DETAILED ACTION
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot in view of the new ground(s) of rejections.
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 and 11-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rubo et al. (US 2011/0147401 – hereinafter Rubo) in view of Earl S. Tupper (2,690,861 – hereinafter Tupper).
Re Claims 1 and 11-13:
Rubo discloses a lid member (120, 220) to be provided at an opening part (111, 211) of a package (108, 208) for preventing drying of contents accommodated in the package (see Figs. 1 and 2A), wherein the lid member (120, 220) comprises a substrate part (125, 225) and a lid part (130, 230) configured to be openable and closable with respect to the substrate part (125, 225), made of a paper material (see paragraph [0054]), wherein the substrate part (125, 225) comprises an attaching part (127, 227) for attaching to the package (108, 208) (see paragraph [0011]), a standing wall (see outer wall at 129, and inner wall adjacent – also see inner wall of Fig. 2A) comprising an outer surface and standing from the attaching part (127, 227) and an outlet (131, 231) comprising an opening surrounded by the standing wall, arranged for the contents to be taken out via the opening part (111, 211) (see Figs. 1-3B), but fails to teach wherein the lid part comprises a swell part swelling outwardly from the lid part, the swell part comprises an inner surface formed on a side wall of the swell part and a contact part formed between the inner surface of a side wall part of the swell part and the outer surface of the standing wall, wherein the lid member is configured such that, the outlet is closed by a friction stress of the contact part between the outer surface of the standing wall and the inner surface of the lid part, wherein the standing wall includes a first protrusion extending toward the side wall of the swell part, the side wall of the swell part includes a second protrusion extending toward the standing wall, and the contact part is formed between the first protrusion and the side wall of the swell part and between the second protrusion and the standing wall, wherein a portion of the side wall of the swell part exists between the second protrusion and a horizontally extending member that extends to an outermost edge of the lid part, wherein the horizontally extending member is a flange, distinct from the lid part, that extends horizontally from a bottom portion of the lid part in a direction that is away from the lid part, and wherein the first protrusion and the second protrusion are configured to engage when the outlet is closed.
Tupper teaches wherein a lid part (14, 15, 28) comprises a swell part (14 – see Fig. 2) swelling outwardly from the lid part (15, 28), the swell part (14) comprises an inner surface (25) formed on a side wall (at 14 – see Fig. 2) of the swell part (14) and a contact part (26 – see Fig. 2-combiined with 24 forming closing means) formed between the inner surface (25) of a side wall part of the swell part (14) and an outer surface (at 11’) of a standing wall (11’), wherein the lid member is configured such that, an outlet (near 21) is closed by a friction stress of the contact part (26) between the outer surface of the standing wall (11’) and the inner surface (25) of the lid part (14,1 5, 28), wherein the standing wall (11’) includes a first protrusion (24) extending toward the side wall of the swell part (14), the side wall of the swell part (14) includes a second protrusion (at 26) extending toward the standing wall (11’), and the contact part (at 26) is formed between the first protrusion (24) and the side wall of the swell part (14) and between the second protrusion (at 26) and the standing wall (11’), wherein a portion (see below protruding piece 26) of the side wall of the swell part (14) exists between the second protrusion (at 26) and a horizontally extending member (28) that extends to an outermost edge of the lid part (14, 15, 28) (see Fig. 2), wherein the horizontally extending (28) member is a flange, distinct from the lid part (14, 15, 28), that extends horizontally from a bottom portion of the lid part (14, 15, 28) in a direction that is away from the lid part (14, 15, 28), and wherein the first protrusion (24) and the second protrusion (at 26) are configured to engage when the outlet (near 21) is closed (see Figs. 1-4). Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Rubo with that of Tupper to provide a seal sufficient enough between a cap and base to protect the contents within that would assure no gaps between the seal.
Claim(s) 2, 7, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rubo in view of David E. Gerstein (3,795,355 – hereinafter Gerstein).
Re Claims 2, 7, and 19:
Rubo discloses a lid member (120, 220) to be provided at an opening part (111, 211) of a package (108, 208) for preventing drying of contents accommodated in the package (see Figs. 1 and 2A), wherein the lid member (120, 220) comprises a substrate part (125, 225) and a lid part (130, 230) configured to be openable and closable with respect to the substrate part (125, 225), made of a paper material (see paragraph [0054]), wherein the substrate part (125, 225) comprises an attaching part (127, 227) for attaching to the package (108, 208) (see paragraph [0011]), a standing wall (see outer wall at 129, and inner wall adjacent – also see inner wall of Fig. 2A) standing from the attaching part (127, 227), an outlet (131, 231) comprising an opening surrounded by the standing wall, located at a higher location than the opening part (111, 211) (see Fig. 1) (see Figs. 1-3B), but fails to teach and a part to be pressed positioned at an upper edge of the standing wall, arranged such that, when the lid is closed, the part to be pressed abuts against and is pressed by an inner surface of the lid part, wherein the part to be pressed comprises a flange part projecting from an upper end part of the standing wall towards the outlet and completely encompassing the outlet, and the flange part is tilted, wherein when the lid is open, the flange part is tilted toward a vertical direction, wherein when the lid is closed, the lid part is in contact with the part to be pressed and the flange part is flattened in a horizontal direction, wherein the horizontal direction is transverse to the vertical direction, while the closed lid state is maintained, the lid part covers and closes the outlet while applying a pressing force onto the part to be pressed, when a retention of the closed lid state is removed, the pressing force by the lid part to the part to be pressed is removed and a force to open the lid part is applied from the part to be pressed onto the lid part.
Gerstein teaches and a part (20) to be pressed positioned at an upper edge of a standing wall (at 16B, at 16C), arranged such that, when a lid (17) is closed, the part (20) to be pressed abuts against and is pressed by an inner surface of the lid part (17), wherein the part (20) to be pressed comprises a flange part projecting from an upper end part of the standing wall (at 16B, at 16C) towards the outlet and completely encompassing the outlet (see Fig. 2), and the flange part is tilted (see Fig. 2), wherein when the lid (17) is open, the flange part is tilted toward a vertical direction (see Fig. 2), wherein when the lid (17) is closed, the lid part (17) is in contact with the part (20) to be pressed and the flange part is flattened in a horizontal direction (see Figs. 2, 2A, and 10 – Examiner notes that structure is shown that is capable of such), wherein the horizontal direction is transverse to the vertical direction (see Figs. 2, 2A, and 10), while the closed lid state is maintained, the lid part covers and closes the outlet (19) while applying a pressing force onto the part (20) to be pressed, when a retention of the closed lid state is removed, the pressing force by the lid part to the part (20) to be pressed is removed and a force to open the lid part is applied from the part (20) to be pressed onto the lid part (Examiner notes that structure is shown that is capable of that as claimed) (see Figs. 1-10). Re Claim 7: Gerstein teaches wherein the part (20) to be pressed comprises a projecting part (flange) made of an upper end of the standing wall (at 16B, at 16C) curved (see bend of flange directly below 20 in Fig. 2, see bend at 16) towards the outlet (see Fig. 4). Re Claim 19: Gerstein teaches wherein a flange part (20) is at a terminal end of a standing wall (at 16C) and the flange part (20) is tilted diagonally from an edge of the standing wall (at 16C), away from an attaching part (base area), and towards a lid part (18) configured to cover an outlet (see Figs. 1-10). Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Rubo with that of Gerstein to allow for a flexible part to additionally have dispensing support for a tissue type dispenser as known within the art.
Claim(s) 3-5 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rubo in view of Gerstein further in view of Tupper.
Re Claims 3-5 and 10:
Rubo in view of Gerstein discloses the device of claim 2, but fails to teach a contact part is formed between an inner wall of the lid part and an outer wall of the standing wall, such that the lid part closes the outlet.
Tupper further in view teaches a contact part (26 – see Fig. 2) is formed between an inner wall (25) of a lid part (15, 28) and an outer wall (at 11’) of a standing wall (11’), such that the lid part (15, 28) closes an outlet (near 21) (see Figs. 1-4). Re Claim 4: Tupper further in view teaches wherein the lid part (15, 28) comprises a swell part (14) swelling outwardly from the lid part (15, 28) and a contact part (26 – see Fig. 2) is formed between an inner surface (25) of a side wall (at 14 – see Fig. 2) of the swell part (14) and an outer surface of the standing wall (11’), such that the lid part (15, 28) closes the outlet (near 21) (see Figs. 1-4). Re Claim 5: Tupper teaches wherein the inner surface of the side wall of the swell part has a form which corresponds to the outer surface of the standing wall when the lid is closed (see Figs. 1-4). Re Claim 10: Tupper teaches wherein the swell part (14) comprises a top wall (at 14 – see Fig. 1) connected to a standing side wall part (at 14 – see Fig. 2) and the top wall (at 14 – see Fig. 1) is recessed (see space between defined by the top wall and side wall of cap member) from a peripheral part connected to the side wall part (14) towards the inner direction (see Fig. 4). Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Rubo in view of Gerstein with that of Tupper to provide a seal sufficient enough between a cap and base to protect the contents within that would assure no gaps between the seal.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rubo in view of Gerstein and Tupper and further in view of Sanfilippo et al. (US 11,267,632 – hereinafter Sanfilippo).
Re Claim 6:
Rubo in view of Gerstein and Tupper discloses the device of claim 4, but fails to teach wherein the standing wall and the side wall of the swell part are tapered towards the upper direction.
Sanfilippo further in view teaches wherein a standing wall (40, 68) and a side wall of a swell part (38) are tapered towards an upper direction (see Figs. 3 and 5) (see Figs. 1-58). Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Rubo in view of Gerstein and Tupper with that of Sanfilippo to allow for a construction design choice of bead like members that would allow for easily fitting two pieces together in a friction type fit manner.
Claim(s) 14-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rubo in view of Johns et al. (US 2004/0069788 – hereinafter Johns), Kathrin Scholer (US 2017/0354299 A1 – hereinafter Scholer) and William T. Saunders. (US 3,494,169 A1 – hereinafter Saunders).
Re Claims 14 and 16:
Rubo discloses a method for manufacturing a lid member to be provided at an opening part of a package for preventing drying of contents accommodated in the package, comprising a substrate part (125, 225) and a lid part (130, 230) which is openable and closable with respect to the substrate part (125, 225), made of a paper material (see paragraph [0054]), a lid member forming body for making at least the lid part (130, 230) and the substrate part (125, 225), and the part of the lid member forming body located more inwardly than the peripheral part of the lid member forming body in a state in which the peripheral part of the lid member forming body is supported in a state in which it can be held (see Figs. 1-3B), but fails to specifically teach the method comprising: punching, from a raw material that is a paper material, press-forming at least one of a lid part forming part which is to become the lid part and a substrate forming part which is to become the substrate part in the lid member, including deep draw forming an inner part of the lid member forming body, located more inwardly than a peripheral part of the lid member forming body, by pressing the peripheral part with at least one die to hold the peripheral part, pressing the inner part with another at least one die; and adjusting a pressing force of the at least one die with springs such that the at least one die presses with a weaker force than another at least one die such that the peripheral part is held by the at least one die but does not remain in a fixed position by the pressing of the at least one die.
Johns teaches wherein the process comprises: step of punching, from a raw material that is a paper material (see paragraph [0039]), press-forming (see paragraph [0002]), including deep draw forming (see paragraph [0145]). Re Claim 16: Johns teaches wherein the press forming is performed after a moisturizing treatment is performed on the raw material (see paragraph [0006 and 0107]). Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Rubo with that of Johns to produce a container as known within the art.
Scholer teaches punching from a raw material a lid member forming body for making at least a lid part and a substrate part (see paragraphs [0013, 0015, and 0032]). Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Rubo with that of Johns and Scholer to produce a container as known within the art.
Saunders teaches an inner part (12) of a member forming body, located more inwardly than a peripheral part (22) of the member forming body, by pressing the peripheral part (22) with at least one die (20, 56, 76) to hold the peripheral part (22), pressing the inner part (12) with another at least one die (14, 58); and adjusting a pressing force of the at least one die (56, 76) with springs (66, 84) such that the at least one die (56, 76) presses with a weaker force than another at least one die (56, 58, 76 – Examiner notes that Saunders teaches adjusting the force using the springs) such that the peripheral part (22) is held by the at least one die (20, 56, 76) but does not remain in a fixed position by the pressing of the at least one die (20, 56, 76) (see Fig. 1). Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Rubo with that of Johns, Scholer, and Saunders to produce a structure from a blank as known within the art. Examiner notes the combination would be capable of providing press-forming at least one of a lid part forming part which is to become the lid part and a substrate forming part which is to become the substrate part in the lid member by way of using the combination as cited, to form the Lid as disclosed by Rubo, without any additional inventive skills required.
Further Re Claim 15:Rubo discloses wherein the lid member forming body comprises a hinge part (133) forming body between the lid part forming part and the substrate forming part, (see Figs. 1-3B). Examiner notes the combination would be capable of providing wherein the press-forming is performed after a folding part is formed in the hinge part forming body as the method of the combined teachings would be capable of such.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rubo in view of Johns, Scholer, and Saunders and further in view of Lange.
Re Claim 17:
Rubo in view of Johns, Scholer, and Saunders discloses the device of claim 14, but fails to specifically teach wherein a closing means for maintaining a state in which the lid part is closed with respect to the substrate part is formed before the pressing step.
Lange teaches a closing means (60, 64) for maintaining a state in which the lid part is closed with respect to the substrate part (see Figs. 1-9). Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Rubo in view of Johns, Scholer, and Saunders with that of Lange to provide a seal sufficient enough between a cap and base to protect the contents within. Examiner further notes the combination would be capable of providing wherein a closing means for maintaining a state in which the lid part is closed with respect to the substrate part is formed before the press-forming, for, even though the 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.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rubo in view of Johns, Scholer, and Saunders and further in view of Gadi BenMark Markovitch (US 2016/0088980 – hereinafter Markovitch).
Re Claim 18:
Rubo in view of Johns, Scholer, and Saunders discloses the device of claim 14, but fails to specifically teach wherein after a lid member forming body provided with an opening as an outlet is formed, waterproofing treatment is performed on at least an edge part of the outlet of the lid member forming body in a state in which a plurality of said forming body are stacked.
Markovitch teaches waterproofing treatment is performed on at least an edge part of the outlet of the lid member forming body (see paragraph [0032] – entire casing is waterproof). Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Rubo in view of Johns, Scholer, and Saunders with that of Markovitch to allow a device to be protected while in transport. Examiner further notes the combination would be capable of providing wherein after a lid member forming body provided with an opening as an outlet is formed, waterproofing treatment is performed on at least the edge part of the outlet of the lid member forming body in a state in which a plurality of said forming body are stacked, for, even though the 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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 KELVIN L RANDALL, JR. whose telephone number is (571)270-5373. The examiner can normally be reached M-F: 9:00 am-5 pm est.
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/GENE O CRAWFORD/Supervisory Patent Examiner, Art Unit 3651
/K.L.R/Examiner, Art Unit 3651