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 .
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.
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.
Claims 2 and 3 are 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.
In claim 2, is “a first fastening section formed on one side of the upper surface of the cover plate,” introducing an additional fastening section or is “a first fastening section” a fastening section of the plurality of fastening sections introduced in claim 1? For the purposes of examination, the latter is assumed.
Regarding claim 3, the language, “the second fastening section and the third fastening section of the fastening sections are formed in opposite directions to be able to distribute the weight of food stored in containers” is unclear. The figures and specification describe fastening sections being on opposite sides of the cover/lid or that the secondary container are inserted or slid onto the lid from opposite directions, but the fastening sections do not appear to be formed “in opposite directions” per se. The sliding for each of the fastening sections is along parallel axes from opposite directions; the openings of each fastening section faces opposite directions. Furthermore, each of the fastening sections are three dimensional and have three directions. Which of the directions of the second and third fastening sections are opposite?
For the purposes of examination, claim 3 is interpreted to mean that the second and third fastening sections are open on opposite sides of the lid/cover.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yen et al. (US 2022/0267050).
Regarding claim 1, Yen discloses a food storage container that can be configured as set, comprising:
a storage unit at 102, fig. 1A, formed by a mold for manufacturing the storage unit and having an open top to be able to store food; and
a cover unit at 162, fig. 1A, formed by a mold for manufacturing the cover unit and configured to cover the top of the storage unit to be able to prevent entry of foreign substances and to block leakage of stored food,
wherein a plurality of fastening sections at 166 (notches), fig. 4A, is formed on one side and another side of an upper surface of the cover unit so that, as seen in figs. 7A, 7C and 9A, containers individually storing food that can be eaten together with food stored in the storage unit can be detachably fastened thereto as a set and the food stored in the containers can be prevented from leaking during transportation [0035-0036].
Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over Yen (US 2022/0267050) in view of Gosen et al. (US 9108766).
Regarding claims 1 and 2, Yen discloses a food storage container that can be configured as set, comprising:
a storage unit at 102, fig. 1A, formed by a mold for manufacturing the storage unit and having an open top to be able to store food; and
a cover unit at 162, fig. 1A, formed by a mold for manufacturing the cover unit and configured to cover the top of the storage unit to be able to prevent entry of foreign substances and to block leakage of stored food,
wherein a plurality of fastening sections, see fig. 7A, 7C, and 9A, one first fastening section of rail 164 on one end (one side) of the cover unit (lid) and a second fastening section (another side) on the opposite section of the rail 164 so that, as seen in figs. 7A, 7C and 9A, containers individually storing food that can be eaten together with food stored in the storage unit can be detachably fastened thereto as a set and the food stored in the containers can be prevented from leaking during transportation;
the fastening sections (first and second) include, as seen in fig. 7A-C, a first receiving groove with one side open (the receiving groove is formed under the “rail” 164), [0035] to be able to receive a container storing in a sliding manner, [0036], and having a first fastening groove there is a groove, “notch” 166 formed on an inner surface of the first receiving groove to prevent separation by fastening the container storing food, a first and a second receiving groove is formed on opposing sides of the rail such that there is a first and a second receiving groove with one side open to be able to receive a container storing food,[0036] and having second fastening grooves (166 “notches”) formed on opposite inner surfaces of the second receiving groove (four notches/ fastening grooves are formed, two on each receiving groove) to prevent separation by fastening a container storing food.
Yen does not disclose a third fastening section formed on a rear other side of the upper surface of the cover plate by being positioned at one side of the second fastening section.
However, Gosen is analogous art in regard to container systems. As seen in fig. 6A, a container system at 300 has two adjacent fastening sections for two smaller containers 100 and a third fastening section behind the two adjacent fastening sections for a container at 200.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify (increase) the number of fastening sections of Yen to have two front and one rear fastening section in order to hold more containers with variable volumes as per the teaching of Gosen.
Adding a third fastening section to Yen, as modified above results in at least a third receiving groove with receiving grooves (notches 166) of at least a second rail with one side open to be able to receive a container storing food.
Regarding claim 3, as modified above the third, “rear” fastening section and a second (front) fastening section of the fastening sections are formed such that containers can be slid onto the lid in opposite directions to be able to distribute the weight of food stored in containers. In other words, a short container can be slid onto a front rail from either a left or a right side of the open grooves, a larger container can be slid onto a second, rear, rail from either a left or a right side such that containers are capable of being slid onto the fastening sections of Yen as modified above from opposite directions. The weight is distributed because the food stored in the containers is distributed over the whole lid/cover, as seen in fig. 9A of Yen or 6A of Gosen.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ramundi (US 2009/0095757) discloses a container lid 24 with a rail and groove system at 72 for slidingly engaging a secondary container 26, fig. 1.
Kim (US 2015/0232230), fig. 7 discloses a container system with a lid at 110a and two grooves 112a and 113a that are open on opposing ends of the lid to receive a secondary container, reference fig. 4.
Persi (US 8317024), fig. 1 and 6 teaches a container with a lid for holding a plurality of secondary containers.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOLLIE L IMPINK whose telephone number is (571)270-1705. The examiner can normally be reached Monday-Friday (7:30-3:30).
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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.
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/MOLLIE IMPINK/Primary Examiner, Art Unit 3799
MOLLIE LLEWELLYN IMPINK
Primary Examiner
Art Unit 3799
