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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 11 May 2026 has been entered.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 3, 5, and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cassidy et al. (US 20180079576 A1) (previously cited).
Regarding claim 1, Cassidy teaches a tabbed sealing member having a width for sealing to a rim surrounding a container opening, the sealing member comprising: a multi-layer laminate including an upper laminate portion (106) partially bonded to a lower laminate portion (112) forming a gripping tab, the gripping tap configured for removing the sealing member from the container opening (Cassidy, Abstract, Par. 0002, 0032-0040, 0062, Figs 1-2, and 12). Cassidy teaches the lower laminate portion is positioned below the gripping tab and includes a heat seal layer (118) for bonding to the container rim (Cassidy, Par. 0040, Figs 1-2, and 12). Cassidy teaches the upper laminate portion includes an induction heating layer (metal foil, 114) for providing heat to the heat seal layer in the lower laminate portion (Cassidy, Par. 0004, 0040, 0062, and Fig. 12). Cassidy teaches the tabbed sealing member can comprise a polymer foam layer (109) that can be placed at various locations in the laminate, including in the upper laminate portion, and that extends the entire width of the tabbed sealing member (Cassidy, Par. 0056-0057, and Figs 1-2, 8, and 12). Cassidy teaches the polymer foam layer can be a top layer positioned at the top of the upper laminate portion and thus positioned above the induction heating layer (114) (Cassidy, Par. 0057 and Fig. 8). Cassidy teaches the lower laminate portion comprises a heat seal layer, an optional polymer layer, and a foil (Cassidy, Par. 0040). The polymer layer is optional and the foil may be moved to the upper laminate portion (Cassidy, Par. 0062). Therefore, Cassidy teaches embodiments wherein the lower laminate consists of only the heat seal layer.
Alternatively, regarding the upper laminate portion comprising a polymer foam layer, Cassidy teaches that the upper laminate portion comprises a release layer (100) that comprises a polymer foam layer, and thus teaches the upper laminate portion comprises a polymer foam layer (Cassidy, Par. 0040-0042, 0062, and Fig. 12). Cassidy teaches the polymer foam layer is a folded layer, that when laid straight out extends the entire width of the tabbed sealing member and would be positioned above the induction heating layer (114) (Cassidy, Figs 1-3b, 8-12, and 16-18b).
Regarding claim 3, Cassidy teaches a polymer film layer (116) (Cassidy, Par. 0018, 0040, and Figs. 8 and 12). It is noted that the polymer film layer may also be interpreted as the optional tab layer of claim 1.
Regarding claim 5, Cassidy teaches the lower laminate may comprise a metal foil, but the metal foil can be moved to the upper laminate (Cassidy, Par. 0040 and 0062, Fig 12). Cassidy thus teaches embodiments wherein the metal foil is in the upper laminate and thus the lower laminate is free of metal foil.
Regarding claim 8, Cassidy teaches a liner portion positioned above the upper laminate portion, the liner portion being separable from the upper laminate portion (Cassidy, Par. 0072-0073 and Fig. 16).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Cassidy as applied to claim 1 above under 35 USC § 102(a)(1), in view of Stehli et al. (US 2014051396 A1) (previously cited).
Regarding claim 4, Cassidy teaches all of the elements of the claimed invention as stated above for claim 1. Cassidy is silent regarding the heat seal layer comprising a first adhesive portion providing a first adhesive/bond strength and a second adhesive portion having a second adhesive/bond strength, the second adhesive/bond strength being greater than the first adhesive/bond strength to provide a differential peel of the heat sealing layer.
Stehli teaches a tabbed sealing member for sealing a container, wherein the tabbed sealing member comprises a sealing layer which has a first adhesive portion providing a first adhesive strength and a second adhesive portion having a second adhesive strength, the second adhesive strength being greater than the first adhesive strength to provide a differential peel of the sealing layer (Stehli, Abstract, Par. 0008, 0010, 0049-0051, and Claim 1).
Cassidy and Stehli are analogous art as they both teach tabbed sealing members for sealing a container comprising a sealing layer. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have created first and second adhesive portions having different adhesive strengths in the heat-sealing layer of Cassidy. This would allow for a differential seal of the container that can withstand drop tests while also being easy to open (Stehli, Abstract, Par. 0008, and 0010).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Cassidy as applied to claim 1 above under 35 USC § 102(a)(1), in view of Yousif et al. (US 20060124578 A1) (previously cited).
Regarding claim 6, Cassidy teaches all of the elements of the claimed invention as stated above for claim 1. Cassidy is silent regarding at least a portion of the lower laminate portion below the gripping tab being at least one selected from the group consisting of transparent, translucent, and a combination thereof.
Yousif teaches a sealing member for sealing to the opening of a container, wherein the sealing member is transparent to allow contents of the container to be visible to a consumer (Yousif, Abstract, Par. 0005, and 0008).
Cassidy and Yousif are analogous art as they both teach sealing members for sealing to the opening of a container. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have made the sealing member of Cassidy transparent. This would allow a consumer to view the contents of the container (Yousif, Par. 0005).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Cassidy as applied to claim 1 above under 35 USC § 102(a)(1), in view of Thorstensen-Woll (US 20140061196 A1) (previously cited).
Regarding claim 7, Cassidy teaches all of the elements of the claimed invention as stated above for claim 1. Cassidy is silent regarding at least a portion of the lower laminate portion being configured to remain on a container when the tabbed sealing member is removed from the container to form a pour spout.
Thorstensen-Woll teaches a tabbed sealing member comprising upper and lower laminate portions wherein the lower laminate is configured to remain on a container when the tabbed sealing member is removed from the container (Thorstensen-Woll, Abstract, Par. 0010-0012, 0017-0018, 0024-0026, and Fig. 4). Regarding the limitation of forming a pour spout, this results in a portion of the lower laminate portion remaining on container such that it partially covers the opening (Thorstensen-Woll Par. 0024-0026, and Fig. 4), which is the same configuration as the instant pour spout as shown in the instant Figs 8-9. Therefore, Thorstensen-Woll satisfies the claim limitation of forming a pour spout.
Cassidy and Thorstensen-Woll are analogous art as they both teach tabbed sealing members comprising upper and lower laminate portions. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have configured the lower support laminate of Cassidy to remain on the container when the tabbed sealing member is removed from the container. This would allow for tamper evidence (Thorstensen-Woll, Par. 0001, 0004, and 0024).
Claims 12, 16, 18, 22-23, and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Cassidy as applied in view of Yousif et al.
Regarding claim 12, Cassidy teaches a laminate for forming a tabbed sealing member, the laminate comprising: an upper laminate portion (106) partially bonded to a lower laminate portion (112) forming a gripping tab when the laminate is formed into a sealing member (Cassidy, Abstract, Par. 0002, 0032-0040, 0062, Figs 1-2, and 12). Cassidy teaches the lower laminate portion is positioned below the gripping tab and includes a heat seal layer (118) for bonding to the container rim (Cassidy, Par. 0040, 0062, Figs 1-2, and 12). Cassidy teaches the upper laminate portion includes an induction heating layer (metal foil) for providing heat to the heat seal layer in the lower laminate portion (Cassidy, Par. 0004, 0040, 0062, and Fig. 12). Cassidy teaches that the upper laminate portion comprises a release layer (100) that comprises a polymer foam layer, and thus teaches the upper laminate portion comprises a polymer foam layer (Cassidy, Par. 0040-0042, 0062, and Fig. 12). Cassidy teaches the lower laminate portion comprises a heat seal layer, an optional polymer layer, and a foil (Cassidy, Par. 0040). The polymer layer is optional and the foil may be moved to the upper laminate portion (Cassidy, Par. 0062). Therefore, Cassidy teaches embodiments wherein the lower laminate consists of only the heat seal layer.
Alternatively, regarding the upper laminate portion comprising a polymer foam layer, Cassidy teaches the tabbed sealing member can comprise a polymer foam layer (109) that can be placed at various locations in the laminate, including in the upper laminate portion (Cassidy, Par. 0056-0057, and Figs 1-2, 8, and 12).
Cassidy is silent regarding at least a portion of the lower laminate portion below the gripping tab being at least one selected from the group consisting of transparent, translucent, and a combination thereof.
Yousif teaches a sealing member for sealing to the opening of a container, wherein the sealing member is transparent to allow contents of the container to be visible to a consumer (Yousif, Abstract, Par. 0005, and 0008).
Cassidy and Yousif are analogous art as they both teach sealing members for sealing to the opening of a container. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have made the sealing member of Cassidy transparent. This would allow a consumer to view the contents of the container (Yousif, Par. 0005).
Regarding claim 16, modified Cassidy teaches the lower laminate may comprise a metal foil, but the metal foil can be moved to the upper laminate (Cassidy, Par. 0040, 0062, Fig. 12). Modified Cassidy thus teaches embodiments wherein the metal foil is in the upper laminate and thus the lower laminate is free of metal foil.
Regarding claim 18, modified Cassidy teaches a liner portion positioned above the upper laminate portion, the liner portion being separable from the upper laminate portion (Cassidy, Par. 0072-0073 and Fig. 16).
Regarding claim 22, Cassidy teaches a tabbed sealing member system comprising: a container having a land area; a multi-layer laminate including an upper laminate portion (106) partially bonded to a lower laminate portion (112) forming a gripping tab, the gripping tap configured for removing the sealing member from the container land area (Cassidy, Abstract, Par. 0002, 0032-0040, and Figs 1-2). Cassidy teaches the lower laminate portion is positioned below the gripping tab and includes a heat seal layer (118) for bonding to the container rim (Cassidy, Par. 0040 and Figs 1-2). Cassidy teaches the upper laminate portion includes an induction heating layer (metal foil) for providing heat to the heat seal layer in the lower laminate portion (Cassidy, Par. 0004, 0040, and 0062).
Cassidy is silent regarding at least a portion of the lower laminate portion below the gripping tab being at least one selected from the group consisting of transparent, translucent, and a combination thereof.
Yousif teaches a sealing member for sealing to the opening of a container, wherein the sealing member is transparent to allow contents of the container to be visible to a consumer (Yousif, Abstract, Par. 0005, and 0008).
Cassidy and Yousif are analogous art as they both teach sealing members for sealing to the opening of a container. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have made the sealing member of Cassidy transparent. This would allow a consumer to view the contents of the container (Yousif, Par. 0005).
Regarding claim 23, modified Cassidy teaches the lower laminate may comprise a metal foil, but the metal foil can be moved to the upper laminate (Cassidy, Par. 0040 and 0062). Modified Cassidy thus teaches embodiments wherein the metal foil in in the upper laminate and thus the lower laminate is free of metal foil.
Regarding claim 26, modified Cassidy teaches that the upper laminate portion comprises a release layer (100) that comprises a polymer foam layer, and thus teaches the upper laminate portion comprises a polymer foam layer (Cassidy, Par. 0040-0042, 0062, and Fig. 12). Modified Cassidy teaches the polymer foam layer is a folded layer, that when laid straight out extends the entire width of the tabbed sealing member and would be positioned above the induction heating layer (114) (Cassidy, Figs 1-3b, 8-12, and 16-18b).
Alternatively, modified Cassidy teaches the tabbed sealing member can comprise a polymer foam layer (109) that can be placed at various locations in the laminate, including in the upper laminate portion, and that extends the entire width of the tabbed sealing member (Cassidy, Par. 0056-0057, and Figs 1-2, 8, and 12). Modified Cassidy teaches the polymer foam layer can be a top layer positioned at the top of the upper laminate portion and thus positioned above the induction heating layer (114) (Cassidy, Par. 0057 and Fig. 8).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Cassidy in view of Yousif et al. as applied to claim 12 above under 35 USC § 103, further in view of Stehli et al.
Regarding claim 15, Cassidy teaches all of the elements of the claimed invention as stated above for claim 12. Cassidy is silent regarding the heat seal layer comprising a first adhesive portion providing a first adhesive/bond strength and a second adhesive portion having a second adhesive/bond strength, the second adhesive/bond strength being greater than the first adhesive/bond strength to provide a differential peel of the heat sealing layer.
Stehli teaches a tabbed sealing member for sealing a container, wherein the tabbed sealing member comprises a sealing layer which has a first adhesive portion providing a first adhesive strength and a second adhesive portion having a second adhesive strength, the second adhesive strength being greater than the first adhesive strength to provide a differential peel of the sealing layer (Stehli, Abstract, Par. 0008, 0010, 0049-0051, and Claim 1).
Cassidy and Stehli are analogous art as they both teach tabbed sealing members for sealing a container comprising a sealing layer. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have created first and second adhesive portions having different adhesive strengths in the heat-sealing layer of Cassidy. This would allow for a differential seal of the container that can withstand drop tests while also being easy to open (Stehli, Abstract, Par. 0008, and 0010).
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Cassidy in view of Yousif et al. as applied to claim 22 above, further in view of Stehli et al.
Regarding claim 24, modified Cassidy teaches all of the elements of the claimed invention as stated above for claim 22. Modified Cassidy is silent regarding the heat seal layer comprising a first adhesive portion providing a first adhesive/bond strength and a second adhesive portion having a second adhesive/bond strength, the second adhesive/bond strength being greater than the first adhesive/bond strength to provide a differential peel of the heat sealing layer.
Stehli teaches a tabbed sealing member for sealing a container, wherein the tabbed sealing member comprises a sealing layer which has a first adhesive portion providing a first adhesive strength and a second adhesive portion having a second adhesive strength, the second adhesive strength being greater than the first adhesive strength to provide a differential peel of the sealing layer (Stehli, Abstract, Par. 0008, 0010, 0049-0051, and Claim 1).
Modified Cassidy and Stehli are analogous art as they both teach tabbed sealing members for sealing a container comprising a sealing layer. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have created first and second adhesive portions having different adhesive strengths in the heat-sealing layer of modified Cassidy. This would allow for a differential seal of the container that can withstand drop tests while also being easy to open (Stehli, Abstract, Par. 0008, and 0010).
Claims 25 and 27 are rejected under 35 U.S.C. 103 as being unpatentable over Cassidy in view of Stehli et al., Thorstensen-Woll, and Yousif et al.
Regarding claim 25, Cassidy teaches a tabbed sealing member having a width for sealing to a rim surrounding a container opening, the sealing member comprising: a multi-layer laminate including an upper laminate portion (106) partially bonded to a lower laminate portion (112) forming a gripping tab, the gripping tap configured for removing the sealing member from the container opening (Cassidy, Abstract, Par. 0002, 0032-0040, 0062, Figs 1-2, and 12). Cassidy teaches the lower laminate portion is positioned below the gripping tab and includes a heat seal layer (118) for bonding to the container rim (Cassidy, Par. 0040, Figs 1-2, and 12). Cassidy teaches the upper laminate portion includes an induction heating layer (metal foil, 114) for providing heat to the heat seal layer in the lower laminate portion (Cassidy, Par. 0004, 0040, 0062, and Fig. 12). Cassidy teaches that the upper laminate portion comprises a release layer (100) that comprises a polymer foam layer, and thus teaches the upper laminate portion comprises a polymer foam layer (Cassidy, Par. 0040-0042, 0062, and Fig. 12). Cassidy teaches the polymer foam layer is a folded layer, that when laid straight out extends the entire width of the tabbed sealing member (Cassidy, Figs 1-3b, 8-12, and 16-18b).
Alternatively, regarding the upper laminate portion comprising a polymer foam layer, Cassidy teaches the tabbed sealing member can comprise a polymer foam layer (109) that can be placed at various locations in the laminate, including in the upper laminate portion, and that extends the entire width of the tabbed sealing member (Cassidy, Par. 0056-0057, and Figs 1-2, 8, and 12).
Cassidy is silent regarding the heat seal layer comprising a plurality of adhesive portions, a first adhesive portion configured to provide a first bond strength to the rim when installed, and a second adhesive portion configured to provide a second bond strength to the rim when installed, the second bond strength being greater than the first bond strength to provide a differential peel of the heat sealing layer.
Stehli teaches a tabbed sealing member for sealing a container, wherein the tabbed sealing member comprises a sealing layer which has a first adhesive portion providing a first adhesive strength and a second adhesive portion having a second adhesive strength, the second adhesive strength being greater than the first adhesive strength to provide a differential peel of the sealing layer (Stehli, Abstract, Par. 0008, 0010, 0049-0051, and Claim 1).
Cassidy and Stehli are analogous art as they both teach tabbed sealing members for sealing a container comprising a sealing layer. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have created first and second adhesive portions having different bond strengths in the heat-sealing layer of modified Cassidy. This would allow for a differential seal of the container that can withstand drop tests while also being easy to open (Stehli, Abstract, Par. 0008, and 0010).
Modified Cassidy is silent regarding the second adhesive portion remaining adhered to the rim when a user removes the tabbed sealing member to provide at least a portion of the lower laminate portion being on the rim to form a pour spout.
Thorstensen-Woll teaches a tabbed sealing member comprising upper and lower laminate portions wherein the lower laminate is configured to remain on a container when the tabbed sealing member is removed from the container (Thorstensen-Woll, Abstract, Par. 0010-0012, 0017-0018, 0024-0026, and Fig. 4). Regarding the limitation of forming a pour spout, this results in a portion of the lower laminate portion remaining on container such that it partially covers the opening (Thorstensen-Woll Par. 0024-0026, and Fig. 4), which is the same configuration as the instant pour spout as shown in the instant Figs 8-9. Therefore, Thorstensen-Woll satisfies the claim limitation of forming a pour spout.
Modified Cassidy and Thorstensen-Woll are analogous art as they both teach tabbed sealing members comprising upper and lower laminate portions. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have configured the lower support laminate of modified Cassidy to remain on the container when the tabbed sealing member is removed from the container. This would allow for tamper evidence (Thorstensen-Woll, Par. 0001, 0004, and 0024).
Modified Cassidy is silent regarding at least a portion of the lower laminate portion being at least one selected from the group consisting of transparent, translucent, and a combination thereof.
Yousif teaches a sealing member for sealing to the opening of a container, wherein the sealing member is transparent to allow contents of the container to be visible to a consumer (Yousif, Abstract, Par. 0005, and 0008).
Modified Cassidy and Yousif are analogous art as they both teach sealing members for sealing to the opening of a container. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have made the sealing member of modified Cassidy transparent. This would allow a consumer to view the contents of the container (Yousif, Par. 0005).
Regarding claim 27, modified Cassidy teaches that the upper laminate portion comprises a release layer (100) that comprises a polymer foam layer, and thus teaches the upper laminate portion comprises a polymer foam layer (Cassidy, Par. 0040-0042, 0062, and Fig. 12). Modified Cassidy teaches the polymer foam layer is a folded layer, that when laid straight out extends the entire width of the tabbed sealing member and would be positioned above the induction heating layer (114) (Cassidy, Figs 1-3b, 8-12, and 16-18b).
Alternatively, modified Cassidy teaches the tabbed sealing member can comprise a polymer foam layer (109) that can be placed at various locations in the laminate, including in the upper laminate portion, and that extends the entire width of the tabbed sealing member (Cassidy, Par. 0056-0057, and Figs 1-2, 8, and 12). Modified Cassidy teaches the polymer foam layer can be a top layer positioned at the top of the upper laminate portion and thus positioned above the induction heating layer (114) (Cassidy, Par. 0057 and Fig. 8).
Response to Arguments
Applicant’s remarks and amendments filed 11 November 2025 have been fully considered.
On page 8 of the remarks, Applicant first argues that Cassidy does not teach the polymer foam layer is positioned above the induction heating layer. This is not found persuasive for the following reasons:
Cassidy teaches that the upper laminate portion comprises a release layer (100) that comprises a polymer foam layer, and thus teaches the upper laminate portion comprises a polymer foam layer (Cassidy, Par. 0040-0042, 0062, and Fig. 12). Cassidy teaches the polymer foam layer is a folded layer, that when laid straight out extends the entire width of the tabbed sealing member and would be positioned above the induction heating layer (114) (Cassidy, Figs 1-3b, 8-12, and 16-18b).
Alternatively, Cassidy teaches the tabbed sealing member can comprise a polymer foam layer (109) that can be placed at various locations in the laminate, including in the upper laminate portion, and that extends the entire width of the tabbed sealing member (Cassidy, Par. 0056-0057, and Figs 1-2, 8, and 12). Cassidy teaches the polymer foam layer can be a top layer positioned at the top of the upper laminate portion and thus positioned above the induction heating layer (114) (Cassidy, Par. 0057 and Fig. 8).
In view of the above, Cassidy teaches a polymer foam layer positioned above the induction heating layer and Applicant’s argument is unpersuasive.
Secondly, on page 8 of the remarks, Applicant argues that the portion of Cassidy below the gripping tab cannot be transparent or translucent. This is not found persuasive for the following reasons:
To note, the grounds of rejection above does not rely upon Cassidy to teach the translucent or transparent feature. Instead, Yousif relied upon to render obvious the translucent or transparent feature. Furthermore, nothing in Cassidy indicates that the material cannot be made translucent or transparent. Applicant has not provided any evidence or rationale as to why none of the portion below the gripping tab of Cassidy could be made transparent or translucent. Therefore, Applicant’s argument is unpersuasive.
Conclusion
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/THOMAS J KESSLER/Examiner, Art Unit 1782
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