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 .
Information Disclosure Statement
The listing of references in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description:
101
601
602
701 a
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 8 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Applicant provides “where the means of counter rotational force being applied to the bottom section is facilitated with retracting flap that requires assembly with a spring or similar.” Applicant fails to provide as to how the above operates and the relationships between the other structure in Applicant’s original specification.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-25 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "the outer edge.” There is insufficient antecedent basis for this limitation in the claim. Claims 2-25 is/are rejected as being dependent on the above rejected claim(s).
Claim 1 recites the limitation "the internal surface.” There is insufficient antecedent basis for this limitation in the claim. Claims 2-25 is/are rejected as being dependent on the above rejected claim(s).
Claim 1 recites the limitation "the respective ring sections.” There is insufficient antecedent basis for this limitation in the claim. Claims 2-25 is/are rejected as being dependent on the above rejected claim(s).
Claim 1 recites the limitation "the base surface.” There is insufficient antecedent basis for this limitation in the claim. Claims 2-25 is/are rejected as being dependent on the above rejected claim(s).
Claim 1 recites the limitation "the bottom surface.” There is insufficient antecedent basis for this limitation in the claim. Claims 2-25 is/are rejected as being dependent on the above rejected claim(s).
Claim 1 recites the limitation "the mechanism.” There is insufficient antecedent basis for this limitation in the claim. Claims 2-25 is/are rejected as being dependent on the above rejected claim(s).
Claim 1 recites the limitation "the body upper edge.” There is insufficient antecedent basis for this limitation in the claim. Claims 2-25 is/are rejected as being dependent on the above rejected claim(s).
Claim 1 recites the limitation "the body sections.” There is insufficient antecedent basis for this limitation in the claim. Claims 2-25 is/are rejected as being dependent on the above rejected claim(s).
Claim 2 recites the limitation "the bottom section.” There is insufficient antecedent basis for this limitation in the claim. Claims 3 is/are rejected as being dependent on the above rejected claim(s).
Claim 2 recites the limitation "the bottom ring section.” There is insufficient antecedent basis for this limitation in the claim. Claims 3 is/are rejected as being dependent on the above rejected claim(s).
Claim 3 recites the limitation "the female or male.” There is insufficient antecedent basis for this limitation in the claim.
Claim 3 recites the limitation "said female male connection.” There is insufficient antecedent basis for this limitation in the claim.
In claim 4, Applicant provides “together through; sonic welding, screws, clip or other”. Applicant has failed to make clear Applicants intent in the above. Claims 5-7 is/are rejected as being dependent on the above rejected claim(s).
Claim 5 recites the limitation "the mouthpiece.” There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation "the respective inner surfaces.” There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "the means of counter rotational force.” There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "the bottom.” There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "the top.” There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "the internal top surface.” There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "respect ring sections.” There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "the top outer edge.” There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "the respective ring section.” There is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites the limitation "the some.” There is insufficient antecedent basis for this limitation in the claim.
Claim 13 recites the limitation "the respective ring section.” There is insufficient antecedent basis for this limitation in the claim.
Claim 13 recites the limitation "the length.” There is insufficient antecedent basis for this limitation in the claim.
Claim 14 recites the limitation "the respective ring section.” There is insufficient antecedent basis for this limitation in the claim.
Claim 14 recites the limitation "the length.” There is insufficient antecedent basis for this limitation in the claim.
Claim 15 recites the limitation "the top surface.” There is insufficient antecedent basis for this limitation in the claim.
Applicant provide or similar in claim 15. Applicant has failed to make Applicant’s intent of the above as similar to what element and Applicant has failed to include proper notation such as “.”
Claim 16 recites the limitation "the upper most ring section.” There is insufficient antecedent basis for this limitation in the claim.
Claim 16 recites the limitation "the body assembly.” There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 16, the phrase "like hinge or similar" renders the claim(s) indefinite because the claim(s) include(s) elements not actually disclosed (those encompassed by "or the like"), thereby rendering the scope of the claim(s) unascertainable. See MPEP § 2173.05(d). Claim 17 is/are rejected as being dependent on the above rejected claim(s).
Claim 17 recites the limitation "the same ring section.” There is insufficient antecedent basis for this limitation in the claim.
Claim 17 recites the limitation "the hinge mechanism.” There is insufficient antecedent basis for this limitation in the claim.
Claim 17 recites the limitation "the counter rotational force.” There is insufficient antecedent basis for this limitation in the claim.
Claim 17 recites the limitation "the bottom section.” There is insufficient antecedent basis for this limitation in the claim.
In claim 17, Applicant provides “or other” and Applicant fails to make clear Applicant’s intent of the above.
Claim 17 recites the limitation "the bottom surface.” There is insufficient antecedent basis for this limitation in the claim.
Claim 18 recites the limitation "the upper most connecting edge.” There is insufficient antecedent basis for this limitation in the claim.
Claim 20 recites the limitation "the lowermost ring.” There is insufficient antecedent basis for this limitation in the claim.
Claim 20 recites the limitation "the uppermost surface.” There is insufficient antecedent basis for this limitation in the claim.
Claim 20 recites the limitation "the inner liner.” There is insufficient antecedent basis for this limitation in the claim.
Claim 21 recites the limitation "the outer surface.” There is insufficient antecedent basis for this limitation in the claim.
Claim 22 recites the limitation "the correct pairing of connection.” There is insufficient antecedent basis for this limitation in the claim.
Claim 23 recites the limitation "the uppermost edge.” There is insufficient antecedent basis for this limitation in the claim.
Claim 23 recites the limitation "the bottom internal surface.” There is insufficient antecedent basis for this limitation in the claim.
Claim 25 recites the limitation "the preceding section.” There is insufficient antecedent basis for this limitation in the claim.
Claim 25 recites the limitation "the bottom.” There is insufficient antecedent basis for this limitation in the claim.
Claim 25 recites the limitation "the top.” There is insufficient antecedent basis for this limitation in the claim.
Claim 25 recites the limitation "the product.” There is insufficient antecedent basis for this limitation in the claim.
In addition to the above, the Office notes that the claims are generally narrative and indefinite, failing to conform with current U.S. practice. They appear to be a literal translation into English from a foreign document and are replete with grammatical and idiomatic errors.
Claim Rejections - 35 USC § 102/103
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.
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) 1-3, 9-14, 18, 20-22, 25 is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Sa (EP 3733545 A1).
The Office notes the significant 112 rejections above. Nevertheless, Sa discloses:
[Claim 1] A collapsible container (figs 1-16, which includes figures 13-14) comprising; a lid section (adjacent 103 1307); an inner flexible sleeve (adjacent 102, and liner of figs 13-14); a body of coaxially orientated telescopic ring sections that facilitates the extending and collapsing motions (body portion of rings shown in figs 13, 14); a plurality of tab extrusions that are proximate to the outer upper edge of the respective ring sections (1433); a plurality of inner grooves on the internal surface of the respective ring sections which guide and limit the movement of said tabs and respective ring sections when the body is in its assembled embodiment and/or between rested states (1432 capable of performing the above intended use); said movement can be ascribed to being vertical which is generally perpendicular to the base surface, and lateral which is generally coincident in motion to that of the bottom surface, with the vertical action being employed when in its unlocked expanding or collapsing motions, and the lateral motion when applying a semi-locked or unlocked state, with there being no screw type of motion employed by the mechanism in any of its embodiments (capable of performing the above intended use); ridges within said internal grooves limit the travel of said tabs so there are rested or semi-locked positions which mitigate undesired movements between rested states, and are employed or unemployed in respect to said lateral motions; said tabs are required to traverse said internal ridges to reach the semi- locked rested state from the unlocked state, or vice versa, an unlocked position of said tabs whereby they enable the mechanism to employ said vertical movement between different height levels (portions adjacent 1439a and b are ridges and groover 1432 capable of performing the above intended use); the flexible inner sleeve is semi-permanently affixed to the upper edge of body with a combination of fastening plugs and respective holes, or other fastening means such as a lip on the inner sleeve holding onto an upper edge of the upper section of the body (as in figs 13-14 with included liner as in fig 2); a seal is created when said lid section is semi-permanently affixed to said body upper edge through such means as complimentary screw threads between the body and lid section, and the inner sleeve is compressed between the lid and the body sections (capable of performing the above intended use such as creating a seal, such as with threads shown in fig 1);
[Claim 2] The container of claim 1, with means of semi permanently affixing the inner sleeve to the bottom section of the telescopic body ring sections, such as inner sleeve having an extruded tongue which tightly fits into a complimentary hole provided by the bottom ring section (as in fig 3 adjacaent 205, 206).
[Claim 3] The container of claim 2, wherein there are vertical ridges provided by either the female or male, or both, of the said female male connection (as in fig 3 adjacent 205, 206).
[Claim 9] The container of claim 1, whereby the limits of upward movement in its collapsed state to ensure assembly is maintained, is provided by contact of the top of said tabs with the internal top surface of the said internal grooves in the respect ring sections (capable of performing the above intended use, as for example shown in figs 14a and 14b).
[Claim 10] The container of claim 1, whereby the limits of upward movement in its collapsed state to ensure assembly is maintained, is provided by contact proximate to the top outer edge of respective rings sections with internal tabs of the respective ring section (capable of performing the above intended use, as for example shown in figs 14a and 14b).
[Claim 11] The container of claim 1, whereby the limits of upward movement in its collapsed state to ensure assembly is maintained, is provided by contact of additional tabs that are proximate to the bottom of the outer surface with internal complimentary groove cuts to the respective ring section (capable of performing the above intended use, as for example shown in figs 14a and 14b).
[Claim 12] The container of claim 1, whereby the some or all tabs have cuts to either side to provide greater ability in movement in the inward lateral motion (capable of performing the above intended use, as for example shown in figs 14a and 14b).
[Claim 13] The container of claim 1, where the tabs have bevels to their adjoining side edges to the respective ring sections, that are greater than half the length of said tabs. The Office notes the 112 rejection above. Nevertheless, Official Notice is taken, that it is old and conventional to provide the tabs have bevels to their adjoining side edges to the respective ring sections, that are greater than half the length of said tabs. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made in view of the Official Notice to provide the tabs have bevels to their adjoining side edges to the respective ring sections, that are greater than half the length of said tabs in order to provide a guiding surface that enhances smooth transition between the desired positions.
[Claim 14] The container of claim 1, where the tabs have a bevel or bevels to their adjoining bottom edge or edges to the respective ring sections, that are greater than half the length of said tabs. The Office notes the 112 rejection above. Nevertheless, Official Notice is taken, that it is old and conventional to provide the tabs have bevels to their adjoining side edges to the respective ring sections, that are greater than half the length of said tabs. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made in view of the Official Notice to provide the tabs have bevels to their adjoining side edges to the respective ring sections, that are greater than half the length of said tabs in order to provide a guiding surface that enhances smooth transition between the desired positions.
[Claim 18] The container of claim 1, wherein the counter rotational force applied to the bottom section is provided by offering; ridges, grooves, tabs or other, on the bottom surface, through which the user generally applies said counter force with their digits of their hand (capable of performing the above intended use, such as by other).
[Claim 20] The container of claim 1, where in each of the telescopic body sections graduate in height from lower most section, to upper most, whereby the lower most ring is the smallest height and also contains the means to enact the counter rotational for, and the upper most is the tallest and retains that means through which to semi permanently affix the inner liner to its upper most edge, and all the intermediary stages graduate in height from the former to the later, in order to offer a greater volume of area for the folding inner liner when in its collapsed end state (as shown in fig 14a for example)
[Claim 21] The container of claim 1, whereby there is an additional tab or tabs, that protrude generally perpendicular to the outer surface, through which counter rotational force can be applied when employing a movement from a semi locked to unlocked state, or vice versa (as shown in figs 14 a with other tabs, capable of performing the above intended use).
[Claim 22] The container of claim 1, wherein there are complimentary indicational marking on the inner sleeve and top surface of the bottom lid, to facilitate clarity in terms of the correct pairing of connections to be made (adjacent 215)
[Claim 25] The container of claim 1, whereby each of the telescopic ring sections is slightly taller than the preceding section, from the bottom through to the top, in order to create a cavity space within the product when in its fully collapsed state, in which the inner flexible sleave can be situated (fig 14a).
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) 4-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sa as applied to claim 1 above, and further in view of Fung (US 20110248037 A1)
Sa discloses the claimed invention above with the exception of the following which is disclosed by Fung:
[Claim 4] The container of claim 1, where the lid is comprised of two layers, top lid,and inner lid, which offers a contained gap between, which may be held together through; sonic welding, screws, clips or other (as shown in figs 9, 10 with two layers connected via other);
[Claim 5] The container of claim 4, that has a mouth plug that is proximate to a hole provided by said lid section, and movable laterally inward by means of sliding with a digit to open, and effectively slid outward to close (portion of 78 with hole beneath). With respect to sliding vs hinging, the Office notes that Official Notice is taken, that it is old and conventional to provide a mouth plug that is proximate to a hole provided by said lid section, and movable laterally inward by means of sliding with a digit to open, and effectively slid outward to close. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made in view of the Official Notice to provide a mouth plug that is proximate to a hole provided by said lid section, and movable laterally inward by means of sliding with a digit to open, and effectively slid outward to close in order to provide a different type of known plug that may be more securely shut or more easily opened depending on the user.
[Claim 6] The container of claim 5, wherein there is a raised ridge that is around the mouthpiece through which contents are transferred from inside to outside,or vice versa, with the raised ridge either coming from the mouth plug or the lid, in order to give greater sealing of fluid (as shown in fig 10 with raised portion).
[Claim 7] The container of claim 4, wherein one of said layers provides a plurality of extruded nodes that keep the respective inner surfaces more reliably equidistant (protruding portion in fig 10)
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Sa in view of Fung (by providing the above type of lid by replacing the or adding to the existing) in order to provide a lid that enhances that ability to drink and secure drink within.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sa as applied to claim 1 above, and further in view of Marta (US 20120248106 A1)
The Office notes the 112 rejection above.
The Combined Reference discloses the claimed invention above with the exception of the following which is disclosed by Marta: [Claim 8] The container of claim 1, where the means of counter rotational force being applied to the bottom section is facilitated with retracting flap that requires assembly with a spring or similar (paragraph 15 for example). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Sa in view of Marta (by providing the above) in order to provide the above element in order to enhance the rotational action by applying an element that assists such as a spring.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sa as applied to claim 1 above, and further in view of Miksovsky (US 20200407112 A1)
The Office notes the 112 rejection above. Nevertheless, Sa discloses the claimed invention above with the exception of the following which is disclosed by Mikesovsky: [Claim 15] The container of claim 1, wherein the lid section provides means of semi permanently affixing an additional item to the top surface, such as a male or female connection, or screw type embodiment, or similar (paragraph 23) It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Sa in vie wof Miksosvky (by providing means for another item) in order to provide the above such as to enhance carrying.
Claim(s) 16, 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sa as applied to claim 1 above, and further in view of Tontarelli (EP 0119962 A1)
The Office notes the 112 rejection above. Nevertheless, Sa discloses the claimed invention above with the exception of the following which is disclosed by Tontarelli: [Claim 16] The container of claim 1, whereby there is rotational handle that is connected to the uppermost ring section of the body assembly, which is affixed with a bolt like hinge or similar (as shown in fig 5, 1a).
[Claim 17] The container of claim 15, wherein the handle can be semi permanently affixed in rotational movement, with complimentary structural means provided by the same ring section that provides the hinge mechanism for the handle (as shown in fig 5, 1a).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Sa in view of Tontarelli (by providing the above structure) in order to provide the above such as to enhance carrying.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sa as applied to claim 1 above, and further in view of McGregor (US 20110248040 A1)
The Office notes the 112 rejection above. Sa discloses the claimed invention above with the exception of the following which is disclosed by McGregor: [Claim 19] The container of claim 1, wherein the upper most connecting edge of the body to inner sleeve, embodies chamfer cuts proximate to the outer edge, to facilitate more efficient means of separating said inner sleeve and body sections by creating an overhanging lip of said inner sleeve through which to appropriate said separating action (as shown in fig 2, 4, 6 with chamfer shape, capable of performing the above intended use). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Sa in view of McGregory (by providing the above structure) in order to enhance the telescoping operation.
Claim(s) 23, 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sa as applied to claim 1 above, and further in view of Patterson (US 10669067 B1).
The Office notes the 112 rejection above. Sa discloses the claimed invention above with the exception of the following which is disclosed by Patterson: [Claim 23] The container of claim 1, whereby the inner sleeve accommodates multiple cavities to hold given contents and keep them separated, though means of contact of the uppermost edge with the bottom internal surface of the lid section (as in figs 1-6b including elements adjacent 146, 194, 192, 190, 188).
[Claim 24] The container of claim 23, wherein there is an additional flexible sleeve that can be inserted into one of the cavities, so to enable greater separation of given contents if desired (as in figs 1-6b including elements adjacent 146, 194, 192, 190, 188; also shown in fig 2s with multiple layers to the structure including sleeve within cavity such as between 170, 172, 174, 182, 186 and also structure above). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Sa in view of Patterson (by providing multiple cavities and sleeve) in order to provide additional storage capacity and organization whereby elements can b removed to be used independently or cleaned.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW D PERREAULT whose telephone number is (571)270-5427. The examiner can normally be reached Monday - Friday 7:00am-5:30pm.
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/ANDREW D PERREAULT/Primary Examiner, Art Unit 3735