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 Group I, claims 1-20 (shown in figs.1a-6b) in the reply filed on 06/16/26 is acknowledged.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20, rejected on the ground of nonstatutory double patenting as being unpatentable over issued claims of U.S. Patent No. 11,434,052. Although the claims at issue are not identical, they are not patentably distinct from each other because the parent claims define all current application claim structure.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the -“a wiper- claim 16, and -one-way engagement fittings- claim 18, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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) 1,2,5-7,9,11-13,15-17,20, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Smith (USPN 10,351,330)
With respect to claim 1, Smith shows a soft-sided insulated container assembly (200) comprising: an insulated soft-sided external casing (210) and an internal liner (214), the insulated soft-sided external casing (210) having a releasable securement (paragraph 64, states the liner can be replaced) operable to retain said internal liner (214) within said insulated soft-sided external casing (210); said internal liner (214) has a rigid rim (220) that defines an opening of said liner providing access to a chamber (222) formed within said liner; a rigid lid member (223) is hingedly mounted (show not labeled) to said rigid rim (220); said rigid lid member (223) being co-operable with said rigid rim (220) and being movable between open and closed conditions to govern access to said chamber (222) through said opening; said chamber (222) has a closure that is an active closure energized (the energy stored in the latch) by a first latching mechanism (the notch in the lid) and a second latching mechanism (224), said second latching mechanism (224) being spaced from said first latching mechanism (the notch in the lid).
With respect to claim 2, Smith shows wherein said liner (214) is a rigid liner (plastic disclosed in paragraph 61).
With respect to claim 5, Smith shows wherein said active closure includes a resilient seal (229) mounted to said rigid rim (220), and said rigid rim (220) is energized by being compressed by mating engagement with said rigid member of said lid when said first (notch in lid) and second latching mechanisms (224) are closed.
With respect to claim 6, Smith shows wherein said seal (229) includes a portion mounted to said rigid rim (220) that is encountered by said lid in a friction fit.
With respect to claim 7, Smith shows wherein said first latching mechanism (the notch in the lid) is an over-center clamp (the latch is in the center).
With respect to claim 9, Smith shows wherein said soft-sided external casing (210) includes at least one water-tight envelope membrane (paragraph 61 discloses “rubber” which is waterproof).
With respect to claim 12, Smith shows a soft-sided insulated container assembly (200) comprising: a first portion and a second portion; the first portion having a soft-sided insulated wall structure that includes an upstanding soft-sided insulated peripheral wall; said second portion mates releasably with said first portion; said second portion including a movable member (223) and a stationary member (210); said movable member being operable to co-operate with said stationary member; said stationary member includes a frame (220) that extends about a peripheral lip of said first portion, and said frame defines an opening of said soft-sided insulated container assembly (200) through which objects pass upon entry to an internal chamber (222) of said soft-sided insulated container assembly (200); said movable member (223) of said second portion defining a rigid closure movable between an open position and a closed position to govern access to said internal chamber (222); said rigid closure having a first securement (the notch in the center) and a second securement (224); when said movable member is closed relative to said stationary member, said first securement and said second securement are operable to develop a locking force to energized said closure (223) to retain said movable member in a closed position relative to said internal chamber (222).
With respect to claim 12, Smith shows wherein said movable member (223) is connected to said stationary member (200) at a hinge (shown and disclosed, not numbered); said first and second securements (notch and latch 224) are first and second clamps operable to secure said movable member in said closed position relative to said stationary member; and said clamps are spaced apart from each other.
With respect to claim 13, Smith shows wherein said first clamp (on front) is mounted in opposition to said hinge (on back) .
With respect to claim 15, Smith shows wherein a resilient seal (229) is mounted to said stationary member, and when said first and second securements are operated to develop said locking force, said resilient seal is placed in compression.
With respect to claim 16, Smith shows wherein said one of said rigid closure member (223) and said stationary member (210) includes a wiper (arm of latch 224), and motion of said movable member relative to said stationary member occurs in friction fit engagement of said wiper (movable latch 224).
With respect to claim 17, Smith shows wherein said second portion defines a rigid liner (214) that seats within said first portion; and, when said rigid liner (214) is located within said first portion (210), said second portion is releasably secured to said first portion whereby said rigid liner is releasably secured (see paragraph 64, liner replicable) to said upstanding soft-sided insulated peripheral wall of said soft-sided insulated wall structure.
With respect to claim 20, Smith shows said first portion (210) includes at least one water-tight envelope membrane (can be made of plastic, rubber, ect, see paragraph 61).
Allowable Subject Matter
Claims 3,4,8,10,14,18,19, 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAWN M BRADEN whose telephone number is (571)272-8026. The examiner can normally be reached M-F 8am-5pm.
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-Bosques 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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/SHAWN M BRADEN/ Primary Examiner, Art Unit 3736
Prosecution Insights