DETAILED ACTION
Claim Rejections - 35 USC § 112
1. 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.
2. Claim 5 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.
Regarding claim 5, the term “other geometrical shape” is indefinite because it is not clear specifically which shape(s) is/are covered by the term.
3. The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
4. Claim 5 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Regarding claim 5, the term “other geometrical shape” effectively covers every possible remaining shape, and thus the combined claim scope fails to further narrow the parent claim.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 102
5. 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.
6. Claims 1, 3-6, 9, and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by EP 4,108,587 (Guillin).
Regarding claim 1, Guillin teaches a container for holding contents therein, the container comprising:
a first part (20) comprising a plurality of corners (23) including a first corner (e.g. upper left 23 in Figure 2) and a second corner (e.g. lower right 23 in Figure 2), and
a second part (10) comprising a rim (1) extending around its perimeter, the second part defining a first opening (8) at the rim at a first rim corner (e.g. upper left 7 in Figure 1), the second part defining a second opening (opposite 8) at the rim at a second rim corner (e.g. lower right 7 in Figure 1),
wherein the first corner is configured to be received in the first opening and the second corner is configured to be received in the second opening thereby providing a snap fit closure between the first part and the second part (see Figure 4).
Regarding claim 3, the first part is a lid and the second part is a base (see Figures 1 and 2).
Regarding claim 4, the first opening, the second opening, or both is a slot (window 8 is read as comprising a slot; see shape in Figure 1).
Regarding claim 5, the first opening, the second opening, or both has an oblong shape, a circular shape, a semi-circular shape, a polygonal shape, an asymmetrical shape, or other geometrical shape (see oblong shape at 8 in Figure 1).
Regarding claim 6, the lid comprises a material selected from the group consisting of plastic, pulp, paper, fiber, metal, and a combination thereof (formed of plastic in para. [0002], line 4, “plastique”).
Regarding claim 9, the base comprises a material selected from the group consisting of plastic, pulp, paper, fiber, metal, and a combination thereof (formed of cardboard in para. [0001], line 2 “en carton”).
Regarding claim 14, an audible sound is generated upon receipt of the first corner in the first opening (Examiner notes that any interlock will inherently produce a sound).
7. Claims 1, 2, 4, 5, and 12-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2013/0020323 (Lesquir).
Regarding claim 1, Lesquir teaches a container for holding contents therein, the container comprising:
a first part (12) comprising a plurality of corners (30) including a first corner (e.g. left 30 in Figure 10B) and a second corner (e.g. right 30 in Figure 10B), and
a second part (14) comprising a rim (208) extending around its perimeter, the second part defining a first opening (210) at the rim at a first rim corner (e.g. left corner in Figure 10B), the second part defining a second opening at the rim at a second rim corner (e.g. right corner in Figure 10B),
wherein the first corner is configured to be received in the first opening and the second corner is configured to be received in the second opening thereby providing a snap fit closure between the first part and the second part (see para. [0031; e.g. Figures 1, 4, and 10A).
Regarding claim 2, the first part is a base (12) and the second part is a lid (14; see Figure 10B).
Regarding claim 4, the first opening, the second opening, or both is a slot (openings 210 are read as slots; see e.g. Figures 2 and 5A).
Regarding claim 5, the first opening, the second opening, or both has an oblong shape, a circular shape, a semi-circular shape, a polygonal shape, an asymmetrical shape, or other geometrical shape (opening 210 is read to have a polygonal shape or “other geometrical shape” as seen in Figure 5A).
Regarding claim 12, the first corner is oversized relative to the first opening so that, when the first corner is received in the first opening, the first corner extending completely through the first opening (see Figure 4 showing corner 30 extending beyond opening 210, overlapping portion 208 of flange 206).
Regarding claim 13, an audible sound is generated upon receipt of the first corner in the first opening (Examiner asserts a sound will inherently be made as corner 30 snaps into opening 210 and projects through, overlapping portion 208 of flange 206 as seen in Figure 4).
Regarding claim 14, an audible sound is generated upon receipt of the first corner in the first opening (Examiner asserts a sound will inherently be made as corner 30 snaps into opening 210 and projects through, overlapping portion 208 of flange 206 as seen in Figure 4).
Claim Rejections - 35 USC § 103
8. 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.
9. Claims 7, 8, 10, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over EP 4,108,587 (Guillin) as applied above under 35 USC 102(a)(1) to claims 6 and 9, in view of US 2020/0239199 (Kuo).
Regarding claims 7 and 10, Guillin fails to explicitly teach that the fiber is a molded fiber.
However, the reference teaches the container being formed of cardboard, and the lid being formed of “bio-sourced material” (Abstract).
Kuo, analogous to containers, teaches forming a lid of pulp-molded paper in a pulp-mold process (see para. [0048]). Examiner notes that the lid of Kuo retains resiliency, as seen in Figure 6 (see para. [0057] discussing elasticity).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to form the container and lid of Guillin of molded fiber, as taught by Kuo, motivated by the benefit of compostability, having a predictable outcome absent a teaching of an unexpected result. See KSR International Co. v. Teleflex Inc. et al. No. 04-1350, 550 U.S. 2007 at 13, lines 22-25 which states, “When a work is available in one field of endeavor, design incentives ...can prompt variations of it, either in the same field or a different one. Furthermore, see id. at 13, lines 27-31 which states “if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious”.
Regarding claims 8 and 11, the lid comprises a renewable, compostable, or recycled material (Kuo teaches the pulp-molded paper is composable (see end of para. [0048).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES N SMALLEY whose telephone number is (571)272-4547. The examiner can normally be reached M-F 9:00 am to 6:00 pm.
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 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.
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.
/JAMES N SMALLEY/Examiner, Art Unit 3733