDRIGHI/Examiner, Art Unit 3733
/DON M ANDERSON/Primary Examiner, Art Unit 3733