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 .
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 1-7 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.
Claim 1 currently states “A plastic container with a mouth and a main body, wherein - on an outer surface of the plastic container…” and “…at least one stiffening region is formed on an outer surface of the plastic container…”. This is confusing because it’s unclear if the second recitation of “an outer surface” of the plastic container is intended to be the same as the first recitation or different. If it’s intended to be the same, the second recitation should state “the outer surface”, and if it is different, then it should specifically be described as being different.
Claim 1 currently states “…the at least one stiffening region has a thickening or thinning of a wall thickness of the plastic container, and at least two stiffening regions in the form of grooves arranged along the circumference of the container…”. This is extremely confusing. Does the Applicant intend the “at least two stiffening regions in the form of grooves” to be a part of the “at least one stiffening region” having a thickening or thinning of a wall thickness? Or is this separate? Or are these “at least two stiffening regions” not a part of the “at least one stiffening region” previously claimed? Due to this lack of clarity, the claim cannot be examined further such that prior art is able to be applied.
Claim 1 currently states “container information is provided as a raised inscription oriented in a longitudinal direction in the outer surface of the plastic container as a negative image of an embossed section formed during the molding of the container.” This language is confusing. The claim first states that the container information is provided as a raised inscription. The claim then states the container information is… a negative image of an embossed section. This is confusing as the two statements appear to contradict one another. Further the claim is confusing as it states the container information is “a negative image of an embossed section formed during the molding of the container”. It’s unclear if the negative image is formed during the molding of the container or the embossed section is formed during the molding of the container. Due to this lack of clarity, the claim cannot be examined further such that prior art is able to be applied.
Based on these clarity issues claim 1 is unable to be examined further and as such claims 2-7 are also unable to be examined further.
Response to Arguments
Applicant's arguments filed 6/17/2026 have been fully considered but they are not persuasive. Applicant argues that the previously cited references do not teach the newly added claim limitations. However, as the newly added limitations have been rejected under 35 USC 112b above, the art cannot be applied, rendering the arguments moot.
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 JENNIFER CASTRIOTTA whose telephone number is (571)270-5279. The examiner can normally be reached Monday - Friday 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Jenness can be reached at (571) 270-5055. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JENNIFER CASTRIOTTA/Examiner, Art Unit 3733
/NATHAN J JENNESS/Supervisory Patent Examiner, Art Unit 3733 8 September 2026
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