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 .
Claim Interpretation
The torque reaction component (TRC) is any element capable of absorbing a torque from an externally attached component (e.g., a bracket) such that the attached component is stabilized and rotation in the circumferential direction is prohibited. The TRC could be a surface projection or recess. For example, the TRC could be a vertically extending rib. Within applicant’s drawings several different components can be considered as TRCs and the TRC is labeled as reference numeral 502 (e.g., see Fig. 13).
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.
Claim 8 is 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 8 recites the limitation "the protrusion tab" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim. Which one? There are first and second protrusion tabs in claim 4 from which claim 8 depends.
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.
Claim(s) 2-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tsay (US 7721771) in view of Globerman et al. (US 2010/0065154) (Globerman) (cited by applicant).
Tsay discloses a vacuum sealable container assembly (vacuum container 10 and container 90 which acts as a lid to close and seal open end 11 as shown in Fig. 3) for securing and transporting extraterrestrial samples (Tsay is specifically made for food products or precision devices but this is a functional limitation and the assembly is capable of securing and transporting extraterrestrial samples), the vacuum sealable container assembly defining an axial direction (vertical direction as shown in Fig. 3), a radial direction (radially outward from central, longitudinal axis), and a circumferential direction (as a curving direction, e.g., around the outer circumference of the outer wall), the vacuum sealable container assembly comprising: a container body (10); a lid assembly (90) detachably coupled to the container body. Tsay fails to disclose the (1) lid assembly components: input shaft, output shaft, handle member, planetary gearbox and (2) the TRC extending from the container body.
Globerman teaches a mixing assembly (see Fig. 3A – 3D) attached to a lid, comprising: an input shaft (wall 205) extending along the axial direction and configured to receive a rotational input, an output shaft (center mixing arm 302) extending along the axial direction and coupled to the input shaft, and a handle member (310) coupled to the input shaft, the handle member configured to impart a rotational force to the input shaft; a planetary gearbox (planetary gear 305 and sun gear formed on support element 208) comprising a sun gear sun gear formed on support element 208) fixed to the input shaft. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the present invention to add the mixing assembly as taught by Globerman to the lid of Tsay to provide the capability of mixing a content of the vacuum container.
Globerman teaches a TRC extending from the container body (knurled outer surface of container body shown in Fig. 3A and 3D is alternating vertical extending ribs and grooves as one progresses in the circumferential direction, e.g., the TRC is one or more of the ribs). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the present invention to add the knurled outer surface and the one or more vertical ribs of Globerman to the outer surface of the container body of Tsay to provide a better grip to prevent slippage and dropping of the vacuum sealable container.
Re claim 3, the at least one torque reaction component comprises a protrusion tab (vertical rib added by modification) protruding along the radial direction from the container body and extending along the axial direction.
Re claim 4, the protrusion tab is a first protrusion tab (a first vertical rib added by modification), and wherein the at least one torque reaction component comprises a second protrusion tab (a second vertical rib added by modification) spaced apart from the first protrusion tab along the circumferential direction.
Claim(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tsay in view of Globerman and Stuemke (US 7240910).
Tsay discloses a vacuum sealable container assembly (vacuum container 10 and container 90 which acts as a lid to close and seal open end 11 as shown in Fig. 3) for securing and transporting extraterrestrial samples (Tsay is specifically made for food products or precision devices but this is a functional limitation and the assembly is capable of securing and transporting extraterrestrial samples), the vacuum sealable container assembly defining an axial direction (vertical direction as shown in Fig. 3), a radial direction (radially outward from central, longitudinal axis), and a circumferential direction (as a curving direction, e.g., around the outer circumference of the outer wall), the vacuum sealable container assembly comprising: a container body (10); a lid assembly (90) detachably coupled to the container body. Tsay fails to disclose: (1) the lid assembly components: input shaft, output shaft, handle member, planetary gearbox; (2) the TRC extending from the container body and (3) the bracket.
Globerman teaches a mixing assembly (see Fig. 3A – 3D) attached to a lid, comprising: an input shaft (wall 205) extending along the axial direction and configured to receive a rotational input, an output shaft (center mixing arm 302) extending along the axial direction and coupled to the input shaft, and a handle member (310) coupled to the input shaft, the handle member configured to impart a rotational force to the input shaft; a planetary gearbox (planetary gear 305 and sun gear formed on support element 208) comprising a sun gear sun gear formed on support element 208) fixed to the input shaft. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the present invention to add the mixing assembly as taught by Globerman to the lid of Tsay to provide the capability of mixing a content of the vacuum container.
Globerman teaches a TRC extending from the container body (knurled outer surface of container body shown in Fig. 3A and 3D is alternating vertical extending ribs and grooves as one progresses in the circumferential direction, e.g., the TRC is one or more of the ribs). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the present invention to add the knurled outer surface and the one or more vertical ribs of Globerman to the outer surface of the container body of Tsay to provide a better grip to prevent slippage and dropping of the vacuum sealable container.
Stuemke teaches a bracket (caddy 14) selectively coupled with the container body (container 12) via the at least one torque reaction component (TRC) (side panels 58 of handle 16 extending outwardly from outer sidewall surface of container body 12) , wherein the bracket (14) is configured to interact with the at least one torque reaction component (58) to inhibit a rotation of the container body along the circumferential direction. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the present invention to add the bracket to provide the convenience of attaching and storing accessories along the sidewall of the container body.
Claim(s) 5-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tsay in view of Globerman as applied to claims 2 and 4 above, and further in view of Stuemke.
The Tsay in view of Globerman combination fails to disclose the bracket. Stuemke teaches a bracket (caddy 14) selectively coupled with the container body (container 12) via the at least one torque reaction component (TRC) (side panels 58 of handle 16 extending outwardly from outer sidewall surface of container body 12) , wherein the bracket (14) is configured to interact with the at least one torque reaction component (58) to inhibit a rotation of the container body along the circumferential direction. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the present invention to add the bracket to provide the convenience of attaching and storing accessories along the sidewall of the container body.
Re claim 6, the bracket comprises: a main body (caddy body 30), the main body defining a receiving groove (brace 36 of C-shaped configuration) in which the container body is selectively received in an installed position, the receiving groove defining an inner face (curved surface or face 44); and at least one channel (one of slots 56) formed in the inner face, the at least one channel (56) extending along the axial direction from a top to a bottom of the main body.
Re claim 7, the at least one channel is a first channel (first slot 56), and wherein the bracket further comprises a second channel (second slot 56) spaced apart from the first channel along the circumferential direction.
Re claim 8, the protrusion tab (58) is selectively received within the at least one channel (56) when the container body is in the installed position.
Re claim 9, the at least one torque reaction component comprises: a bracket member (caddy 14) selectively attached to the container body, the bracket member extending along the radial direction, wherein the bracket member comprises: a bracket body (caddy body 30) extending from container body; and at least one fastening hole (any of the holes for attaching scrub brush, spray bottle, broom and other various cleaning related tools or accessories) defined within the bracket body, wherein the at least one fastening hole is configured to selectively couple (configured to selectively couple is functional limitation) the bracket member to an external coupling to restrict a rotational movement of the container body with respect to the external coupling (the fastening hole has the capability to couple to an external coupling).
Re claim 10, the external coupling is not a positively recited element as it was introduced within a functional limitation within claim 9, the fastening hole has the capability to couple to an external coupling, when the external coupling is one of a vehicle, a tool belt, a space suit, or a ladder.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHEN J CASTELLANO whose telephone number is (571)272-4535. The examiner can normally be reached Monday - Friday.
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sjc /STEPHEN J CASTELLANO/Primary Examiner, Art Unit 3733
