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 .
Applicants are respectfully reminded that they and other individuals, as set forth in 37 CFR 1.56, have a duty to bring to the attention of the Office any material prior art or other information cited or brought to their attention in any related foreign application. See MPEP 2001.06(a).
The individuals covered by 37 CFR 1.56 have a duty to bring to the attention of the examiner, or other Office official involved with the examination of a particular application, information within their knowledge as to other copending United States applications which are “material to patentability” of the application in question. The individuals covered by 37 CFR 1.56 cannot assume that the examiner of a particular application is necessarily aware of other applications which are “material to patentability” of the application in question, but must instead bring such other applications to the attention of the examiner. See Dayco Prod., Inc. v. Total Containment, Inc., 329 F.3d 1358, 1365-69, 66 USPQ2d 1801, 1806-08 (Fed. Cir. 2003). For example, if a particular inventor has different applications pending in which similar subject matter but patentably indistinct claims are present that fact must be disclosed to the examiner of each of the involved applications. Similarly, the prior art references from one application must be made of record in another subsequent application if such prior art references are “material to patentability” of the subsequent application. See Dayco Prod., 329 F.3d at 1369, 66 USPQ2d at 1808. See MPEP 2001.06(b).
Election/Restrictions
Claims 12, 16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species/invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 03/06/2026. Applicant's election with traverse of species A, figures 1-5, 12-14, claims 1-11, 13-15, 17-20 in the reply filed on the above date is acknowledged. The traversal is on the ground(s) that search burden is not present. This is not found persuasive because, as stated in the restriction requirement, applicant must submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case, which the applicant has not provided. The requirement is still deemed proper and is therefore made FINAL.
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) 1-11, 13-15, 17-20 is/are rejected under 35 U.S.C. 102(a1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Reinhart (US 20170107015 A1).
Reinhart discloses:
1. (Original) A lid (figs 1-8) for a patio box (capable of performing the above intended use), comprising: a top panel circumscribed by a skirt (Adjacent 30 and adjacent 20); a plurality of channels formed in the top panel (adjacent 32); and a plurality of standoffs depending from an underside of the top panel adjacent to the skirt (elements in fig 2 for example adjacent 56, 64, 60)
2. (Original) The lid of Claim 1, wherein each of the standoffs includes planar contact surfaces arranged in a stair-step fashion (surfaces line in a plane and are on multiple levels, as for example shon in fig 8).
3. (Original) The lid of Claim 2, wherein the planar contact surfaces include an upper contact surface, a middle contact surface, and a lower contact surface (such as a portion located on a high, central and bottom side of the element).
4. (Original) The lid of Claim 1, wherein each of the standoffs includes a support rib to enhance rigidity (portion of element such as angled element adjacent “64” in fig 8 and/or to the side of the above that is also angled).
5. (Original) The lid of Claim 1, further comprising a plurality of ridges on the underside of the top panel corresponding to the plurality of channels formed in the top panel (adjacent32 on the internal side).
6. (Original) The lid of Claim 1, wherein the top panel is positioned lower than the skirt, forming a recessed surface (as shown in fig 1 with recessed area).
7-8. (Currently Amended) The lid of Claim 1, further comprising a water drainage channel formed in the skirt, the water drainage channel in fluid communication with the top panel; wherein the water drainage channel is disposed at a corner of the skirt. Official Notice is taken, that it is old and conventional to provide a water drainage channel formed in the skirt, the water drainage channel in fluid communication with the top panel; wherein the water drainage channel is disposed at a corner of the skirt. 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 water drainage channel formed in the skirt, the water drainage channel in fluid communication with the top panel; wherein the water drainage channel is disposed at a corner of the skirt in order to protect to contents of the device by allowing the escape of unintentional liquids.
9. (Original) The lid of Claim 1, further comprising a boss formed on the underside of the lid, the boss defined by an outer wall of the skirt and a ridge that circumscribes the top panel (element between outer wall and ridge, such as shown in fig 8 with area to the side of standoffs).
10. (Original) The lid of Claim 1, wherein each of the standoffs extends laterally from a ridge that circumscribes the top panel, across a width of a boss, to an outer wall of the skirt (As shown in fig 8).
11. (Original) The lid of Claim 1, wherein the plurality of channels includes a channel that generally circumscribes the top panel adjacent to the skirt (the path of the outermost channels that connect generally circumscribe the panel).
13. (Original) The lid of Claim 1, wherein the plurality of channels includes parallel channels (channels as in fig 1 that are parallel to one another, such as from one side to the opposite side).
14. (Original) A patio box assembly (figs 1-8, abstract), comprising: a box body having a base and a plurality of walls extending from the base, the walls terminating in a lip (container in abstract of which provides base and walls with a perimeter surface to connect to lid) ; and a lid (figs 1-8) disposed on the box body and including: a top panel circumscribed by a skirt (Adjacent 30 and adjacent 20), the skirt selectively engages the lip of the box body (lid attaches to the container at perimeter); a plurality of channels formed in the top panel (adjacent 32); and a plurality of standoffs depending from an underside of the top panel adjacent to the skirt (elements in fig 2 for example adjacent 56, 64, 60).
15. (Original) The patio box assembly of Claim 14, wherein the skirt includes at least one tab configured to provide a snap fit with a flange of the box body (such as adjacent 44, 46, 48 capable of performing the above intended use).
17. (Original) The patio box assembly of Claim 14, wherein the standoffs are configured to interact with an interior of the box body when the lid is closed (capable of performing the above intended use).
18. (Original) A stackable lid assembly (figs 1-8) for outdoor patio boxes (capable of performing the above intended use), comprising: a first lid (as in figs 1-8, and also fig 7 on top) comprising: a first top panel circumscribed by a first skirt (element already provided in claim 1); a first plurality of channels formed in the first top panel (element already provided in claim 1); and a first plurality of standoffs depending from an underside of the first top panel adjacent to the first skirt (adjacent 32); and a second lid (other lid in fig 7 of which is the same) comprising: a second top panel circumscribed by a second skirt (element already provided in claim 1);a second plurality of channels formed in the second top panel (element already provided in claim 1); and a second plurality of standoffs depending from an underside of the second top panel adjacent to the second skirt (adjacent 32); wherein the first plurality of standoffs are configured to engage with the second plurality of channels when the first lid is stacked on the second lid (capable of performing the above intended use, as in fig 7).
19. (Original) The stackable lid assembly of Claim 18, wherein the first plurality of standoffs is configured to align with the second plurality of standoffs when the first lid is stacked on the second lid, forming a supporting column through a thickness of the stacked lids (capable of performing the above intended use, as in fig 7)..
20. (Original) The stackable lid assembly of Claim 18, wherein the first plurality of standoffs is configured to limit a depth of the first lid received by the second lid when stacked (capable of performing the above intended use, as in fig 7).
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Stashick can be reached at (571)272-4561. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ANDREW D PERREAULT/Primary Examiner, Art Unit 3735
Prosecution Insights