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
In the amendment dated October 1, 2025, claims 1, 9, and 15 were amended. Claims 1, 3-9, and 11-21 are pending.
The amendments to the claims overcome the claim rejections under 35 U.S.C. 112(a) and 112(b).
The previous office action did not contain prior art rejections. However, Applicant’s amendments broadened the claims, and upon consideration, a new ground(s) of rejection is made over Letica in view of Caruso.
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.
Claims 1, 3-9, and 11-21 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pub. 2006/0261067 to Letica (hereinafter, “Letica”) in view of U.S. Pub. 2004/0055259 to Caruso (hereinafter, “Caruso”).
Regarding claim 1, Letica discloses a system for improved access to liquid in a plastic container and lid assembly (container assembly 10, Fig. 2) comprising a. a plastic container (container 11, Fig. 2) comprising a bottom (bottom 52, Fig. 2), at least one sidewall (sidewall 16, Fig. 2) and a rim (top of sidewall 16, see Fig. 2) comprising a receiving channel (channel formed between shoulder 20 and undercut 18, see Fig. 2), b. a plastic lid (ring 12, Fig. 2) comprising an upper channel (see annotated Fig. 1 below) for seating in the receiving channel (see Fig. 1), a lid surface (annotated Fig. 1) and a pour spout wall (annotated Fig. 1) integral to a bottom (portion 30, Fig. 1) defining an opening in the lid surface (opening along center axis, see Fig. 2), and on a second side (side of pour spout wall adjacent the opening, see Fig. 1) at the bottom of the pour spout wall (see Fig. 1), a first protrusion (annular flange 34, Fig. 1) near the bottom (see Fig. 1) configured to be compressed and displaced by force (annular flange 34 is capable of being compressed and displaced by force), c. a plastic cap (lid 14, Fig. 1) comprising a cap surface (portion 50, Fig. 1) and a sealing channel (channel portion 36, Fig. 1), said sealing channel (channel portion 36) comprising an inner surface (inner surface relative to container assembly 10) of an inner wall (annotated Fig. 1) comprising a sloped upper portion (annotated Fig. 1) and an outer wall (annotated Fig. 1), said inner surface of said inner wall (annotated Fig. 1) near a lower end integral to a perimeter of the cap surface (see Fig. 1), said lower end of said inner wall (annotated Fig. 1) configured to be at a same level as the first protrusion (see Fig. 1), the sealing channel (channel portion 36) and the pour spout wall (annotated Fig. 1) join at a first location (annotated Fig. 1) adjacent to the sloped upper portion of the inner wall (annotated Fig. 1) and, at a second location (annotated Fig. 1), the first protrusion (annular flange 34) is compressed by force from the lower end of the inner wall (para. [0019]), and two liquid-tight seals are formed between the cap and the pour spout wall (see paras. [0005], [0023]).
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Letica Annotated Figure 1
Letica does not expressly disclose said pour spout wall comprising inner cap threads on a first side opposite the opening and said outer wall comprising outer cap threads configured to lock with the inner cap threads, such that, when the plastic cap is screwed onto the pour spout wall, the inner and outer cap threads lock.
Caruso teaches a system for improved access to liquid in a plastic container and lid assembly having a container with a bottom, a sidewall, and a rim with a receiving channel (para. [0025]), a lid seated on the sealing channel (lid 220, see Fig. 7), the lid having a pour spout wall (port collar 230, Fig. 7), and a plastic cap (stopper 222, Fig. 7). Caruso teaches the pour spout wall has inner threads on a first side opposite the opening (see Fig. 7) and a wall of the cap having outer cap threads configured to lock with the inner cap threads such that when the plastic cap is screwed onto the pour spout wall, the inner and outer cap threads lock (see Fig. 7). Caruso teaches that this threaded arrangement permits a user of the container to easily remove the cap to gain access to the interior of the container without needing to remove the whole lid (see paras. [0007]-[0011]) and for the cap to be removable by hand or with a common tool (paras. [0031]-[0033]). Caruso further teaches the cap may have a grip (grip 236, Fig. 7). Caruso teaches that the grip has a major axis (perpendicular to line A—A in Fig. 4) and a minor axis (along line A—A in Fig. 4). Caruso teaches that the grip may rise from the cap surface (para. [0034]) or may be an indentation in the cap surface (para. [0034]). Caruso teaches that the grip permits a user to grasp the cap by hand or with a common tool to remove the cap from the lid (paras. [0032]-[0032]).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have modified the system of Letica to replace the snap undercut 46 on the cap and corresponding portion on pour spout with threads configured to lock when the plastic cap is screwed onto the pour spout wall as taught by Caruso for the purpose of easily being able to gain access to the interior of the container by removing the cap by hand or with a common tool, as recognized by Caruso (paras. [0031]-[0033]). Additionally, and in the alternative, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to have modified the system of Letica to replace the snap undercut 46 on the cap and corresponding portion on pour spout with threads configured to lock when the plastic cap is screwed onto the pour spout wall as such a modification is no more than a simple substitution of one fastening means (snap fit) for another (threads) that is known in the art (as shown by Caruso) for the purpose of removably securing a cap and would produce the predictable results of removably securing the cap to the lid. It further would have been obvious to have modified the system of Letica/Caruso to have a turning grip on the cap with a major axis and a minor axis that rises from the cap surface or is an indentation in the cap surface as taught by Caruso for the purpose of providing a grip to remove the cap by hand (Caruso at paras. [0032]-[0034]).
Regarding claim 3, Letica further discloses a diameter of the inner wall of the sealing channel (see annotated Fig. 1) is slightly smaller than a diameter of the pour spout wall (see annotated Fig. 1).
Regarding claim 4, Letica further discloses the cap surface (portion 50) presses against the inner wall (portion 50 presses against inner wall via serpentine portion 48, see Fig. 1) to hold the sealing channel (channel portion 36) in place (see Fig. 1) when the plastic cap (lid 14) is sealed to the pour spout wall (annotated Fig. 1).
Regarding claim 5, Letica as modified by Caruso already includes the plastic cap (Letica, lid 14) further comprises a turning grip on the cap surface (Caruso, grip 36; see reasons for modification above).
Regarding claim 6, Letica as modified by Caruso already includes the turning grip (Caruso, grip 36) comprises a major axis and a minor axis (Caruso, see Fig. 4; para. [0032]).
Regarding claim 7, Letica as modified by Caruso already includes the turning grip (Caruso, grip 36) rises from the cap surface (Caruso, para. [0034]).
Regarding claim 8, Letica as modified by Caruso already includes the turning grip (Caruso, grip 36) is an indentation in the cap surface (Caruso, para. [0034]).
Regarding claim 9, Letica discloses a plastic lid (ring 12, Fig. 2) for a plastic container (container 11, Fig. 2) for liquid (Abstract) comprising a. a lid surface (annotated Fig. 1 above) and an upper channel (annotated Fig. 1) at a perimeter (see Fig. 1) for seating into a rim of a container (see Fig. 1), b. a pour spout wall (annotated Fig. 1) integral to a bottom (portion 30, Fig. 1) defining an opening in the lid surface (opening along center axis, see Fig. 2), and on a second side (side of pour spout wall adjacent the opening, see Fig. 1) at the bottom (see Fig. 1), a first protrusion (annular flange 34, Fig. 1) near the bottom (see Fig. 1) configured to be compressed and displaced by force (annular flange 34 is capable of being compressed and displaced by force) and c. a plastic cap (lid 14, Fig. 1) comprising a cap surface (portion 50, Fig. 1) and a sealing channel (channel portion 36, Fig. 1), said sealing channel (channel portion 36) comprising an inner surface (inner surface relative to the container assembly 10) of an inner wall (annotated Fig. 1) comprising a slope (sloped upper portion, annotated Fig. 1) and an outer wall (annotated Fig. 1), said inner surface of said inner wall (annotated Fig. 1) near a lower end integral to a perimeter of the cap surface (see Fig. 1), said lower end of said inner wall (annotated Fig. 1) configured to be at a same level as the first protrusion (see Fig. 1), the sealing channel (channel portion 36) and the pour spout wall (annotated Fig. 1) join at a first location (annotated Fig. 1) adjacent to the sloped upper portion of the inner wall (annotated Fig. 1) and, at a second location (annotated Fig. 1), the first protrusion (annular flange 34) is compressed and displaced by the force from the lower end of the inner wall (para. [0019]), and two liquid-tight seals are formed between the cap and the pour spout wall (see paras. [0005], [0023]).
Letica does not expressly disclose said pour spout wall comprising inner cap threads on a first side opposite the opening and said outer wall comprising outer cap threads configured to lock with the inner cap threads such that, when the plastic cap is screwed onto the pour spout wall, the inner and outer cap threads lock.
Caruso teaches a system for improved access to liquid in a plastic container and lid assembly having a container with a bottom, a sidewall, and a rim with a receiving channel (para. [0025]), a lid seated on the sealing channel (lid 220, see Fig. 7), the lid having a pour spout wall (port collar 230, Fig. 7), and a plastic cap (stopper 222, Fig. 7). Caruso teaches the pour spout wall has inner threads on a first side opposite the opening (see Fig. 7) and a wall of the cap having outer cap threads configured to lock with the inner cap threads such that when the plastic cap is screwed onto the pour spout wall, the inner and outer cap threads lock (see Fig. 7). Caruso teaches that this threaded arrangement permits a user of the container to easily remove the cap to gain access to the interior of the container without needing to remove the whole lid (see paras. [0007]-[0011]) and for the cap to be removable by hand or with a common tool (paras. [0031]-[0033]). Caruso further teaches the cap may have a grip (grip 236, Fig. 7). Caruso teaches that the grip has a major axis (perpendicular to line A—A in Fig. 4) and a minor axis (along line A—A in Fig. 4). Caruso teaches that the grip may rise from the cap surface (para. [0034]) or may be an indentation in the cap surface (para. [0034]). Caruso teaches that the grip permits a user to grasp the cap by hand or with a common tool to remove the cap from the lid (paras. [0032]-[0032]).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have modified the lid of Letica to replace the snap undercut 46 on the cap and corresponding portion on pour spout with threads configured to lock when the plastic cap is screwed onto the pour spout wall as taught by Caruso for the purpose of easily being able to gain access to the interior of the container by removing the cap by hand or with a common tool, as recognized by Caruso (paras. [0031]-[0033]). Additionally, and in the alternative, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to have modified the lid of Letica to replace the snap undercut 46 on the cap and corresponding portion on pour spout with threads configured to lock when the plastic cap is screwed onto the pour spout wall as such a modification is no more than a simple substitution of one fastening means (snap fit) for another (threads) that is known in the art (as shown by Caruso) for the purpose of removably securing a cap and would produce the predictable results of removably securing the cap to the lid. It further would have been obvious to have modified the lid of Letica/Caruso to have a turning grip on the cap with a major axis and a minor axis that rises from the cap surface or is an indentation in the cap surface as taught by Caruso for the purpose of providing a grip to remove the cap by hand (Caruso at paras. [0032]-[0034]).
Regarding claim 11, Letica as modified by Caruso already includes the plastic cap (Letica, lid 14) further comprises a turning grip on the cap surface (Caruso, grip 36; see reasons for modification above).
Regarding claim 12, Letica as modified by Caruso already includes the turning grip (Caruso, grip 36) comprises a major axis and a minor axis (Caruso, see Fig. 4; para. [0032]).
Regarding claim 13, Letica as modified by Caruso already includes further discloses the turning grip (Caruso, grip 36) rises from the cap surface (Caruso, para. [0034]).
Regarding claim 14, Letica as modified by Caruso already includes further discloses the turning grip (Caruso, grip 36) comprises an indentation in the cap surface (Caruso, para. [0034]).
Regarding claim 15, Letica discloses a system for improved access to liquid in a plastic container and lid assembly (container assembly 10, Fig. 2) comprising a. a plastic container (container 11, Fig. 2) comprising a bottom (bottom 52, Fig. 2), at least one sidewall (sidewall 16, Fig. 2) and a rim (top of sidewall 16, see Fig. 2) comprising a receiving channel (channel formed between shoulder 20 and undercut 18, see Fig. 2), b. a plastic lid (ring 12, Fig. 2) comprising an upper channel (see annotated Fig. 1) for seating in the receiving channel (see Fig. 1), a lid surface (annotated Fig. 1) and a pour spout wall (annotated Fig. 1) integral to a bottom (portion 30, Fig. 1) defining an opening in the lid surface (opening along center axis, see Fig. 2), said pour spout wall having a first side opposite the opening (see Fig. 1) and on a second side (side of pour spout wall adjacent the opening, see Fig. 1) a first protrusion (annular flange 34, Fig. 1) located at the bottom of the pour spout wall (see Fig. 1) and configured to be compressed and displaced by force (annular flange 34 is capable of being compressed and displaced by force), c. a plastic cap (lid 14, Fig. 1) comprising a cap surface (portion 50, Fig. 1) and a sealing channel (channel portion 36, Fig. 1), said sealing channel (channel portion 36) comprising an inner surface (inner surface relative to container assembly 10) of said inner wall (annotated Fig. 1) comprising a sloped upper portion (annotated Fig. 1) and an outer wall (annotated Fig. 1), said inner surface of said inner wall (annotated Fig. 1) at a lower end (see Fig. 1) integral to a perimeter of the cap surface (portion 50) and comprising a second protrusion (annotated Fig. 1) also at the lower end (see Fig. 1), said second protrusion (annotated Fig. 1) configured to be at a same level as the first protrusion (the first and second protrusions are at a same level at the second location, see annotated Fig. 1), the sealing channel (channel portion 36) and the pour spout wall (annotated Fig. 1) join at a first location (annotated Fig. 1) adjacent to the sloped upper portion of the inner wall (annotated Fig. 1) and, at a second location (annotated Fig. 1), and the first protrusion (annular flange 34) is compressed against the second protrusion (annotated Fig. 1), and two liquid-tight seals are formed between the cap and the pour spout wall (see Fig. 1; para. [0019]).
Letica does not expressly disclose said pour spout wall comprising inner cap threads on a first side opposite the opening and said outer wall comprising outer cap threads configured to lock with the inner cap threads, and when the plastic cap is screwed onto the pour spout wall, the inner and outer cap threads lock.
Caruso teaches a system for improved access to liquid in a plastic container and lid assembly having a container with a bottom, a sidewall, and a rim with a receiving channel (para. [0025]), a lid seated on the sealing channel (lid 220, see Fig. 7), the lid having a pour spout wall (port collar 230, Fig. 7), and a plastic cap (stopper 222, Fig. 7). Caruso teaches the pour spout wall has inner threads on a first side opposite the opening (see Fig. 7) and a wall of the cap having outer cap threads configured to lock with the inner cap threads such that when the plastic cap is screwed onto the pour spout wall, the inner and outer cap threads lock (see Fig. 7). Caruso teaches that this threaded arrangement permits a user of the container to easily remove the cap to gain access to the interior of the container without needing to remove the whole lid (see paras. [0007]-[0011]) and for the cap to be removable by hand or with a common tool (paras. [0031]-[0033]). Caruso further teaches the cap may have a grip (grip 236, Fig. 7). Caruso teaches that the grip has a major axis (perpendicular to line A—A in Fig. 4) and a minor axis (along line A—A in Fig. 4). Caruso teaches that the grip may rise from the cap surface (para. [0034]) or may be an indentation in the cap surface (para. [0034]). Caruso teaches that the grip permits a user to grasp the cap by hand or with a common tool to remove the cap from the lid (paras. [0032]-[0032]).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have modified the system of Letica to replace the snap undercut 46 on the cap and corresponding portion on pour spout with threads configured to lock when the plastic cap is screwed onto the pour spout wall as taught by Caruso for the purpose of easily being able to gain access to the interior of the container by removing the cap by hand or with a common tool, as recognized by Caruso (paras. [0031]-[0033]). Additionally, and in the alternative, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to have modified the system of Letica to replace the snap undercut 46 on the cap and corresponding portion on pour spout with threads configured to lock when the plastic cap is screwed onto the pour spout wall as such a modification is no more than a simple substitution of one fastening means (snap fit) for another (threads) that is known in the art (as shown by Caruso) for the purpose of removably securing a cap and would produce the predictable results of removably securing the cap to the lid. It further would have been obvious to have modified the system of Letica/Caruso to have a turning grip on the cap with a major axis and a minor axis that rises from the cap surface or is an indentation in the cap surface as taught by Caruso for the purpose of providing a grip to remove the cap by hand (Caruso at paras. [0032]-[0034]).
Regarding claim 16, Letica further discloses a diameter of the inner wall of the sealing channel (see annotated Fig. 1) is slightly smaller than a diameter of the pour spout wall (see annotated Fig. 1).
Regarding claim 17, Letica further discloses the cap surface (portion 50) presses against the inner wall (portion 50 presses against inner wall via serpentine portion 48, see Fig. 1) to hold the sealing channel (channel portion 36) in place (see Fig. 1) when the plastic cap (lid 14) is sealed to the pour spout wall (annotated Fig. 1).
Regarding claim 18, Letica as modified by Caruso already includes the plastic cap (Letica, lid 14) further comprises a turning grip on the cap surface (Caruso, grip 36; see reasons for modification above).
Regarding claim 19, Letica as modified by Caruso already includes the turning grip (Caruso, grip 36) comprises a major axis and a minor axis (Caruso, see Fig. 4; para. [0032]).
Regarding claim 20, Letica as modified by Caruso already includes the turning grip (Caruso, grip 36) rises from the cap surface (Caruso, para. [0034]).
Regarding claim 21, Letica as modified by Caruso already includes the turning grip (Caruso, grip 36) is an indentation in the cap surface (Caruso, para. [0034]).
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.
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/LAURA E. PARKER/Examiner, Art Unit 3733