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 without traverse of Invention 1, Species 2 in the reply filed on 6/10/2026 is acknowledged.
Claims 6-33 and 44-54 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Invention or Species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 6/10/2026.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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) 1-5 and 35 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ishibashi (JP 6-54519).
Ishibashi discloses a container for holding one or more products, the container comprising: at least a bottom wall and a sidewall extending along an interior of the container (1); a flange extending outwardly from the sidewall (perimeter 2, see Figs. 1-4); and a storage feature (5, 6) extending from the flange and spaced apart from the sidewall (Figs. 1-4), the storage feature being for at least partially holding one or more items (functional recitation.
Ishibashi further discloses the storage feature is foldably connected to the flange along a fold line (see Fig. 4); the storage feature comprises a storage panel (3) foldably connected to the flange along the fold line and a strap (5, 6) defined in the storage panel, the storage feature being for engaging the one or more items between at least a portion of the storage panel and the strap (functional recitation); the strap is at least partially defined between two or more slots extending in the storage panel )spaces between 5 and long edges of 3), the two or more slots being for receiving at least a portion of the one or more items engaged with the storage feature (functional recitation); and the storage feature further comprises a plurality of longitudinal fold lines extending in the storage panel for facilitating bending of the storage panel (fold at portions of 3 connected to 2, at top and bottom of 3 in Fig. 1).
Claim(s) 34, 39, 40, and 43 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kensaku et al. (JP 2001002056, hereinafter ‘Kensaku’).
Kensaku discloses a container for holding one or more products, the container comprising: a flange (11, 12); a first sidewall (22, 23) extending along at least a portion of the flange, the first sidewall extending at least partially around a first interior space of the container; a second sidewall (32, 33) extending along at least a portion of the flange, the second sidewall extending at least partially around a second interior space of the container; and a fold line (a) extending in the flange between the first interior space and the second interior space, the fold line being for folding the container at the flange to pivot the second sidewall with respect to the first sidewall (see Figs. 1-3).
Kensaku further discloses a crown component comprising a top panel at least partially defining the flange (10), a plurality of first side flaps at least partially defining the first sidewall (see Fig. 2), and a plurality of second side flaps at least partially defining the second sidewall (see Fig. 2), wherein the fold line extends in the top panel of the crown component (see Figs. 2, 3); at least a first bottom component and a second bottom component, wherein the first bottom component comprises a plurality of first side panels at least partially defining the first sidewall and the second bottom component comprises a plurality of second side panels at least partially defining the second sidewall (see Fig. 14 embodiment); the first bottom component comprises a first bottom panel (21) extending along at least a portion of the first interior space, and the second bottom component comprises a second bottom panel (31) extending along at least a portion of the second interior space (see Fig. 14 embodiment).
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) 35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kensaku et al. (JP 2001002056, hereinafter ‘Kensaku’) as applied to claim 34 above, and further in view of Ishibashi (JP 6-54519).
Kensaku discloses all limitations of the claim(s) as detailed above except does not expressly disclose the storage feature as claimed.
However, Ishibashi teaches adding a storage feature extending from a flange of a container structure (see Figs. 1-4) as claimed.
At the time of the invention, it would have been obvious to a person having ordinary skill in the art to add the storage feature taught by Ishibashi to the container assembly taught by Kensaku, in order to allow storage of accessories such as chopsticks as taught by Ishibashi.
Claim(s) 36-38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kensaku et al. (JP 2001002056, hereinafter ‘Kensaku’) as applied to claim 34 above, and further in view of Dainippon Printing (JP 2000-302125, hereinafter ‘Dainippon’).
Kensaku discloses all limitations of the claim(s) as detailed above except does not expressly disclose the particular shape of the fold line as claimed.
However, Dainippon teaches a similar device wherein the gap between the two containers is is V-shaped with two oblique segments extending from a vertex (see Figs. 7-9) as claimed.
At the time of the invention, it would have been obvious to a person having ordinary skill in the art shape the fold line taught by Kensaku to be V-shaped as taught by Dainippon, in light of Dainippon teaching the equivalence thereof (see Figs. 3, 9).
Kensaku as modified above results in a device wherein the second sidewall at least partially defines a spout, the spout being aligned with the vertex of the fold line (tapered walls 6 of container 22 form a spout); and the second sidewall comprises two side panels extending at an oblique angle with respect to one another to at least partially define a pouring spout (tapered walls 6 of container 22 form a spout) for pouring at least a portion of one or more products from the second interior space into the first interior space (functional recitation).
Claim(s) 41-42 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kensaku et al. (JP 2001002056, hereinafter ‘Kensaku’) as applied to claim 40 above, and further in view of Toppan Printing (JP 2006-298395, hereinafter ‘Toppan’).
Kensaku discloses all limitations of the claim(s) as detailed above except does not expressly disclose the overlapping flange portions as claimed
However, Toppan teaches a similar device wherein the first bottom component further comprises a plurality of first flange portions extending from respective first side panels of the plurality of first side panels and the second bottom component further comprises a plurality of second flange portions extending from respective second side panels of the plurality of second side panels, and wherein the plurality of first flange portions and the plurality of second flange portions are at least partially overlapped by the top panel of the crown component so that the plurality of first flange portions and the plurality of second flange portions cooperate with the top panel to at least partially form the flange; and the one or more first flange portions are arranged adjacent one or more second flange portions along a line that is aligned with the fold line in the top panel (see Figs. 1-9).
At the time of the invention, it would have been obvious to a person having ordinary skill in the art to use the overlapping flaps taught by Toppan to construct the container taught by Kensaku, in order to seal the upper and lower portions of the container together as taught by Toppan.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER N. HELVEY whose telephone number is (571)270-1423. The examiner can normally be reached Monday-Friday 10am-7pm EST.
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, Nathan Newhouse can be reached at 571-272-4544. 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.
/PETER N HELVEY/Primary Examiner, Art Unit 3734
July 13, 2026
Prosecution Insights