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 .
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.
Claims 1, 2, 9 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Casale (US 2007/0108685).
Claim 1
Casale discloses a snack board (10) comprising a reversible base section (defined by combination of 12 and 14) having a top surface (12) that is substantially flat, a bottom surface (14) that has a plurality of recessed portions (defined by compartments used to accept containers 16 and 18 divided by central wall 82) that define a plurality of food holding compartments (see figures 3, 6 and [0047]), first and second ends (22 and 24) opposite each other, a first and second sides (40) opposite each other (see [0037] and [0039]); and first and second end caps (16 and 18) that removably attaches to each of the first and second ends of the base section (see figure 3 and [0043]). Casale discloses the top surface of the base section comprising a removable cutting board (see [0038]), therefore the cutting board could be used from any side.
Claim 2
Casale further discloses the first end slidably receives the first end cap, and the second end slidably receives the second end cap (see figure 3, [0048] and [0049]).
Claim 9
Casale further discloses the first end cap and the second end cap are handles end cap, wherein the handle end cap includes a handle portion (316) and an insertion portion (defined by portion of the endcaps inserted within the base section), wherein the handle portion includes a central passthrough (defined by open space between handle 316 and surface of exterior wall 304) and an outer edge and the insertion portion removably attaches to the first end or the second end of the base section (see figures 3, 8 and [0060]).
Claim 10
Casale further discloses at least one of the first end cap and the second end cap is a grip end cap, wherein the grip end cap includes a grip portion (316) having a textured area (defined by texture, surface, shape and/or material of 316) and an insertion portion (defined by portion of the endcaps inserted within the base section) that removably attaches to the first end and the second end of the base section (see figures 3, 8 and [0060]).
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 1, 2, 4 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Gotsis (US 2014/0225320) in view of Casale (US 2007/0108685).
Claim 1
Gotsis discloses a snack board (100) comprising a reversible base section (defined structures 102 and 104) having a top surface (102) that is substantially flat, a bottom surface (104) that supports and receive trays (120) capable of holding food products (see figures 1b, 4 and [0035]), first and second ends (defined by ends where trays 120 are inserted) opposite each other, a first and second sides (106) opposite each other; and first and second end caps (120) that removably attaches to each of the first and second ends of the base section (see figure 4 and [0031]). Gotsis discloses the top portion of the base section is removable (see [0031]), therefore the top surface of the base section could be reversed and used from any of the sides. Gotsis does not disclose the bottom surface including plurality of recessed portions, as required. However, Casale discloses a snack/cutting board (10) comprising a bottom surface (14) comprising a central wall (82) forming plurality of recessed/compartment portions for receiving slidable trays (16 and 18) capable of holding food (see figure 3 and [0047]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gotsis having a central/dividing panel in the bottom surface for separating the space for each of the containers to be inserted within the base section.
Claim 2
Gotsis further discloses the first end slidably receives the first end cap, and the second end slidably receives the second end cap (see [0030] and [0031]).
Claim 4
Gotsis further discloses a lid (102) that removably attaches to the base section (see figure 1b and [0031]).
Claim 7
Gotsis as modified discloses the base including recessed portions (defined by compartments formed in the base portion 106 divided by the central wall) that define a plurality of compartments which sliding trays are inserted and capable of holding food. After Gotsis is modified, the bottom surface will be recessed into the base section from the bottom surface.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Gotsis (US 2014/0225320) and Casale (US 2007/0108685) as applied to claim 2 above, and further in view of Chu (US 2023/0150737).
Gotsis does not disclose each of the first side and the second side include at least one receiving hole configured to receive a corresponding push button on the first end cap or the second end cap. However, Chu discloses a container (100) comprising a sleeve (102) with holes/locking ports (202a) configured to engage in lock position with depressible buttons (112a and 112b) of a slidable tray (104), wherein the depressible buttons engage with the holes/locking ports prevent the inner tray to slide out the sleeve (see figures 1, 2 and [0041]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the snack board of Gotsis having holes in the base section and depressible buttons in the first and second end caps as taught by Chu to prevent unintended sliding out of the end caps from the base section.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Gotsis (US 2014/0225320) and Casale (US 2007/0108685) as applied to claim 4 above, and further in view of Chang (US 2016/0016305).
Gotsis further discloses the lid could be attached to the base section by way of fasteners, snaps, clips, locks, male/female components or combinations (see [0031]). Gotsis does not disclose at least one of the first side or the second side includes at least one receiving slot configured to receive a tab of the lid to secure the lid to the base section. However, Chang discloses a container (10) comprising a base section (20) and a cover (30), wherein the cover comprises tabs/male component (36) that engages with female fastener (52) placed on a side of the base (see figures 2 and 3). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the snack board of Gotsis having male and female fasteners in the lid and the base section as taught by Chang for removably attaching the lid to the base section.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Gotsis (US 2014/0225320) and Casale (US 2007/0108685) as applied to claim 1 above, and further in view of Colonna (7,288,745).
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Gotsis does not disclose the base section comprising two halves that join to form the base section, and a compartment is defined in at least one of the halves, wherein the snack board further comprises a coolant material housed within the compartment. Colonna discloses a tray comprising a base section (81) formed of two halves coupled together, wherein a compartment is defined in one of the halves, wherein the tray further comprises a coolant material/gel housed within the compartment (see figure above and column 4 lines 43-57). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the snack board of Gotsis having a second half attached to the base portion as taught by Colonna for controlling the temperature of food to be cut or stored in the tray.
Response to Arguments
Applicant arguments with respect to claims 1-5 and 8 with respect to the teachings of Gotsis have been considered but are moot because the new ground of rejection. Regarding applicant argument that Gotsis does not disclose a reversible base section, the examiner disagrees. Gotsis discloses the top portion of the base section is removable (see [0031]), therefore the top surface of the base section could be reversed and used from any of the sides.
Applicant's arguments filed 08/03/2026 with respect to the teachings of Casale have been fully considered but they are not persuasive. Casale discloses a base section formed by a top surface (12) and a bottom surface (14), wherein the bottom surface comprises a central wall (82) forming compartments to receive slidable containers (16 and 18) capable of holding food. The top surface of the base form Casale is reversible by the fact that the top surface is removable from the bottom surface (see [0038]).
Conclusion
Examiner has cited particular paragraphs and/or columns and line numbers in the references as applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested of the applicant, in preparing responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or prior art(s) disclosed by the Examiner (in the attached PTO-892 form).
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 nonprovisional extension fee (37 CFR 1.17(a)) 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAFAEL A. ORTIZ whose telephone number is (571)270-5240. The examiner can normally be reached Monday - Friday 9am - 6pm.
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.
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RAFAEL A. ORTIZ
Primary Examiner
Art Unit 3736
/RAFAEL A ORTIZ/Primary Examiner, Art Unit 3736
