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 § 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 1-9, 13, and 16 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 which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention. With respect to clam 1, “the bottom wall” on line 2 lacks proper antecedent basis. Claims 2-9 are also rejected since they dependent from rejected claim 1. With respect to claim 13, “the first inner wall portion” on lines 2-3 and “the second inner wall portion” on line 4, lack proper antecedent basis due to improper dependency. With respect to claim 16, “the first and second inner wall portions” on line 2 lack proper antecedent basis due to improper dependency. Additionally with regarding to claim 16, line 2, “the first and second inner sidewall portions an the first and second intermediated” makes no sense. The term “an” should be changed to “and”.
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 and 2 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Moody (US Patent no. 5203493)
With respect to claim 1, Moody discloses a taco holder, comprising: a first sidewall (18, figures 9 and 10) extending upwardly from the first side of the bottom wall (16); a second sidewall (the other sidewall 18) extending upwardly from the second side of the bottom wall; an intermediate support panel (48) spaced a distance above the bottom wall and between the first and second sidewalls.
With respect to claim 2, Moody discloses the taco holder of claim 1, wherein the second sidewall includes an inner layer (46, figure 10) and an outer layer (18 and 24) connected by a foldline (14, figure 10).
Claims 1, 4, and 5 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kennedy Jr. et al (US Patent no. 3745911 ).
With respect to claim 1, Kennedy, Jr. discloses a taco holder, comprising: a first sidewall (22, figure 1) extending upwardly from the first side of the bottom wall (21); a second sidewall (19) extending upwardly from the second side of the bottom wall; an intermediate support panel (37, figure 2) spaced a distance above the bottom wall (21) and between the first and second sidewalls (19 and 22, figure 2).
With respect to claim 4, Kennedy, Jr. discloses the taco holder of claim 1, wherein the intermediate support panel (37, figure 2) is supported above the bottom wall (21) on the first side by a spacer tab (side wall of inner vessel 13 where 36 is attached, figure 2) adjacent to the first sidewall (22) and by a second spacer tab (sidewall of inner vessel 13 to which screws 31 is attached, figure 2) adjacent to the second sidewall (19).
With respect to claim 5, Kennedy, Jr. discloses the taco holder of claim 1, wherein the intermediate support panel (37, figure 2) includes a plurality of openings (23 on vessel 13, figure 1)
Claims 1-5 and 10-14 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Perbet et al (document no. FR 2915189 A1).
With respect to claim 1, Perbet discloses a taco (intended use) holder (the holder of Perbet is capable of holding a taco to constitute a taco holder), comprising: a first sidewall (40, figures 5 and 6) extending upwardly from the first side of the bottom wall (62); a second sidewall (43) extending upwardly from the second side of the bottom wall; an intermediate support panel (61, figures 5, 6) spaced a distance above the bottom wall (62) and between the first and second sidewalls (43 and 40).
With respect to claim 2, Perbet discloses the taco holder of claim 1, wherein the second sidewall includes an inner layer (44, FIGURE 3) and an outer layer (43) connected by a foldline (26, FIGURE 3).
With respect to claim 3, Perbet discloses the taco holder of claim 2, wherein the intermediate support panel (61, figures 3, 5 and 6) is supported above the bottom wall (62) on the first side by a spacer tab (42, figure 3) adjacent to the first sidewall (40, figures 3, 5, and 6) and the intermediate support panel (61) is supported above the bottom wall (62) on the second side by the inner layer (44, figures 3, 5, and 6) of the second sidewall.
With respect to claim 4, Perbet discloses the taco holder of claim 1, wherein the intermediate support panel (61, figures 3, 5 and 6) is supported above the bottom wall (62) on the first side by a spacer tab (42, figure 3) adjacent to the first sidewall (40, figures 3, 5, and 6) and by a second spacer tab (44 is second spacer tab here note that claim 4 depends from claim 1) adjacent to the second sidewall (43).
With respect to claim 5, Perbet discloses the taco holder of claim 1, wherein the intermediate support panel (61) includes a plurality of openings (29-31, figure 3).
With respect to claim 10, Perbet discloses a dual taco holder (figures 11 and 12), comprising: a first bottom wall (62 on the left module 3, figure 12) having a first side and a second side, a first end and a second end; a first outer sidewall (left wall 43, figure 12) extending upwardly from the first side of the first bottom wall (62 on the left module 3 in figure 12); a second outer sidewall (the 43 on the right module 3 in figure 12) extending upwardly from a first side of the second bottom wall (62 on the right module 3, figure 12); an inner wall (40, figures 3, 5, and 6 of the two modules 3 in figure 12 are in contact when folded open as discussed in Perbet discloses “ After the conformation of the two modules 3, the latter are folded according to the arrows F against each other by folding the groove Rp so that the vertical walls 40 of each module are in contact with each other “, see third paragraph above the claims section in the English translation) extending upwardly from the second side of the first bottom wall and from the second side of the second bottom wall; a first intermediate support panel (61, on the left module 3, figure 12) spaced a distance above the first bottom wall (62) and between the first outer sidewall and the inner sidewall; a second intermediate support panel (61 on the right module 3, figure 12) spaced a distance above the second bottom wall (62) and between the second outer sidewall (43) and the inner sidewall (40).
With respect to claim 11, Perbet discloses the dual taco holder of claim 10, wherein the first outer sidewall includes a first inner layer (44, figure 3) and a first outer layer (43, figure 3) connected by a foldline (26, figure 3), and wherein the second outer sidewall includes a second inner layer (44, figure 3) and a second outer layer (43, figure 3) connected by a foldline (26, figure 3).
With respect to claim 12, Perbet discloses the dual taco holder of claim 10, wherein the inner wall includes a first inner wall portion (40, figures 5, 6 on the left module 3, figure 12) and a second inner wall portion (40, figures 5, 6 on the right module 3, figure 12) connected by an inner wall foldline (Rp, figure 12).
With respect to claim 13, Perbet discloses the dual taco holder of claim 11, wherein the first intermediate support panel (61 on the left module 3, figure 12) is supported above the first bottom wall (62) by a spacer tab (42, figure 3) adjacent to the first inner wall portion (40 of left module 3, figure 12) and wherein the second intermediate support panel (61 on the right module 3, figure 12) is supported above the second bottom wall (62) by a spacer tab (42, figure 3) adjacent to the second inner wall portion (40 of right module 3).
With respect to claim 14, Perbet discloses the dual taco holder of claim 10, wherein the first intermediate support panel (61 of left module 3, figure 12) and the second intermediate support panel (61 of right module 3, figure 12) include a plurality of openings (29-31, figure 3).
Claims 1, 4-6, and 8 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Wang et al (US Patent no. 6463844).
With respect to claim 1, Wang discloses a taco (intended use) holder (Wang’s baking pan is capable of holding a taco to constitute a taco holder, see figures 7A, 7B, 9-11), comprising: a first sidewall (left sidewall of pan 58, figure 10) extending upwardly from the first side of the bottom wall (bottom wall of pan 58, figure 10); a second sidewall (right sidewall of pan 58, figure 10) extending upwardly from the second side of the bottom wall; an intermediate support panel (bottom wall of pan 48, figures 9 and 11) spaced a distance above the bottom wall and between the first and second sidewalls (figure 11 shows the inner pan 48 is nested within the outer pan 58 such that the bottom of inner pan 48 is spaced above and between the sidewalls of the outer pan 58).
With respect to claim 4, Wang discloses the taco holder of claim 1, wherein the intermediate support panel (bottom wall of pan inner pan 48) is supported above the bottom wall (bottom of outer pan 58) by a first spacer tab (left sidewall of inner pan 48) adjacent to the first sidewall (left sidewall of outer pan 58, figure 11) and by a second spacer tab (right sidewall of inner pan 48) adjacent to the second sidewall (right sidewall of outer pan 58, figure 11).
With respect to claim 5, Wang discloses the taco holder of claim 1, wherein the intermediate support panel (bottom of inner pan 48, figure 9 and 11) includes a plurality of openings (54 and 56, figures 7A, 7B, 9 and 11).
With respect to claim 6, Wang discloses the taco holder of claim 1, wherein the intermediate support panel (bottom of inner pan 48, figure 9 and 11) includes an embossed pattern (50 and 52, figures 7A, 7B, 9 and 11).
With respect to claim 8, Wang discloses the taco holder of claim 6, wherein the intermediate support panel (bottom of inner pan 48, figure 9 and 11) includes a plurality of openings (54 and 56, figures 7A, 7B, 9 and 11).
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 6-9 are rejected under 35 U.S.C. 103 as being unpatentable over Kennedy Jr. et al (US Patent no. 3745911).
in view of Bryant et al (US Patent no. 6722522).
With respect to claim 6, Kennedy, Jr. discloses the taco holder of claim 1 as discussed above except wherein the intermediate support panel includes an embossed pattern. Bryant teaches a vessel (34) for food support wherein an intermediate support panel (12, figure 1) includes an embossed pattern (16, 18) to “provide for air flow or circulation between the vessel and a supported article 22” (column 4, lines 15-18). It would have been obvious to one of ordinary skilled in the art to have modify the article holder of Kennedy, Jr. such that the intermediate support panel includes an embossed pattern to provide air flow or circulation between the vessel and the supported article as taught to be desirable by Bryant.
With respect to claim 7, Kennedy, Jr. discloses the taco holder of claim 1 as discussed above except for wherein an inner surface of the first and second sidewalls and an upper surface of the intermediated support panel includes an embossed pattern. Bryant teaches a vessel (34) for food support wherein an intermediate support panel (12, figure 1) and inner surfaces of first and second sidewalls (40) includes an embossed pattern (16, 18) to “provide for air flow or circulation between the vessel and a supported article 22” (column 4, lines 15-18). It would have been obvious to one of ordinary skilled in the art to have modify the article holder of Kennedy, Jr. such that the inner surfaces of the sidewalls includes an embossed pattern to provide air flow or circulation between the vessel and the supported article as taught to be desirable by Bryant.
With respect to claim 8, Kennedy, Jr. and Bryant combined discloses the taco holder of claim 6 as advanced above. Additionally, Kennedy, Jr. discloses wherein the intermediate support panel (37) includes a plurality of openings (23).
With respect to claim 9, Kennedy, Jr. and Bryant combined discloses the taco holder of claim 7 as advanced above. Additionally, Kennedy, Jr. discloses wherein the intermediate support panel (37) includes a plurality of openings (23).
Claims 6-9, 15, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Perbet et al (document no. FR 2915189 A1) in view of Bryant et al (US Patent no. 6722522).
With respect to claim 6, Perbet discloses the taco holder of claim 1 as discussed above except wherein the intermediate support panel includes an embossed pattern. Bryant teaches a vessel (34) for food support wherein an intermediate support panel (12, figure 1) includes an embossed pattern (16, 18) to “provide for air flow or circulation between the vessel and a supported article 22” (column 4, lines 15-18). It would have been obvious to one of ordinary skilled in the art to have modify the article holder of Perbet such that the intermediate support panel includes an embossed pattern to provide air flow or circulation between the vessel and the supported article as taught to be desirable by Bryant.
With respect to claim 7, Perbet discloses the taco holder of claim 1 as discussed above except for wherein an inner surface of the first and second sidewalls and an upper surface of the intermediated support panel includes an embossed pattern. Bryant teaches a vessel (34) for food support wherein an intermediate support panel (12, figure 1) and inner surfaces of first and second sidewalls (40) includes an embossed pattern (16, 18) to “provide for air flow or circulation between the vessel and a supported article 22” (column 4, lines 15-18). It would have been obvious to one of ordinary skilled in the art to have modify the article holder of Perbet such that the inner surfaces of the sidewalls includes an embossed pattern to provide air flow or circulation between the vessel and the supported article as taught to be desirable by Bryant.
With respect to claim 8, Perbet and Bryant combined discloses the taco holder of claim 6 as advanced above. Additionally, Perbet discloses wherein the intermediate support panel (61) includes a plurality of openings (29-31, figure 3).
With respect to claim 9, Perbet and Bryant combined discloses the taco holder of claim 7 as advanced above. Additionally, Perbet discloses wherein the intermediate support panel (61) includes a plurality of openings (29-31, figure 3).
With respect to claim 15, Perbet discloses the dual taco holder of claim 10 except for wherein the first intermediate support panel and the second intermediate support panel include an embossed pattern.
Bryant teaches a vessel (34) for food support wherein an intermediate support panel (12, figure 1) includes an embossed pattern (16, 18) to “provide for air flow or circulation between the vessel and a supported article 22” (column 4, lines 15-18). It would have been obvious to one of ordinary skilled in the art to have modify the article holder of Perbet such that the intermediate support panel includes an embossed pattern to provide air flow or circulation between the vessel and the supported article as taught to be desirable by Bryant.
With respect to claim 16, Perbet discloses the dual taco holder of claim 10 except for wherein the first and second outer sidewalls and the first and second inner sidewall portions and the first and second intermediated support panels include an embossed pattern.
Bryant teaches a vessel (34) for food support wherein an intermediate support panel (12, figure 1) and inner surfaces of first and second sidewalls (40) includes an embossed pattern (16, 18) to “provide for air flow or circulation between the vessel and a supported article 22” (column 4, lines 15-18). It would have been obvious to one of ordinary skilled in the art to have modify the article holder of Perbet such that the intermediate support panel and the inner surfaces of the sidewalls includes an embossed pattern to provide air flow or circulation between the vessel and the supported article as taught to be desirable by Bryant.
Claims 7 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al (US Patent no. 6463844) in view of Miller (US Patent no. 10716421)
With respect to claim 7, Wang discloses the taco holder of claim 1 as discussed above, Wang, further discloses wherein an upper surface of the intermediated support panel (bottom of inner pan 48) includes an embossed pattern (50 and 52, figures 7A, 7B, 9 and 11). However, Wang does not disclose wherein an inner surface of the first and second sidewalls includes an embossed pattern. Miller discloses a holder (serving container shown figures 11-18) comprising first and second sidewalls (314, figure 11) extending upwardly on each side of a bottom wall (312, figure 11) with an intermediate panel (330) spaced above the bottom wall and between the sidewalls wherein an inner surface of the first and second sidewalls (314, figure 11) includes an embossed pattern. Such embossed pattern on serving tray are old and well-known in the art and has the well-known advantage of providing reinforced strength and improve aesthetic appearance of the sidewalls of the serving tray. It would have been obvious to one of ordinary skilled in the art to have modify the first and second sidewalls of Wang such that they include embossed pattern to improved aestehetic appearance as such embossed pattern are conventional and well-known as demonstrated by Miller.
With respect to claim 9, Wang and Miller combined discloses the taco holder of claim 7 as discussed above, wherein Wang discloses the intermediate support panel (bottom of inner pan 48, figure 9 and 11) includes a plurality of openings (54 and 56, figures 7A, 7B, 9 and 11).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art of record further demonstrate food holders of interest.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ko (Korie) H Chan whose telephone number is (571)272-6816. The examiner can normally be reached on Monday -Friday, 8:00 - 5:00 EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached on 571-272-8227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Ko H Chan/Primary Examiner, Art Unit 3631
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