DETAILED ACTION
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
Claims 9-16, 19 and 20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 06/09/2026.
Applicant’s election without traverse of Group I (claims 1-8, 17 and 18) in the reply filed on 06/09/2026 is acknowledged.
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.
Claims 1-8, 17 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Faller (4,260,060).
Claim 1
Faller discloses a food storage box configured to store food, the food storage box comprising a base plate (2) configured to support the food to be stored thereon; and a cover (10) configured to cover the food from above, wherein the base plate comprises at least one food lifting opening (5) capable such that a food lifting element is able to penetrate the at least one food lifting opening to lift the food to be stored, wherein a first flap arrangement (defined by structure 4 including portion extending above base plate and portion extending under base plate) is assigned to the at least one food lifting opening and is configured to open and close the at least one food lifting opening (see figures 2 and 5).
Claim 2
Faller further discloses the first flap arrangement is connected and pivotable to the base plate of the food storage box (see figure 5 and column 2 lines 42-62).
Claim 3
Faller further discloses the first flap arrangement comprises one or more folding zones that are each configured to define a pivoting or deflection axis responsive to the first flap arrangement. Faller discloses the flap arrangement pivoting around portions of the flaps connected to the bottom plate (see figure 5), therefore two folding zones, therefore when the flaps are in open position, the flaps are able to support a food product (see figure 4 and column 2 lines 42-62).
Claim 4
Faller further discloses in a closed state, the first flap arrangement substantially fully covers at least the food lifting opening (see figures 2 and 5).
Claims 5, 6 and 17
Faller further discloses the first flap arrangement is attached at an inner side of the base plate of the food storage box (see figures 2 and 5). Claims 6 and 17 are rejected because the limitations of those claims belong to a no elected optional limitation from claim 5.
Claim 7
Faller further discloses the base plate and the cover are pivotably connected to each other by a common side wall (12) (see figure 2).
Claims 8 and 18
Faller further discloses the base plate comprises base plate side walls (defined by 12, 14, 16 and 18) and the cover comprises cover side walls (defined by 26, 28 and 30) (see figure 2). Claim 18 is rejected because the limitation in this claim belongs to a no elected optional limitation from claim 8.
Conclusion
Examiner has cited particular paragraphs and/or columns and line numbers in the references as applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested of the applicant, in preparing responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or prior art(s) disclosed by the Examiner (in the attached PTO-892 form).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAFAEL A. ORTIZ whose telephone number is (571)270-5240. The examiner can normally be reached Monday - Friday 9am - 6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E. Aviles 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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RAFAEL A. ORTIZ
Primary Examiner
Art Unit 3736
/RAFAEL A ORTIZ/Primary Examiner, Art Unit 3736
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