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 .
This action is written in response to the amendment filed 06/24/2026
Claims 1-5 and 29-31 are presented for examination
This action is Non-Final
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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) 1-5 and 30-31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Holka et al. (US 2019/0256230) in view of Berk et al. (US 9,505,521).
Claim 1. Holka discloses a container 1 comprising:
a tubular body 2 defining an interior of the container, the tubular body having a top end 4 and a bottom end 5 [0056-0057];
a top sealing member 14 positioned in the interior of the container and spaced away from each of the top end and the bottom end of the tubular body, the top sealing member sealably engaging at least a portion of the tubular body [0058];
a bottom sealing member 14 positioned in the interior of the container and spaced away from each of the top end of the tubular body, the bottom end of the tubular body, and the top sealing member (fig. 2);
a rim 17 welded to the top end of the tubular body and welded to an interior surface of the tubular body [0062];
a reclosable lid 19 attached to the rim to form a closed top end of the container, the relcosable lid [0072]; and
a bottom plate 16 attached to the bottom end of the tubular body to form a closed bottom end of the container ([0054]; fig. 3).
Holka teaches a two-material container system that is bonded together upon closing but fails to teach a rim comprising pulp fibers. Berk introduces the bonding of a pulp body with a pulp shoulder. The pulp shoulder (rim) mates with a bioplastic neck portion 430 for attaching a reclosable lid 440 and is connected the tubular pulp body (including the bottom closure (col. 4, ll. 48-58; fig. 6-7; claim 1). Therefore, it would have been obvious to one having ordinary skill in the art at the time of the effective filing date of the invention to modify the material of the plastic rim of Holka to include the two-part pulp to pulp bond of Berk to increase strength and overall properties of the final product.
Claim 2. Holka-Berk discloses the container of claim 1, wherein the bottom plate is free from plastic material (Berk; col. 4, ll. 47-57).
Claim 3. Holka-Berk discloses the container of claim 2, wherein the bottom plate defines an outward flange engaged with the bottom end of the tubular body (Holka; fig. 2).
Claim 4. Holka-Berk discloses the container of claim 2, wherein the rim is welded to the top end of the tubular body above the top sealing member (Holka; [0053]).
Claim 5. Holka-Berk discloses the container of claim 4, wherein the rim is free from plastic material (Berk; col. 4, ll. 48-58; fig. 6-7; claim 1).
Claim(s) 29-31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Herlin et al. (US 2018/0016038) in view of Berk et al. (US 9,505,521).
Claim 1: Herlin discloses a container 1 comprising:
a tubular body 2 defining an interior of the container, the tubular body havinga top end and a bottom end (fig. 1b);
a one top sealing member 33 positioned in the interior of the container spaced away from each of the top end and the bottom end of the tubular body, the at least one top sealing member sealably engaging at least a portion of the tubular body [0093];
a reclosable lid 14 attachedto the rim 15 to form a closed top end of the container 2, ([0069-0071]; fig. 2);
a rim 15 attached to the top end of the tubular body and welded to an interior
surface of the tubular body [0086-0088];
a bottom plate 10 attached to the bottom end of the tubular body to form a closed bottom end of the container [0083].
Herlin disclose a container body made primarily of cellulosic fibers. While the
composition of the bottom plate is not disclosed, Berk represents evidence of a the bonding of a pulp body with a pulp shoulder. The pulp shoulder (rim) mates with a bioplastic neck portion 430 for attaching a reclosable lid 440 and is connected the tubular pulp body (including the bottom closure (col. 4, ll. 48-58; fig. 6-7; claim 1). Therefore, it would have been obvious to one having ordinary skill in the art at the time of the effective filing date of the invention to modify the material of the plastic rim of Herlin to include the two-part pulp to pulp bond of Berk to increase strength and overall properties of the final product.
Claims 29. Herlin-Berk discloses the container of claim 1, wherein the rim 15 is welded to the interior surface 7 of the tubular body 3 to form a sift-proof weld seal (abstract). Therefore, it would have been obvious to one having ordinary skill in the art at the time of the effective filing date of the invention to modify the weld seal of Holka-Berk to include
Claim 30. Herlin-Berk disclose the container of claim 1, wherein the rim is welded to the interior surface of the tubular body to form a moisture proof weld seal (Herlin; [0058].
Claim 31. Herlin-Berk discloses the container of claim 1, wherein the rim is welded to the interior surface of the tubular body to form a gas-tight weld seal (Herlin; [0058]).
Response to Arguments
Applicants’ arguments with respect to the claims have been considered but in view of the amendment the search has been updated, new prior art has been identified and applied, and a new rejection has been made.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAVEN COLLINS whose telephone number is (571)270-1672. The examiner can normally be reached Monday-Friday 8:30am to 5:00pm EST.
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/RAVEN COLLINS/ Examiner, Art Unit 3735
/Anthony D Stashick/ Supervisory Patent Examiner, Art Unit 3735
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