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 .
Response to Amendment
In the amendment dated March 4, 2026, claims 1, 5, 21, 26, 28, and 29 were amended and claims 2 and 3 were cancelled. Claims 1, 4-6, 8, 10-15, 18, and 21-30 are pending.
The amendments to the claims overcome the rejections under 35 U.S.C. 112(b).
Applicant’s arguments with respect to the 35 U.S.C. 102 rejections of the claims over Lei and Stillinger have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Claims 1, 2, and 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN-201056353 to Zhang (hereinafter, “Zhang”).
Regarding claim 1, Zhang discloses a container (Figs. 1-9) for holding a comestible (p. 1 of attached translation), the container comprising: a container body (box body 1, Figs. 1-2) defining a container cavity (p. 2); a first cover (inner cover 5, Fig. 2) positionable on said container body (box body 1), said first cover (inner cover 5) including a first opening (exit hole 6 on left side in Fig. 8) and a second opening (exit hole on right side in Fig. 8) in communication with said container cavity (see Fig. 2); and a second cover (cover 2, Fig. 2) engagable with an upper surface of said first cover (inner cover 5, see Fig. 2), wherein the second cover (cover 2) has a neutral position (position in Fig. 1) in which the second cover (cover 2) covers an entirety of the upper surface of the first cover (inner cover 5, see Fig. 1), a first portion (annotated Fig. 2 below) of the second cover (cover 2) overlaps the first opening (exit hole 6 on left side, see Figs. 1, 8), and a second portion (annotated Fig. 2) of the second cover (cover 2) overlaps the second opening (exit hole 6 on right side, see Figs. 1, 8), wherein said second cover (cover 2) is moveable relative to said first cover (inner cover 5, see p. 2) in a first direction (annotated Fig. 2) from the neutral position (Fig. 1) to a first dispensing position (position of Fig. 6; p. 2), wherein said second cover (cover 2) is movable relative to said first cover (inner cover 5) in a second direction (annotated Fig. 2) from the neutral position (Fig. 1) to a second dispensing position (position of Fig. 7; p. 2), the second direction (annotated Fig. 2) being opposite the first direction (annotated Fig. 2), wherein, in the first dispensing position (Fig. 6), the first portion (annotated Fig. 2) of the second cover (cover 2) overlaps the first cover (inner cover 5) and is offset from the first opening (exit hole 6 on left side) to expose said first opening (see Fig. 6), the second portion (annotated Fig. 2) of the second cover (cover 2) is offset from the first cover (inner cover 5) so as to not overlap the first cover (see Fig. 6), and the second opening (exit hole 6 on right side) is covered by the second cover (cover 2, see Fig. 6), and wherein, in the second dispensing position (position of Fig. 7; see also Fig. 2), the second portion (annotated Fig. 2) of the second cover (cover 2) overlaps the first cover (inner cover 5) and is offset from the second opening (annotated Fig. 2) to expose said second opening (annotated Fig. 2), the first portion (annotated Fig. 2) of the second cover (cover 2) is offset from the first cover (inner cover 5) so as to not overlap the first cover (inner cover 5; see Figs. 2, 7), and the first opening (exit hole 6 on left side) is covered by the second cover (see Figs. 2, 7).
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Zhang Annotated Figure 2
Regarding claim 2, Zhang further discloses said first opening (exit hole 6 on left side) is diametrically opposite said second opening (exit hole 6 on right side) about said first cover (see Fig. 4).
Regarding claim 5, Zhang further discloses in said neutral position (Fig. 1), said second cover (cover 2) seals said first opening and said second opening (exit holes 6, see Fig. 1).
Claims 21-27 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2019/173222 to Rud (hereinafter, “Rud”).
Regarding claim 21, Rud discloses a container (container 110, see Figs. 7-9; see also Fig. 16) for holding a comestible (p. 3, ll. 1-4), the container comprising: a container body (tray 112, Figs. 7-9) defining a container cavity (compartments 210, 212, see Fig. 9) having at least a first compartment (forward compartment 210, Fig. 9) and a second compartment (rear compartment 212, Fig. 9) formed therein (see Fig. 9); a guide structure (ribs 142, Fig. 9) extending from said container body (tray 112); and a cover (lid 114, Figs. 7-8) movably coupled to said container body (tray 112) via said guide structure (ribs 142, see p. 19, ll. 17-22), wherein the cover (lid 114) has a neutral position (shown in Fig. 7) in which the cover (lid 114) covers an entirety of an upper side of the container body (tray 112, see Fig. 7), a first portion of the cover (front cover portion 186, Fig. 10) overlaps the first compartment (forward compartment 210, see Figs. 7-8), and a second portion of the cover (rear cover portion 156, Fig. 10) overlaps the second compartment (rear compartment 212, Figs. 7-8), wherein the cover (lid 114) is moveable relative to the container body (p. 20, ll. 5-12) in a first direction (annotated Fig. 8) from the neutral position (Fig. 7) to a first dispensing position (Fig. 8; p. 20, ll. 6-12), wherein said cover (lid 114) is movable relative to the container body (tray 112) in a second direction (annotated Fig. 8) from the neutral position (Fig. 7) to a second dispensing position (p. 20, ll. 6-12), the second direction (annotated Fig. 8) being opposite the first direction (annotated Fig. 8), wherein, in the first dispensing position (see Fig. 8), the first portion (front cover portion 186) of the cover (lid 114) overlaps the container body (tray 112), the second portion (rear cover portion 156) of the cover (lid 114) is offset from the container body (tray 112) so as to not overlap the container body (tray 112, see Fig. 8), and the cover (lid 114) is positioned to allow access to the first compartment (forward compartment 210), and wherein, in the second dispensing position (see p. 20, ll. 6-12), the second portion of the cover (rear cover portion 156) overlaps the container body (tray 112), the first portion of the cover (front cover portion 186) is offset from the container body (see p. 20, ll. 6-12) so as to not overlap the container body (see Fig. 8; p. 20, ll. 5-12), and the cover (lid 114) is positioned to allow access to the second compartment (rear compartment 212, see p. 20, ll. 5-12).
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Rud Annotated Figure 8
Regarding claim 22, Rud further discloses said container body (tray 112) includes a first opening (opening defined at top portion of forward compartment 210) in communication with said first compartment (forward compartment 210) and a second opening (opening defined at top portion of rear compartment 212) in communication with said second compartment (rear compartment 212).
Regarding claim 23, Rud further discloses the cover (lid 114) further comprises a first notch (annotated Fig. 8) and a second notch (annotated Fig. 8), said first notch (annotated Fig. 8) being aligned with said first opening (opening defined at top portion of forward compartment 210) in said first dispensing position (see Fig. 8) and second notch (annotated Fig. 8) being aligned with said second opening (opening defined at top portion of rear compartment 212) in said second dispensing position (see Fig. 8; p. 20, ll. 5-12).
Regarding claim 24, Rud further discloses said container cavity (cavity including forward and rear compartments) further comprises a third compartment (compartment 328c, see Fig. 16) and said container body (tray 112) includes a third opening (opening defined at top portion of compartment 328c) in communication with said third compartment (compartment 328c, see Fig. 16).
Regarding claim 25, Rud further discloses said container body (tray 112) includes at least one sidewall (top side wall, see Fig. 8) and at least one of said first opening (opening defined at top portion of forward compartment 210) and said second opening is formed in said at least one sidewall (opening defined at top portion of rear compartment 212, see Fig. 8).
Regarding claim 26, Rud further discloses said cover (lid 114) includes a first wall (annotated Fig. 8) and a second wall (annotated Fig. 8) arranged at an angle to said first wall (annotated Fig. 8), wherein said second wall (annotated Fig. 8) selectively seals said at least one of said first opening and said second opening formed in said at least one sidewall (see Fig. 8; p. 20, ll. 5-12).
Regarding claim 27, Rud further discloses said guide structure (ribs 142) is located at said at least one sidewall (top side wall, see Fig. 8).
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.
Claims 6 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang as applied to claim 1 above, and in further view of U.S. Pub. 2006/0201945 to Tedford, Jr. (hereinafter, “Tedford”).
Regarding claim 6, Zhang does not expressly disclose at least one of said first cover and said second cover further comprises at least one stopper extending towards the other of said first cover and said second cover, said at least one stopper being configured to restrict unintentional movement of said second cover from said neutral position.
Tedford teaches a similar container for holding a comestible (container 12, Fig. 1), comprising a container body defining a container cavity (opening 18, Fig. 1), a first cover (cover 14, Fig. 1) positionable on said container body (see Fig. 1), and a second cover (closure 16, Fig. 1) engageable with an upper surface of said first cover (see Figs. 1, 3-4). Tedford teaches the second cover (closure 16) is moveable relative to the first cover (cover 14) to expose an opening (spout 30, Figs. 1, 3-4). Tedford teaches the first cover (cover 14) comprises a stopper (bump 44, Fig. 2; para. [0024]) extending towards the second cover (see Fig. 2) and configured to restrict unintentional movement of the second cover from a neutral position (para. [0024]). Tedford further teaches that the stopper lockingly positions the second cover in the desired position (para. [0024]).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have modified the container of Zhang to add a stopper on the first cover extending towards the second cover as taught by Tedford for the purpose of lockingly positioning the second cover in the desired position, as recognized by Tedford (para. [0024]).
Regarding claim 8, Zhang does not expressly disclose said second cover further comprises at least one wall extending from a lower surface, wherein a configuration of said at least one wall is identical to said first opening, said at least one wall being substantially aligned with said first opening when said second cover is in said neutral position.
Tedford teaches a similar container for holding a comestible (container 12, Fig. 1), comprising a container body defining a container cavity (opening 18, Fig. 1), a first cover (cover 14, Fig. 1) positionable on said container body (see Fig. 1), and a second cover (closure 16, Fig. 1) engageable with an upper surface of said first cover (see Figs. 1, 3-4). Tedford teaches the second cover (closure 16) is moveable relative to the first cover (cover 14) to expose an opening (spout 30, Figs. 1, 3-4). Tedford teaches the second cover (closure 16) further comprises at least one wall (wall defining plug 60, Figs. 5-7) extending from a lower surface (see Figs. 6-7) having a configuration identical to the first opening (spout 30; para. [0027]). Tedford teaches that the wall (wall defining plug 60) is substantially aligned with the first opening (spout 30) when the second cover is in the neutral position (see Figs. 4, 9; para. [0027]). Tedford further teaches that the wall seals the opening (paras. [0026]-[0027]).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have modified the container of Zhang to add a wall extending from a lower surface to the second cover that has a configuration matching the first opening as taught by Tedford for the purpose of sealing the first opening when the second cover is in the neutral position, as recognized by Tedford (see paras. [0026]-[0027]).
Claims 10, 11, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang as applied to claim 1 above, and in further view of Rud.
Regarding claim 10, Zhang does not expressly disclose a divider arranged within said container cavity to form a first compartment and a second compartment, said first opening being coupled to said first compartment and said second opening being coupled to said second compartment.
Rud teaches a similar container (container 310, Fig. 16) having a container body (tray 312, Fig. 16) defining a container cavity (see Fig. 16), aner a cover (lid 314, Fig. 16) that covers an entirety of the upper portion and is slidable between a neutral position, a first dispensing position, and a second dispensing position (see Figs. 16-17; p. 20, ll. 5-12). Rud teaches a divider (divider between compartments 328a, 328b, see Fig. 16) arranged within the container to form a first compartment and a second compartment (compartments 328a, 328b). The slidable cover (lid 314) is slidable relative along a path of movement oriented perpendicular to the divider (see Fig. 16). Rud further teaches that the container cavity further comprises a third compartment comprising a third opening in communication with the third compartment (compartment 328c). Rud teaches that the multiple compartments are used for holding products (p. 5, ll. 12-14). Rud teaches that this container arrangement is portable, reclosable, and provides easy access to the contents (p. 2, ll. 3-5).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the container of Zhang to add a divider within the container to form a first compartment and a second compartment, and further provide a third compartment as taught by Rud for the purpose of providing multiple separate compartments to hold different products, as recognized by Rud (see e.g., p. 5, ll. 12-14). The container of Zhang as modified to have the divider of Rud would have the first opening coupled to the first compartment and the second opening coupled to the second compartment.
Regarding claim 11, Zhang as modified by Rud already includes said second cover (Zhang, cover 2) is slidable relative to said first cover (Zhang, inner cover 5) along a path of movement oriented perpendicular to said divider (Rud, divider between compartments 328a, 328b, see Fig. 16).
Regarding claim 13, Zhang as modified by Rud already includes said container cavity further comprises a third compartment (Rud, compartment 328c) and said container body (Zhang, box body 1; Rud, tray 312) further comprises a third opening (Rud, opening defined by top portion of compartment 328c) in communication with said third compartment (Rud, compartment 328c).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Rud as applied to claim 10 above, and in further view of U.S. Pat. 4,380,307 to Stillinger (hereinafter, “Stillinger”).
Regarding claim 12, Zhang as modified by Rud does not expressly disclose at least one of said first cover and said second cover further comprises an indicator representative of a parameter of the comestible receivable within said first compartment.
Stillinger teaches a similar container for holding a comestible (Fig. 1) and having a container body defining a container cavity (dispenser body 9, Fig. 1), a first cover (cover disc 6, Fig. 1), and a second cover (cap 1, Fig. 1). Stillinger teaches the second cover is movable between a first dispensing position and a second dispensing position (col. 2, ll. 1-20). Stillinger teaches at least one of the first and second covers comprises an indicator (col. 7, ll. 1-15) representative of a parameter of the comestible received with the first compartment (col. 7, ll. 1-15). Stillinger teaches that the indicator may include labels for each compartment so that the contents of the container can be visually identified by the user (col. 7, ll. 1-15). Stillinger further teaches that such indicators are known in the art (col. 7, ll. 1-15).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the container of Zhang/Rud to provide an indicator representative of a parameter of a comestible in the first compartment as taught by Stillinger for the purpose of permitting a user to visually identify the contents of the container, as recognized by Stillinger (col. 7, ll. 1-15).
Claim 14, 15, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang as applied to claim 1 above, and in further view of U.S. Pub. 2013/0037545 to Valley, III et al. (hereinafter, “Valley”).
Regarding claim 14, Zhang does not expressly disclose a guide structure disposed on an upper surface of said first cover, said second cover being engageable with said guide structure.
Valley teaches a similar container (container 100, Fig. 5) comprising a container body (bottom 104, Fig. 5) defining a container cavity (see Fig. 5). Valley teaches a first cover (insert 108, Fig. 5) positionable on the container body (bottom 104) and having an opening (opening 152, Fig. 5) in communication with the container cavity (see Fig. 5). Valley teaches a second cover (lid 102 having insert 106, see Fig. 5; para. [0025]) engageable with an upper surface of the first cover (insert 108). Valley teaches a guide structure disposed on an upper surface of the first cover (channels 144 and lugs 146, Fig. 5), and the second cover (lid 102 having insert 106) being slidably engageable with the guide structure (para. [0030]; see also Figs. 1-2). Valley teaches the guide structure (channels 144 and lugs 146) defines at least one end position (position in Fig. 2) along a path of movement of the second cover (lid 102 having insert 106) relative to the first cover (insert 108). Valley further teaches that this guide structure arrangement provides a structure that is easily formed and aesthetically pleasing (para. [0025]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the container of Zhang to form a guide structure on an upper surface of the first cover as taught by Valley for the purpose of providing an easily formed and aesthetically pleasing container, as recognized by Valley (see para. [0025]), and because it is no more than a simple substitution of one sliding guide structure for another that is known in the art for the intended use of opening a container via sliding and would only produce predictable results (MPEP 2143(I)(B)).
Regarding claim 15, Zhang as modified by Valley already includes said guide structure (Valley, channels 144 and lugs 146) defines at least one end position (Valley, position shown in Fig. 2) along a path of movement of said second cover relative to said first cover (Valley, see Figs. 2, 5).
Regarding claim 18, Zhang as modified by Valley already includes said second cover (Zhang, cover 2; Valley, lid 102 with insert 106) is slidably engageable with said guide structure (Valley, channels 144 and lugs 146).
Claims 28 and 29 are rejected under 35 U.S.C. 103 as being unpatentable over Rud as applied to claims 21 and 25 above, and in further view of Zhang.
Regarding claim 28, Rud does not expressly disclose said guide structure is located at a different surface of said container body than said at least one sidewall.
Zhang teaches a similar container (Figs. 1-9) comprising a container body (box body 1, Figs. 1-2) defining a container cavity (p. 2), and a cover (cover 2, Fig. 2) movably coupled to the container body (box body 1). Zhang teaches the cover (cover 2) has a neutral position (position in Fig. 1), a first dispensing position (position in Fig. 6), and a second dispensing position (position in Fig. 7). Zhang teaches that the container body (box body 1) includes at least one sidewall (top side wall, see Fig. 2) including an opening (see Fig. 3) Zhang teaches a guide structure (convex edge 3, Figs. 2-3) that is located on a different surface of the container body than the top side wall (see Fig. 3).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the container of Rud to form the guide structure on a different surface of the container body than the top side wall as taught by Zhang because it has been held that rearranging parts of an invention involves only routine skill in the art (MPEP 2144.04(VI)(C), citing In re Japikse, 86 USPQ 70). In the instant application, Applicant has not disclosed any criticality for the claimed arrangement (see e.g., Specification at paras. [0062]-[0063]).
Regarding claim 29, Rud does not expressly disclose an inner cover positionable on said container body, said inner cover including a first opening in communication with said first compartment and a second opening in communication with said second compartment.
Zhang teaches a similar container (Figs. 1-9) comprising a container body (box body 1, Figs. 1-2) defining a container cavity (p. 2), and a cover (cover 2, Fig. 2) movably coupled to the container body (box body 1). Zhang teaches the cover (cover 2) has a neutral position (position in Fig. 1), a first dispensing position (position in Fig. 6), and a second dispensing position (position in Fig. 7). Zhang teaches an inner cover (inner cover 5, Fig. 2) positionable on the container body (box body 1). Zhang teaches the inner cover (inner cover 5) includes a first opening (exit hole 6 on left side, see Figs. 1, 8) and a second opening (exit hole 6 on right side, see Figs. 1, 8). Zhang further teaches that this arrangement prevents contents of the package from falling out, while still being easy to open (p. 1).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the container of Rud to add an inner cover having first and second openings as taught by Zhang for the purpose of preventing contents of the container from falling out, while still being easy to open, as recognized by Zhang (see p. 1). The container of Rud as modified to have the inner cover of Zhang would have the first opening in communication with the first compartment and the second opening in communication with the second compartment.
Claim 30 is rejected under 35 U.S.C. 103 as being unpatentable over Rud in view of Zhang as applied to claim 29 above, and in further view of Valley.
Regarding claim 30, Rud as modified by Zhang does not expressly disclose a portion of said guide structure is arranged at said inner cover.
Valley teaches a similar container (container 100, Fig. 5) comprising a container body (bottom 104, Fig. 5) defining a container cavity (see Fig. 5), and a cover (lid 102, Figs. 2, 5) movably coupled to the container body (bottom 104). Valley teaches that the cover (lid 102) is slidable relative to the container body (para. [0024]; Fig. 2). Valley teaches the container includes an inner cover (insert 108, Fig. 5) positionable on the container body (bottom 104, see Fig. 5), and an opening (opening 152, Fig. 5) in the inner cover in communication with a compartment of the container body (para. [0032]). Valley teaches a guide structure (channels 144 and lugs 146, Fig. 5) extending from said container body (see Fig. 5) and the cover is movably coupled via the guide structure (para. [0030]). Valley teaches a portion of the guide structure (lugs 146) is arranged at the inner cover (insert 108). Valley further teaches that this guide structure arrangement provides a structure that is easily formed and aesthetically pleasing (para. [0025]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the container of Rud/Zhang to form a portion of the guide structure at the inner cover as taught by Valley for the purpose of providing an easily formed and aesthetically pleasing container, as recognized by Valley (see para. [0025]), and because it is no more than a simple substitution of one sliding guide structure for another that is known in the art for the intended use of opening a container via sliding and would only produce predictable results (MPEP 2143(I)(B)).
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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/LAURA E. PARKER/Examiner, Art Unit 3733