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
This office action is in response to the reply filed on 2/26/2026, wherein claims 1, 5, 8, 10 were amended, claims 9 was cancelled, claims 21-26 are new. Claims 1-8 and 10-26 are pending.
Claim Rejections - 35 USC § 102
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) 1-8, 10, 13, 16-19, 23-24 is/are rejected under 35 U.S.C. 102a(1) as being anticipated by Camp (US 20230122425 A1).
With respect to claim 1, Camp discloses a container system comprising: a first storage container (12f) including a first base (bottom of 12 fig 91C), a first lid (top of 12), and a first storage interior defined by the first base and the first lid, the first base forming a bottom of the first storage container and the first lid forming a top of the first storage container, the first base including a first mating recess (recess between 160s) on the bottom of the first storage container, the first lid including a first mating projection (156d) on the top of the first storage container, the first storage container being of a first size; and a second storage container (12d) including a second base, a second lid, and a second storage interior defined by the second base and the second lid, the second base forming a bottom of the second storage container and the second lid forming a top of the second storage container, the second base including a second mating recess (recess between 160s) on the bottom of the second storage container, the second lid including a second mating projection (156d) on the top of the second storage container, the second storage container being of a second size different than the first size; and a third storage container (12c) including a third base, a third lid, and a third storage interior defined by the third base and the third lid, the third base forming a bottom of the third storage container and the third lid forming a top of the third storage container, the third lid including a plurality of third mating projections (multiples of 156d) on the top of the third storage container, the third base of the third container (12c) includes a third mating recess (area between 160s) on the bottom of the third storage container, the third mating recess being sized and shaped to receive a plurality of third mating projections (156d’s) of another storage container identical to the third storage container, the third storage container being of a third size different than the second size and the first size; the first, second, and third storage containers being configured to be arranged in a first stacked arrangement and a second stacked arrangement; wherein in the first stacked arrangement: the second storage container (12d) is stacked on the third storage container (12c) such that two third mating projections (two 156d’s, can consider one 156d from the top of a row and one from the bottom) of the plurality of mating projections of the third storage container are disposed in the second mating recess (recessed area between 160s) of the second storage container; and the first storage container (12f) is stacked on the third storage container such that another two third mating projections (two 156d’s, can consider one 156d from the top of a row and one from the bottom) of the plurality of mating projections of the third storage container are disposed in the first mating recess of the first storage container; and wherein in the second stacked arrangement: the second storage container (12d) is stacked on the third storage container (12c) such that two third mating projections of the plurality of mating projections of the third storage container are disposed in the second mating recess of the second storage container; and the first storage container (12f) is stacked on the second storage container such that the second mating projection of the second storage container is disposed in the first mating recess of the first storage container, wherein the two third mating projections and the second mating recess are arranged such that the two third mating projections are configured to be inserted into the second mating recess, in each of the first and second stacked arrangements, while at least two sides of the second storage container are vertically aligned with at least two sides of the third storage container.
Examiner Note: Stackability taught in [0178] on pages 7-8. Cambridge dictionary defines align as “to put things in an exact line or make them parallel”.
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With respect to claim 2, Camp discloses the container system of claim 1, wherein in the first stacked arrangement the first and second storage containers (12d, 12f) are disposed substantially within a footprint of the third storage container (12c).
With respect to claim 3, Camp discloses the container system of claim 1, wherein in the second stacked arrangement the second storage container (12d) is disposed substantially within a footprint of the third storage container (12c) and the first storage container (12f) is disposed substantially within a footprint of the second storage container.
With respect to claim 4, Camp discloses the container system of claim 1, wherein in the first and second stacked arrangements a left side of the second storage container (12d) is substantially vertically aligned with a rear side of the third storage container (12c) and a right side of the second storage container is substantially vertically aligned with a front side of the third storage container (12c).
Examiner Note: left, right, front, and rear surfaces of the second container can be named and arranged as such to meet the claimed limitations. The container extends from side to side.
With respect to claim 5, Camp discloses the container system of claim 4, wherein in the first and second stacked arrangements a left side of the first storage container is substantially vertically aligned with the rear side of the third storage container and a right side of the first storage container is substantially vertically aligned with the front side of the third storage container.
Examiner Note: “substantially vertically aligned” is broad. Vertical alignment alone doesn’t mean the items are coplanar. In fact, the features could be on parallel planes. The term substantially broadens the entirety of the phrase further. left, right, front, and rear surfaces of the second container can be named and arranged as such to meet the claimed limitations. The container extends from side to side. Meaning that surfaces that are substantially aligned (parallel) to other surfaces meet the claimed limitation. Cambridge dictionary defines align as “to put things in an exact line or make them parallel”.
With respect to claim 6, Camp discloses the container system of claim 1, wherein in the first and second stacked arrangements the two third mating projections (156d’s) of the plurality of mating projections of the third storage container (12c) are configured to inhibit the second storage (12d) container from moving forward and rearward relative to the third storage container.
Examiner Note: Forward and rearward are relative directions not further defined or limited.
With respect to claim 7, Camp discloses the container system of claim 1, wherein in the first stacked arrangement said another two third mating projections of the plurality of mating projections (other 156d’s of 12c) of the third storage container are configured to inhibit the first storage container (12f) from moving forward and rearward relative to the third storage container.
Examiner Note: Forward and rearward are relative directions not further defined or limited.
With respect to claim 8, Camp discloses the container system of claim 1, wherein in the second stacked arrangement the second mating projection of the second storage container (12d) is configured to inhibit the first storage container (12f) from moving forward and rearward relative to the third storage container.
Examiner Note: Forward and rearward are relative directions not further defined or limited.
With respect to claim 10, Camp discloses the container system of claim 1, wherein the plurality of third mating projections comprises four third mating projections spaced apart from one another and arranged in a 2x2 grid, wherein the four third mating projections protrude from an upper surface of the third lid along the top of the third storage container, and the upper surface surrounds an entire perimeter of each of the four third mating projections. (can consider upper surface of prior art as a complex surface, consider all surfaces surround 156d as the upper surface)
Examiner Note: Can consider a 156d near each corner on a 12c as the four mating projections.
With respect to claim 13, Camp discloses the container system of claim 1, wherein the first mating recess has an open side. (either end of 157d is open)
With respect to claim 16, Camp discloses the container system of claim 1, wherein the second size (12d) is larger than the first size (12f), and the third size (12c) is larger than the second size.
With respect to claim 17, Camp discloses the container system of claim 1, wherein in the first and second stacked arrangements a front side of the second storage (12d) container is substantially vertically aligned with a front side of the third storage container (12c) and a rear side of the second storage container (12d) is substantially vertically aligned with a rear side of the third storage container (12c).
Examiner Note: left, right, front, and rear surfaces of the first container can be named and arranged as such to meet the claimed limitations. The container extends from side to side.
With respect to claim 18, Camp discloses the container system of claim 1, wherein in the first and second stacked arrangements a front side of the first storage container (12f) is substantially vertically aligned with a rear side or a front side of the third storage container (12c).
Examiner Note: left, right, front, and rear surfaces of the first container can be named and arranged as such to meet the claimed limitations. The container extends from side to side.
With respect to claim 19, Camp discloses the container system of claim 1, further comprising a fourth storage (12a) container including a fourth base, a fourth lid, and a fourth storage interior defined by the fourth base and the fourth lid, the fourth base forming a bottom of the fourth storage container and the fourth lid forming a top of the fourth storage container, the fourth lid including a plurality of fourth mating projections (156ds) on the top of the fourth storage container, the fourth storage container being of a fourth size different than each of the first, second, and third sizes; wherein the third base of the third container (12c) includes a third mating recess (recess between 160s) on the bottom of the third storage container; and wherein the fourth container (12a) is configured to be arranged with the first, second, and third storage containers in at least one of the first stacked arrangement or the second stacked arrangement, wherein in said at least one of the first stacked arrangement or the second stacked arrangement the third storage container (12c) is stacked on the fourth storage container (12a) such that four fourth mating projections (four of 156d) of the plurality of fourth mating projections of the fourth storage container are disposed in the third mating recess of the third storage container (12c).
With respect to claim 23, Robl teaches the container system of claim 1, wherein the third mating projections have an L-shape. (consider 156d and 156b combined)
With respect to claim 24, Camp discloses the container system of claim 23, wherein the third lid of the third storage container includes four third mating projections (select 4 of 156d and 156c combos) that are spaced apart from one another and arranged to form a segmented rectangle that projects above an upper surface (156c) of the third lid.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1 , 11-13, 21-23, 25-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Robl (US 10308394 B1)..
With respect to claim 1, Robl discloses a container system comprising: a first storage (34) container including a first base, a first lid, and a first storage interior defined by the first base and the first lid, the first base forming a bottom of the first storage container and the first lid forming a top of the first storage container, the first base including a first mating recess (40) on the bottom of the first storage container, the first lid including a first mating projection (top protrusion of 52) on the top of the first storage container, the first storage container being of a first size; and a second storage container (38) including a second base, a second lid, and a second storage interior defined by the second base and the second lid, the second base forming a bottom of the second storage container and the second lid forming a top of the second storage container, the second base including a second mating recess (40) on the bottom of the second storage container, the second lid including a second mating projection (top protrusion of 52) on the top of the second storage container, the second storage container being of a second size different than the first size; and a third storage container (20) including a third base, a third lid, and a third storage interior defined by the third base and the third lid, the third base forming a bottom of the third storage container and the third lid forming a top of the third storage container, the third lid including a plurality of third mating projections (50s) on the top of the third storage container,
the third storage container being of a third size different than the second size and the first size; the first, second, and third storage containers being configured to be arranged in a first stacked arrangement and a second stacked arrangement; wherein in the first stacked arrangement: the second storage container (38) is stacked on the third storage container (20) such that two third mating projections (50s) of the plurality of mating projections of the third storage container are disposed in the second mating recess (40) of the second storage container; and the first storage container (34) is stacked on the third storage container such that another two third mating projections (other 50s) of the plurality of mating projections of the third storage container are disposed in the first mating recess (40) of the first storage container; and wherein in the second stacked arrangement: the second storage container (38) is stacked on the third storage container (20) such that two third mating projections (50s) of the plurality of mating projections of the third storage container (20) are disposed in the second mating recess of the second storage container (38); and the first storage container (34) is stacked on the second storage container such that the second mating projection (top of 52) of the second storage container is disposed in the first mating recess (40) of the first storage container, wherein the two third mating projections and the second mating recess are arranged such that the two third mating projections are configured to be inserted into the second mating recess, in each of the first and second stacked arrangements, while at least two sides of the second storage container are vertically aligned with at least two sides of the third storage container.
Examiner Note: Projection is defined “a thing that extends outward from something else” (Oxford Languages).
Robi failed to disclose the third base including a third mating recess on the bottom of the third storage container, the third mating recess being sized and shaped to receive a plurality of third mating projections of another storage container identical to the third storage container. However, for Robi’s first and second containers, Robi taught of an indentation, 40, that enables stacking with like containers. (col 6 lines 6-35) Robi didn’t directly teach these feature in the third base, however, it would have been obvious to add this feature to enable stacking of the third containers. It would have been obvious for someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the third container of Robi to include a recessed area as taught by Robis other containers in order to allow for stacking amongst third containers.
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With respect to claim 11, Robl teaches the container system of claim 1, wherein the first lid is free of one or more additional mating projections and the first base is free of one or more additional mating recesses. (only singular items for both, top of 52 and bottom indent 40)
With respect to claim 12, Robl teaches the container system of claim 1, wherein the second lid is free of one or more additional mating projections and the second base is free of one or more additional mating recesses. (only singular items for both, top of 52 and bottom indent 40)
With respect to claim 13, Robl teaches the container system of claim 1, wherein the first mating recess has an open side. (inherent property of a recess, having an open side).
With respect to claim 21, Robl teaches the container system of claim 1, wherein the third mating recess on the bottom of the third storage container has a rectangular shape. (as taught by Robl see claim 1 rejection above for combination rationale)
With respect to claim 22, Robl teaches the container system of claim 1, wherein the second mating recess (40) on the bottom of the second storage container has a closed shape, such an inner edge of the second mating recess forms a continuous perimeter that collectively surrounds the two third mating projections (each of 50) of the third storage container that are disposed in the second mating recess in each of the first and second stacked arrangements.
With respect to claim 23, Robl teaches the container system of claim 1, wherein the third mating projections have an L-shape. (up to viewer interpretation, could consider a portion of 66 and 50 as forming the L, and protruding from 66)
With respect to claim 25, Robl teaches the container system of claim 1, wherein the third mating projections (50s) protrude from an upper surface (surface of lid) of the third lid along the top of the third storage container, and the upper surface surrounds an entire perimeter of each of the third mating projections.
With respect to claim 26, Robl teaches the container system of claim 1, wherein the at least two sides of the second storage container that are vertically aligned with the at least two sides of the third storage container are two adjacent sides of the second storage container.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Camp (US 20230122425 A1).
With respect to claim 20, the references as applied to claim 19, above, disclose all the limitations of the claims except for wherein the fourth base of the fourth container includes a fourth mating recess on the bottom of the fourth storage container, the fourth mating recess being sized and shaped to receive a plurality of fourth mating projections of another storage container identical to the fourth storage container. However, Camp teaches of stacking features (including a recess on the bottom of the container) to improve organization (abstract). It would have been obvious for someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the base box of Camp to include stacking features as taught by Camp in order to allow for stackablility of a larger base box.
Examiner Note: A fourth container that resembles 12c with a deeper depth can be rationalized through a change in shape argument as well. The limitations of the claims can be met through increasing the depth of a container similar to 12c and would not be novel under the guidelines established In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Allowable Subject Matter
Claims 14 and 15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 14 is objected due to its dependency on the rejected claim 13 (above). Search results for prior art in this field failed to identify wherein in the first stacked arrangement said another two third mating projections of the plurality of mating projections of the third storage container extend out of the first mating recess of the first storage container via the open side.
Claim 15 is objected due to its dependency on the rejected claim 13 (above). Search results for prior art in this field failed to identify wherein in the second stacked arrangement the second mating projection of the second storage container extends out of the first mating recess of the first storage container via the open side.
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US-20230122425-A1 OR US-20230136626-A1 OR US-20250066075-A1 OR US-20190106244-A1 OR US-10308394-B1 OR US-10603783-B2 OR US-10583962-B2 OR US-9701443-B2 OR US-9108766-B2 OR US-3084830-A OR US-11628972-B2.
Response to Arguments
Applicant's arguments filed 2/26/2026 have been fully considered but they are not persuasive. Applicant believes that the amended material, "wherein the two third mating projections and the second mating recess are arranged such that the two third mating projections are configured to be inserted into the second mating recess, in each of the first and second stacked arrangements, while at least two sides of the second storage container are vertically aligned with at least two sides of the third storage container", overcomes Camps rejection due to the belief that Camps container are slidable to one another. However, the claims as written do not limit the ability to overcome sliding containers. The term "configured to be inserted" is broad. Sliding two objects is a form of insertion. Further with sliding, either end of the side walls could be considered vertically aligned (as they extend on the same plane, thus having a form of alignment). Further, vertical can be up to viewer interpretation. Sliding and the applicants view of insertion are similar, they both require only one directional movement (whether it be in the x, y, or z direction). Which means, by the applicant’s definition, two sides are always aligned in either the sliding or insertion movements. Please note that there are six sides to a cuboid shape.
Conclusion
THIS ACTION IS MADE FINAL. 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 extension fee 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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/S.K.S./Examiner, Art Unit 3735
/ERNESTO A GRANO/Primary Examiner, Art Unit 3735
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