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 of Species 1 in the reply filed on 17 November 2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 16-29 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 17 November 2025.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "152" and "153" have both been used to designate pocket.
The drawings are objected to because reference character 118 of figure 1 is not directed to a depression or recess as disclosed.
The drawings are objected to as failing to comply with 37 C.F.R. 1.84(q) because reference character 146 in figure 5 does not have an associated lead line or indicate the surface or cross section on which it is placed. Lead lines are required for each reference character except for those which indicate the surface or cross section on which they are placed. Such a reference character must be underlined to make it clear that a lead line has not been left out by mistake. MPEP 608.02 V.
The drawings are objected to because reference character 210 is directed to a body which includes a soft shell material in figure 7 and a body which does not include a soft shell material in figures 8-10.
The drawings are objected to because reference character 200 does not depict the insulated container in figures 8-10 as the lid and soft shell material of the insulated container are not present in figures 8-10.
The drawings are objected to because the bracket associated with reference character 212 covers additional structures such as at least pins 252, buckles 249, buckle portions 246, hooks 242, arms 244, and exterior side 245 which are not part of the lid 212.
The drawings are objected to because the lead line associated with reference character 346 of figure 12 is not directed to the buckle portion as disclosed.
The drawings are objected to because the lead line associated with reference character 349 of figure 12 is not directed to the buckle portion as disclosed.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 148. Corrected drawing sheets in compliance with 37 CFR 1.121(d) 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.
Specification
The specification is objected to because of the following informalities: acronyms exist without being defined at their first instance. Appropriate correction is required. See at least PVC and EVA.
The disclosure is objected to because reference characters "152" and "153" have all been used to designate pockets.
The disclosure is objected to because it is replete of instances of a single reference character being used to designate multiple structures. For example, reference character “120” has been used to designate upper end of the insulated container, upper open end, upper end of the exterior pliable material, upper end of the rigid inner liner. Further, reference character “150” has been used to designate softside exterior material, exterior material, softside pliable material, exterior softside material, pliable softside material, skirt, material, pliable material, exterior pliable material, and softside material. See at least 132, 172, 147, 148, 137, 149, 180, 215, 230, 238, 268, 340, 250, and 249.
The disclosure is objected to because reference characters "132" and "172" have all been used to designate wall of the rigid inner liner.
The disclosure is objected to because reference characters "340" and "344" have all been used to designate strap.
The disclosure is objected to because reference characters "250" and "268" have all been used to skirt.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: one or more locating features in claim 3, handle connector in claim 6, a pivot connector in claims 13-15.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
The one or more locating features which is equivalent to one or more features for locating is/are interpreted under 35 U.S.C. 112(f) as a male protrusion, a notch, and equivalents thereof.
The handle connector for engaging said collar and said ear is/are interpreted under 35 U.S.C. 112(f) as a snap rivet, a cylindrical protrusion, and equivalents thereof.
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.
Claims 1-15 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 is led to be indefinite as it is unclear if “an upper end” of the sidewall is a newly recited structure or refers back to “a second end” of the sidewall. In light of the original disclosure and for the purposes of considering prior art, the claim has been interpreted as the latter.
The limitation of claim 1 of “to retain said skirt assembly in position over said insulated container” is led to be indefinite. From the preamble the invention is an insulated container. It is unclear if the skirt assembly is part of the insulated container, as indicated by the preamble and line 10, or if the skirt assembly is retained over the insulated container. As it does not appear possible for the skirt assembly to be retained over the insulated container if it makes up part of the insulated container, the claim will be interpreted as if it read “to retain said skirt assembly in position over said rigid inner liner”.
Claim 12 is led to be indefinite as it is unclear if “the upper open end” of the rigid inner liner of line 8 is a newly recited structure or refers back to “said upper open end of said sidewall”. In light of the original disclosure and in order to apply art the claim will be interpreted as the latter. Examiner suggests amending line 8 to “the upper open end of said sidewall”.;
Claim Rejections - 35 USC § 103
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Weikinger (EP 1878667) further in view of Maldonado (US 20050279123).
Claim 12: Weikinger discloses an insulated container, comprising: a body having: a container body 1 (rigid inner liner) formed of a peripheral wall 5 (sidewall) with an upper open end [see fig. 2] and a lower end [as the container body is pot-like it must have a bottom] connected to the peripheral wall 5 (sidewall); an annular wall 6 (collar) disposed at said upper open end of said peripheral wall 5 (sidewall); a lid 2 positioned at the upper open end of the container body 1 (rigid inner liner); a support bracket 9 (handle) having L-shaped ends [see shape of discs 12 and gripping tabs 22] which connect said support bracket 9 (handle) and said body; said support bracket 9 (handle) being pivotable from a first position [when support bracket 9 (handle) is pivoted clockwise until latch parts 14 do not block detent projections 15] which the lid 2 is removable, to second and third positions wherein one of the second or third positions is for carrying and locks the lid 2 [see fig. 1], and the other of the second or third positions locks the lid 2 [when support bracket 9 (handle) is pivoted counterclockwise and latch parts 14 block detent projections 15] (see annotated fig. 1 and 2 below).
Weikinger does not disclose a skirt assembly having an exterior material disposed between a skirt ring and a molded base.
Maldonado teaches a cooler 100 having a hard liner 200 having a collar 207 located at the top and including a downwardly protruding lip 208 which folds back downwardly over an exterior upper perimeter of a liner 200 forming a pocket between the inside of the lip 208 and the outside of the upper perimeter of the liner 200, wherein the cooler 100 further has a skirt assembly having a softside material 240 (exterior material) disposed between a ring of hardened material (skirt ring) and a skit-resistant base 94 (molded base), and wherein the ring of hardened material (skirt ring) is inserted into the circumferential pocket on the upper end of the liner to attach the upper end of the softside material 240 (exterior material) to the upper end of the liner 200 (see P. 0042-0044, 0065, fig. 1, 10A, and 11).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the insulated container to include the skirt assembly inserted between the annular wall 6 (collar) and peripheral wall 5 (sidewall), as taught by Maldonado, in order to provide additional insulation to the insulated container.
PNG
media_image1.png
474
696
media_image1.png
Greyscale
PNG
media_image2.png
710
456
media_image2.png
Greyscale
Claim 13: The combination discloses a hinge axis 10, which has the form of a cylindrical protrusion and therefore reads on the pivot connector, extending through said handle and into said annular wall 6 (collar) (see fig. 2).
The pivot connector for engaging said collar and said ear is/are interpreted under 35 U.S.C. 112(f) as a cylindrical protrusion, and equivalents thereof.
Allowable Subject Matter
Claims 14-15 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claims 1-11 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 11913707, US 1312626, US 4351448, US 8919596 are considered pertinent to locking handles, US 20050072181, US 20190008264, US 20190281940, US 5403095 are considered pertinent to rigid liners, US 20050263527 is considered pertinent to accessory retainers and accessories, US 20120217255, US 20120279976, US 20160120162, US 20220041335, US 2610757, US 2954891, US 5772066, US 8251269, US D446617 are considered pertinent to bucket sleeves.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALLAN D STEVENS whose telephone number is (571)270-7798. The examiner can normally be reached Monday-Friday 12-8 ET.
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, Orlando E. Aviles 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.
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.
/ALLAN D STEVENS/Primary Examiner, Art Unit 3736