DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter 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 pre-AIA 35 U.S.C. 103(a) 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.
Claims 21, 29, 34-35, 37-38, 41 and 43 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Hovatter (US 5,354,539) in view of Abbott (US 3,240,405).
Regarding claim 21, Hovatter (figs. 1-2 and 5) discloses a method of opening a resealable container, the resealable container including a lid 4 pivotably attached to a body 3 by a hinge 28, 29, the lid 4 including a thumb tab 58 that extends outwardly beyond a sidewall of the body 3 when the lid 4 is in a closed position, there being no portion of the resealable container adjacent to the thumb tab that extends radially beyond the thumb tab and there being no structure beneath the thumb tab 58 obstructing access to an underside of the thumb tab in a manner that would prevent one from applying upward pressure to the underside of the thumb tab by pressing or pulling the thumb tab with a thumb, the method comprising:
applying pressure to the thumb tab to disengage a protrusion 21 on the body 3 from a recess of the lid 4, thereby allowing the lid 4 to be moved from the closed position to an open position, wherein the protrusion 21 is located on an opposite side of the body 3 from the hinge, wherein the lid 4 has a periphery 36 comprising an underside that includes a downward facing seating surface 36’ that occupies a single horizontal seating surface plane 24, the seating surface contacting an upper end of a sidewall of the body 3 when the lid 4 is in the closed position, the upper end of the sidewall of the body 3 occupying a single horizontal end plane, the lid 4 including a seal 48 extending downwardly beyond the seating surface 36’ and the upper end of the sidewall of the body such that when the lid 4 is in the closed position, the seal 48 extends into an interior space of the body and an outer wider surface of the seal, which is perpendicular to the single horizontal seating surface plane 24, and abuts against a body sealing surface 18 of an inner surface of the sidewall to create a compressive force between the outer wider surface of the seal and the body sealing surface, thereby creating a plug between the lid 4 and the body to control ingress of moisture into the interior space; and
wherein the seal 48 has a bottom portion that includes a tapered outer surface that tapers radially inward from the outer wider surface of the seal above the tapered surface capable of facilitating movement of the lid from the open position to the closed position, such that when the lid is transitioned from the open position to the closed position, the tapered outer surface initially enters into the interior space with no interference from the body sealing surface or less interference with the body sealing surface than the outer wider surface of the seal has with the body sealing surface when the lid is in the closed position.
Hovatter further teaches twisting the lid to disengaged the protrusion and then applying upward pressure but fails to disclose applying upward pressure to the underside of the thumb tab by pressing up on or pulling up on the thumb tab to disengage the protrusion 21 on one of the lid from the recess of the body.
However, Abbott teaches a lid 24 being disengaged by simply applying upward pressure (figs. 2-3 and col. 2, lines 40-43).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed, to modify the engagement of the lid of Hovatter such that the protrusion disengages upon upward pulling of the lid rather than requiring a twisting operation, because doing so simplifies user operation by providing a single motion opening.
Regarding claim 29, Hovatter further discloses an extension 61 is positioned radially outward relative to the seal 48, the extension depending downwardly from a front portion of the lid 4 when the lid 4 is in the closed position, the extension and seal 48 defining an aperture therebetween, the extension 61 comprising the recess facing the aperture (fig. 13).
Regarding claim 34, the modified Hovatter further discloses grasping an exterior of the sidewall of the body prior to applying upward pressure to the thumb tab (figs. 1-2 and 5).
Regarding claim 35, Hovatter further discloses the seal 48 is in the form of an inner ring, and wherein in the closed position the seal prevents or inhibits ingress of moisture between the lid and the body (col. 6, lines 40-43).
Regarding claim 37, Hovatter further discloses the protrusion 21 being separate or spaced-apart from the seal 48 (fig. 6).
Regarding claim 38, Hovatter further discloses the protrusion 21 being configured to maintain or lock the seal between the lid and the body (fig. 6).
Regarding claim 41, Hovatter (figs. 1-2 and 5) discloses a method of opening a resealable container, the resealable container including a lid 4 pivotably attached to a body by a hinge 28, 29, the lid including a thumb tab 58 that extends outwardly beyond a sidewall of the body 3 when the lid 4 is in a closed position, the thumb tab 58 extending radially beyond any other portion of the resealable container, the thumb tab 58 having an underside that is physically accessible to a thumb for applying upward pressure to the underside of the thumb tab by pressing or pulling the thumb tab with the thumb, the method comprising:
applying pressure to the thumb tab to disengage a protrusion 21 on the body from a recess of the lid 4, thereby allowing the lid 4 to be moved from the closed position to an open position, wherein the protrusion 21 is located on an opposite side of the body 3 from the hinge, wherein the lid 4 has a periphery comprising an underside that includes a downward facing seating surface 36’ that occupies a single horizontal seating surface plane 24, the seating surface 36’ contacting an upper end 24 of a sidewall of the body when the lid 4 is in the closed position, the upper end 24 of the sidewall of the body occupying a single horizontal end plane, the lid 4 including a seal 48 extending downwardly beyond the seating surface 36’ and the upper end 24 of the sidewall of the body such that when the lid 4 is in the closed position, the seal 48 extends into an interior space of the body and an outer wider surface of the seal, which is perpendicular to the single horizontal seating surface plane, and abuts against a body sealing surface of an inner surface of the sidewall to create a compressive force between the outer wider surface of the seal and the body sealing surface, thereby creating a plug between the lid and the body to control ingress of moisture into the interior space; and
wherein the seal 48 has a bottom portion that includes a tapered outer surface that tapers radially inward from the outer wider surface of the seal above the tapered surface to facilitate movement of the lid from the open position to the closed position, such that when the lid is transitioned from the open position to the closed position, the tapered outer surface initially enters into the interior space with no interference from the body sealing surface or less interference with the body sealing surface than the outer wider surface of the seal has with the body sealing surface when the lid is in the closed position.
Hovatter further teaches twisting the lid to disengaged the protrusion and then applying upward pressure but fails to disclose applying upward pressure to the underside of the thumb tab by pressing up on or pulling up on the thumb tab to disengage the protrusion 21 on one of the lid from the recess of the body.
However, Abbott teaches a lid 24 being disengaged by simply applying upward pressure (figs. 2-3 and col. 2, lines 40-43).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed, to modify the engagement of the lid of Hovatter such that the protrusion disengages upon upward pulling of the lid rather than requiring a twisting operation, because doing so simplifies user operation by providing a single motion opening.
Regarding claim 43, Hovatter further discloses the seal 48 is in the form of an inner ring, and wherein in the closed position the seal prevents or inhibits ingress of moisture between the lid and the body (col. 6, lines 40-43).
Claim 30 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Hovatter (US 5,354,539) in view of Abbott (US 3,240,405) as applied to claim 21 above, further in view of Contreras (US 4,917,131).
Regarding claim 30, the modified Hovatter discloses all elements of the claimed invention except for creating an audible popping sound when the lid moves from the closed position to the open position.
However, Contreras teaches a container creating an audible sound on both closing and opening movement (col. 3, lines 21-25).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have made the modified container of Hovatter, create an audible sound, on closing and opening movements, as taught by Contreras, to assure the container is closed or unlatched.
Claims 31 and 42 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Hovatter (US 5,354,539) in view of Abbott (US 3,240,405) as applied to claims 21 and 41 above, further in view of Giraud (US 7,059,492).
Regarding claims 31 and 42, the modified Hovatter discloses all elements of the claimed invention except for a desiccant material disposed within an interior space of the body, wherein the desiccant material is composed of an injection molded composition comprising a blend of a desiccant and a polymer, the desiccant material being adjacent to, attached to or adhered to an interior of the sidewall and/or a base of the body.
However, Giraud discloses a releasable container (for products adversely affected by moisture) having an inner surface of a container molded with a desiccant plastics (col. 4, lines 32-42).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed, to have provided the modified device of Hovatter, a desiccant material, as taught by Giraud, to use the container as a container for products adversely affected by moisture and maintain a dry, controlled environment, to protect the contents of the container from mold, microbial growth or chemical reactions.
Claims 32-33, 36 and 44 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Hovatter (US 5,354,539) in view of Abbott (US 3,240,405) as applied to claims 21 and 41 above, further in view of Gach (US 4,236,653).
Regarding claims 32-33, the modified Hovatter discloses all elements of the invention as applied to claim 21 above, but fails to disclose the protrusion 21extends from a claw extending upwards above the opening from a rim defined by the upper end of the sidewall of the body.
However, Gach teaches a claw 42 (including a protrusion) extending upwards from a rim (fig. 3).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed, to have extended the protrusion of the modified Hovatter form a claw, to provide better engagement and easy release.
Regarding claims 36 and 44, the modified Hovatter further discloses unlocking an attachment mechanism configured to prevent the lid from moving from the closed position to an open position by applying upward pressure to the thumb tab, the lid including an aperture and the recess that house or mate with at least a portion of the protrusion 21 but fails to disclose the attachment mechanism including a claw including the protrusion.
However, Gach teaches a claw 42 (including a protrusion) extending upwards from a rim (fig. 3).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed, to have extended the protrusion of the modified Hovatter form a claw, to provide better engagement and easy release.
Response to Arguments
Applicant’s arguments have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BLAINE GIRMA NEWAY whose telephone number is (571)270-5275. The examiner can normally be reached Monday - Friday 9:00 AM- 5:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Stashick can be reached at 571-272-4561. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BLAINE G NEWAY/Examiner, Art Unit 3735
/Anthony D Stashick/Supervisory Patent Examiner, Art Unit 3735
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