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
This office action is in response to the reply filed on 3/13/2026, wherein claims 1, 10, 23 were amended, claims 2, 6-7, 9, 12, 21 are cancelled. Claims 1, 3-5, 8, 10-11, 13-20, 22-23 are pending. Claims 13-20 are withdrawn
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, 3-5, 8, 10-11, 22-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over by Crabbe (US 2423295 A) in view of Snyder (US 4007848 A).
With respect to claim 1, Crabbe discloses a container system comprising: a closure (C) comprising a female thread; a blow molded container comprising: a body (1); and a neck (2) coupled to the body, the neck including a neck finish, the neck finish comprising a male thread (4) having a length and being configured to engage the female thread to couple the closure to the neck, the neck including a continuous inner surface (surface 11) and an outer surface (surface opposite inner surface) opposite the inner surface, the male thread (4) extending from the outer surface, the neck including at least one recess (10) extending into the outer surface without extending through the inner surface, the at least one recess (10) defining at least one gas vent, the at least one gas vent (10) being spaced apart from the male thread, wherein gas within the container exits through the at least one gas vent when the male thread engages the female thread . (“engages” can be the initial engagement of the threads)
However, Crabbe failed to disclose of a helical male thread, the male thread comprising spaced apart male thread sections along the length, the male thread sections defining at least one gap therebetween, wherein gas within the container exits through the at least one gap. However in a similar field of endeavor, namely bottle closures, Snyder taught of a helical male thread with openings (18, 50, 54, etc.) to aide in the release of gas (abstract and col 1 lines 23-37) from pressurized substances stored within the container. Dreyer states on col 3 line 65- col 4 line 7, “With the invention, on the other hand, short, direct, rapidly available venting channels provide prompt release of gas pressure within the cap and avoid missiling.” Teaching that each vent of assembly of Snyder is aligned with one another, in incorporation with Crabbe would be obvious to have a venting structure that is aligned to promote quick release of gas. It would have been obvious for someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the threads of Crabbe to be helical and have interrupted segments as taught by Snyder in order to allow for further improved gas release.
Examiner Note: The use of interrupted threads in closures is well-known in the art. Other prior art includes; Dreyer (AU 707771 B2), Dreyer (WO 2014012904 A2), Sanford (US 2351150 A).
Examiner Note: Crabbe discloses a system capable of being blow molded. the limitation blow molded container is considered to constitute a product by process limitation that does not materially affect structure. "Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by- process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process" (See MPEP 2113; In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985).)
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With respect to claim 3, the references as applied to claim 1, above, disclose all the limitations of the claims. Crabbe further discloses wherein the at least one vent (10) includes a plurality of vents.
With respect to claim 4, the references as applied to claim 1, above, disclose all the limitations of the claims. Crabbe further discloses wherein the neck includes a circumferential lip (top surface of 11) that defines an opening of the neck and is configured to sealing engage the closure, the inner surface defining the opening.
With respect to claim 5, the references as applied to claim 4, above, disclose all the limitations of the claims. Crabbe further discloses wherein the at least one vent includes a plurality of vents (10) disposed about the lip.
With respect to claim 8, the references as applied to claim 1, above, disclose all the limitations of the claims. Crabbe in view of Snyder further teaches wherein the male thread is discontinuous and includes spaced apart gaps extending therethrough. (as taught by the threads of Snyder)
With respect to claim 10, Crabbe discloses a container system comprising: a closure (C) comprising a female thread; and a blow molded container comprising: a body (1) defining a volume and having a base, and a neck (2) coupled to the body, the neck including a circumferential lip (top surface adjacent 11), an inner surface (surface below 11) and an outer surface opposite the inner surface, the inner surface defining an opening of the neck, the lip being configured to engage the closure, the neck further including and a male thread (4) having a length, the male thread being configured to engage the female thread to couple the closure to the neck (fig 1-2, 3); wherein the lip includes at least one recess (10) extending into the outer surface without extending through the inner surface, the at least one recess defining at least one gas vent, the at least one vent (10) being spaced apart from the male wherein gas within the volume exits the volume through the at least one gas vent when the male thread engages the female thread.
Crabbe failed to disclose the male thread comprising spaced apart male thread sections along the length, the male thread sections defining at least one gap therebetween; the at least one vent being spaced apart from the male thread and aligned with the at least one gap, and wherein gas exits the volume through the at least one gap. However, in a similar field of endeavor, namely bottle closures, Snyder taught of a helical male thread with openings (18, 50, 54, etc.) to aide in the release of gas (abstract and col 1 lines 23-37) from pressurized substances stored within the container. Dreyer states on col 3 line 65- col 4 line 7, “With the invention, on the other hand, short, direct, rapidly available venting channels provide prompt release of gas pressure within the cap and avoid missiling.” Teaching that each vent of assembly of Snyder is aligned with one another, in incorporation with Crabbe it would be obvious to have a venting structure that is aligned to promote quick release of gas. (Further reference Dreyer WO 2014012904 A2 elaborates on the advantage of aligned venting recesses and creates “venting behavior” on page 3 [0006]). It would have been obvious for someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the threads of Crabbe to be have interrupted aligned segments as taught by Snyder in order to allow for further improved gas release.
Examiner Note: The use of interrupted threads in closures is well-known in the art. Other prior art includes; Dreyer (AU 707771 B2), Dreyer (WO 2014012904 A2), Sanford (US 2351150 A).
Examiner Note: Crabbe discloses a system capable of being blow molded. the limitation blow molded container is considered to constitute a product by process limitation that does not materially affect structure. "Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by- process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process" (See MPEP 2113; In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985).)
With respect to claim 11, the references as applied to claim 1, above, disclose all the limitations of the claims. Crabbe further discloses wherein the at least one vent (10) includes a plurality of vents disposed about the lip.
With respect to claim 22, the references as applied to claim 1, above, disclose all the limitations of the claims except for wherein the atleast one vent includes a configuration adapted to provide tamper evidence. (Broad statement, the device is capable of having a tamper evidence sticker placed on it to meet the claimed limitation.)
With respect to claim 23, Crabbe discloses a container system comprising: a closure comprising a female thread; and a blow molded container comprising: a body (1), and a neck (2) coupled to the body, the neck including opposite inner and outer surfaces, the inner defining an opening (inside of 11), the neck including a male thread (4) having a length and extending from the outer surface, , the male thread being configured to engage the female thread to couple the closure to the neck (fig 1), the neck includes a recess (10) extending into the outer surface without extending through the inner surface, the vent (10) being spaced apart from a crest of the male thread (4), wherein gas within the container exits the container through the gap when the male thread engages the female thread .
Crabbe failed to disclose the male thread comprising spaced apart male thread sections along the length neck including a gap extending through the male thread and the recess defining a gas vent aligned with the gap. However, in a similar field of endeavor, namely bottle closures, Snyder taught of a helical male thread with openings (18, 50, 54, etc.) to aide in the release of gas (abstract and col 1 lines 23-37) from pressurized substances stored within the container. Dreyer states on col 3 line 65- col 4 line 7, “With the invention, on the other hand, short, direct, rapidly available venting channels provide prompt release of gas pressure within the cap and avoid missiling.” Teaching that each vent of assembly of Snyder is aligned with one another, in incorporation with Crabbe would be obvious to have a venting structure that is aligned to promote quick release of gas. (Further reference Dreyer WO 2014012904 A2 elaborates on the advantage of aligned venting recesses and creates “venting behavior” on page 3 [0006]). It would have been obvious for someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the threads of Crabbe to be have interrupted aligned segments as taught by Snyder in order to allow for further improved gas release.
Examiner Note: Crabbe discloses a system capable of being blow molded. the limitation blow molded container is considered to constitute a product by process limitation that does not materially affect structure. "Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by- process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process" (See MPEP 2113; In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985).)
Claim(s) 10-11, and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Crabbe (US 2423295 A) in view of Dreyer (WO 2014012904 A2).
With respect to claim 10, Crabbe discloses a container system comprising: a closure (C) comprising a female thread; and a blow molded container comprising: a body (1) defining a volume and having a base, and a neck (2) coupled to the body, the neck including a circumferential lip (top surface adjacent 11), an inner surface (surface below 11) and an outer surface opposite the inner surface, the inner surface defining an opening of the neck, the lip being configured to engage the closure, the neck further including and a male thread (4) having a length, the male thread being configured to engage the female thread to couple the closure to the neck (fig 1-2, 3); wherein the lip includes at least one recess (10) extending into the outer surface without extending through the inner surface, the at least one vent (10) being spaced apart from the male wherein gas within the volume exits the volume through the at least one gas vent when the male thread engages the female thread.
Crabbe failed to disclose the male thread comprising spaced apart male thread sections and the at least one recess defining at least one gas vent aligned with the at least one gap. However, in a similar field of endeavor, namely closures, Dreyer taught of a closure with discontinuous male threads. This discontinuity served as the venting feature and was aligned to provide for good venting behavior ( [0006] on page 3). It would have been obvious for someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified male threads of Crabbe to include aligned gaps as taught by Dreyer in order to allow for better venting behavior.
Examiner Note: Crabbe discloses a system capable of being blow molded. the limitation blow molded container is considered to constitute a product by process limitation that does not materially affect structure. "Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by- process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process" (See MPEP 2113; In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985).)
With respect to claim11, the references as applied to claim 1, above, disclose all the limitations of the claims. Crabbe further discloses wherein the at least one vent (10) includes a plurality of vents disposed about the lip.
With respect to claim 23, Crabbe discloses a container system comprising: a closure comprising a female thread; and a blow molded container comprising: a body (1), and a neck (2) coupled to the body, the neck including opposite inner and outer surfaces, the inner defining an opening (inside of 11), the neck including a male thread (4) having a length and extending from the outer surface, , the male thread being configured to engage the female thread to couple the closure to the neck (fig 1), the neck includes a recess (10) extending into the outer surface without extending through the inner surface, the vent (10) being spaced apart from a crest of the male thread (4), wherein gas within the container exits the container through the gap when the male thread engages the female thread .
Crabbe failed to disclose the male thread comprising space apart male thread sections along the length and the neck including a gap extending through the male thread and the recess defining a gas vent aligned with the gap. However, in a similar field of endeavor, namely closures, Dreyer taught of a closure with discontinuous male threads. This discontinuity served as the venting feature and was aligned to provide for good venting behavior ( [0006] on page 3). It would have been obvious for someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified male threads of Crabbe to include aligned gaps as taught by Dreyer in order to allow for better venting behavior.
Examiner Note: Crabbe discloses a system capable of being blow molded. the limitation blow molded container is considered to constitute a product by process limitation that does not materially affect structure. "Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by- process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process" (See MPEP 2113; In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985).)
Claim(s) 1, 3-5, 8, 10-11, 22-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over by Crabbe (US 2423295 A) in view of Covi (WO 2021009785 A1).
With respect to claim 1, Crabbe discloses a container system comprising: a closure (C) comprising a female thread; a blow molded container comprising: a body (1); and a neck (2) coupled to the body, the neck including a neck finish, the neck finish comprising a male thread (4) having a length and being configured to engage the female thread to couple the closure to the neck, the neck including a continuous inner surface (surface 11) and an outer surface (surface opposite inner surface) opposite the inner surface, the male thread (4) extending from the outer surface, the neck including at least one recess (10) extending into the outer surface without extending through the inner surface, the at least one recess (10) defining at least one gas vent, the at least one gas vent (10) being spaced apart from the male thread, wherein gas within the container exits through the at least one gas vent when the male thread engages the female thread . (“engages” can be the initial engagement of the threads)
However, Crabbe failed to disclose of a helical male thread, the male thread comprising spaced apart male thread sections along the length, the male thread sections defining at least one gap therebetween, wherein gas within the container exits through the at least one gap. However in a similar field of endeavor, namely bottle necks, Covi taught of a helical male thread with openings (39, 36) to aide in the release of gas (page 5 lines 20-23) alignment of venting features allowing for substantially continuous air passage channel. Crabbe teaches of threading but Covi teaches of the addition of gaps in the threading (to aid in venting) and an alignment of venting features. It would have been obvious for someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the threads of Crabbe to be helical and have interrupted segments aligned with the gas vent as taught by Covi in order to allow for further improved gas release.
Examiner Note: The use of interrupted threads in closures is well-known in the art. Other prior art includes; Dreyer (AU 707771 B2), Dreyer (WO 2014012904 A2), Sanford (US 2351150 A).
Examiner Note: Crabbe discloses a system capable of being blow molded. the limitation blow molded container is considered to constitute a product by process limitation that does not materially affect structure. "Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by- process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process" (See MPEP 2113; In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985).)
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With respect to claim 3, the references as applied to claim 1, above, disclose all the limitations of the claims. Crabbe further discloses wherein the at least one vent (10) includes a plurality of vents.
With respect to claim 4, the references as applied to claim 1, above, disclose all the limitations of the claims. Crabbe further discloses wherein the neck includes a circumferential lip (top surface of 11) that defines an opening of the neck and is configured to sealing engage the closure, the inner surface defining the opening.
With respect to claim 5, the references as applied to claim 4, above, disclose all the limitations of the claims. Crabbe further discloses wherein the at least one vent includes a plurality of vents (10) disposed about the lip.
With respect to claim 8, the references as applied to claim 1, above, disclose all the limitations of the claims. Crabbe in view of Snyder further teaches wherein the male thread is discontinuous and includes spaced apart gaps extending therethrough. (as taught by the threads of Covi)
With respect to claim 10, Crabbe discloses a container system comprising: a closure (C) comprising a female thread; and a blow molded container comprising: a body (1) defining a volume and having a base, and a neck (2) coupled to the body, the neck including a circumferential lip (top surface adjacent 11), an inner surface (surface below 11) and an outer surface opposite the inner surface, the inner surface defining an opening of the neck, the lip being configured to engage the closure, the neck further including and a male thread (4) having a length, the male thread being configured to engage the female thread to couple the closure to the neck (fig 1-2, 3); wherein the lip includes at least one recess (10) extending into the outer surface without extending through the inner surface, the at least one recess defining at least one gas vent, the at least one vent (10) being spaced apart from the male wherein gas within the volume exits the volume through the at least one gas vent when the male thread engages the female thread.
Crabbe failed to disclose the male thread comprising spaced apart male thread sections along the length, the male thread sections defining at least one gap therebetween; the at least one vent being spaced apart from the male thread and aligned with the at least one gap, and wherein gas exits the volume through the at least one gap. However in a similar field of endeavor, namely bottle necks, Covi taught of a helical male thread with openings (39, 36) to aide in the release of gas (page 5 lines 20-23) alignment of venting features allowing for substantially continuous air passage channel. Crabbe teaches of threading but Covi teaches of the addition of gaps in the threading (to aid in venting) and an alignment of venting features. It would have been obvious for someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the threads of Crabbe to be helical and have interrupted segments aligned with the gas vent as taught by Covi in order to allow for further improved gas release.
Examiner Note: The use of interrupted threads in closures is well-known in the art. Other prior art includes; Dreyer (AU 707771 B2), Dreyer (WO 2014012904 A2), Sanford (US 2351150 A).
Examiner Note: Crabbe discloses a system capable of being blow molded. the limitation blow molded container is considered to constitute a product by process limitation that does not materially affect structure. "Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by- process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process" (See MPEP 2113; In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985).)
With respect to claim 11, the references as applied to claim 1, above, disclose all the limitations of the claims. Crabbe further discloses wherein the at least one vent (10) includes a plurality of vents disposed about the lip.
With respect to claim 22, the references as applied to claim 1, above, disclose all the limitations of the claims except for wherein the atleast one vent includes a configuration adapted to provide tamper evidence. (Broad statement, the device is capable of having a tamper evidence sticker placed on it to meet the claimed limitation.)
With respect to claim 23, Crabbe discloses a container system comprising: a closure comprising a female thread; and a blow molded container comprising: a body (1), and a neck (2) coupled to the body, the neck including opposite inner and outer surfaces, the inner defining an opening (inside of 11), the neck including a male thread (4) having a length and extending from the outer surface, , the male thread being configured to engage the female thread to couple the closure to the neck (fig 1), the neck includes a recess (10) extending into the outer surface without extending through the inner surface, the vent (10) being spaced apart from a crest of the male thread (4), wherein gas within the container exits the container through the gap when the male thread engages the female thread .
Crabbe failed to disclose the male thread comprising spaced apart male thread sections along the length neck including a gap extending through the male thread and the recess defining a gas vent aligned with the gap. However in a similar field of endeavor, namely bottle necks, Covi taught of a helical male thread with openings (39, 36) to aide in the release of gas (page 5 lines 20-23) alignment of venting features allowing for substantially continuous air passage channel. Crabbe teaches of threading but Covi teaches of the addition of gaps in the threading (to aid in venting) and an alignment of venting features. It would have been obvious for someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the threads of Crabbe to be helical and have interrupted segments aligned with the gas vent as taught by Covi in order to allow for further improved gas release.
Examiner Note: Crabbe discloses a system capable of being blow molded. the limitation blow molded container is considered to constitute a product by process limitation that does not materially affect structure. "Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by- process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process" (See MPEP 2113; In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985).)
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 4747502 A, US 8453866 B2, US 20150321789 A1, US 20170197764 A1, US 20180134460 A1, US 20220015560 A1, WO 2014012904 A2, and WO 2021009785 A1.
Response to Arguments
Applicant's arguments filed 3/13/2026 have been fully considered but they are not persuasive. Firstly, applicant does not directly address the Snyder reference and therefore fails to state how the amendments would overcome said reference. Applicant asserts that neither Crabbe or Dreyer include a container neck that extends into an outer surface of the neck and gaps between threads the extend from the outer surface of the neck. However, examiner shows that the combination of Crabbe and Dreyer does disclose such matter. Dreyer’s inventions teaches of gaps between threads as a venting channel. The alignment of said gaps being pertinent to venting. Crabbe teaches of a gas vent. In combination with Dreyer’s teaching, a gas vent would be aligned with the other venting elements (gaps) of a venting channel. Dreyer essentially teaches of a gap in threads and alignment of venting features. In fact Dreyer states on col 3 line 65- col 4 line 7, “With the invention, on the other hand, short, direct, rapidly available venting channels provide prompt release of gas pressure within the cap and avoid missiling.”. Teaching that an alignment of a gas path in a direct manner can promote quick release of gas pressure. Crabbes invention would benefit from this teaching, as it would promote a quicker release of gas.
Alignment of venting features is common in the field. Other references such as Covi (WO 2021009785 A1) teach of an alignment of slits to form a channel for gas passage. (page 5 lines 20-23)
Conclusion
THIS ACTION IS MADE FINAL. 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 extension fee 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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/S.K.S./Examiner, Art Unit 3735
/ERNESTO A GRANO/Primary Examiner, Art Unit 3735
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