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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 10/7/2025 has been entered.
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) 1, as best understood, is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2007/0023384 to Janeczek in view of US 2009/0095702 to Ungrady et al. (Ungrady) and US Patent No. 9,981,768 to Palmer et al. (Palmer), US D631,358S to Voelker.
Regarding claim 1, Janeczek discloses a container (10) comprising a body (12) comprising opposite top (A, Fig 1 below) and bottom (32) walls, opposite front (B, Fig 1 below) and back walls each extending from the top wall to the bottom wall, and opposite first and second side walls (C, Fig 1 below) each extending from the top wall to the bottom wall and from the front wall to the back wall, the side walls each including a first portion (D, Fig 1 below) positioned between the front and back walls, a second portion (E, Fig 1 below) extending from the first portion to the bottom wall and a third portion (F, Fig 1 below) extending from the first portion to top wall, the third portion being tapered from the first portion to top wall (Fig 1); a spout (16) extending from the top wall, a flange (G, Fig 1 below) extending from the top wall, the spout having a top surface that is positioned proximal to a top surface of the flange (Fig 1) and a handle (22) extending from the spout to the flange, wherein the body comprises spaced apart corners (H, Fig 1 below), outer surfaces of the side walls each extending continuously from one of the corners to another one of the corners (Fig 1). Janeczek does not teach first and second side walls including spaced apart ribs and second portions of the first and second side walls to comprise a plurality of recesses between the ribs. However, Ungrady discloses a container (Fig 1) and in particular discloses side walls of the container comprising spaced apart ribs (16) with a plurality of recesses between the ribs (13), the spaced apart ribs positioned in a first horizontal plane on the first portion. Palmer discloses a container (Fig 1) comprising a plurality of recesses (151) located in the middle of the second portion of the side walls (11), the plurality of recesses located in a second horizontal plane that is vertically offset from a first horizontal plane on the first portion. Taken as a whole, one of ordinary skill in the art would have found it obvious to incorporate spaced apart ribs and a plurality of recesses located in between vertical axes defined by the ribs on the second portion of the Janeczek side walls as suggested by Ungrady and Palmer in order to strengthen the container. The modification would have resulted in the ribs and recesses located in horizontal planes vertically offset from each other since the ribs would be located in first portion of the side walls and the recesses in the second portion of the sidewalls. The modified Janeczek does not explicitly teach the dimensions of the spout as recited. However, Voelker discloses a container (Fig 1) and in particular discloses a spout (S, Fig 5 below) comprising a first section (A, Fig 5 below) extending from top wall, a second section (B, Fig 5 below) extending from the first section and a third section (C, Fig 5 below) extending from the second section, the second section (B) having a width greater than width of the first section (A) and a width of third section (C), a handle (D, Fig 5 below) extending from the spout (S) to the flange (F, Fig 5 below) such that an end of the handle directly engages the second section. One of ordinary skill in the art would have found it obvious to change the dimensions of the Janeczek spout such that a first section below the section connected to the handle had less width as suggested by Voelker in order to facilitate structural integrity since the second section needs to be thicker that the rest of the spout in order to connect to the handle and support weight of the container.
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Claim(s) 1-10, as best understood, is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2008/0073317 to Dygert et al. (Dygert) in view of US 2009/0095702 to Ungrady et al. (Ungrady) and US Patent No. 9,981,768 to Palmer et al. (Palmer) and Voelker.
Regarding claim 1, Dygert discloses a container (Fig 1) comprising a body (1) comprising opposite top (2) and bottom (3) walls, opposite front (5) and back (6) walls each extending from the top wall (2) to the bottom wall (3), and opposite first and second side walls (4) each extending from the top wall (2) to the bottom wall (3) and from the front wall (5) to the back wall (6), the side walls (4) each including a first portion (A, Fig 2 below) positioned between the front and back walls, a second portion (B, Fig 2 below) extending from the first portion to the bottom wall and a third portion (C, Fig 2 below) extending from the first portion to top wall, the third portion being tapered from the first portion to top wall (Fig 2 below); a spout (7) extending from the top wall, a flange (11) extending from the top wall, the spout (7) having a top surface that is positioned proximal to a top surface of the flange (11) (Fig 1) and a handle (8) extending from the spout (7) to the flange (11), the body comprising spaced apart corners (A-D, Fig 1 below), outer surfaces of the side walls each extending continuously from one of the corner to another one of the corners. Dygert does not teach first and second side walls including spaced apart ribs and second portions of the first and second side walls to comprise a plurality of recesses between the ribs. However, Ungrady discloses a container (Fig 1) and in particular discloses side walls of the container comprising spaced apart ribs (16) with a plurality of recesses between the ribs (13), the ribs being positioned in a first horizontal plane (A, Fig 1 below) and the recesses being positioned in a second horizontal plane (B, Fig 1 below), the first and second horizontal planes vertically offset from each other. Palmer discloses a container (Fig 1) comprising a plurality of recesses (151) located in the middle of the second portion of the side walls (11). Taken as a whole, one of ordinary skill in the art would have found it obvious to incorporate spaced apart ribs and a plurality of recesses located in between vertical axes defined by the ribs on the second portion of the Dygert side walls as suggested by Ungrady and Palmer in order to strengthen the container. The modified Dygert does not explicitly teach the dimensions of the spout as recited. However, Voelker discloses a container (Fig 1) and in particular discloses a spout (S, Fig 5 above) comprising a first section (A, Fig 5 above) extending from top wall, a second section (B, Fig 5 above) extending from the first section and a third section (C, Fig 5 above) extending from the second section, the second section (B) having a width greater than width of the first section (A) and a width of third section (C), a handle (D, Fig 5 above) extending from the spout (S) to the flange (F, Fig 5 above) such that an end of the handle directly engages the second section. One of ordinary skill in the art would have found it obvious to change the dimensions of the Dygert spout such that a first section below the section connected to the handle had less width as suggested by Voelker in order to facilitate structural integrity since the second section needs to be thicker that the rest of the spout in order to connect to the handle and support weight of the container.
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Regarding claim 2, Dygert further discloses the flange (11) including a first end (bottom) that engages the top wall (2) and an opposite second end (top), the flange being tapered from the first end to second end (Fig 1, the flange angles outward from top to bottom).
Regarding claim 3, the modified Dygert further discloses body including a rib extending into outer surface of the walls (16, Ungrady).
Regarding claim 4, the modified Dygert further discloses body including spaced apart fifth and sixth ribs (16, Ungrady) extending into outer surface of front wall such that area (9) between the ribs is entirely planar (Fig 1, Ungrady).
Regarding claim 5, the modified Dygert further teaches body extending along a longitudinal axis from top wall to bottom wall, the ribs (16, Ungrady) each extending parallel to longitudinal axis (Fig 1, Ungrady).
Regarding claim 6, the modified Dygert teaches body extending along longitudinal axis from top wall to bottom wall, body including spaced apart fifth and sixth ribs (16, Ungrady) extending into outer surface of front wall (9, Ungrady), body including spaced apart seventh and eight ribs (16) extending into outer surface of the back wall (3, Ungrady), the ribs each extending parallel to longitudinal axis.
Regarding claim 7, Dygert further discloses four planar corners (A-D, Fig 1 above) defining interfaces in relation to the walls as recited, the corners extending at oblique angles relative to the walls (Fig 1 above), outer surface of the first sidewall extends continuously from first planar corner to third planar corner and outer surface of second side wall extends continuously from second planar corner to fourth planar corner (Fig 1 above).
Regarding claim 8, Dygert further discloses four planar corners (A-D, Fig 1 above) in relation to the walls as recited, the corners extending at oblique angles relative to the walls (Fig 1 above), outer surface of first side wall extends continuously from first planar corner to third planar corner and outer surface of second side wall extends continuously from second planar corner to fourth planar corner (Fig 1).
Regarding claim 9, Dygert further discloses second height from bottom wall (3) to spout (7) greater than first height from bottom wall (3) to handle (8) (Fig 2).
Regarding claim 10, Dygert further discloses second height is maximum height of container (Fig 2).
Claim(s) 11-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dygert in view of Ungrady, Palmer, Voelker and US Patent No. 6,029,858 to Srokose et al. (Srokose).
Regarding claim 11, the modified Dygert discloses the container of claim 1 and Dygert further discloses spout (7) comprising a second portion (E, Fig 1 above) and body comprising a projection (F, Fig 1 above) having a first end engaging a proximal end of the front wall (5) and opposite second end engaging second portion (E) but does not explicitly teach the spout comprising a first portion directly engaging the top wall with the second portion (E) extending from the first portion. However, Srokose discloses a container (Fig 2) and in particular discloses spout (25) comprising a first portion (24) directly engages the top wall (16) and second portion (26) extending from the first portion (24). One of ordinary skill in the art would have found it obvious to incorporate a first portion of the spout to Dygert as suggested by Srokose in order to control flow.
Regarding claim 12, the modified Dygert further discloses second portion (26, Srokose) having a width greater than width of first portion (24, Srokose) (Fig 6).
Regarding claim 13, the modified Dygert discloses the container of claim 1 and Dygert further discloses the spout (7) comprising a second portion (E, Fig 1 above) and a third portion (G, Fig 1 above) extending from second portion (E), the second portion having a width greater than width of third portion (Fig 1). Dygert does not explicitly show a first portion engaging the top wall with second portion extending from the first portion and having a width greater than first portion. However, Srokose discloses a container (Fig 2) and in particular discloses spout (25) comprising a first portion (24) directly engages the top wall (16) and second portion (26) extending from the first portion (24), a third portion (22) extending from the second portion, the second portion (26) having a width greater than width of first portion (24) and width of third portion (22) (Fig 6). One of ordinary skill in the art would have found it obvious to incorporate a first portion of the spout to Dygert as suggested by Srokose in order to control flow. The modification would have resulted in second portion of Dygert having a width greater than that of the first portion as shown by Srokose.
Regarding claim 14, the modified Dygert teaches the container of claim 13 and further discloses third portion (G) including threaded outer surface and defining an opening in communication with interior of the body (Fig 1).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dygert in view of Ungrady, Palmer, Voelker and US Patent No. 6,588,612 to Dorn et al. (Dorn).
Regarding claim 15, Dygert discloses the container of claim 1 and further discloses top wall (2) defining a perimeter with a first area, bottom wall (3) defining a perimeter with second area, front (5), back (6), side walls (4) defining a perimeter having a third area but does not explicitly teach third area being greater than one of the first and second area. However, Dorn discloses a container (Fig 1) wherein the front, back, and side walls (16, 18, 20, 22) has an area greater than area of top (12) and bottom (14) walls (see Figs 2a-2d, Figs 3-4). One of ordinary skill in the art would have found it obvious to change the dimensions of the Dygert container such that it had a greater height as suggested by Dorn in order to hold a specific volume as desired since it has been held that where the only difference between prior art and claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984).
Claim(s) 1, 16-19, as best understood, is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent No. 6,588,612 to Dorn et al. (Dorn) and of US 2009/0095702 to Ungrady et al. (Ungrady) and US Patent No. 9,981,768 to Palmer et al. (Palmer) and Voelker.
Regarding claim 1, Dorn discloses a container (Fig 1) comprising a body (10) comprising opposite top (12) and bottom (14) walls, opposite front (20) and back (22) walls each extending from the top wall (12) to the bottom wall (14), and opposite first and second side walls (16, 18) each extending from the top wall (12) to the bottom wall (14) and from the front wall (20) to the back wall (22), the side walls (16, 18) each including a first portion (A, Fig 2b below) positioned between the front (20) and back (22) walls, a second portion (C, Fig 2b below) extending from the first portion to the bottom wall (14) and a third portion (B, Fig 2 below) extending from the first portion to top wall (12), the third portion being tapered (angled) from the first portion to top wall (Fig 1); a spout (24) extending from the top wall (12), a flange (28) extending from the top wall (12), the spout (24) having a top surface that is positioned proximal to a top surface of the flange (28) (Fig 1) and a handle (26) extending from the spout (24) to the flange (28), wherein the body comprises spaced apart corners (56), outer surfaces of the side walls each extending continuously from one of the corners to another one of the corners (Fig 1). Dorn does not teach first and second side walls including spaced apart ribs and second portions of the first and second side walls to comprise a plurality of recesses between the ribs. However, Ungrady discloses a container (Fig 1) and in particular discloses side walls of the container comprising spaced apart ribs (16) with a plurality of recesses between the ribs (13), the ribs being positioned in a first horizontal plane (A, Fig 1 above) and the recesses being positioned in a second horizontal plane (B, Fig 1 above), the first and second horizontal planes vertically offset from each other. Palmer discloses a container (Fig 1) comprising a plurality of recesses (151) located in the middle of the second portion of the side walls (11). Taken as a whole, one of ordinary skill in the art would have found it obvious to incorporate spaced apart ribs and a plurality of recesses located in between vertical axes defined by the ribs on the second portion of the Dorn side walls as suggested by Ungrady and Palmer in order to strengthen the container. The modified Dorn does not explicitly teach the dimensions of the spout as recited. However, Voelker discloses a container (Fig 1) and in particular discloses a spout (S, Fig 5 above) comprising a first section (A, Fig 5 above) extending from top wall, a second section (B, Fig 5 above) extending from the first section and a third section (C, Fig 5 above) extending from the second section, the second section (B) having a width greater than width of the first section (A) and a width of third section (C), a handle (D, Fig 5 above) extending from the spout (S) to the flange (F, Fig 5 above) such that an end of the handle directly engages the second section. One of ordinary skill in the art would have found it obvious to change the dimensions of the Dorn spout such that a first section below the section connected to the handle had less width as suggested by Voelker in order to facilitate structural integrity since the second section needs to be thicker that the rest of the spout in order to connect to the handle and support weight of the container.
Regarding claim 16, Dorn further discloses front wall (20) including a first portion (A, Fig 2a below) positioned between top (12) and bottom (14) walls, and a second portion (B, Fig 2a below) extending from first portion (A) of the front wall to bottom wall (14), the second portion (B) of the front wall being tapered from first portion (A) to bottom wall (14), back wall (22) including a first portion (A, Fig 2c below) positioned between top (12) and bottom (14) walls and a second portion (B, Fig 2c below) extending from first portion (A) of the back wall (22) to bottom wall (14), second portion (B) of the back wall (22) being tapered from first portion (A) of the back wall (22) to bottom wall (14).
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Regarding claim 17, Dorn further discloses body including a first recess (D, Fig 2b) extending into first portion of the first side wall (16) and third portion of first side wall (16), second recess (D, Fig 2d) extending into first portion of second side wall (18) and third portion of second side wall (18).
Regarding claim 18, Dorn further discloses body includes a recess (D) extending into third portion of first side wall (16), third portion of second side wall (18), and bottom wall (14) (Fig 4).
Regarding claim 19, Dorn discloses a container (Fig 1) comprising opposite top (12) and bottom (14) walls, opposite front (20) and back (22) walls each extending from top wall (12) to bottom wall (14), opposite first and second side walls (16, 18) each extending from top wall (12) to bottom wall (14) and from front wall (20) to back wall (22), the body includes at least one rib (52) extending into outer surface of at least one of the front wall (20), back wall (22), first side wall (16) and second side wall (18), the side walls each including a first portion (A, Fig 2b above) positioned between the front and back walls, a second portion (C, Fig 2b above) extending from the first portion to the bottom wall (14) and a third portion (B, Fig 2b above) extending from the first portion to top wall, the third portion being tapered continuously from the first portion to top wall (Fig 1), a spout (24) extending from top wall (12), a flange (28) extending from top wall (12), the flange (28) includes a first end that engages the top wall and opposite second end, the flange (28) being tapered from first end to second end (Fig 2a), the spout (24) having a top surface that is positioned proximal to a top surface of the flange (28) (Fig 1), a handle (26) extending from spout (24) to flange (28) such that handle (26) is spaced apart from top wall (12), wherein the body comprises spaced apart corners (56), outer surfaces of the side walls each extending continuously from one of the corners to another one of the corners (Fig 1). Dorn does not teach first and second side walls including spaced apart ribs and second portions of the first and second side walls to comprise a plurality of recesses between the ribs. However, Ungrady discloses a container (Fig 1) and in particular discloses side walls of the container comprising spaced apart ribs (16) with a plurality of recesses between the ribs (13), the ribs being positioned in a first horizontal plane (A, Fig 1 above) and the recesses being positioned in a second horizontal plane (B, Fig 1 above), the first and second horizontal planes vertically offset from each other. Palmer discloses a container (Fig 1) comprising a plurality of recesses (151) located in the middle of the second portion of the side walls (11). Taken as a whole, one of ordinary skill in the art would have found it obvious to incorporate spaced apart ribs and a plurality of recesses located in between vertical axes defined by the ribs on the second portion of the Dorn side walls as suggested by Ungrady and Palmer in order to strengthen the container. The modified Dorn does not explicitly teach the dimensions of the spout as recited. However, Voelker discloses a container (Fig 1) and in particular discloses a spout (S, Fig 5 above) comprising a first section (A, Fig 5 above) extending from top wall, a second section (B, Fig 5 above) extending from the first section and a third section (C, Fig 5 above) extending from the second section, the second section (B) having a width greater than width of the first section (A) and a width of third section (C), a handle (D, Fig 5 above) extending from the spout (S) to the flange (F, Fig 5 above) such that an end of the handle directly engages the second section. One of ordinary skill in the art would have found it obvious to change the dimensions of the Dorn spout such that a first section below the section connected to the handle had less width as suggested by Voelker in order to facilitate structural integrity since the second section needs to be thicker that the rest of the spout in order to connect to the handle and support weight of the container.
Response to Arguments
Applicant's arguments filed 10/7/2025 have been fully considered but they are not persuasive. Initially, it is noted that applicant does not argue the rejection of the dependent claims. Applicant argues that prior art does not teach the dimensions of the spout as recited. However, Voelker discloses a spout with second section directly contacting the handle end and the second section with a width greater than the first and third sections. One of ordinary skill in the art would have found it obvious to have the second section of the cited art spouts wider than the first and third sections in order to lend support to the handle since the second section is connected to the handle.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT POON whose telephone number is (571)270-7425. The examiner can normally be reached Monday thru Friday, 8:30 am to 6:00 pm.
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/ROBERT POON/ Examiner, Art Unit 3735