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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 8 April 2026 has been entered.
Response to Arguments
Applicant's arguments filed 8 April 2026 have been fully considered but they are not persuasive.
The Applicant argues on page 5 of the Remarks that the prior art does not disclose the newly added limitations of a living hinge that has at least two stable low energy states. This new limitation is addressed in this Action, below.
Claim Rejections - 35 USC § 103
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, 4-8, 10, 11, 14 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vogel, et al. (“Vogel”) (U.S. Pub. 2015/0217910) in view of Brannon, et al. (“Brannon”) (U.S. Pub. 2014/0252034) and Wiesinger (U.S. Pat. 4,403,712).
Regarding claim 1, Vogel discloses a closure (12) comprising: a top profile (18) having an exterior surface (implicitly) and an interior surface (implicitly) opposite said exterior surface; a spud (46) projecting from said interior surface; a living hinge (80) (¶ [0066-0067]) engaging said top profile to a main body (16); an abutment (34) in said main body sealingly engaged with said spud, wherein said abutment extends around a longitudinal axis passing through said top profile and said spud; a collar (fig. 11) engaged with said abutment and oriented away from said top profile;
a spout (32) projecting from said floor towards said top profile, wherein said spout extends at least partially around said longitudinal axis and is nearer to said longitudinal axis than said abutment; a floor (112) peripherally bounded by said abutment; a sealing member (36) that is at least part of, optionally an entirety of, said floor, wherein said sealing member is peripherally bounded by a frangible boundary (72) extending around said longitudinal axis; a tab (38) extending from said sealing member towards said top profile; wherein said sealing member and said abutment are a continuous single constitutive material (fig. 11) and the sealing member is at least partially peripherally bound by said spout.
Vogel discloses that the spud is farther from the longitudinal axis than the spout but does not disclose that the spud is nearer to the axis that the abutment.
Brannon discloses a similar apparatus with a spud (50) engaging an abutment (28) wherein the spud is nearer to a longitudinal axis that the abutment.
Therefore, it would have been obvious to one with ordinary skill in the art, prior to the effective filing date of the claimed invention, to borrow the teaching of a spud engaging an abutment wherein the spud is nearer to a longitudinal axis that the abutment, since it has been held that mere reversal of the essential working parts of a device involves only routine skill in the art. In re Gazda, 219 F.2d 449, 104 USPQ 400 (CCPA 1955) MPEP 2144.04 VI. A.
Vogel discloses that the hinge is a living hinge (¶ [0052]: hinge is molded unitary with all the parts of the overcap) (¶ [0066-0067]) but is silent in regards to the hinge having at least two stable low energy states and an energy state between the two stable low energy states that is higher than each of the two low energy states.
Wiesinger discloses a living hinge (3) integrally injected molded with a bottle closure, the hinge has two stable low energy states (when the cap is either opened or closed, col. 5, lines 1-2) and an energy state (“unstable equilibrium”) between the two stable low energy states that is higher than each of the two low energy states. (col. 4, lines 49-56)
Therefore, it would have been obvious to one with ordinary skill in the art, prior to the effective filing date of the claimed invention, to borrow the teaching of Wiesinger to include a snap-acting hinge in holding the cap in either an open or closed position to aide in dispensing or closure. (col. 3, lines 1-6)
Regarding claim 4, Vogel discloses that spout has a dispensing lip and said longitudinal axis can be between said dispensing lip and said hinge, wherein a drain back (42) channel is defined by part of said abutment, part of said spout, and part of said floor connecting said abutment and said spout, wherein when said closure is in a position such that said dispensing lip is above said collar said drain back channel is sloped in a direction away from beneath said dispensing lip.
Regarding claim 5, Vogel discloses that the tab (38) is a loop (¶ [0042]: “pull ring”), wherein said loop is positioned between said floor and said top profile.
Regarding claim 6, Vogel discloses that the spud (44) is a continuous flange extending around said longitudinal axis. (fig. 2)
Regarding claim 7, Vogel discloses that the tab (38) extends from said sealing member at an initiation location, wherein said longitudinal axis L is between (fig. 9) said initiation location and said hinge (80).
Regarding claim 8, Vogel discloses that the frangible boundary (72) is thinner (fig. 11) than parts of said sealing member (36) along said frangible boundary.
Regarding claim 10, Vogel discloses that the collar (fig. 11) has an inwardly oriented surface oriented towards said longitudinal axis and an outwardly oriented surface oriented away from said longitudinal axis, wherein said inwardly oriented surface or said outwardly oriented surface comprises threads (82).
Regarding claim 11, Vogel discloses that the collar (fig. 11) has an inwardly oriented surface oriented towards said longitudinal axis and an outwardly oriented surface oriented away from said longitudinal axis, wherein a snap bead (¶ [0057]) projects from said inwardly oriented surface or from said outwardly oriented surface.
Regarding claim 14, Vogel discloses that the spud is a continuous flange extending around said longitudinal axis.
Regarding claim 15, Vogel discloses that the closure is engaged with a container comprised of said single constitutive material.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL J MELARAGNO whose telephone number is (571)270-7735. The examiner can normally be reached Mon - Fri: 8 am - 5 pm +/- flex.
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/MICHAEL J. MELARAGNO/Examiner, Art Unit 3754
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