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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/17/2022 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The disclosure is objected to because of the following informalities:
The reference number 29 is referred to as “section” in paragraphs [0028] and [0030] as well as the “opening” in paragraphs [0031] and [0032]. One naming convention should be used throughout the specification.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2 and 4-14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 2, 4, 7, 10 recite “rotary knob closure” this is unclear. Where applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999). The claim recites knob, but a knob closure is not shown in any of the figures and the term is not explained in the specification. A knob is a rounded lump or ball and the closure as a whole is not a knob. It is unclear if the applicant is requiring the closure to be knob shaped or merely just rotatable like a knob. For purposes of compact prosecution and in light of the specification the examiner will treat a closure that can be rotated as meeting this limitation. Additionally, a knob closure is not shown in the drawing and all claimed subject matter must be shown.
Claim 10 recites “closure element, projects from one of the upper or lower edges that is free from the holding strip”, this is unclear. It is unclear if this is shown in the figures, as the closure element 43 projects from the upper edge that is connected to the holding strip. Also, neither the upper or lower edges are free from the holding strip as it travels from the lower to upper edge, does the applicant mean the closure element projection from one of the upper or lower edges? Or is the applicant claiming an undisclosed embodiment? For purposes of compact prosecution, examiner will treat a closure element the project from an upper or lower edge as meeting this limitation.
Claims not specifically addressed are included due to their dependencies.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-8, 10-11 and 15-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fontana US 2016/0137367 A1, herein after referred to Fontana.
Regarding claim 1 Fontana discloses a plastic container (1 vial, Figs. 1-24) capable of being blown in a blow mold, comprising:
a body (2 hollow body) defining an opening (7 opening, Figs. 8-13) is provided,
a disposable closure (5 closing cap, Figs. 1-24) configured to close the opening (7) and formed together with the body (2) in the blow mold (Paragraph [0005]),
a holding strip (13 connection brace) with a first and a second end (Figs. 1-24) formed together with the body (2) and the disposable closure (5) in the blow mold (paragraph [0005]), wherein the first end (lower end of 13) is permanently connected to the body (2) and the second end (upper end of 13) is permanently connected to the closure (5), wherein the body (2), the disposable closure (5) and the holding strip (13) are in one piece (paragraph [0065]).
Regarding claim 2 Fontana discloses the plastic container according to Claim 1 and further discloses wherein the disposable closure is a rotary closure (5, the holding strips are able to bend and flex, thusly allowing the user to twist the opening, as well as snap it back as shown in Figs. 2-5).
Regarding claim 3 Fontana discloses the plastic container according to Claim 1 and further discloses wherein the holding strip (13) consists of the same material as the disposable closure (5) and the body (2, paragraph [0065]).
Regarding claim 4 Fontana discloses the plastic container according to Claim 1 and further discloses wherein the rotary closure (5) has a cap section (lower portion of 5) which is connected in one piece to a section bordering the opening (7) and at a connection thereof has a weakened region configured as a first predetermined breaking point (6 breaking point, paragraph [0067]), wherein a gripping section (10 sheet-shaped portion) projects from the cap section (14).
Regarding claim 5 Fontana discloses the plastic container according to Claim 4 and further discloses wherein the gripping section (10) has an upper edge (top), a lower edge (bottom) and a first and a second lateral edge (right and left sides), wherein the first and second lateral edges (right and left sides) space the upper and the lower edges (top and bottom, Figs. 1, 6-7, 14-15 and 24) apart from one another.
Regarding claim 6 Fontana discloses the plastic container according to Claim 5 and further discloses the first end (lower end) of the holding strip (13) is connected directly to the body (2) below the lower edge (bottom of 10, Fig. 14).
Regarding claim 7 Fontana discloses the plastic container according to Claim 5. Fontana discloses substantially all the limitations of the claim(s) except for the placement of the second end of the holding strip. It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the connection point to the upper edge of the closure, since it has been held that rearranging parts of an invention involves only routine skill in the art. MPEP 2144.04 VI C.
Regarding claim 8 Fontana discloses the plastic container according to Claim 5 and further discloses wherein the holding strip (13) extends along one of the lateral edges (Fig. 15).
Regarding claim 10 Fontana discloses the plastic container according to Claim 5 and further discloses a closure element (14 clogging element, Figs. 7-14), which is formed in one piece with the rotary closure (5), consists of the same material as the remaining container elements and is configured in such a way that the opening (7) can be closed with the closure element (paragraph [0077]), projects from one of the upper or lower edges (Fig. 7 and 14).
Regarding claim 11 Fontana discloses the plastic container according to Claim 10 and further discloses wherein the closure element (14) is a stopper which can be held in a force-fitting, frictional and/or form-fitting manner on the section bordering the opening (paragraph [0077], Fig. 13).
Regarding claim 15 Fontana discloses the plastic container according to Claim 1 and further discloses wherein the plastic container (1) is produced from polyolefins suitable for blow molding, comprising the group consisting of at least one of polypropylene, polyethylene and the derivatives thereof, and recycling materials, PET, recycled PET, bio-based plastics, and/or bio-based polybutylene succinates (paragraph [0065]).
Regarding claim 16 Fontana discloses the plastic container according to Claim 1. In accordance to MPEP 2113, the method of forming the device is not germane to the issue of
patentability of the device itself. Therefore, this limitation (the plastic container is manufactured in an extrusion blow molding process and the disposable closure and the holding strip are formed from a flash that is produced in the blow mold) 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 plastic container, does not depend on its method of production.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lauren Kmet whose telephone number is (313)446-4834. The examiner can normally be reached M-F 9am-6pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Stashick can be reached on (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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/L KMET/Examiner, Art Unit 3735
/Anthony D Stashick/Supervisory Patent Examiner, Art Unit 3735