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 .
This Office Action acknowledges the applicant’s amendment filed on 6/10/2026. Claims 1-21 and 23 are pending in the application. Claim 22 is cancelled.
The text of those sections of Title 35, U.S. code not included in this action can be found in a prior Office Action.
Claim Rejections - 35 USC § 103
Claim(s) 1-8, 10-16 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over HOREN CORTP CO., LTD. WO 2022/002101 A1 (JIAN et al. US 2023/0278782 A1), in view of Vandecasteele US 2019/0009947 A1, all previously cited on Applicants IDS.
With regards to claim 1, HOREN CORTP CO., LTD. discloses a container system comprising a detachable lid 40 for a container and a container side wall, wherein the detachable lid comprises at least one lid attachment 70 projecting generally perpendicularly from a lid underside, and wherein the container side wall comprises at least one corresponding lid receiver for receiving said lid attachment, depending on the container to be use, the at least one lid attachment and some corresponding lid receiver being configured such that the lid can be rested on the container side wall by accommodating said at least one lid attachment within said at least one corresponding lid receiver, depending on the container to be use.
HOREN CORTP CO., LTD discloses a lid 40 and the at least one lid attachment 70 of HOREN CORTP CO., LTD. is capable of and corresponding with a lid receiver of a container and a container side wall but it does not specifically disclose the lid rested on the container side wall by accommodating the at least one corresponding lid receiver in a generally perpendicular configuration, with all of the lid underside facing a portion of an outer face of said container side wall.
However, Vandecasteele teaches it was known in the art to have a container system comprising a detachable lid 16 comprises at least one lid attachment 24 for a container and a container side wall having the lid rested on the container side wall by accommodating the at least one corresponding lid receiver (at 26) in a generally perpendicular configuration, with all of the lid underside facing a portion of an outer face of said container side wall (para. 0067 and shown in Fig. 6).
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 lid and at least one lid attachment in HOREN CORTP CO., LTD by having the lid rest on the container side wall by accommodating the at least one corresponding lid receiver in a generally perpendicular configuration, with all of the lid underside facing a portion of an outer face of said container side wall as taught by Vandecasteele for the purposes of allowing the container to be loaded from all sides, when it is in the open position.
With regards to claim 2, HOREN CORTP CO., LTD. discloses said at least one lid attachment 70 is generally T-shaped, with a stem 722 extending generally perpendicularly from said lid underside, and a head 712 extending generally transversally with respect to said stem. (Fig. 4b and 5B)
With regards to claim 3, HOREN CORTP CO., LTD. discloses the lid 40 comprises a skirt 42AB that surrounds at least partially said lid underside, and wherein said stem 722 extends adjacent to said skirt42AB. (Fig. 5A)
With regards to claim 4, HOREN CORTP CO., LTD. discloses said stem 722 extends in a first direction which is parallel to a depth-wise extension of said skirt; optionally, wherein said stem 722 extends in a second direction which is perpendicular to a peripheral extension of said skirt 42A. (Fig. 5A)
With regards to claim 5, HOREN CORTP CO., LTD. discloses said head 712 also extends adjacent to said skirt, but alongside said skirt 42A. (Fig. 5A)
With regards to claim 6, HOREN CORTP CO., LTD. discloses the said head 712 extends in a second direction which is perpendicular to said skirt 42A.
With regards to claim 7, HOREN CORTP CO., LTD. discloses the lid attachment 70 is shaped so as to define a first T-shaped portion and a second T-shaped portion, wherein the first and second T-shaped portions together form said generally T-shaped lid attachment, with the first T-shaped portion being disposed outwardly of the second T-shaped portion, and having a footprint that is larger than a corresponding footprint of the second T-shaped portion. (Fig. 4A)
With regards to claim 8, HOREN CORTP CO., LTD. discloses the lid attachment 70 comprises at least one hooked end for retaining the lid attachment within the lid receiver.
With regards to claim 10, HOREN CORTP CO., LTD. is capable of having a lid receiver (such as 60/63) is formed as a recess; and optionally, wherein said recess is formed on an upper edge of said container side wall. (Fig. 2B)
With regards to claim 11, HOREN CORTP CO., LTD. is capable of having a recess comprises first (such as 63) and second (such as 60) recessed portions disposed contiguously with respect to each other, wherein the first recessed portion has a width that is less than a corresponding width of the second recessed portion, said widths being measured in a direction alongside and parallel to said edge of the container side wall. (Fig. 2B)
With regards to claim 12, HOREN CORTP CO., LTD. is capable of having a first (such as 63) and second (such as 60) recessed portions have the same depths measured in a direction perpendicular to said edge of the container and extending on a same notional plane as said container side wall.
With regards to claim 13, HOREN CORTP CO., LTD. is capable of having the receiver (such as 60/63) comprise a retractable receptacle configured to be deployed and stowed away within said container side wall; optionally, wherein said retractable receptacle is pivotally deployable and stowable; alternatively, wherein said retractable receptacle is slidably deployable and stowable.
With regards to claim 14, HOREN CORTP CO., LTD. discloses the container lid 40 is generally rectangular, and comprises at least two, opposed such lid attachments 70. (Fig. 5A)
With regards to claim 15, HOREN CORTP CO., LTD. discloses the at least one lid attachment 70 is positioned on the lid underside such that, when the lid 40 is positioned on some container to cover an enclosed space defined by the container, said at least one lid attachment is received within said corresponding receiver (such as 60) so as to reduce or prevent contamination of said enclosed space of the container.
With regards to claim 16, HOREN CORTP CO., LTD. discloses a container 100 comprising the container system according to claim 1.
With regards to claim 20, HOREN CORTP CO., LTD. discloses the container lid 40 is adapted to conform with interference to an erected container body 100, or to a container base adapted to receive a collapsed container body, such that the lid is retained firmly, yet removably, on said container body or base.
Claim Rejections - 35 USC § 103
Claim(s) 17-19 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over HOREN CORTP CO., LTD. WO 2022/002101 A1 (JIAN et al. US 2023/0278782 A1), in view of Vandecasteele US 2019/0009947 A1 and further in view of Vandecasteele EP 2,868,592 A1, all previously cited on Applicants IDS.
With regards to claim 17, it appears HOREN CORTP CO., LTD. discloses the container 100 is generally in the shape of a cuboid comprising two opposite short side walls and two opposite long side walls, and a base, wherein said side walls may each comprise a container side panel, each of which may be foldable over said base (Para. 0054; recites the sides of the container maybe folded with respect to the base) and may be erected back from said folded configuration.
However, if it is found to not be so, Vandecasteele, teaches that it was known in the art to have a container system that has a container generally in the shape of a cuboid comprising two opposite short side walls and two opposite long side walls (20; rectangular shape), and a base 10, wherein said side walls may each comprise a container side panel, each of which may be foldable over said base, and may be erected back from said folded configuration (Para. 0032). (Fig. 1 and 7)
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 system in HOREN CORTP CO., LTD. by providing shape of a cuboid and each side wall foldable over the base and erected back from a folded configuration as taught by Vandecasteele for the purposes of transporting empty pallet boxes.
With regards to claim 18, Vandecasteele further teaches the base comprises a pallet base. (Para. 0028)
With regards to claim 19, Vandecasteele further teaches the container is made of a substantially rigid plastic material. (Para. 0028)
With regards to claim 21, Vandecasteele discloses a container assembly comprising a container base 10 and a collapsed container body 20 disposed on said container base, said container assembly comprising the container system of claim 15.
It is noted that the claims as presented are directed to a product and method of forming the product. As currently presented, the method is the mere assembly of the product and its examination in conjunction with the product does not represent a serious burden at this time; therefore, no restriction is required. However, if subsequent amendments to the claims result in diverging subject matter and searches between the claimed inventions, the examiner reserves the right to restrict at that time.
Claim(s) 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over HOREN CORTP CO., LTD. WO 2022/002101 A1 (JIAN et al. US 2023/0278782 A1) in view of Vandecasteele US 2019/0009947 A1, all previously cited on Applicants IDS.
With regards to claim 23, HOREN CORTP CO., LTD. discloses a method of resting a detachable lid 40 for a container 100 on a container side wall, wherein the detachable lid comprises at least one lid attachment 70 projecting generally perpendicular from a lid underside, and wherein the container side wall comprises at least one corresponding lid receiver 60/63 for receiving said lid attachment, the method comprising: accommodating said at least one lid attachment within said at least one corresponding lid receiver 60/63.
HOREN CORTP CO., LTD does not specifically disclose all of the lid underside facing a portion of an outer face of said container side wall.
However, Vandecasteele teaches it was known in the art to have a method of having a detachable lid 16 comprises at least one lid attachment 24 and a container 14 and a container side wall 18 having all of the lid underside facing a portion of an outer face of said container side wall (para. 0067 and shown in Fig. 6).
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 lid and at least one lid attachment in HOREN CORTP CO., LTD by having all of the lid underside facing a portion of an outer face of said container side wall as taught by Vandecasteele for the purposes of allowing the container to be loaded from all sides, when it is in the open position.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-8, 10-21 and 23 have been considered but are moot because of a new ground. However, with regards to the Applicant’s argument that HOREN CORTP CO., LTD does not disclose the amended limitation “all of the lid underside facing a portion of an outer face of said container side wall” when the lid is attached to the container generally perpendicularly with the lid attachment with the lid receiver, Vandecasteele US 2019/0009947, has been cited to teach that it was known in the art to have a detachable lid attached to a container wall with the lid attachment at the lid receiver and have all of the lid underside facing a portion of an outer face of said container side wall.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENINE SPICER whose telephone number is (313)446-4924. The examiner can normally be reached 9:00am-5:00pm, Monday-Thursday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E. Avilés can be reached at (571) 270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JENINE SPICER/Examiner, Art Unit 3736
/RAFAEL A ORTIZ/Primary Examiner, Art Unit 3736
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