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 06/16/2025
Claims 17 and 18 have been cancelled
Claims 1-16 and 19 are presented for examination
This action is 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) 1-16 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hoefte et al. (US 2021/0347524) in view of Palmer et al. (US 2021/0016939).
Claims 1, 19: Hoefte discloses a consumer product 100 comprising a detergent product 101 and a container 102, the container comprising a box 103, a cover for the box 104, and a lock 105 to maintain the cover in a closed position, the box comprising the detergent product, the box comprising a base 106, sidewalls 107 and an opening 108, the cover comprising a top 109 and flanks 110, the cover covering the opening and the cover covering at least first and second specific portions 112 of sidewalls of the box when the cover is in the closed position, the lock comprising at least a first and a second actuator 113 moveable from a locking position to an opening position by applying an actuation pressure 114 onto the first and second actuators when the cover is in the closed position, the first actuator being connected to the first specific portion, the second actuator being connected at least to the second specific portion, the cover comprising first and second actuation areas, the first actuation area facing the first actuator, the second actuation area facing the second actuator, the actuation areas permitting displacing the first and second actuators from the locking position to the opening position by simultaneously applying the actuation pressure at the first and second actuation areas when the cover is in the closed position, whereby:
- the first specific portion of sidewalls and the first actuator pertain to a same specific sidewall;
- the second specific portion of sidewalls and the second actuator pertain to an opposite sidewall, the opposite side wall being opposite to the specific sidewall;
- the first actuation area pertains to a same specific flank covering at least the first specific portion of sidewalls when the cover is in the closed position; and
- the second actuation area pertains to an opposite flank, the opposite flank being opposite to the specific flank ([0021-0022], [0024], fig. 1B, 4A).
Hoefte fails to disclose multiple actuators. Palmer teaches first 7 and second 7 actuators moveable from a locking position to an opening position by applying an actuation pressure onto the first and second actuators when the cover is in the closed position ([0024]; fig. 3);
at least first and second actuator areas wherein the first actuation area 5 and the second actuation area 4 are axially offset from one another (fig. 4A, 8, 10). 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 container perimeter of Hoefte to include multiple actuator locations as in Palmer to provide reinforcement of the cap to the container at varying locations.
Claim 2, 16: Hoefte-Palmer discloses the consumer product according to claim 1, wherein Palmer discloses multiple actuators (7a-e), whereby the consumer product comprises a third 5 and fourth 5 actuation area disposed on the specific flank and the first actuator comprises a single flap 7A facing both the first and third actuation areas, and whereby the second actuator comprises a second flap 7B facing the second actuation area, when the cover is in the closed position (Palmer; fig. 8, 10).
Claim 3: Hoefte-Palmer discloses the e consumer product according to claim 1, whereby the container comprises a first flap 413 facing the first actuation area when the cover is in the closed position, a second flap 413a facing the second actuation area when the cover is in the closed position, whereby the first flap forms the first actuator and whereby the second flap forms the second actuator (Hoefte; fig. 4B).
Claims 4-5: Hoefte-Palmer discloses the consumer product according to claim 1, whereby:
- each actuation area is capable of spanning less than about 8 cm’ and more than about 0.2 cm, each actuation area defining a centroid:
- each centroid is capable of being separated from the top of the cover by less than about 5 cm and by more than about 0.5 cm;
- each centroid is capable of being separated from a distal end of the specific flank by more than about 0.5 cm; and
- the top of the cover is capable of spanning less than about 13 cm and more than about 6 cm along a direction normal to the specific portion at the centroid (Palmer; fig. 3, 4A).
It would have been obvious to one of ordinary skill in the prior art before the effective filling date of the claimed invention to determine the area covered by flank and the area covered by actuation area by routine experimentation and add with the teaching of Hoefte-Palmer as the flanks participate in placing the top of the cover onto the opening and helps to cover the container. These results obtained by experimentations does not lead to patentability In re Aver, 220 F 2d 454, 456, 105 USPQ 235, 235 (COPA 1955)
Claim 6: Hoefte-Palmer discloses the consumer product according to claim 4, whereby the centroid of the first actuation area is located in a central region of a flank of the cover along a horizontal direction parallel to the top of the cover or in a non-central region of a flank of the cover along a horizontal direction parallel to the top of the cover (Hoefte; fig. 4B).
Claim 7: Hoefte-Palmer discloses the consumer product according to claim 4, whereby the centroid of the second actuation area is located in a central region of a flank of the cover along a horizontal direction parallel to the top of the cover or in a non-central region of a flank of the cover along a horizontal direction parallel to the top of the cover (Hoefte; fig. 4B).
Claim 8: Hoefte-Palmer discloses one or more of the actuation areas is one of an aperture and a tactile element. (Hoefte; [0033]).
Claim 9: Hoefte-Palmer discloses whereby one or more of the first or second specific portions comprise a visual indication visible through the aperture, respectively apertures, when the cover is closed (Hoefte; [0020]).
Claim 10: Hoefte-Palmer discloses the detergent product is in the form of unit dose detergent pouches (Hoefte; [0010]).
Claims 11, 13: Hoefte-Palmer discloses the consumer product according to claim 1, whereby one or more flank of the flanks covers at least about 10% of one or more respective sidewall of the sidewalls when the cover is in the closed position (Palmer; fig. 1-2).
Claim 12: Hoefte-Palmer discloses the consumer product according to claim 1, whereby each actuation area, has a circular shape (Palmer; fig. 11).
Claim 14: Hoefte-Palmer discloses the container is made from paper or cardboard materials. (Hoefte; [0017])
Claim 15: Hoefte-Palmer discloses the flanks comprising two short flanks and two long flanks, whereby the actuation areas are on the long flanks. (Hoefte; fig. 4B).
Response to Arguments
Applicant's arguments filed 06/16/2025 have been fully considered but they are not persuasive. The rejection above has been updated to better explain the Examiner’s position regarding prior art Hoefte in view of Palmer. Both actuation areas and actuators have been identified in Palmer as the openings for the flaps and fingers as well as the flaps themselves.
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 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.
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/RAVEN COLLINS/Examiner, Art Unit 3735
/Anthony D Stashick/Supervisory Patent Examiner, Art Unit 3735