DETAILED ACTION
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 .
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1, 4-5, 8 and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pomeroy et al. (US 4,861,301 A)(Pomeroy) and Iyer et al. (US 20210071930 A1)(Iyer).
Regarding claim 1, Pomeroy discloses a portable container (200), comprising: a unitary body (201) comprising at least four side walls and a bottom, the unitary body comprising: an exterior comprising an exterior height; an interior comprising an interior height (Fig. 7) and at least one compartment disposed within the interior; a first and a second lateral opening (210, noting they are laterally spaced from one another) through the unitary body adapted to receive a strap (211), each disposed in one of the lateral sides (as the flanges 205 are considered a part of the sides of which they are attached to); and a unitary lid (206) configured to be removably secured to the body comprising: an upper surface (Fig. 1), a lower surface (Fig. 7), and a first and second lid opening (209) extending between the upper surface and the lower surface and adapted to receive a strap (211); and a strap configured to be received in the first and second lateral openings and the first and second lid openings (Fig. 7); wherein, when the strap is received in the first and second lateral openings and the first and second lid openings, the lid is moveable along the strap (Fig. 7).
Pomeroy does not specifically disclose the body comprises a recess disposed on the bottom side and at least two of the first lateral side, the second lateral side, the third lateral side, and the fourth lateral side of the exterior of the body, the strap is configured to be received in the recess, the strap is disposed on the exterior of the body between the bottom side of the exterior and the opening height and is disposed on the interior of the body between the opening height and the first lid opening and second lid opening.
Iyer demonstrates a container including a handle (182) and further including recess (115) disposed on the bottom side and at least two of the first lateral side, the second lateral side, the third lateral side, and the fourth lateral side of the exterior of the body (Figs. 2A and 2B), the strap is configured to be received in the recess (Figs. 1A and 1B) and a strap configured to be received in the recess.
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the device of Pomeroy and configure the strap to extend below the carrier within a recess in order to allow the strap to further support the lower portion of the body and transfer the weight of the carrier over a larger portion of the strap. Such a change would reduce the chances of dropping the device in a case where the flange portion (205) has failed.
Regarding claim 4, modified Pomeroy discloses the first lateral opening and the second lateral opening (210) are on opposing lateral sides of the exterior and interior of the body (to the degree that the upper surface of 205 is an extension of the interior of the lateral sides and the lower surface of 205 part of the exterior).
Regarding claim 5, modified Pomeroy disclose the strap further comprises lateral handles disposed proximally to the first lateral opening and second lateral opening (to the degree that each portion proximal each opening 210, of strap 211 can be considered a handle; Fig. 7).
Regarding claim 8, modified Pomeroy discloses at least one of the first and second lateral openings is disposed at an opening height less than the exterior height of the body (noting the lower opening portion of 210, on the bottom of 205 is below the upper edge of the exterior of the body).
Regarding claim 13, modified Pomeroy does not specifically disclose the strap further comprises an upper handle.
Iyer demonstrates a similar container including a strap (182) including a handle (184) a to allow for holding the container with ease and increased comfort (Last 4 lines of Paragraph 0036).
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the modified device of Pomeroy and include a handle on the strap in order to increase comfort when holding the container as suggested by Iyer.
Claim(s) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pomeroy et al. (US 4,861,301 A)(Pomeroy) and Iyer et al. (US 20210071930 A1)(Iyer) as applied to claim 1 above, and further in view of Humann (US 11,473,836 B1)(Humann).
Regarding claim 2, modified Pomeroy does not specifically disclose the body and lid comprise polyurethane or ethylene vinyl acetate.
Humann discloses a container having a base (101) and a lid (102) and further comprising polyurethane (Col. 2; Ll. 22-24).
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the modified device of Pomeroy and make the device out of polyurethane as taught by Humann because such a change would require a mere choice of a known suitable material in the art. It has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Regarding claim 3, modified Pomeroy does not specifically the at least one compartment comprises integral compartments formed by at least one integral projection extending from a bottom wall of the interior to a projection height, wherein the projection height is less than or equal to the interior height.
Humann discloses a container having a base (101) and a lid (102) and the base having an interior compartment (Fig. 9) comprising compartments (noting the left and right instances of 700) formed by at least one integral projection (106) extending from a bottom wall of the interior to a projection height (Fig. 9), wherein the projection height is less than or equal to the interior height (Fig. 9).
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the modified device of Pomeroy and form the base such that it includes an interior partition formed by an integral projection in order to help secure items within the container as demonstrated by Humann.
Alternatively, claim(s) 4 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pomeroy et al. (US 4,861,301 A)(Pomeroy) and Iyer et al. (US 20210071930 A1)(Iyer) as applied to claim 1 above, and further in view of in view of Percy (US 2,561,488 A).
Regarding claims 4 and 8, to the degree that it can be argued that modified Pomeroy does not specifically disclose the first lateral opening and the second lateral opening are on opposing lateral sides of the exterior and interior of the body, or at least one of the first and second lateral openings is disposed at an opening height less than the exterior height of the body.
Percy demonstrates a carrier including a base (6) and a lid (13) including a strap (21) extending through a pair of openings (22) in the lid and out a pair of laterally spaced openings opposed on the exterior and interior of the body (23), and at least one of the first and second lateral openings (23) is disposed at an opening height less than the exterior height of the body (Figs. 1 and 2).
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the modified device of Pomeroy and use the teaching of Percy and configure the openings in the lid and the body similarly to those of Percy because such a change would have required a mere rearrangement of parts. i.e. placing the openings in a different location on the lid and body. It has been held that rearranging parts of an invention involves only routine skill in the art. In re Japiske, 86 USPQ 70.
Claim(s) 10-12 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pomeroy et al. (US 4,861,301 A)(Pomeroy) and Iyer et al. (US 20210071930 A1)(Iyer) as applied to claim 1 above, and further in view of in view of Gantt et al. (US 3,848,766 A)(Gantt).
Regarding claims 10 and 12, modified Pomeroy does not specifically disclose the strap further comprises a fixation element, wherein the fixation element is disposed above the lid.
Gantt teaches a similar device including a strap (46) extending through openings in a lid, the strap including a fixation element (52), wherein the fixation element is disposed above the lid (Fig. 2), the strap forming a loop whereby a lower portion of the loop supports the bottom of the container (Fig. 2).
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the device of Pomeroy and use the teaching of Gantt and configure the strap to form a loop that wraps under a lower portion of the container with a fixation above the lid because such a change would allow the strap to further support the lower portion of the container and transfer the weight of the carrier over a larger portion of the strap. Such a change would reduce the chances of dropping the device in a case where the flange portion (205) has failed.
Regarding claim 11, modified Pomeroy and specifically Gantt discloses that the connector (52) can be any suitable fastening (Col. 1, Ll. 59-62), but does not specifically disclose fixation element comprises a buckle.
It would have been obvious to one having ordinary skill in the art to take the modified device of Pomeroy and have the fixation element comprise a buckle because a buckle is a well-known fixation in the art, and such a change would have required the mere choice of one known suitable fixation device over another and would have yielded predictable results.
Regarding claim 14, Pomeroy does not specifically disclose the lower surface of the lid further comprises a plurality of cutouts.
Gantt teaches a similar device that includes the lower surface of the lid further comprises a plurality of cutouts (38).
It would have been obvious to one having ordinary skill in the art to take the device of Pomeroy and include a set of cutouts in the lower surface of the lid in order to allow the carrier to accommodate and more closely contain items therein as demonstrated by Gantt. It is noted that the negative space will accommodate a can or bottle, and the material surrounding the cutouts will bound the area in which the can or bottles can move, and contain them therein.
Claim(s) 1, 4-5, 8-9 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Percy (US 2,561,488 A) in view of Iyer et al. (US 2021/0071930 A1)(Iyer).
Regarding claims 1 and 9, Percy discloses a portable container (Fig. 1), comprising, a unitary body (6) comprising a vertical cylindrical wall and a bottom, the unitary body comprising, an exterior comprising an exterior height; an interior comprising an interior height and at least one compartment disposed within the interior (Fig. 1); a first and a second lateral opening (23) through the unitary body adapted to receive a strap (21/26), each disposed laterally relative to one another (23); and a unitary lid (13) configured to be removably secured to the body comprising: an upper surface, a lower surface, and a first and second lid opening (22) extending between the upper surface and the lower surface and adapted to receive a strap (21/26); and a strap configured to be received in the first and second lateral openings (Fig. 1) and the first and second lid openings; wherein, when the strap is received in the first and second lateral openings and the first and second lid openings, the lid is moveable along the strap (Fig. 1).
Percy discloses the device can be any shape (Col. 1; Ll. 40-45) but does not specifically disclose the body having at least four side walls.
Iyer demonstrates a similar carrier including four sides (Figs. 1A-2B).
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the device of Percy and use the teaching of Iyer and make the device with four sides because such a change would require a mere change in shape of a component. There is no invention in merely changing the shape or form of an article without changing its function except in a design patent. Eskimo Pie Corp. v. Levous et al., 3 USPQ 23.
Percy discloses the strap is disposed on the interior of the body between the opening height (23) and the first lid opening and second lid opening (22).
Modified Percy does not specifically disclose the body comprises a recess disposed on the bottom side and at least two of the first lateral side, the second lateral side, the third lateral side, and the fourth lateral side of the exterior of the body, the strap is configured to be received in the recess, the strap is disposed on the exterior of the body between the bottom side of the exterior and the opening height.
Iyer further demonstrates a container including a handle (182) and further including recess (115) disposed on the bottom side and at least two of the first lateral side, the second lateral side, the third lateral side, and the fourth lateral side of the exterior of the body (Figs. 2A and 2B), the strap is configured to be received in the recess (Figs. 1A and 1B), the strap is disposed on the exterior of the body between the bottom side of the exterior and extends upward along the sides.
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the modified device of Percy and configure the strap to extend below the carrier within a recess in order to allow the strap to further support the lower portion of the body and transfer the weight of the carrier over a larger portion of the strap. Such a change would reduce the chances of dropping the device in a case where the knot (24) comes untied.
Regarding claim 4, modified Percy discloses the first lateral opening and the second lateral opening (23) are on opposing lateral sides of the exterior and interior of the body.
Regarding claim 5, modified Percy discloses the strap further comprises lateral handles (noting the portions extending past the knots 24) disposed proximally to the first lateral opening and second lateral opening.
Regarding claim 8, modified Percy discloses at least one of the first and second lateral openings (23) is disposed at an opening height less than the exterior height of the body (Fig. 1).
Regarding claim 13, modified Percy does not specifically disclose the strap further comprises an upper handle.
Iyer demonstrates a similar container including a strap (182) including a handle (184) a to allow for holding the container with ease and increased comfort (Last 4 lines of Paragraph 0036).
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the device of Percy and include a handle on the strap in order to increase comfort when holding the container as suggested by Iyer.
Claim(s) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Percy (US 2,561,488 A) in view of Iyer et al. (US 2021/0071930 A1)(Iyer) as applied to claim 1, and further in view of Humann (US 11,473,836 B1)(Humann).
Regarding claim 2, modified Percy does not specifically disclose the body and lid comprise polyurethane or ethylene vinyl acetate.
Humann discloses a container having a base (101) and a lid (102) and further comprising polyurethane (Col. 2; Ll. 22-24).
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the modified device of Percy and make the device out of polyurethane as taught by Percy because such a change would require a mere choice of a known suitable material in the art. It has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Regarding claim 3, modified Percy does not specifically the at least one compartment comprises integral compartments formed by at least one integral projection extending from a bottom wall of the interior to a projection height, wherein the projection height is less than or equal to the interior height.
Humann discloses a container having a base (101) and a lid (102) and the base having an interior compartment (Fig. 9) comprising compartments (noting the left and right instances of 700) formed by at least one integral projection (106) extending from a bottom wall of the interior to a projection height (Fig. 9), wherein the projection height is less than or equal to the interior height (Fig. 9).
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the modified device of Percy and form the base such that it includes an interior partition formed by an integral projection in order to help secure items within the container as demonstrated by Humann.
Claim(s) 10-12 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Percy (US 2,561,488 A) in view of Iyer et al. (US 2021/0071930 A1)(Iyer) as applied to claim 1, and further in view of Gantt et al. (US 3,848,766 A)(Gantt).
Regarding claims 10 and 12, modified Percy does not specifically disclose the strap further comprises a fixation element, wherein the fixation element is disposed above the lid.
Gantt teaches a similar device including a strap (46) extending through openings in a lid, the strap including a fixation element (52), wherein the fixation element is disposed above the lid (Fig. 2), the strap forming a loop whereby a lower portion of the loop supports the bottom of the container (Fig. 2).
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the device of Percy and use the teaching of Gantt and configure the strap to form a loop that wraps under a lower portion of the container with a fixation above the lid because such a change would allow the strap to further support the lower portion of the container and transfer the weight of the carrier over a larger portion of the strap. Such a change would reduce the chances of dropping the device in a case where the flange portion (205) has failed.
Regarding claim 11, modified Percy and specifically Gantt discloses that the connector (52) can be any suitable fastening (Col. 1, Ll. 59-62), but does not specifically disclose fixation element comprises a buckle.
It would have been obvious to one having ordinary skill in the art to take the modified device of Percy and have the fixation element comprise a buckle because a buckle is a well-known fixation in the art, and such a change would have required the mere choice of one known suitable fixation device over another and would have yielded predictable results.
Regarding claim 14, modified Percy does not specifically disclose the lower surface of the lid further comprises a plurality of cutouts.
Gantt teaches a similar device that includes the lower surface of the lid further comprises a plurality of cutouts (38).
It would have been obvious to one having ordinary skill in the art to take the device of Percy and include a set of cutouts in the lower surface of the lid in order to allow the carrier to accommodate and more closely contain items therein as demonstrated by Gantt. It is noted that the negative space will accommodate a can or bottle, and the material surrounding the cutouts will bound the area in which the can or bottles can move, and contain them therein.
Claim(s) 15-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Percy (US 2,561,488 A) in view of Iyer et al. (US 2021/0071930 A1)(Iyer) and Gantt et al. (US 3,848,766 A)(Gantt).
Regarding claim 15-16 and 18, Percy discloses a method of assembling a portable container (Fig. 1) comprising: providing a body (6) comprising a first lateral opening (noting an instance of 23) disposed in a first lateral side of the body and a second lateral opening (noting the second instance of 23) disposed in a second lateral side of the body; providing a lid (13) comprising a first lid opening and a second lid opening (22); and providing a strap (21/26), threading the strap through the first lid opening or the second lid opening; threading the strap through the first lateral opening or the second lateral opening (Fig. 1); threading the strap through the first lateral opening or the second lateral opening (23); threading the strap through the first lid opening or the second lid opening (22).
Percy does not specifically disclose wrapping the strap around at least two sides of the exterior of the body, or wrapping the strap around the first lateral side; wrapping the strap around a bottom side; and wrapping the strap around the second lateral side; wherein the exterior of the body comprises a recess configured to receive the strap.
Iyer demonstrates a container including a handle (182) and further including recess (115) disposed on the bottom side and at least two of the first lateral side, the second lateral side, the third lateral side, and the fourth lateral side of the exterior of the body (Figs. 2A and 2B), the strap is configured to be received in the recess (Figs. 1A and 1B), the strap is disposed on the exterior of the body and wrapped around the bottom side of the exterior and extends upward along the sides, the strap configured to wrap through the recess on both sides and the bottom.
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the method of Percy and configure the strap to extend below the carrier within a recess in order to allow the strap to further support the lower portion of the body and transfer the weight of the carrier over a larger portion of the strap. Such a change would reduce the chances of dropping the device in a case where the knot (24) comes untied.
Modified Percy does not specifically disclose the strap comprising a fixation element and engaging the fixation element of the strap to convert the fixation element to a fixed state.
Gantt teaches a similar device including a strap (46) extending through openings in a lid, the strap including a fixation element (52), wherein the fixation element is disposed above the lid (Fig. 2), the ends of the straps fixed together forming a loop whereby a lower portion of the loop supports the bottom of the container (Fig. 2).
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the modified method of Percy and use the teaching of Gantt and include a fixation element to attach two ends of the strap because such a change would require a mere choice of a known way to connect portions of a strap to one another to form a loop.
Regarding claim 17, modified Percy and specifically Gantt discloses that the connector (52) can be any suitable fastening (Col. 1, Ll. 59-62), but does not specifically disclose fixation element comprises a buckle.
It would have been obvious to one having ordinary skill in the art to take the modified device of Percy and have the fixation element comprise a buckle because a buckle is a well-known fixation in the art, and such a change would have required the mere choice of one known suitable fixation device over another and would have yielded predictable results.
Regarding claim 19, modified Percy discloses the strap further comprises lateral handles (noting the portions extending out of the openings 23, and can be grabbed) disposed proximally to the first lateral opening and second lateral opening.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Percy (US 2,561,488 A) in view of Iyer et al. (US 2021/0071930 A1)(Iyer) and Gantt et al. (US 3,848,766 A)(Gantt) as applied to claim 15 above, and further in view of Humann (US 11,473,836 B1)(Humann).
Regarding claim 20, modified Percy demonstrates the body comprises an interior comprising: a bottom side; an interior height, but does not specifically the at least one compartment comprises integral compartments formed by at least one integral projection extending from a bottom wall of the interior to a projection height, wherein the projection height is less than or equal to the interior height.
Humann discloses a container having a base (101) and a lid (102) and the base having an interior compartment (Fig. 9) comprising compartments (noting the left and right instances of 700) formed by at least one integral projection (106) extending from a bottom wall of the interior to a projection height (Fig. 9), wherein the projection height is less than or equal to the interior height (Fig. 9).
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the modified method of Percy and form the base such that it includes an interior partition formed by an integral projection in order to help secure items within the container as demonstrated by Humann.
Response to Arguments
Applicant's arguments filed 26 February 2026 have been fully considered but they are not persuasive.
Applicant argues that neither Pomeroy, Percy nor Iyer teach the structure of the arrangement of the recess and the strap claimed and noted that Iyer only discloses a partial recess and therefore the recess of Iyer is not “disposed on the bottom side and at least two sides of the first lateral side, the second lateral side, the third lateral side, and the fourth lateral side of the exterior of the body. Examiner respectfully disagrees. The claim language does not specifically require that a recess disposed on a side extend the entire length of said side. To this degree any recess disposed on the side of basically any length that is capable of receiving a strap would meet the claim language. To this degree the recesses shown in Fig. 1A of Iyer are considered to meet this claim language as the recesses are disposed on the stated sides, even though they do not extend the entire height of the more vertical sides. Examiner also notes that Iyer demonstrates an alternative embodiment (Fig. 3A/3B) whereby the recesses in the sides extend all the way up and extend through a separate lid panel. Examiner notes that claim language stating that the first or second opening is located within the recess or within an end of the recess would likely overcome the Iyer reference.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/M.T.T./Examiner, Art Unit 3734
/NATHAN J NEWHOUSE/Supervisory Patent Examiner, Art Unit 3734
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