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 .
This office action is in response to the reply filed on 8/25/2026, wherein claim 14 was amended. Claims 14-32 are pending.
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 14-32 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12 of U.S. Patent No. 12,297,005. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Regarding claim 14, Patent ‘005 (claim 1) discloses the claimed subject matter.
Regarding claim 15, Patent ‘005 (claim 1) discloses the claimed subject matter.
Regarding claim 16, Patent ‘005 (claim 1) discloses the claimed subject matter.
Regarding claim 17, Patent ‘005 (claim 2) discloses the claimed subject matter.
Regarding claim 18, Patent ‘005 (claim 8) discloses the claimed subject matter.
Regarding claim 19, Patent ‘005 (claim 9) discloses the claimed subject matter.
Regarding claim 20, Patent ‘005 (claim 10) discloses the claimed subject matter.
Regarding claim 21, Patent ‘005 (claim 1) discloses the claimed subject matter.
Regarding claim 22, Patent ‘005 (claim 3) discloses the claimed subject matter.
Regarding claim 23, Patent ‘005 (claim 4) discloses the claimed subject matter.
Regarding claim 24, Patent ‘005 (claim 1) discloses the claimed subject matter.
Regarding claim 25, Patent ‘005 (claim 5) discloses the claimed subject matter.
Regarding claim 26, Patent ‘005 (claim 6) discloses the claimed subject matter.
Regarding claim 27, Patent ‘005 (claim 1) discloses the claimed subject matter.
Regarding claim 28, Patent ‘005 (claim 1) discloses the claimed subject matter.
Regarding claim 29, Patent ‘005 (claim 1) discloses the claimed subject matter.
Regarding claim 30, Patent ‘005 (claim 7) discloses the claimed subject matter.
Regarding claim 31, Patent ‘005 (claims 1 and 12) discloses the claimed subject matter.
Regarding claim 32, Patent ‘005 (claim 11) discloses the claimed subject matter.
Allowable Subject Matter
Claims 14-32 would be allowable upon filing of a proper terminal disclaimer to overcome the double patenting rejections set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter: The prior art does not disclose a container comprising: a unitary tray comprising an uppermost surface spanning an inner surface and an outer surface, the uppermost surface at least partially defining a groove; and a unitary lid defining a horizontally-disposed uppermost wall spanning an inner wall and an outer wall, wherein when the perimeter engaging wall is received in the perimeter engaging receiver, the horizontally-disposed uppermost wall of the perimeter engaging receiver covers the groove and defines a volume between the uppermost wall of the perimeter engaging receiver and the groove, in combination with the other structural limitations of the claim.
Conclusion
THIS ACTION IS MADE FINAL. 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 STEVEN A REYNOLDS whose telephone number is (571)272-9959. The examiner can normally be reached M-F 9am-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, Anthony Stashick can be reached at (571) 272-4561. 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.
/STEVEN A. REYNOLDS/Primary Examiner, Art Unit 3735
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