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 .
Election/Restrictions
Applicant's election with traverse of Species I: claims 1-14 in the reply filed on 19 December 2025 is acknowledged. The traversal is on the ground(s) that the claims relate to stacking of boxes. This is not found persuasive because claims 1-14 do not relate to stacking as the nested pair of boxes is clearly claimed in only claim 14 with claims 1-13 clearly claiming only one patio box. Stacking is different than nesting and is the basis for distinctness.
The requirement is still deemed proper and is therefore made FINAL.
Claim Objections
Claim 1 is objected to because of the following informalities: Claim 1, line 8 states "a foot formed on an exterior surface the base.” The word “of” should be inserted after “surface.” Appropriate correction is required.
Claim Rejections - 35 USC § 112
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.
Claim 6 is 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 6 states in line 1 that “the foot is comprised by a plurality of feet.” This is clearly erroneous as “a foot” is singular and feet are plural. Applicant may state “the foot is one of a plurality of feet, the box body further including the plurality of feet, …”
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) 1-4, 6-9, 12 and 14 is/are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Stanek et al. (US 10065765) (Stanek).
Stanek discloses a patio box, comprising: a box body including: a front wall 116, a pair of side walls 112, 114, a rear wall 118, and a base (bottom portion 110), wherein the front wall, the pair of side walls, and the rear wall are disposed around edges of the base, a foot (the exterior surfaces of opposing side of upper surfaces 124 form downwardly extending feet because elevated sections 125 are raised) formed on an exterior surface the base, and a spacer (nesting limiter 134 with support surface 136) formed on an inner surface of the base opposite of the foot.
Re claim 2, the box body further includes a lip (horizontal portion of L-shaped rim 111, see Fig. 2, 3, 7, 8) formed by a free edge of the front wall, the pair of side walls, and the rear wall.
Re claim 3, the lip (horizontal portion of 111 is circumscribed by a flange (vertical portion of rim 111 or upwardly extending section 148).
Re claim 4, further comprising supports (stays 156, see Fig. 2, 3, 7, 8) formed between the flange and an exterior surface of the front wall, the pair of side walls, and the rear wall.
Re claim 6, the foot is one of a plurality of feet and each foot (considering the two foundation portions 122 adjacent the front and rear walls) are formed at a corner of the exterior surface of the base.
Re claim 7, the box body includes tapered walls disposed between the base and each of the front wall, the pair of side walls, and the rear wall. Each of the front wall, the pair of side walls, and the rear wall of Stanek are tapered as are the front wall, the pair of side walls, and the rear wall of the invention, the tapered walls 134 of the invention are each located at the bottom edge of the front wall, the pair of side walls, and the rear wall of the invention. Each of the front wall, the pair of side walls, and the rear wall of Stanek may be sectioned by a horizontal line anywhere above the bottom edge of each respective wall to form an upper section and a bottom section for each of the front wall, the pair of side walls, and the rear wall. The bottom sections effectively forming respective tapered walls disposed between the base and each of the front wall, the pair of side walls, and the rear wall (the upper section of each of these walls).
Re claim 8, the box body narrows along a height of the box body from a lip to the base as shown by the tapering profile when viewing Fig. 6, 7 and 8 wider at top where lip is located and narrower at bottom where base is located.
Re claim 9, further comprising corner walls (triangular or trapezoidal wall at approximately 45 degrees to front and side wall and rear and side wall, see annotated Fig. 2) formed between the front wall and each of the side walls and formed between the rear wall and each of the side walls.
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Re claim 12, further comprising a lid (grate 104) configured to selectively cover an open end of the box body.
Re claim 14, a stack (nested pair) of patio boxes (see Fig. 7 and 8), comprising: a pair of patio boxes, each patio box including a patio box according to Claim 1; wherein the foot of one patio box of the pair of patio boxes rests on the spacer of the other patio box of the pair of patio boxes.
Claim(s) 1-3, 6, 9-10 and 12-14 is/are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Evans (US 5445397).
Evans discloses a patio box, comprising: a box body including: a front wall 6, a pair of side walls 2, 3, a rear wall 4, and a base 5, wherein the front wall, the pair of side walls, and the rear wall are disposed around edges of the base, a foot (one of the feet 13) formed on an exterior surface the base, and a spacer (interior pillars on which sockets 12 are positioned on the top wall thereof) formed on an inner surface of the base opposite of the foot.
Re claim 2, the box body further includes a lip (outwardly extending, horizontal or inclined portion of continuous flange 8) formed by a free edge of the front wall, the pair of side walls, and the rear wall.
Re claim 3, the lip is circumscribed by a flange (downwardly extending, vertical portion of flange 8).
Re claim 6, the foot is one of a plurality of feet and each foot formed at a corner of the exterior surface of the base.
Re claim 9, further comprising corner walls (curved corner walls as is clearly shown where curved corner walls meet continuous flange 8, see annotated Fig. 1) formed between the front wall and each of the side walls and formed between the rear wall and each of the side walls.
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Re claim 10, the corner walls are arcuate (see Fig. 1).
Re claim 12, comprising a lid (lid 14 or front portion 15 of lid 14) configured to selectively cover an open end of the box body.
Re claim 13, further comprising a hinge (16) connecting the lid to the box body.
Re claim 14, a stack (nested pair) of patio boxes (see Fig. 3), comprising: a pair of patio boxes, each patio box including a patio box according to Claim 1; wherein the foot 13 of one patio box of the pair of patio boxes rests on the spacer (insofar as the foot is within an internal groove in the box interior adjacent to the spacer in a manner wherein the foot is aligned with a bottom profile of the spacer) of the other patio box of the pair of patio boxes. In this relationship the foot can be resting on the sidewall of the spacer.
Re claim 14, a stack (stacked pair) of patio boxes (see Fig. 7), comprising: a pair of patio boxes, each patio box including a patio box according to Claim 1; wherein the foot 13 of one patio box of the pair of patio boxes rests on the spacer (within the socket 12 on the top wall of the spacer) of the other patio box of the pair of patio boxes.
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) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Evans in view of Whitta et al. (US 2022/0089324) (Whitta).
Evans fails to properly disclose handles, Whitta teaches handles 122, 124 on front and rear walls of a patio box formed between the lip and an exterior surface of the front and rear walls. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to add handles to provide comfort and reliable grip on a patio box for carrying and lifting.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Evans in view of Padgett et al. (US 12085374) (Padgett).
Evans fails to disclose bosses. Padgett teaches bosses (interlocking elements 220 and protrusions 222) disposed on the exterior surface of the base of the box. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to add bosses to the exterior surface of the base of the box to provide interlocking surfaces for stable stacking and to prevent inadvertent toppling or misaligned stacking of boxes.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHEN J CASTELLANO whose telephone number is (571)272-4535. The examiner can normally be reached Monday - Friday.
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sjc/STEPHEN J CASTELLANO/ Primary Examiner, Art Unit 3733