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 .
The amendment filed 7/29/2025 has been entered.
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(s) 1, 6-8, 10-12, 15, 17, and 21-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent No. 6,602,309 (Vizulis et al. hereinafter) in view of US Patent No. RE42,910 E (Pearce hereinafter).
In re claim 1, with reference to Figs. 1-4, Vizulis et al. discloses: A packaging container comprising: a closure (“caps” column 2, lines 55-61); a body (13) defining a volume, the body including a neck extending from an opening of the body (resulting in rim 24), and a base (not shown, though typical of “sports bottles”); a liner (10) engageable with the neck to form a hermetic seal (column 2, lines 18-22), the liner having a plurality of layers including at least a heat seal layer (16) engageable with the neck, a foil layer (14) and a backing layer (12) engageable with the closure, the liner having only one opening extending through each of the layers (see fig. 3).
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Vizulis et al. fails to disclose the closure including a projection engageable with the backing layer, the projection including a plurality of ridges arranged in concentric circles, the closure defining at least one gap extending through the ridges.
However, with reference to Fig. 4, Pearce discloses a closure including a projection, the projection including a plurality of ridges (56) arranged in concentric circles, the closure defining at least one gap (58) extending through the ridges.
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Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have modified the closure of Vizulis et al. to have included ridges and gaps as taught by Pearce for the purposes of facilitating increased ventilation from the interior of the container to the exterior through the closure (Pearce, column 3, lines 23-48).
In re claim 6, with reference to the Figs. noted above, Vizulis et al. in view of Pearce discloses the claimed invention including wherein the opening (20) is centrally disposed relative to the liner (i.e. in the central region of the liner as opposed to a lateral edge/surface of the liner).
In re claim 7, with reference to the Figs. noted above, Vizulis et al. in view of Pearce discloses the claimed invention including wherein the foil layer (14) is disposed between the heat seal layer (16) and the backing layer (12).
In re claim 8, with reference to the Figs. noted above, Vizulis et al. in view of Pearce discloses the claimed invention including wherein the ridges are each disposed in a circumferential orientation about an inner wall surface of the closure (see figs. 3A and 4 of Pearce).
In re claim 10, with reference to the Figs. noted above, Vizulis et al. in view of Pearce discloses the claimed invention including wherein the gap includes a plurality of spaced apart gaps (58) each extending through each of the ridges (see Fig. 4 above).
In re claim 11, with reference to the Figs. noted above, Vizulis et al. in view of Pearce discloses the claimed invention including wherein the ridges are each disposed in a circumferential orientation about an inner wall surface of the closure and the at least one gap is 10% or less of the circumference of one of the ridges (see Fig. 4, a gap 58 is shown clearly less than 10% of the circumference of one of the ridges).
In re claim 12, with reference to the Figs. noted above, Vizulis et al. in view of Pearce discloses A packaging container comprising: a closure; a body defining a volume, the body including a neck extending from an opening of the body, and a base; a liner engageable with the neck to form a hermetic seal, the liner having a plurality of layers including a heat seal layer engageable with the neck, a backing layer engageable with the closure and a foil layer disposed therebetween, the liner defining at least one only a single vent (20) extending through each of the layers; and the closure including a seal (Pearce 56) engageable with the backing layer (in the above combination), the seal including a plurality of ridges arranged in concentric circles, the closure defining at least one relief (gap 58) extending through the ridges.
In accordance to MPEP 2113, the method of forming the device is not germane to the issue of patentability of the device itself. Therefore, the limitation “blow molded” has not been given patentable weight. Please note that even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product, i.e. the container, does not depend on its method of production, i.e. blow molding. In re Thorpe, 227 USPQ 964, 966 (Federal Circuit 1985).
In re claim 15, with reference to the Figs. noted above, Vizulis et al. in view of Pearce discloses the claimed invention including wherein the ridges are each disposed in a circumferential orientation about an inner wall surface of the closure (as in re claim 8 above).
In re claim 17, with reference to the Figs. noted above, Vizulis et al. in view of Pearce discloses the claimed invention including wherein the ridges are each disposed in a circumferential orientation about an inner wall surface of the closure and the at least one vent is 10% or less of the circumference of one of the ridges (as in re claim 11 above).
In re claim 21, with reference to the Figs. noted above, Vizulis et al. in view of Pearce discloses: A packaging container comprising: a closure; a body defining a volume, the body including a base, and a neck extending from an opening of the body; a liner engageable with the neck to form a hermetic seal, the liner consisting of a heat seal layer engageable with the neck, a foil layer, a backing layer engageable with the closure and only one vent (20) extending through each of the layers; and the closure comprising a seal engageable with the liner, the seal including a plurality of ridges (56) arranged in concentric circles, the closure defining at least one gap (58) extending through the ridges.
In accordance to MPEP 2113, the method of forming the device is not germane to the issue of patentability of the device itself. Therefore, the limitation “blow molded” has not been given patentable weight. Please note that even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product, i.e. the container, does not depend on its method of production, i.e. blow molding. In re Thorpe, 227 USPQ 964, 966 (Federal Circuit 1985).
In re claim 22, with reference to the Figs. noted above, Vizulis et al. in view of Pearce discloses the claimed invention including wherein the ridges include a first ridge (inner 56) and a second ridge (outer 56), the second ridge having a radius of curvature that is greater than a radius of curvature of the first ridge (See Fig. 4 above).
In re claim 23, with reference to the Figs. noted above, Vizulis et al. in view of Pearce discloses the claimed invention including wherein the plurality of ridges includes two ridges arranged in two circles (see Fig. 4 above).
In re claim 24, with reference to the Figs. noted above, Vizulis et al. in view of Pearce discloses the claimed invention including wherein the two circles have different circumferences (see fig. 4 above).
In re claim 25, with reference to the Figs. noted above, Vizulis et al. in view of Pearce discloses the claimed invention including wherein the liner engages the neck to form the hermetic seal (as in re claim 1 above).
Claim(s) 2, 5, 13, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vizulis et al. in view of Pearce as applied to claims 1 and 12 above, and further in view of US PG Pub No. 2002/0066714 (Mainquist et al. hereinafter).
In re claims 2 and 13, with reference to Figs. 1-4, Vizulis et al. in view of Pearce discloses the claimed invention except wherein the opening includes a conical shaped cavity extending through the plurality of layers to form a vent in communication with the volume.
However, with reference to Fig. 6C, Mainquist et al. discloses a gas vent for a bottle, the vent (144) having a shape such as a conical shape (i.e. tapering upwards to a smaller diameter).
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Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have modified the It would have been obvious to one of ordinary skill in the art at the time of the invention to have changed the shape of the vent/opening of Vizulis et al. in view of Pearce to another shape such as a conical shape, since the court held that the configuration of the claimed disposable plastic nursing container was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant (MPEP 2144.04, IV, B). Please note that in the instant application, paragraph 0033, applicant has not disclosed any criticality for the claimed limitations, and instead provides many examples of acceptable shapes all expected to operate essentially equally well.
In re claims 5 and 16, with reference to the Figs. noted above, Vizulis et al. in view of Pearce discloses the claimed invention including wherein the vent includes a first portion that extends through the heat seal layer and a second portion that extends through the backing layer (see Fig. 3 above), the first portion having a width that is greater than a width of the second portion (due to the modified conical shape in re claim 2 above).
Claim(s) 18 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vizulis et al. in view of Pearce, and further in view of US Patent No. 4,361,531 (Black hereinafter).
In re claim 18, with reference to Figs. 1-4, Vizulis et al. discloses: A method for manufacturing a packaging container, the method comprising the steps of: forming an article having a selected configuration and including a body defining a volume and a neck, attaching a liner to the neck to form a hermetic seal, the liner consisting of a heat seal layer engageable with the neck, a foil layer, a backing layer engageable with a closure and a single opening extending through each of the layers; and attaching the closure to the neck (as in re claim 1 above).
Vizulis et al. fails to disclose wherein the step of blow molding the container, forming a dome; and trimming the article to remove the dome to form a finished container.
However, with reference to Fig. 5, Black teaches a known method of forming an article which includes blow molding the article (20), forming a dome (23), and trimming the dome (columns 5-6, lines 58-6).
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Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have provided the known method steps of blow molding the article, forming the dome, and trimming the dome as taught by Black to the formation of the bottle of Vizulis et al., as an obvious matter of design choice to a person of ordinary skill in the art because Applicant has not disclosed that blow molding/trimming provides an advantage, is used for a particular purpose, or solves a stated problem. One of ordinary skill in the art, furthermore, would have expected Applicant’s invention to perform equally well with another suitable article forming method such as injection molding, as long as the resulting container includes the structural features to engage the closure/liner.
Vizulis et al. in view of Black fails to disclose the closure including a projection engageable with the backing layer, the projection including a plurality of ridges arranged in concentric circles, the closure defining at least one gap extending through the ridges.
However, with reference to Fig. 4, Pearce discloses a closure including a projection, the projection including a plurality of ridges (56) arranged in concentric circles, the closure defining at least one gap (58) extending through the ridges.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have modified the closure of Vizulis et al. in view of Black to have included ridges and gaps as taught by Pearce for the purposes of facilitating increased ventilation from the interior of the container to the exterior through the closure (Pearce, column 3, lines 23-48).
In re claim 19, with reference to the Figs. noted above, Vizulis et al. in view of Pearce and Black discloses the claimed invention including wherein the foil layer is disposed between the heat seal layer and the backing layer (as in re claim 7 above).
Response to Arguments
Applicant’s arguments with respect to the pending claim(s) 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
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/ANDREW T KIRSCH/ Primary Examiner, Art Unit 3733
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