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 .
Response to Amendment
The amendment filed on 03/04/2026 (hereinafter “amendment”) has been accepted and entered. Claims 1-3, 9, 14-15, 17-25 and 30-32 are pending. Claims 19-25 and 30-31 are withdrawn from consideration.
Claim Rejections - 35 USC § 112(b)
The 35 U.S.C. 112(b) rejections of claim(s) 1-3, 9, 14-15, 17-18 and 32 are withdrawn as a result of the amendment.
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) 1-3, 9, 14-15, 17-18 and 32 are rejected under 35 U.S.C. 103 as being unpatentable over Risch et al. US 3,637,101 in view of Benoit-Gonin EP 1462381 A1, herein after referred to as Risch and Benoit respectively.
Regarding Claim 1 Risch discloses a food or beverage ingredient container lid (Figs. 4-6, Col. 1 lines 13-14) having an insider surface and an outside surface (Figs. 4-6) and comprising:
a multi-layer liner laminated liner (1 composite sealing liner, Fig. 5) comprising
at least one perforated lower layer (3 inner membrane, Figs. 2-7) comprising one or more perforations (10 perforations, Figs. 2 and 7) configured and/or sized to prevent egress of a food or beverage ingredient in powder or granular form from a food or beverage ingredient container to which the food or beverage container lid is coupled, wherein the one or more perforations are sized smaller than the food or beverage ingredient disposed in the food or beverage ingredient container; and allow air to egress (Col. 2, lines 55-58) and
at least one non-perforated upper layer (2 backing) comprising no perforations (Col. 2 lines 49-51),
wherein the at least one non-perforated upper layer is releasably attached to the at least one perforated lower layer (Col. 3 lines 28-33; additionally, the removal of 2 resulting in the perforations now being open indicates that 2 has no perforations), by way of an adhesive layer (4 wax facing; Col. 2 lines 59-63; releasably attached via Col. 3 lines 28-33),
wherein the at least one non-perforated upper layer (2) is planar, and the at least one non-perforated upper layer (2) closes the one or more perforations (10) in the at least one perforated lower layer (3) to prevent the one or more perforations (10) from exposure to the atmosphere until the at least one non-perforated layer (2) is detached from the at least one perforated layer (3, the non-perforated layer is between the perforations and the outside atmosphere, thus closing the perforations, until the non-perforated layer is removed by removing the cap, Col. 3 lines 28-34), and
wherein an uppermost layer (2) of the liner (1) is connected to the inside surface of the lid (20 cap, Figs. 5-6), and
the one or more perforations (10) of the at least one perforated lower layer (3) is arranged such that in use each perforation is exposed to the atmosphere after the at least one non-perforated upper layer (2) is detached from the at least one perforated lower layer (Fig. 6-7, Col. 3, lines 28-34; when 2 is removed, 3 remains on the container rim, wherein the layer (3) has perforations (10), which are exposed to the atmosphere).
Risch is silent to the at least one perforated lower layer is planar and parallel to the at least on non-perforated upper layer and the at least one perforated lower layer is continuously attached along an entire length of an upper surface thereof to a lower surface of the at least one non-perforated upper layer.
Benoit teaches a food or beverage ingredient container lid (50 closure, Figs. 1a-7) having an inside surface and an outside surface (Figs. 4-6) with an at least one perforated lower layer (30 aluminum layer, Fig. 1a-4 and 5a-5c) comprising one or more perforations (35 and 36 orifices) and at least one non-perforated upper layer (20 polyethylene layer) comprising no perforations (Figs. 1a-4 and 5a-5c) that closes the perforations of the at least one perforated layer, wherein the at least one non-perforated upper layer (20) is planar (Figs. 1a and 2) and the at least one perforated lower layer (30) is planar and parallel to the at least one non-perforated upper layer (Fig. 2) and the at least one perforated lower layer (30) is continuously attached along an entire length of an upper surface thereof to a lower surface (via the adhesive layer 40) of the at least one non-perforated upper layer (Fig. 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the at least one perforated lower layer to being planar, parallel and continuously attached to the at least one perforated upper layer as taught by Benoit as doing so is well known and would yield predictable results. Additionally, a change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. Further, the liner as taught by Benoit allows for a less involved manufacturing process as a special bonding iron with variably space ribs is no longer required while still providing a liner that has perforations and remains sealed until the lid is removed (paragraph [0022] lines 11-15).
Regarding Claim 2 Risch as modified discloses the food or beverage ingredient container lid of claim 1 and further discloses wherein the liner (1) comprises only one non-perforated upper layer (2, Figs. 5-6).
Regarding Claim 3 Risch as modified discloses the food or beverage ingredient container lid of claim 1 and further discloses wherein the liner (1) comprises at least two perforated lower layers (3 is a two-ply seal, Col. 2 lines 32-33).
Regarding Claim 9 Risch as modified discloses the food or beverage ingredient container lid of claim 1 and further discloses wherein a diameter or largest dimension of the at least one non-perforated upper layer (2) is equal to a diameter or a largest dimension of the at least one perforated layer (3, Figs 2 and 7; the perforated and non-perforated layers are bonded together before being punched from a sheet while joined shown in Fig. 1 and by virtue of being punched out while joined they have the same dimensions).
Regarding Claim 14 Risch as modified discloses the food or beverage ingredient container lid of claim 1 and further discloses wherein the one or more perforations (10) on the at least one perforated lower layer (3) are arranged in use to open a fluid communication through the at least on perforated lower layer after the at least one non-perforated upper layer is detached (Figs. 6-7; Col. 3 lines 28-33; when 2 is removed, the layer 3 has perforations (10), the perforations now being open, and permits rapid venting of the container/fluid communication).
Regarding Claim 15 Risch as modified discloses the food or beverage ingredient container lid of claim 1 and further discloses wherein an uppermost layer of the at least one perforated lower layer (3) in use becomes an uppermost layer of the liner after detaching the at least one non-perforated upper layer (2 lower part of Fig. 6 and Fig. 7; col. 3 lines 28-33; when 2 is removed, 3 remains on the container rim and become the uppermost layer).
Regarding Claim 17 Risch as modified discloses the food or beverage ingredient container lid of claim 1 and further discloses wherein the at least one non-perforated layer (2) on the inside surface of the lid is fixedly retained on the inside surface of the lid after the at least on perforated lower layer is detached (Figs 6, 7; col. 3 lines 28-33; 2 is retained on the inside surface of the lid, separated from 3, when the cap is removed).
Regarding Claim 18 Risch as modified discloses the food or beverage ingredient container lid of claim 1 and further discloses wherein only the uppermost layer of the liner is non-perforated (Fig 5; 2 is non-perforated and is the most uppermost; the perforations are formed on 3, not 2; col. 2 lines 49-51).
Regarding Claim 32 Risch as modified discloses the food or beverage ingredient container lid of claim 1 and further discloses wherein the at least one perforated lower layer (30 Benoit) is continuously attached along an entire length of an upper surface thereof to a lower surface (via the adhesive layer 40) of the at least one non-perforated upper layer (Fig. 2 Benoit).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on the single reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lauren Kmet whose telephone number is (313)446-4834. The examiner can normally be reached M-F 9am-6pm.
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/L KMET/Examiner, Art Unit 3735
/Anthony D Stashick/Supervisory Patent Examiner, Art Unit 3735
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