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 .
Application Status
This action is responsive to the claims filed 14 February 2026.
Claims 1-20 are currently pending and being examined.
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 11-20 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.
Claims 11-20 line 10 recites “a respective first through hole”, which as previously recited in claim 1, it is unclear if this is the same through hole because claim 11 depends from claim 1 or a new hole. Examiner will interpret as “the respective first through hole”.
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.
Claim(s) 1-5, 9, 11-15, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rausch (US 2015/0052850) in view of McDonald (US 2018/0259092).
Rausch teaches:
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Claim 1: A food tray (90-fig.1), for detachably installing (¶[0047],[0055]-[0057]) in a vacuum chamber (22-fig.5) of a vacuum sealer (20-fig.5), comprising a base plate (126-fig.5) and a peripheral wall (130-fig.5) formed by upwardly bending an outer edge of the base plate (¶[0056]), wherein the base plate and the peripheral wall enclose to form a containment space for food (¶[0035]), the base plate comprises a recessed portion (annotated fig.5) formed by depressing a central area (annotated fig.5) of the base plate downward, and an extended portion (130-fig.5 and annotated fig.5) formed by extending outward from an outer edge of the recessed portion (see annotated fig.5), the extended portion is provided with a first through hole (annotated fig.6) therein, an upper end of the first through hole is in communication with the containment space (see annotated figs.5-6 showing the through holes in communication with 22), and the first through hole is configured to allow a conductive column (110-fig.6) of the vacuum sealer to pass through (see annotated fig.6 showing 110 passing through to 22), such that an upper end of the conductive column extends into the containment space (see fig.5 showing the upper end of 110 in 22).
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Rausch does not expressly teach the extended portion is provided with two first bosses formed by protruding upward and each of the first bosses is provided with a first through hole.
However, McDonald teaches an extended portion is proved with a boss (annotated fig.14) formed by protruding upward and provided with a through hole (annotated fig.14).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the food tray of Rausch, by having the through hole be surrounded by a boss, as taught by McDonald, by simplifying the design of the tray and therefore no longer needing a washer and nut to raise the piston further into the containment area.
Rausch as modified by McDonald further teaches:
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Claim 2: The food tray according to claim 1, wherein one end of a second through hole is in communication with the containment space, and another end of the second through hole is configured for connecting to a vacuum pump of the vacuum sealer (Rausch: 102-fig.5; ¶[0048]; see fig. 5 showing one side of the hole is to the containment space and other to 100).
Rausch does not expressly teach a second boss formed by protruding upward, the second boss is provided with a second through hole therein.
However, McDonald teaches a boss (annotated fig.14) formed by protruding upward and provided with a through hole (annotated fig.14).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the food tray of Rausch, by having the through hole be surrounded by a boss, as taught by McDonald, by simplifying the design of the tray and therefore no longer needing a washer and nut to raise the piston further into the containment area.
Claim 3: The food tray according to claim 2, wherein a bottom of the first boss and a bottom of the second boss are both higher than the outer edge of the recessed portion (McDonald: see annotated fig.14 showing the boss is higher than the base).
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Claim 4: The food tray according to claim 1, wherein the peripheral wall (Rausch: 130-fig.5) is provided with a second through hole (annotated fig.5) therein, one end of the second through hole is in communication with the containment space, and another end of the second through hole is configured for connecting to a vacuum pump of the vacuum sealer (Rausch: 102-fig.5; ¶[0048]; see fig. 5 showing one side of the hole is to the containment space and other to 100).
Claim 5: The food tray according to claim 1, wherein the food tray comprises a bag clip (Rausch: 188-fig.5), and the bag clip is installed on an inner wall of the peripheral wall (Rausch: ¶[0080]-[0081]).
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Claim 9: The food tray according to claim 1, wherein an edge of the peripheral wall (Rausch: 130-fig.5) is bent inward to form a flange (Rausch: annotated fig.5).
Claims 11-15 and 19: A vacuum sealer (Rausch: 20-fig.2), comprising:
a main housing (Rausch: 24-fig.1) provided with a vacuum chamber (Rausch: 48-fig.5) therein;
a lid (Rausch: 92-fig.1) installed on the main housing (Rausch: ¶[0047]), wherein the lid is configured to open or close the vacuum chamber (Rausch: ¶[0047]);
two conductive columns (Rausch: 110-fig.6) installed on the main housing (Rausch: ¶[0050]), wherein an upper end of each of the two conductive columns extends into the vacuum chamber (Rausch: see fig. 6 showing 110 extending into the chamber);
a heating bar (Rausch: 106-fig.6) disposed in the vacuum chamber (Rausch: ¶[0049]-[0051]); and
the food tray according to claims 1-5 and 9 (see claims 1-5 and 9 above), wherein the food tray is detachably installed in the vacuum chamber (Rausch: see fig.5-6 showing 90 is capable of being removed), and the upper end of each of the two conductive columns passes through a respective first through hole of the food tray to electrically connect to the heating bar (Rausch: see annotated fig.6 in claim 1 showing 110 passing through their respective through holes and connecting to seal bar 106).
Claim(s) 6 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rausch (US 2015/0052850) in view of McDonald (US 2018/0259092), further in view of Ehrmann (US 2018/0273225).
Rausch as modified by McDonald teaches:
Claim 6: The food tray according to claim 1.
Rausch as modified by McDonald does not expressly teach the food tray comprises a temperature sensor, and the temperature sensor is installed on the recessed portion.
However, Ehrmann teaches a food tray (32-fig.4a) comprises a temperature sensor (40-fig.4a; claim 10), and the temperature sensor is installed on the recessed portion (see fig.4a showing 40 installed on the recessed portion of 32).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the device of Rausch as modified by McDonald, by adding a temperature sensor, as taught by Ehrmann, to ensure proper sealing conditions based on the measuring in relation to the program selected. (Ehrmann ¶[0022]-[0023])
Rausch as modified by McDonald and Ehrmann teaches:
Claim 16: A vacuum sealer (Rausch: 20-fig.2), comprising:
a main housing (Rausch: 24-fig.1) provided with a vacuum chamber (Rausch: 48-fig.5) therein;
a lid (Rausch: 92-fig.1) installed on the main housing (Rausch: ¶[0047]), wherein the lid is configured to open or close the vacuum chamber (Rausch: ¶[0047]);
two conductive columns (Rausch: 110-fig.6) installed on the main housing (Rausch:¶[0050]), wherein an upper end of each of the two conductive columns extends into the vacuum chamber (Rausch: see fig. 6 showing 110 extending into the chamber);
a heating bar (Rausch: 106-fig.6) disposed in the vacuum chamber (Rausch: ¶[0049]-[0051]); and
the food tray according to claim 6 (see claim 6 above), wherein the food tray is detachably installed in the vacuum chamber (Rausch: see fig.5-6 showing 90 is capable of being removed), and the upper end of each of the two conductive columns passes through a respective first through hole of the food tray to electrically connect to the heating bar (Rausch: see annotated fig.6 in claim 1 showing 110 passing through their respective through holes and connecting to seal bar 106).
Claim(s) 8 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rausch (US 2015/0052850) in view of McDonald (US 2018/0259092), further in view of Lubow (US 2022/0411116).
Rausch as modified by McDonald teaches:
Claim 8: The food tray according to claim 1.
Rausch as modified by McDonald does not expressly teach the food tray comprises a load cell disposed in the vacuum chamber, and the load cell is installed on a bottom surface of the base plate.
However, Lubow teaches a tray (20-fig.5) comprises a load cell disposed in the vacuum chamber (¶[0042]), and the load cell is installed on a bottom surface of the base plate (¶[0042]).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the device of Rausch as modified by McDonald, by adding a load cell, as taught by Lubow, “gives the chamber the ability to tare and measure masses of the contents of the container”. (Lubow ¶[0042])
Rausch as modified by McDonald and Lubow teaches:
Claim 18: A vacuum sealer (Rausch: 20-fig.2), comprising:
a main housing (Rausch: 24-fig.1) provided with a vacuum chamber (Rausch: 48-fig.5) therein;
a lid (Rausch: 92-fig.1) installed on the main housing (Rausch: ¶[0047]), wherein the lid is configured to open or close the vacuum chamber (Rausch: ¶[0047]);
two conductive columns (Rausch: 110-fig.6) installed on the main housing (Rausch:¶[0050]), wherein an upper end of each of the two conductive columns extends into the vacuum chamber (Rausch: see fig. 6 showing 110 extending into the chamber);
a heating bar (Rausch: 106-fig.6) disposed in the vacuum chamber (Rausch: ¶[0049]-[0051]); and
the food tray according to claim 8 (see claim 8 above), wherein the food tray is detachably installed in the vacuum chamber (Rausch: see fig.5-6 showing 90 is capable of being removed), and the upper end of each of the two conductive columns passes through a respective first through hole of the food tray to electrically connect to the heating bar (Rausch: see annotated fig.6 in claim 1 showing 110 passing through their respective through holes and connecting to seal bar 106).
Claim(s) 10 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rausch (US 2015/0052850) in view of McDonald (US 2018/0259092), further in view of Turvey (US 2008/0000204).
Rausch as modified by McDonald teaches:
Claim 10: The food tray according to claim 1.
Rausch as modified by McDonald does not expressly teach the base plate and the peripheral wall are integrally formed of metal or plastic.
However, Turvey teaches a base plate and a peripheral wall (116-fig.7) are integrally formed of metal or plastic (¶[0040]).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the device of Rausch as modified by McDonald, by having it be made of plastic or metal, as taught by Turvey, as a well-known material that is used when making vacuum sealers.
Rausch as modified by McDonald and Turvey teaches:
Claim 20: A vacuum sealer (Rausch: 20-fig.2), comprising:
a main housing (Rausch: 24-fig.1) provided with a vacuum chamber (Rausch: 48-fig.5) therein;
a lid (Rausch: 92-fig.1) installed on the main housing (Rausch: ¶[0047]), wherein the lid is configured to open or close the vacuum chamber (Rausch: ¶[0047]);
two conductive columns (Rausch: 110-fig.6) installed on the main housing (Rausch:¶[0050]), wherein an upper end of each of the two conductive columns extends into the vacuum chamber (Rausch: see fig. 6 showing 110 extending into the chamber);
a heating bar (Rausch: 106-fig.6) disposed in the vacuum chamber (Rausch: ¶[0049]-[0051]); and
the food tray according to claim 10 (see claim 10 above), wherein the food tray is detachably installed in the vacuum chamber (Rausch: see fig.5-6 showing 90 is capable of being removed), and the upper end of each of the two conductive columns passes through a respective first through hole of the food tray to electrically connect to the heating bar (Rausch: see annotated fig.6 in claim 1 showing 110 passing through their respective through holes and connecting to seal bar 106).
Allowable Subject Matter
Claim 7 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Claim 7 in combination with claims 1 and 6 include the following limitations which are what make the subject matter allowable over the prior art because the matter is neither taught or suggested by the prior art: “the temperature sensor comprises a temperature sensing probe and an electrode located below and electrically connected to the temperature sensing probe, the temperature sensing probe is sealingly connected to the recessed portion, and the electrode extends downward through the recessed portion into the vacuum chamber.”
Claim 17 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATIE L GERTH whose telephone number is (303)297-4602. The examiner can normally be reached Monday-Thursday 9am-4pm (CT).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shelley Self can be reached at (571)272-4524. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KATIE L GERTH/Examiner, Art Unit 3731
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