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.
Claim(s) 1-8,10-16,18-21, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Roberts (PCT/AU/2022051025) (filed 08/25/2022) (copy provided in file).
With respect to claim 1, Roberts shows an insulating container (10) comprising: a plurality of walls defining an outer body member (100);a base member (112) configured to support the outer body member (100), the plurality of walls extending from the base (112); a liner (400) disposed within and spaced apart from the plurality of walls, the liner (400) defining an internal cavity of the insulating container (10);a lid (200) releasably and pivotally coupled to the outer body member (100), the lid (200) being configured to move between an open position in which the internal cavity of the insulating container (10) is accessible and a closed position in which the lid (200) forms a seal with the liner (400), the lid (200) being pivotable in a first direction (fig. 7) and a second direction (fig. 8) opposite the first direction (fig. 7) to move from the closed position to the open position; a latching assembly (assembly hinging or latching lid to container) configured to releasably secure the lid (200) to the outer body member (100), the latching assembly comprising: an upper latch member( (the extension holding pin 226 see fig. 7) fixedly coupled to the lid (200);a lower latch member (220) pivotable between a pivoting position and a release position; and a pin member (226) that couples the upper latch member( (the extension holding pin 226 see fig. 7) to the lower latch member (220), the upper latch member( (the extension holding pin 226 see fig. 7) being pivotable relative the pin member (226); and a knuckle (228) fixedly attached to the outer body member (100) and extending between the outer body member (100) and the liner (400), the knuckle (228) including a seat for receiving the pin member (226) of the latching assembly. (fig. 7 and 8, shows four latches that act as hinges, open either side)
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With respect to claim 2, Roberts shows wherein the lid (200) is translatable from the closed position to the open position when the lower latch member (220) is in the pivoting position (pivot to the open postion).
With respect to claim 3, Roberts shows wherein the lid (200) is fully removable from the outer body member (100) when the lower latch member (220) is in the release position. (fig. 22 show lid fully removed)
With respect to claim 4, Roberts shows 4. The insulating container (10) of claim 1, wherein the lid (200) further includes a gasket (410) for forming the seal with the liner (400) when the lid (200) is in the closed position.
With respect to claim 5, Roberts shows wherein the latching assembly includes a plurality of latching assemblies, and the plurality of latching assemblies are disposed on opposing walls of the outer body member (100). (four shown in fig. 3)
With respect to claim 6, Roberts shows wherein the liner (400) further defines a plurality of slots (406) extending longitudinally within the internal cavity.
With respect to claim 7, Roberts shows further comprising a plurality of partitions (408) received by the plurality of slots (406), such that the plurality of partitions (408 , see fig. 5) divide the internal cavity into a plurality of compartments.
With respect to claim 8, Roberts shows further comprising a first handle component fixedly attached to a first wall of the plurality of walls of the outer body member (100) and a second handle component fixedly attached to a second wall positioned opposite of the first wall. (fig. 22, shows handles at top end of sides)
With respect to claim 10, Roberts shows further comprising an insulation material (paragraph [82] discloses insulation in space (24)) disposed between the outer body member (100) and the liner (400).
With respect to claim 11, Roberts shows wherein the latching assembly includes at least a first latching assembly secured to a first side of the outer body member (100) and a second latching assembly secured to a second side of the outer body member (100) opposite the first side. (see fig. 7)
With respect to claim 12, Roberts shows wherein, when the lower latch member (220) of the first latching assembly (220 front right fig. 7) is in the pivoting position (fig. 7) and the lower latch member (220) of the second latching assembly (back right 220 in fig. 7) is in the release position, the lid (200) pivots in the first direction (fig. 7) relative the first latching assembly between the open position and the closed position.
With respect to claim 13, Roberts shows wherein, when the lower latch member (220) of the second latching assembly is in the pivoting position and the lower latch member (220) of the first latching assembly is in the release position, the lid (200) pivots in the second direction (fig. 8) relative the second latching assembly between the open position and the closed position.
With respect to claim 14, Roberts shows further comprising a cup holder (202) mechanism securable to the outer body member (100).
With respect to claim 15, Roberts shows further comprising a drain (500) formed within at least one of the plurality of walls defining the outer body member (100), the drain (500) extending between the internal cavity and the outer body member (100).
With respect to claim 16, Roberts shows further comprising a drain plug (504) configured to be releasably received by the drain and form a seal with the drain.
With respect to claim 18, Roberts shows wherein the base member (112) further includes a plurality of wheels (fig. 20) fixedly secured to the base member (112).
With respect to claim 19, Roberts shows wherein the lower latch member (220) is non-planar with the outer body member (100) and the upper latch member ( the extension holding pin 226 see fig. 7) is non-planar with the lid (200).
With respect to claim 20, Roberts shows an insulating container (10) comprising: a plurality of walls defining a rigid outer body member (100);a rigid base member (112) configured to support the outer body member (100);a liner (400) disposed within and spaced apart from the plurality of walls, the liner (400) defining an internal cavity of the insulating container (10); a lid (200) releasably and pivotally coupled to the rigid outer body member (100), the lid (200) being configured to move between an open position in which the internal cavity of the insulating container (10) is accessible and a closed position in which the lid (200) forms a seal with the liner (400); a first latching assembly (1 of 4 220) and a second latching (2nd of 4 220) assembly configured to releasably secure the lid (200) to the rigid outer body member (100), the first latching assembly and the second latching assembly each comprising: an upper latch member( (the extension holding pin 226 see fig. 7) fixedly coupled to the lid (200);a lower latch member (220) pivotable between a pivoting position (closed) and a release position (open); and a pin member (226) that couples the upper latch member( (the extension holding pin 226 see fig. 7) to the lower latch member (220), the upper latch member( (the extension holding pin 226 see fig. 7) being pivotable relative the pin member (226); and a plurality of knuckle (228) fixedly attached to the outer body member (100) and extending between the outer body member (100) and the liner (400), each of the plurality of knuckles (228) including a seat (228 is a seat) for receiving the pin member (226) of each of the first latching assembly and the second latching assembly; wherein when the lower latch member (220) of the first latching assembly is in the pivoting position and the lower latch member (220) of the second latching assembly is in the release position, the lid (200) pivots relative the first latching assembly between the open position and the closed position.
With respect to claim 21, Roberts shows wherein, when the lower latch member (220) of the second latching assembly is in the pivoting position (closed) and the lower latch member (220) of the first latching assembly is in the release position (open), the lid (200) pivots relative the second latching assembly between the open position and the closed position. (fig. 7, open on one side)(fig. 8 open on the other side)
Allowable Subject Matter
Claims 9,17, 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.
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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
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