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 .
DETAILED ACTION
Claims 1 – 30 have been examined.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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 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, 5 – 9, 13 – 17, 21 – 24, and 28 – 30 are rejected under 35 U.S.C. 103 as being unpatentable over Shall (2003/0011173) in view of Er (CN207809426). In regard to claim 1, Shall discloses a collapsible container configured to transition from a closed condition where it is folded up to an open condition where it is expanded for use, the collapsible container comprising a frame defining a compartment, wherein the frame comprises at least five walls, with at least three of the walls configured to rotatably fold inwardly when the container is folded up into the closed condition, two of which are opposing walls, the two opposing walls each being rotatably coupled to a wall that does not fold inwardly when the container is folded up into the closed condition (Figs. 1 – 2 and 4 – 5, items 18, 20, 22, and 24), one of the two opposing walls consists of a first panel and a second panel, and the second panel rotatably coupled to the first panel (Fig. 1, items 20A and 20B).
In regard to claim 9, Shall discloses a collapsible container configured to transition from a closed condition where it is folded up to an open condition where it is expanded for use, the collapsible container comprising a frame defining a compartment, wherein the frame comprises at least five walls, including a first wall, a second wall, a third wall, a fourth wall, and a fifth wall, at least three of the walls are configured to fold inwardly toward the fifth wall when the container is in the closed condition (Figs. 1 – 2 and 4 – 5, items 18, 20, 22, and 24), the third wall comprises a first panel and a second panel, the second panel rotatably coupled to the first panel (Fig. 1, items 20A and 20B).
In regard to claim 17, Shall discloses A collapsible container configured to transition from a closed condition where it is folded up to an open condition where it is expanded for use, the collapsible container comprising a frame defining a compartment, wherein the frame comprises a first wall, a second wall, a third wall, a fourth wall, and a fifth wall, at least the first, second, and third walls are configured to fold inwardly toward the fifth wall to the closed condition (Figs. 1 – 2 and 4 – 5, items 18, 20, 22, and 24), and the third wall comprises a first panel and a second panel, the second panel rotatably coupled to the first panel (Fig. 1, items 20A and 20B).
In regard to claim 24, Shall discloses a collapsible container configured to transition from a closed condition where it is folded up to an open condition where it is expanded for use, the collapsible container comprising a frame defining a compartment, wherein the frame comprises at least five walls, including a first wall, a second wall, a third wall, a fourth wall, and a fifth wall, at least three of the walls are configured to fold inwardly toward the fifth wall when the container is in the closed condition (Figs. 1 – 2 and 4 – 5, items 18, 20, 22, and 24), wherein the third wall comprises a first panel and a second panel, the second panel rotatably coupled to the first panel (Fig. 1, items 20A and 20B).
In regard to claims 6, 14, 22, and 29, Shall discloses wherein the first panel and second panel are solid (Fig. 1).
Shall does not disclose mating latch parts. In regard to claim 1, Er discloses a collapsible container comprising a first latch part disposed on an edge of a first panel when the collapsible container is in the closed condition and the open condition and a second latch part disposed on an edge of the second panel when the collapsible container is in the closed condition and the open condition (Fig. 1, items 1211 and 1221), wherein the first latch part and the second latch part are configured to mate with one another and hold the first and second panels in a common plane when the first and second latch parts are latched together (Fig. 3), and when the first and second latch parts are unlatched from one another, the second panel is capable of rotating relative to the first panel (Fig. 6).
In regard to claim 9, Er discloses a collapsible container comprising a fastener configured to selectively secure a first panel and a second panel in a substantially coplanar alignment, the fastener comprising a first fastener member integrally disposed on an edge of the first panel when the collapsible container is in the closed condition and the open condition and a second fastener member integrally disposed on an edge of the second panel when the collapsible container is in the closed condition and the open condition (Fig. 1, items 1211 and 1221), wherein the first fastener member and the second fastener member are configured to mate with one another to hold the first panel and the second panel in the substantially coplanar alignment (Fig. 3), and wherein, when the first fastener member and the second fastener member are disengaged, the second panel is capable of rotating relative to the first panel (Fig. 6).
In regard to claim 17, Er discloses a collapsible container comprising a coupler configured to selectively secure a first panel and a second panel in a substantially coplanar alignment, the coupler comprising a first coupler member disposed on an edge of the first panel when the collapsible container is in the closed condition and the open condition and a second coupler member disposed on an edge of the second panel when the collapsible container is in the closed condition and the open condition (Fig. 1, items 1211 and 1221), wherein the first coupler member and the second coupler member are configured to mate with one another to hold the first panel and the second panel in the substantially coplanar alignment (Fig. 3), and wherein, when the first coupler member and the second coupler member are disengaged, the second panel is able to rotate relative to the first panel (Fig. 6).
In regard to claim 24, Er discloses a collapsible container comprising a lock assembly integrally disposed on an edge of a first panel and on an edge of a second panel both when the collapsible container is in the closed condition and when the collapsible container is in the open condition (Fig. 1, items 1211 and 1221), the lock assembly being configured to selectively secure the first panel and the second panel together in a substantially coplanar alignment (Fig. 3), wherein when the collapsible container is in the open condition and the first panel and the second panel are not selectively secured together in substantially coplanar alignment by the lock assembly, the second panel is capable of rotating relative to the first panel (Fig. 6).
In regard to claims 5, 13, 21, and 28, Er discloses wherein one of the first latch part and the second latch part comprises a slideable member (Fig. 1, item 16).
In regard to claims 7, 15, 23, and 30, Er discloses wherein the first panel and second panel include a plurality of apertures (Fig. 1).
In regard to claims 8 and 16, Er discloses wherein one or more of the walls is with a ribbed pattern (Fig. 1).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the mating latch parts of Er to the collapsible container of Shall in order to provide a secure and easily toggled folding latch which does not separate from the container and, thus, cannot be lost or misplaced.
Shall in view of Er does not disclose the material used for manufacture of the container. In regard to claims 8 and 16, It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide molded plastic for container construction, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use. In re Leshin, 125 USPQ 416.
Claims 2 – 3, 10 – 11, 18 – 19, and 24 – 25 are rejected under 35 U.S.C. 103 as being unpatentable over Shall (2003/0011173) in view of Er (CN207809426) as applied to claims 1, 5 – 9, 13 – 17, 21 – 24, and 28 – 30 above, and further in view of Collignon et al. (4,205,413). Shall in view of Er does not disclose the use of a locking caster. In regard to claims 2, 10, 18, and 25, Collignon discloses a plurality of rotatable swivel wheels coupled to the bottom of a container (Fig. 1, item 12).
In regard to claims 3, 11, 19, and 24, Collignon discloses wherein the plurality of rotatable swivel wheels includes at least one wheel locking assembly (Fig. 4, item 18).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the locking casters of Collignon to the collapsible container of Shall in view of Er in order to improve handling/steering of the container to a user.
Claims 4, 12, 20, and 27 are rejected under 35 U.S.C. 103 as being unpatentable over Shall (2003/0011173) in view of Er (CN207809426) as applied to claims 1, 5 – 9, 13 – 17, 21 – 24, and 28 – 30 above, and further in view of Kady (7,147,243). Shall in view of Er does not disclose the use of a rigid cover. In regard to claims 4, 12, 20, and 27, Kady discloses a collapsible container comprising a rigid cover panel conforming in shape to a top opening of a compartment in an open condition (Fig. 8, item 102).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the rigid cover of Kady to the collapsible container of Shall in view of Er in order to protect items held within the container.
Response to Arguments
Applicant’s arguments, see page 9, filed 03 February 2026, with respect to the rejections of claims 1 – 30 under 35 U.S.C. 102 and 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Shall (2003/0011173) in view of Er (CN207809426), Collignon et al. (4,205,413), and Kady (7,147,243).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN DANIEL WALTERS whose telephone number is (571)272-8269. The examiner can normally be reached M-F, 8 am - 5 pm (PT).
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/JOHN D WALTERS/Primary Examiner, Art Unit 3613