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 .
Drawings
The drawings were received on 19 March 2025. These drawings are acceptable.
The drawings are objected to as failing to comply with 37 C.F.R. 1.84(q) because lead lines must originate in the immediate proximity of the reference character and extend to the feature. MPEP 608.02 V. See at least the lead lines associated with reference character 305a fig. 12B & 12D, 330a & 336 fig. 12C, 111 fig. 13B which do not extend to the feature.
The drawings are objected to as failing to comply with C.F.R 1.84(t) because the sheets of drawings should be numbered in consecutive Arabic numerals, starting with 1, within the sight as defined in paragraph (g) of this section. These numbers, if present, must be placed in the middle of the top of the sheet, but not in the margin. The numbers can be placed on the right-hand side if the drawing extends too close to the middle of the top edge of the usable surface. The drawing sheet numbering must be clear and larger than the numbers used as reference characters to avoid confusion. The number of each sheet should be shown by two Arabic numerals placed on either side of an oblique line, with the first being the sheet number and the second being the total number of sheets of drawings, with no other marking MPEP 608.02 V.
The drawings are objected to because unlabeled floating arrows exist in at least figs. 8C and 8E.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: R1, R2.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “330a” has been used to designate both inner surface and surface.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “D2” has been used to designate both pull tab diameter and second diameter.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: D2’. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because reference character “330a” has been used to designate inner surface and interior surface.
The disclosure is objected to because reference characters "200" and "300" have all been used to designate the container of figures 11A-11C.
The description is objected to because all section lines used are not referred to in the brief description of drawings. MPEP 608.01(f).
The description is objected to because not all figures of the drawings are present in the brief description of the drawings. See at least 9A-9I. MPEP 608.01(f).
The disclosure is objected to because of the following informalities: reference is made to figures which do not exist, see at least 9.
Appropriate correction is required.
The disclosure is objected to because container 200 is not present in figures 11A-11C and 12A-12D as disclosed.
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: outer layer.
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.
Claim(s) 1, 3-5, 7, 14, and 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhu (US 20210198014) further in view of Aoun (US 20190276198) and Farrell (US 3158491).
Claim 1: Zhu discloses a top wall 2 (membrane) for use with a container, the top wall 2 (membrane) comprises: an outer layer 20 comprising a peripheral area, wherein the peripheral area is defined by a first perimeter of the outer layer 20, and a second perforation line 21 (first line of weakness) formed inward of the first perimeter, wherein the second perforation line 21 (first line of weakness) extends to a crease line 29 to define a flap; and an inner layer 10 comprising a peripheral zone, wherein the peripheral zone is defined by a second perimeter of the inner layer 10, wherein a central portion exists, wherein the central portion comprises a first perforation line 11 which forms a sip hole 50 due to connection 13; and a connection area 18’ (first seal area), wherein at least a portion of the peripheral zone of the inner layer 10 is adhered to at least a portion of the peripheral area of the outer layer 20 in the connection area 18’ (first seal area) (see P. 0101 and fig. 2-3, 22, and 11-12).
Zhu does not disclose the peripheral zone being defined by a second perimeter of the second layer and a second line of weakness formed inward of the second perimeter, the second line of weakness defining a central portion of the inner layer, the central portion of the inner layer comprising one or more openings within the central portion inward of the second line of weakness, or the central portion of the inner layer being removable by fracturing the second line of weakness.
Farrell teaches a cover having a center panel 52 surrounded by cut lines 41 and a tear strip 51 extending between cut lines 41 and angled cut lines 42 (second line of weakness), where removal of the center panel 52 forms an opening and removal of the tear strip 51 forms a larger opening (see fig. 4, 5, and 7).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have provided angled cut lines 42 (second line of weakness) below the flap and surrounding the first perforation line 11, as taught by Farrell, in order to form a larger opening for increased flow when desired.
Aoun discloses a package 1 having a top layer 8 and a bottom layer 6 with a dispensing hole 7 (opening) (see fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the top wall 2 (membrane) to have replaced the first perforation line 11 and connection 13 with a like sized dispensing hole 7 (opening), as taught by Aoun, in order to reduce materials and associated costs.
The combination discloses the peripheral zone being defined by the second perimeter of the inner layer 10 and the angled cut lines 42 (second line of weakness) formed inward of the second perimeter, the angled cut lines 42 (second line of weakness) defining the central portion on the inner layer 10, the central portion of the inner layer 10 comprising the dispensing hole 7 (opening) within the central portion inward of the angled cut lines 42 (second line of weakness), and the central portion of the inner layer 10 being removable by fracturing the angled cut lines 42 (second line of weakness).
Claim 3: The combination discloses wherein the outer layer 20 and the inner layer 10 are formed from one of paper or cardboard (see P. 0029).
Claim 4: The combination discloses a crease line 29 (hinge) formed within the second perforation line 21 (first line of weakness) (see fig. 12).
Claim 5: The combination discloses wherein the connection area 18’ (seal area) forms a hermetic seal between the outer layer 20 and the inner layer 10 (see fig. 22).
Claim 7: The combination discloses wherein the connection area 18’ (first seal area) is disposed between the second perimeter of the inner layer 10 and the second perforation line 21 (first line of weakness) (see fig. 12 and 22).
Claim 14: The combination discloses wherein the flap of the outer layer 20 further comprises a pull tab adjacent to grip recess 24 (see fig. 12).
Claim 29: Zhu discloses a package 9 comprising: a sidewall 30 (body) defining a top end; and a top wall 2 (membrane) adhered to an inner surface of the sidewall 30 (body) [see P. 0074, examiner notes that the connection meets the BRI of adhered of to hold fast or stick by or as if by gluing, suction, grasping, or fusing], wherein the top wall 2 (membrane) comprises: an outer layer 20 comprising a peripheral area, wherein the peripheral area is defined by a first perimeter of the outer layer 20, and a second perforation line 21 (first line of weakness) formed inward of the first perimeter, wherein the second perforation line 21 (first line of weakness) extends to a crease line 29 to define a flap; and an inner layer 10 comprising a peripheral zone, wherein the peripheral zone is partially defined by a second perimeter of the inner layer 10, wherein a central portion exists, wherein the central portion comprises a first perforation line 11 which forms a sip hole 50 due to connection 13; and a connection area 18’ (first seal area), wherein at least a portion of the peripheral zone of the inner layer 10 is adhered to at least a portion of the peripheral area of the outer layer 20 in the connection area 18’ (first seal area) (see P. 0101 and fig. 2-3, 22, and 11-12).
Zhu does not disclose the peripheral zone being defined by a second perimeter of the second layer and a second line of weakness formed inward of the second perimeter, the second line of weakness defining a central portion of the inner layer, the central portion of the inner layer comprising one or more openings within the central portion inward of the second line of weakness, or the central portion of the inner layer being removable by fracturing the second line of weakness.
Farrell teaches a cover having a center panel 52 surrounded by cut lines 41 and a tear strip 51 extending between cut lines 41 and angled cut lines 42 (second line of weakness), where removal of the center panel 52 forms an opening and removal of the tear strip 51 forms a larger opening (see fig. 4, 5, and 7).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have provided angled cut lines 42 (second line of weakness) below the flap and surrounding the first perforation line 11, as taught by Farrell, in order to form a larger opening for increased flow when desired.
Aoun discloses a package 1 having a top layer 8 and a bottom layer 6 with a dispensing hole 7 (opening) (see fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the top wall 2 (membrane) to have replaced the first perforation line 11 and connection 13 with a like sized dispensing hole 7 (opening), as taught by Aoun, in order to reduce materials and associated costs.
The combination discloses the peripheral zone being defined by the second perimeter of the inner layer 10 and the angled cut lines 42 (second line of weakness) formed inward of the second perimeter, the angled cut lines 42 (second line of weakness) defining the central portion on the inner layer 10, the central portion of the inner layer 10 comprising the dispensing hole 7 (opening) within the central portion inward of the angled cut lines 42 (second line of weakness), and the central portion of the inner layer 10 being removable by fracturing the angled cut lines 42 (second line of weakness).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhu (US 20210198014), Aoun (US 20190276198), and Farrell (US 3158491) as applied to claim 14 above, and further in view of Elias (US 4280653).
Claim 15: The combination discloses the claimed invention except wherein the pull tab comprises a portion of the flap which is folded and configured to extend out of the plane of the first layer.
Holka teaches a patch top member 30 having a pull tab 32 that is folded back onto the remainder of the patch top member such that the pull tab 32 extends out of the plane of the remainder of the patch top member 30 (see fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the gripping and tearing aid 22 (pull tab) to be folded back onto the closure flap 14 (flap), as taught by Holka, in order to be more accessible and recognizable by a user.
Claim(s) 20-24 and 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhu (US 20210198014) further in view of Aoun (US 20190276198), Sioland (US 20220388710), and Farrell (US 3158491).
Claim 20: Zhu discloses a package 9 comprising: a sidewall 30 (body) defining a top end and an internal wall; and a top wall 2 (membrane) adhered to the sidewall 30 (body) [see P. 0074, examiner notes that the connection meets the BRI of adhered of to hold fast or stick by or as if by gluing, suction, grasping, or fusing], wherein the top wall 2 (membrane) comprises: an outer layer 20 comprising a peripheral area, wherein the peripheral area is defined by a first perimeter of the outer layer 20, and a second perforation line 21 (first line of weakness) formed inward of the first perimeter, wherein the second perforation line 21 (first line of weakness) extends to a crease line 29 to define a flap; and an inner layer 10 comprising a peripheral zone, wherein the peripheral zone is partially defined by a second perimeter of the inner layer 10, wherein a central portion exists, wherein the central portion comprises a first perforation line 11 which forms a sip hole 50 due to connection 13; and a connection area 18’ (first seal area), wherein at least a portion of the peripheral zone of the inner layer 10 is adhered to at least a portion of the peripheral area of the outer layer 20 in the connection area 18’ (first seal area) (see P. 0101 and fig. 2-3, 22, and 11-12).
Zhu does not disclose a lid configured to be received by the top end of the body, the peripheral zone being defined by a second perimeter of the second layer and a second line of weakness formed inward of the second perimeter, the second line of weakness defining a central portion of the inner layer, the central portion of the inner layer comprising one or more openings within the central portion inward of the second line of weakness, or the central portion of the inner layer being removable by fracturing the second line of weakness.
Sioland teaches a lid 116 connected to upper reinforcing rim 115 by means of a hinge 125, wherein the lid 116 is receivable by the upper reinforcing rim 115 (see fig. 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the body to have a lid 116 connected to the sidewall 30 (body) by hinge 125 and receivable by the sidewall 30 (body), as taught by Sioland, in order to provide a means for closing the package 9 after opening of the top wall 2 (membrane).
Farrell teaches a cover having a center panel 52 surrounded by cut lines 41 and a tear strip 51 extending between cut lines 41 and angled cut lines 42 (second line of weakness), where removal of the center panel 52 forms an opening and removal of the tear strip 51 forms a larger opening (see fig. 4, 5, and 7).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have provided angled cut lines 42 (second line of weakness) below the flap and surrounding the first perforation line 11, as taught by Farrell, in order to form a larger opening for increased flow when desired.
Aoun discloses a package 1 having a top layer 8 and a bottom layer 6 with a dispensing hole 7 (opening) (see fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the top wall 2 (membrane) to have replaced the first perforation line 11 and connection 13 with a like sized dispensing hole 7 (opening), as taught by Aoun, in order to reduce materials and associated costs.
The combination discloses the peripheral zone being defined by the second perimeter of the inner layer 10 and the angled cut lines 42 (second line of weakness) formed inward of the second perimeter, the angled cut lines 42 (second line of weakness) defining the central portion on the inner layer 10, the central portion of the inner layer 10 comprising the dispensing hole 7 (opening) within the central portion inward of the angled cut lines 42 (second line of weakness), and the central portion of the inner layer 10 being removable by fracturing the angled cut lines 42 (second line of weakness).
Claim 21: The combination discloses wherein at least the outer layer 20 of the top wall 2 (membrane) is recessed within the internal wall (see fig. 2).
Claim 22: The combination discloses wherein the sidewall 30 is made from double side coated paper resulting in the internal wall further comprises a coating (see P. 0085).
Claim 23: The combination discloses wherein the connection area 18’ (first seal area) forms a hermetic seal between the outer layer 20 and the inner layer 10 (second layer) (see fig. 22).
Claim 24: The combination discloses wherein the top wall 2 (membrane) is adhered to the internal wall of the sidewall 30 (body) (see fig. 2 and P. 0074, examiner notes that the connection meets the BRI of adhered of to hold fast or stick by or as if by gluing, suction, grasping, or fusing).
Claim 26: The combination discloses wherein the lid 116 is hingedly attached to the sidewall 30 (body) (see fig. 5 ‘710).
Claim(s) 1-5, 7-11, 13, 14, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pierron (EP 1449789) further in view of Aoun (US 20190276198) and Farrell (US 3158491).
Claim 1: Pierron discloses a packaging film 10 (membrane) for use with a container, the packaging film 10 (membrane) comprising: an outer film 28 (outer layer) comprising a peripheral area, wherein the peripheral area is defined by a first perimeter of the outer film 28 (outer layer), and a second weakening line 54 (first line of weakness) formed inward of the first perimeter, wherein the second weakening line 54 (first line of weakness) defines a closure flap 14 (flap); and an inner film 26 (inner layer) comprising a peripheral zone, wherein the peripheral zone is defined by a second perimeter of the inner film 26 (inner layer), wherein a central portion exists, wherein the central portion comprises a first weakening line 50 which forms an opening 16 due to permanent adhesive 30; and a first seal area, wherein at least a portion of the peripheral zone of the inner film 26 (inner layer) is adhered to at least a portion of the peripheral area of the outer film 28 (outer layer) in the first seal area (see annotated fig. 14 below and fig. 1-2).
Pierron does not disclose the peripheral zone being defined by a second perimeter of the second layer and a second line of weakness formed inward of the second perimeter, the second line of weakness defining a central portion of the inner layer, the central portion of the inner layer comprising one or more openings within the central portion inward of the second line of weakness, or the central portion of the inner layer being removable by fracturing the second line of weakness.
Farrell teaches a cover having a center panel 52 surrounded by cut lines 41 and a tear strip 51 extending between cut lines 41 and angled cut lines 42 (second line of weakness), where removal of the center panel 52 forms an opening and removal of the tear strip 51 forms a larger opening (see fig. 4, 5, and 7).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have provided angled cut lines 42 (second line of weakness) below the closure flap 14 (flap) and surrounding the first weakening line 50, as taught by Farrell, in order to form a larger opening for increased flow and/or access when desired.
Aoun discloses a package 1 having a top layer 8 and a bottom layer 6 with a dispensing hole 7 (opening) (see fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the packaging film 10 (membrane) to have replaced the first weakening line 50 and permanent adhesive 30 within the first weakening line 50 with a like sized dispensing hole 7 (opening), as taught by Aoun, in order to reduce materials and associated costs.
The combination discloses the peripheral zone being defined by the second perimeter of the inner film 26 (inner layer) and the angled cut lines 42 (second line of weakness) formed inward of the second perimeter, the angled cut lines 42 (second line of weakness) defining the central portion on the inner film 26 (inner layer), the central portion of the inner film 26 (inner layer) comprising the dispensing hole 7 (opening) within the central portion inward of the angled cut lines 42 (second line of weakness), and the central portion of the inner film 26 (inner layer) being removable by fracturing the angled cut lines 42 (second line of weakness).
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Claim 2: The combination discloses wherein the outer film 28 defines a first shape and the inner film 26 defines a second shape, wherein the first shape and the second shape are the same (see fig. 12-14).
Claim 3: The combination discloses wherein the outer film 28 and the inner film 26 are formed from paper (see disclosure).
Claim 4: The combination discloses a hinge formed within the second weakening line 54 (first line of weakness) (see fig. 1, 12, and 14).
Claim 5: The combination discloses wherein the seal area forms a hermetic seal between the outer film 28 and the inner film 26 (see fig. 14).
Claim 7: The combination discloses wherein the first seal area is disposed between the second perimeter of the inner film 26 and the second weakening line 54 (first line of weakness) (see annotated fig. 14 above).
Claim 8: The combination discloses a strip 58 (second seal area), wherein the strip 58 (second seal area) covers the area of the inner film 26 (inner layer) located within the second weakening line 54 (first line of weakness) and therefore is disposed between the angled cut lines 42 (second line of weakness) of the inner film 26 (inner layer) and the second weakening line 54 (first line of weakness) of the outer film 28 (outer layer) (see fig. 14 and 12).
Claim 9: The combination discloses wherein the strip 58 (second seal area) comprises a self-adhesive 20 (peelable adhesive) (see fig. 14, 15, and 1).
Claim 10: The combination discloses wherein the strip 58 (second seal area) comprises a pressure-sensitive adhesive 20 (pressure sensitive adhesive).
Claim 11: The combination discloses wherein the first seal area comprises a permanent adhesive 30 (see annotated fig. 14 above).
Claim 13: The combination discloses wherein the first seal area and the strip 58 (second seal area) are formed with different adhesives as the first seal area is formed with a permanent adhesive 30 based on polyurethane and the strip 58 (second seal area) is formed with a pressure-sensitive adhesive 20 based on polyacrylate.
Claim 14: The combination discloses wherein the closure flap 14 (flap) of the outer film 28 (outer layer) further comprises a gripping and tearing aid 22 (pull tab) (see fig. 1).
Claim 16: The combination discloses wherein the closure flap 14 (flap) is resealable to the peripheral zone via self-adhesive 20 (see annotated fig. 14 above).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pierron (EP 1449789), Aoun (US 20190276198), and Farrell (US 3158491).as applied to claim 14 above, and further in view of Elias (US 4280653).
Claim 15: The combination discloses the claimed invention except wherein the pull tab comprises a portion of the flap which is folded and configured to extend out of the plane of the outer layer.
Holka teaches a patch top member 30 having a pull tab 32 that is folded back onto the remainder of the patch top member such that the pull tab 32 extends out of the plane of the remainder of the patch top member 30 (see fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the gripping and tearing aid 22 (pull tab) to be folded back onto the closure flap 14 (flap), as taught by Holka, in order to be more accessible and recognizable by a user.
Claim(s) 1-2, 5-8, 11, 12, and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Choe (KR 101960695) further in view of 河合 広文 (JP 4235739) and Farrell (US 3158491).
Claim 1: Choe discloses a lid 2 (membrane) for use with a container, the lid 2 (membrane) comprising: an upper-layer fabric 2-1 (outer layer) comprising a peripheral area, wherein the peripheral area is defined by a first perimeter of the upper-layer fabric 2-1 (outer layer), and a half cut line formed on the outer contour 4a (first line of weakness) formed inward of the first perimeter, wherein the half cut line formed on the outer contour 4a (first line of weakness) defines a lid 4 (flap); and a lower layer fabric 2-2 (inner layer) comprising a peripheral zone, wherein the peripheral zone is defined by a second perimeter of the lower layer fabric 2-2 (inner layer), wherein a central portion exists, wherein the central portion comprises half-cut lines formed along outlines 7a which form discharge holes 7 (openings) due to adhesive 8; and a first seal area, wherein at least a portion of the peripheral zone of the lower layer fabric 2-2 (inner layer) is adhered to at least a portion of the peripheral area of the upper-layer fabric 2-1 (outer layer) in the first seal area (see fig. 1, 2, 4, 5a, and annotated partial fig. 1 below).
Choe does not disclose the peripheral zone being defined by a second perimeter of the second layer and a second line of weakness formed inward of the second perimeter, the second line of weakness defining a central portion of the inner layer, the central portion of the inner layer comprising one or more openings within the central portion inward of the second line of weakness, or the central portion of the inner layer being removable by fracturing the second line of weakness.
Farrell teaches a cover having a center panel 52 surrounded by cut lines 41 and a tear strip 51 extending between cut lines 41 and angled cut lines 42 (second line of weakness), where removal of the center panel 52 forms an opening and removal of the tear strip 51 forms a larger opening (see fig. 4, 5, and 7).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have provided angled cut lines 42 (second line of weakness) below the lid 4 (flap) and surrounding all of the outlines 7a, as taught by Farrell, in order to form a larger opening for increased flow and/or access when desired.
河合 広文 teaches a food container lid 1 having a composite sheet 10 having holes 12 and a surface sheet 20 covering the composite sheet 10 and having an easy release layer 30 covering the holes 12 (see fig. 1-4).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the lid 2 (membrane) to have replaced the half-cut lines formed along outlines 7a and release coating 9 with like sized holes 12 (openings) covered by adhesive 8, as taught by 河合 広文, in order to reduce materials and associated costs.
The combination discloses the peripheral zone being defined by the second perimeter of the lower layer fabric 2-2 (inner layer) and the angled cut lines 42 (second line of weakness) formed inward of the second perimeter, the angled cut lines 42 (second line of weakness) defining the central portion on the inner film 26 (inner layer), the central portion of the lower layer fabric 2-2 (inner layer) comprising the dispensing holes 12 (openings) within the central portion inward of the angled cut lines 42 (second line of weakness), and the central portion of the lower layer fabric 2-2 (inner layer) being removable by fracturing the angled cut lines 42 (second line of weakness).
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Claim 2: The combination discloses wherein the upper-layer fabric 2-1 (outer layer) defines a first shape and the lower layer fabric 2-2 (inner layer) defines a second shape, wherein the first shape and the second shape are the same (see fig. 1 and 5a).
Claim 5: The combination discloses further comprising a hinge formed within the outer contour 4a (first line of weakness) (see fig. 1 and 2).
Claim 6: The combination discloses wherein the first seal area is disposed between the perimeter of the upper-layer fabric 2-1 (outer layer) and the half cut line formed on the outer contour 4a (first line of weakness) of the upper-layer fabric 2-1 (outer layer) (see annotated partial fig. 1 above).
Claim 7: The combination discloses wherein the first seal area is disposed between the second perimeter of the lower layer fabric 2-2 (inner layer) and the half cut line formed on the outer contour 4a (first line of weakness) (see annotated partial fig. 1 above and fig. 5a).
Claim 8: The combination discloses a second seal area, wherein the second seal area covers the area of the lower layer fabric 2-2 (inner layer) below lid 4 (flap) and therefore is disposed between the angled cut lines 42 (second line of weakness) of the lower layer fabric 2-2 (lower layer) and the half cut line formed on the outer contour 4a (first line of weakness) of the upper-layer fabric 2-1 (outer layer) (see annotated partial fig. 1 above and fig. 5a).
Claim 11: The combination discloses wherein the first seal area comprises a permanent adhesive 8 (see annotated partial fig. 1 above and fig. 5a).
Claim 12: The combination discloses wherein the first seal area and the second seal area are formed with the same type of adhesive 8 (see annotated partial fig. 1 above and fig. 5a).
Claim 14: The combination discloses wherein the lid 4 (flap) of the upper-layer fabric 2-1 (outer layer) further comprises a tab portion 5 (pull tab) (see fig. 1).
Response to Arguments
The drawing objections in paragraphs 6-10 and 14 of office action dated 19 December 2024 are withdrawn in light of the amended disclosure filed 19 March 2025.
The 35 U.S.C. § 112 rejections in paragraph 17 of office action dated 19 December 2024 are withdrawn in light of the amended claims filed 19 March 2025.
Applicant’s arguments, see Rejections Under 35 U.S.C. 102, filed 19 March 2025, with respect to the rejection(s) of claim(s) 1-14 and 16 under 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Pierron (EP 1449789) further in view of Aoun (US 20190276198) and Farrell (US 3158491) and additionally in view of Choe (KR 101960695) further in view of 河合 広文 (JP 4235739) and Farrell (US 3158491).
In response to applicant’s argument that none of the cited references disclose openings formed within the central portion and that the central portion of the inner layer is removable by fracturing the second line of weakness, the Examiner replies that these features are present in the combination of Zhu (US 20210198014) further in view of Aoun (US 20190276198) and Farrell (US 3158491).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALLAN D STEVENS whose telephone number is (571)270-7798. The examiner can normally be reached Monday-Friday 12-8 ET.
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, Orlando E. Aviles can be reached at (571)270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALLAN D STEVENS/Primary Examiner, Art Unit 3736
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