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 .
Claims 9-20 are withdrawn from further consideration. Applicant made the election of Group 1, directed to the embodiment in figures 1-8, without traverse, in the response dated 03/30/2026 is acknowledged.
Claims 9-13 are withdrawn from further consideration by the examiner:
In claim 9, the recitation “the first contracted bottom portion being configured as a hollow structure so as to form an accommodating compartment therein”, note that that the specification recites the accommodating compartment as portion 14’ in the non-elected embodiment of figs. 11-12. Dependents on claim 9 are also withdrawn for reading on the non-elected embodiment of figs. 11-12. Note that the elected embodiment figs. 1-8, only have one receiving compartment as recited by claim 1 “a first receiving compartment”.
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 3 and 6 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.
In claim 3, the recitation “may be” renders the claim indefinite since it is unclear whether the limitations following such recitation are positively required by the claim.
In claim 6, “the space between the covering panels” has no antecedent basis.
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.
SET I.
Claims 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Mendez (20070084863).
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a plurality of containers, configured to be stacked, each of the plurality of containers having at least one side wall, a bottom wall, and a plurality of complementary threaded portions; and a removable accessory mount, configured to removably engage one of the plurality of complementary threaded portions.
The coupling member 150 can also include an optional delivery restriction component where the delivery of the spice or seasoning is to be restricted through, for example, grating holes 156. The coupling member 150 of some embodiments includes an internal threaded portion 152 that is configured to receive the complementary threads 144 adjacent the open end of a container, as discussed above regarding FIG. 5. ..Alternatively, the coupling member 150 can be configured with a solid cap having no grating holes such that an open ended container attached to the coupling member 150 will remain closed even when removed from an adjacent container… Further, the container and coupling member can be configured to utilize threaded sections for both top and bottom engagements
Further, the container and coupling member can be configured to utilize threaded sections for both top and bottom engagements or to utilize the protrusion/slot or bayonet arrangement described above for both the top and bottom engagements.
A second container 170 similarly includes a top threaded portion 172 formed in or attached to the side wall 171 of the second container 170 adjacent the open end 173 and a bottom threaded portion 174 formed in or attached to the side wall 171 adjacent the bottom wall 175 (not visible in this view).
Regarding claim 1, Mendez teaches a container, comprising a first container (120 fig. 4 or 160 fig. 7) unit having a first receiving compartment and comprising a first container body; and a second container unit (120 fig. 4 or 171 fig. 7), which comprises a second container body (14) having a second receiving compartment; and a utility lid (150 fig. 6) detachably mounted on the second container body, the utility lid having an access opening (156), wherein the beverage container is operated between an assembled mode (fig. 4) and a segregated mode (unattached), wherein in the assembled mode, the first container unit and the second container unit are detachably attached to form an integral container (fig. 4), wherein in the segregated mode, the first container unit is detached from the second container unit so that a user is allowed to access objects stored in the second receiving compartment through the access opening. Note that the limitation with respect the container for liquid or beverage is an intended use and does not impart any structure over the device in Mendez.
Regarding claim 2, note each of the first receiving compartment is formed in the first container body, the first container body (102 or 140 or 160) having a first main portion, a first contracted top portion (note the recess threads portions at 144/162/139) formed on top of the main portion, and a first contracted bottom (at 164 fig. 7/139 fig. 5) portion formed below the first main portion, wherein a diameter of each of the first contracted top portion and the first contracted bottom portion is smaller than that of the first main portion, the first receiving compartment being formed in at least the first main portion.
Regarding claim 3, note the second container body (170) has a second main portion (171), a second contracted top portion (at thread 172) formed on top of the second main portion, and a second contracted bottom portion (174) formed below the second main portion, wherein a diameter of each of the second contracted top portion and the second contracted bottom portion may be smaller than that of the second main portion, the second receiving compartment being formed in at least the second main portion.
Regarding claim 4, note the base lid (either the top 132 fig. 4 or bottom on the second body 102 in fig. 4 or at 174 cited above) detachably attached on one of the first container body and the second container body.
Regarding claim 5, note the base lid has an annular lid body and a base threaded portion (similar to 169 fig. 7) formed on an inner circumferential edge of the annular lid body, while the second container unit /201/ further has a second bottom threaded (174) portion formed on the second bottom contracted portion, wherein the base threaded portion is arranged to detachably connect to the second bottom threaded portion for detachably and selectively connecting the base lid to the second container body.
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.
Claims 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Mendez in view of Fadden et al. (11596250) or Woolf (20050252923) or Antal, Sr. et al. (20070007310).
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Regarding claim 6, Mendez teaches a utility lid further comprises a peripheral wall Mendez meets all claimed limitations except for the coverings on the utility lid comprising a plurality of covering panels extending from the peripheral wall, wherein the access opening is formed as the space between the covering panels, each of the covering panels extending from an inner side of the peripheral wall at positions above the second receiving compartment. Fadden teaches that it is known in the art to provide a stackable container and one of the container comprising a lid (at 222) with a plurality of covering panels (228/232) extending from the peripheral wall, wherein the access opening is formed as the space between the covering panels, each of the covering panels extending from an inner side of the peripheral wall at positions above the second receiving compartment.
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Woolf also teaches that it is known in the art to provide container and comprising a lid (at 30) with a plurality of covering panels (42) extending from the peripheral wall, wherein the access opening (fig. 10) is formed as the space between the covering panels, each of the covering panels extending from an inner side of the peripheral wall at positions above the second receiving compartment. It would have been obvious to one of ordinary skill in the art before the effective filing date to provide lid with the covering panels as taught by Woolf to provide the desired dispensing opening and/or to keep solid contents from spilling.
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0036] As shown in the drawings, the cap 14 is provided with two flaps 16, 18. Each flap 16, 18 is joined to the cap 14 along one edge by a hinge 20 along one straight edge of the flap
Antal also teaches that it is known in the art to provide a spice dispenser comprising a lid with a plurality of covering panels (16/18) extending from the peripheral wall, wherein the access opening is formed as the space between the covering panels (note that the product is dispensed when the covering panels lifted. Thus, there are space between the covering panels), each of the covering panels extending. It would have been obvious to one of ordinary skill in the art before the effective filing date to provide lid with the covering panels as taught by Antal to provide the desired dispensing openings for the size of the contents.
Regarding claim 7, note the utility lid (169 fig. 7) further has an upper threaded portion (167) formed on the inner side of the peripheral wall at a position above the covering panels, the first container body further having a first bottom threaded portion (164) formed on the first contracted bottom portion for detachably connecting to the upper threaded portion so as to detachably connect the first container unit to the utility lid from the top thereof.
Regarding claim 8, note the utility lid 169 further has a lower threaded portion formed on the inner side of the peripheral wall at a position below the covering panels, the second container body further having a second upper threaded portion (172) formed on the second contracted top portion for detachably connecting to the lower threaded portion of the utility lid so as to detachably connect the utility lid to the second container body.
SET II.
Claims 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Thompson (2326414) in view of Fadden et al. or Woolf or Antal, Sr. et al., and further in view of Mendez.
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Regarding claim 1, Thompson teaches a beverage container, comprising a first container (10) unit having a first receiving compartment and comprising a first container body; and a second container unit (14), which comprises a second container body (14) having a second receiving compartment; and a utility lid (18) detachably mounted on the second container body, wherein the container is operated between an assembled mode (fig. 3) and a segregated mode (fig. 1), wherein in the assembled mode, the first container unit and the second container unit are detachably attached to form an integral beverage container, wherein in the segregated mode, the first container unit is detached from the second container unit so that a user is allowed to access objects stored in the second receiving compartment through the access opening.
Regarding claims 1 and 6, Thompson meets all claimed limitations except for the utility lid having an access opening wherein the access opening is formed as the space between the covering panels, each of the covering panels extending from an inner side of the peripheral wall at positions above the second receiving compartment. As set forth supra, Fadden teaches that it is known in the art to provide a stackable container and one of the containers comprising a lid (at 222) with a plurality of covering panels (228/232) extending from the peripheral wall, wherein the access opening is formed as the space between the covering panels, each of the covering panels extending from an inner side of the peripheral wall at positions above the second receiving compartment. Woolf also teaches that it is known in the art to provide container and comprising a lid (at 30) with a plurality of covering panels (42) extending from the peripheral wall, wherein the access opening (fig. 10) is formed as the space between the covering panels, each of the covering panels extending from an inner side of the peripheral wall at positions above the second receiving compartment. It would have been obvious to one of ordinary skill in the art before the effective filing date to provide lid with the covering panels as taught by Fadden or Woolf to provide the desired dispensing opening and/or to keep solid contents from spilling. As set forth above, Mendez teaches that it is known in the art to provide a stackable closure (utility lid) that can have openings or a solid with no openings.
The coupling member 150 can also include an optional delivery restriction component where the delivery of the spice or seasoning is to be restricted through, for example, grating holes 156... ..Alternatively, the coupling member 150 can be configured with a solid cap having no grating holes such that an open ended container attached to the coupling member 150 will remain closed even when removed from an adjacent container
Thus, to provide the lid portions 18 of Thompson with openings of Fadden or Woolf would have been obvious to allow the desired dispensing or accessing of contents easily, i.e., without opening the lid.
Regarding claim 2, note each of the first receiving compartment is formed in the first container body, the first container body (10) having a first main portion, a first contracted top portion (at 11) formed on top of the main portion, and a first contracted bottom (12) portion formed below the first main portion, wherein a diameter of each of the first contracted top portion and the first contracted bottom portion is smaller than that of the first main portion (10), the first receiving compartment being formed in at least the first main portion.
Regarding claim 3, note the second container body (14) has a second main portion, a second contracted top portion (at thread 11) formed on top of the second main portion, and a second contracted bottom portion (at 12) formed below the second main portion, wherein a diameter of each of the second contracted top portion and the second contracted bottom portion smaller than that of the second main portion, the second receiving compartment being formed in at least the second main portion.
Regarding claim 4, note the base lid (lower portion 18 fig. 3) detachably attached on one of the first container body and the second container body.
Regarding claim 5, note the base lid has an annular lid body and a base threaded portion (at 20) formed on an inner circumferential edge of the annular lid body, while the second container unit 14 further has a second bottom threaded (at 16) portion formed on the second bottom contracted portion, wherein the base threaded portion is arranged to detachably connect to the second bottom threaded portion for detachably and selectively connecting the base lid to the second container body.
Regarding claim 7, note the utility lid (upper 18) further has an upper threaded portion (20) formed on the inner side of the peripheral wall at a position above the covering panels, the first container body further having a first bottom threaded portion (12) formed on the first contracted bottom portion for detachably connecting to the upper threaded portion so as to detachably connect the first container unit to the utility lid from the top thereof.
Regarding claim 8, note the utility lid (upper 18) further has a lower threaded portion (at 21) formed on the inner side of the peripheral wall at a position below the covering panels, the second container body further having a second upper threaded portion (15) formed on the second contracted top portion for detachably connecting to the lower threaded portion of the utility lid so as to detachably connect the utility lid to the second container body.
Applicant is noted of the NPL references of Benelbel similar to that of Thompson and Moonkie which also teaches the slit type openings that can replaced with another closure. Applying these references would have been redudant.
NPL:
a) BeneLabel Stackable Food Storage Containers with Twist Lock System
https://www.amazon.com/dp/B07CWJ3S9Y?th=1
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ii)Moonkie Silicone Baby Food Containers | 8oz/4 oz Baby Food Storage Jars with Airtight Lids and A Snack Cup Lid
https://www.amazon.com/dp/B0D9XYYSFY?th=1
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRI M MAI whose telephone number is (571)272-4541. The examiner can normally be reached 8am-5pm (Mon-Friday).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Jenness can be reached at (571) 270-5055. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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TRI M. MAI
Examiner
Art Unit 3733
/TRI M MAI/Primary Examiner, Art Unit 3733
Prosecution Insights