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 .
Election/Restrictions
Claims 11-15 stand withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 20 October 2025.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1, 3, 16 and 19 is/are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Selina et al. (US 2015/0203238) (Selina).
Selina discloses a container comprising: a bottom comprising a bottom surface and a bottom perimeter, the bottom perimeter at a first distance from a central axis of the bottom surface; a sidewall extending vertically from the bottom perimeter at the first distance from the central axis that is perpendicular to the bottom surface to a container bead at a second distance from the central axis of the bottom surface, wherein the sidewall comprises: an outside surface of the sidewall, the outside surface comprising a smooth surface; and an interior surface of the sidewall, the interior surface comprising a plurality of vertical ribs (columns 38) extending vertically from the bottom perimeter, wherein each vertical rib of the plurality of vertical ribs comprises: a first vertical arc cut (cut made by one of the adjacent concavities 28 of a rib) in the sidewall that forms a first side of the vertical rib; and a second vertical arc cut (cut made by other adjacent concavity 28 of a rib) in the sidewall that forms a second side of the vertical rib opposite the first side of the vertical rib.
Re claims 1 and 16, each vertical rib of the plurality of vertical ribs further comprises: a vertical rib peak (indicated by arrow A in the annotated Fig. 5) positioned between the first vertical arc cut (indicated by arrow B in the annotated Fig. 5) and the second vertical arc cut (indicated by arrow C in the annotated Fig. 5); a first vertical blended section (indicated by arrow X in the annotated Fig. 5) positioned between the vertical rib peak and the first vertical arc cut and configured to smooth a first transition from the first vertical arc cut and the vertical rib peak (“configured to smooth…” is a functional limitation and “smooth” is a relative term, the first transition is smoother than a stepped configuration); and a second vertical blended section (indicated by arrow Y in the annotated Fig. 5) positioned between the vertical rib peak and the second vertical arc cut and configured to smooth a second transition from the second vertical arc cut to the vertical rib peak (“configured to smooth…” is a functional limitation and “smooth” is a relative term, the second transition is smoother than a stepped configuration).
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Re claims 3 and 19, the sidewall at a minimum thickness of the first vertical arc cut is at least 15 mil thinner than the sidewall at the vertical rib peak. See paragraph [13], lines 9-14, and Fig. 5, maximum thickness of concavity of 0.092 inches as compared to minimum center thickness of concavity or 0.070 inches and the difference of 0.022 inches or 22 mils.
Re claim 16, Selina discloses a container comprising: an interior bottom perimeter; an exterior bottom perimeter; a top container edge; a first sidewall section extending from the exterior bottom perimeter to the top container edge, wherein the first sidewall section comprises a smooth surface; and a second sidewall section extending from the interior bottom perimeter to the top container edge, wherein the second sidewall section comprises a plurality of vertical ribs (38) extending vertically from the interior bottom perimeter toward the top container edge, wherein each vertical rib of the plurality of vertical ribs comprises: a first vertical arc cut in the second sidewall section that forms a first side of the vertical rib; a second vertical arc cut in the second sidewall section that forms a second side of the vertical rib opposite the first side of the vertical rib; a vertical rib peak positioned between the first vertical arc cut and the second vertical arc cut; a first vertical blended section positioned between the vertical rib peak and the first vertical arc cut and configured to smooth a first transition from the first vertical arc cut and the vertical rib peak; and a second vertical blended section positioned between the vertical rib peak and the second vertical arc cut and configured to smooth a second transition from the second vertical arc cut to the vertical rib peak.
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) 4-8 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Selina in view of Nemitz et al. (US 4245685) (Nemitz).
Selina discloses a horizontal rib on the underside of the bottom but fails to disclose a plurality of horizontal ribs. Nemitz teaches horizontal bottom ribs 13 extending inwardly from the top side of the bottom. Each horizontal rib of the plurality of horizontal ribs comprises: a first horizontal arc cut (one-quarter of circle shape or pie-shape, see Fig. 3 of exterior and interior will be pie-shaped indentation between ribs) in the bottom surface that forms a first side of the horizontal rib; and a second horizontal arc cut (one-quarter of circle shape or pie-shape, see Fig. 3 of exterior and interior will be pie-shaped indentation between ribs) in the bottom surface that forms a second side of the horizontal rib opposite the first side of the horizontal rib. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the bottom of Selina to have bottom ribs as taught by Nemitz to provide a reinforced bottom and to protect the content of the container from impact.
Re claims 5 and 17, each horizontal rib of the plurality of horizontal ribs further comprises: a horizontal rib peak (the flat, horizontal, peak portion of rib 13) positioned between the first horizontal arc cut and the second horizontal arc cut; a first horizontal blended section (sloped rib sidewall) positioned between the horizontal rib peak and the first horizontal arc cut and configured to smooth (“configured to smooth…” is a functional limitation and “smooth” is a relative term, the first transition is smoother than a stepped configuration) a first transition from the first horizontal arc cut and the horizontal rib peak; and a second horizontal blended section (sloped rib sidewall) positioned between the horizontal rib peak and the second horizontal arc cut and configured to smooth (“configured to smooth…” is a functional limitation and “smooth” is a relative term, the second transition is smoother than a stepped configuration) a second transition from the second horizontal arc cut to the horizontal rib peak.
Re claim 6, a first horizontal rib of the plurality of horizontal ribs aligns with the first vertical arc cut of the sidewall at an intersection of the bottom surface and the interior surface of the sidewall as shown in Nemitz.
Re claim 7, each horizontal rib of the plurality of horizontal ribs aligns with a vertical rib of the plurality of vertical ribs at an intersection of the bottom surface and the interior surface of the sidewall as shown in Nemitz.
Re claim 8, the first horizontal arc cut and a portion of the bottom perimeter between sides of the first horizontal arc cut form a circular sector shape (pie-shape as discussed and shown by Nemitz).
Re claim 17, the exterior bottom surface or underside of the bottom comprises a smooth surface.
Claim(s) 9 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Selina in view of Nemitz as applied to claim 8 above, and further in view of Pulliam et al. (US 3627170) (Pulliam).
The combination fails to disclose a plurality of fins. Pulliam teaches a plurality of fins (radial ribs 44). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the underside of the bottom to include fins as taught by Pulliam such that the fins extend from the bottom perimeter in a radial, horizontal direction perpendicular to the central axis.
Claim(s) 10 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Selina in view of Koefelda et al. (US 5292024).
Selina fails to disclose that the sidewall forms a conical frustrum. Koefelda teaches a sidewall that forms a conical frustrum (see column 4, lines 36-37 which discuss that the sidewall 62 has a small draft angle of 1.6 degrees). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the wall to form a conical frustrum to allow nesting of pails for compact storage.
Response to Arguments
Applicant's arguments filed 19 December 2025 have been fully considered but they are not persuasive. Applicant has concluded that Salina fails to disclose the blended sections. Applicant makes this determination based upon his assessment that the flutes 28 directly contact the columns 38 at sharp transitions. However, there is no evidence supporting this conclusion of sharp transitions. The blended sections are configured to smooth transitions from a cut and the rib peak. The transition is not stepped and therefore, the transition is smoother than a stepped transition. There is no definition or other evidence which applicant presents to support the arbitrary conclusion of sharp transitions, therefore, not smooth transitions.
Conclusion
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sjc/STEPHEN J CASTELLANO/ Primary Examiner, Art Unit 3733