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 the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 15-30 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 15 recites wherein the sealing lip “hermetically” seals with the lid, but the original disclosure did not recite what type of seal was created. Therefore, a specific hermetic seal was not supported by the original disclosure. The recitation of a container that “may also withstand internal overpressure” is not sufficient support for a hermetic seal.
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) 15-30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Morris, Sr. et al. (US-6170691-B1) in view of Ogawa (US-8608009-B2), Pickles (US-20060201947-A1), Sakakibara et al. (US-4348421-A) and Schier (US-3861433-A).
Morris discloses a container (Fig. 1) comprising a jar (10) comprising a body (14) having an inner wall configured to be an opening and an outer skirt (16) concentric with the inner wall and connected to the inner wall, the outer skirt comprising a radially outer surface with at least one helical thread (20) wherein the jar and closure comprise a moldable plastic material (col. 3, lines 19-24), the inner wall forming a sealing lip (Fig. 4); and a closure lid (12) comprising at least one helical thread (22) for screwing on the outer skirt of the jar, the lid comprising an annular groove opening downwards (Fig. 4), a plurality of second reinforcing ribs (18) disposed between the inner wall and the outer skirt, wherein the number of the plurality of reinforcing ribs ranges from 6 to 30 (col. 3, lines 38-41), a transverse annular wall (88) configured to connect the inner wall to the outer skirt wherein the plurality of reinforcing ribs extend under the annular transverse wall (Fig. 17), wherein the sealing lip formed inner wall extends above the transverse wall (Fig. 4), wherein the body comprises a conical wall (56) connected to the inner wall via a shoulder (54), wherein the opening has a diameter of a least 5 cm (col. 3, lines 24-26), wherein the closure lid comprises an outer skirt comprising at least one helical thread, wherein the outer skirt is connected to a first annular portion via a transverse wall forming the annular groove opening downward (Fig. 15), wherein the inner wall extends above the transverse wall and is configured to be a sealing lip, and wherein the sealing lip is attached to a radially inner surface of the first groove when the container is closed (col. 5, lines 14-29), wherein the annular groove has a substantially inverted U profile in section (Fig. 15), wherein the closure lid comprises a second annular portion configured to be a second groove opening upward (Fig. 15), wherein the closure lid comprises a first transverse wall connected to the outer skirt in an axial abutment with a second transverse wall that connects the inner wall to the outer skirt of the jar to prevent further rotation of the lid when the latter is screwed on the jar (Fig. 15), wherein the plurality of reinforcing ribs extend axially to a distance of less than the height of the outer skirt (Fig. 7).
Morris fails to teach wherein the inner wall having a thickness less than .7 mm, wherein the jar and closure comprises at least one injected thermoplastic material, first reinforcing ribs extending within the annular groove, wherein when the lid is screwed on the jar, the sealing lip of the inner wall engages with a portion of the annular groove of lid to seal the jar, without any additional seal interposed between the jar and the lid, wherein the seal is a hermetic seal.
Ogawa teaches that it is known in the art to manufacture a container of a synthetic resin with a wall thickness of less than .7 mm (col. 7, lines 29-36), wherein when the lid is screwed on a jar, a sealing lip of an inner wall engages with a portion of the annular groove of lid to seal the jar, without any additional seal interposed between the jar and the lid (col. 11, ll. 63 – col. 12, ll. 15).
Sakakibara teaches that it is known in the art that a synthetic resin for a container can be a thermoplastic material (col. 2, lines 49-50)
It would have been obvious to one of ordinary skill in the art at the time the invention was made to have manufactured the container with the material and thickness taught by Ogawa, in order to reduce the amount of material and weight of the container. It would have been obvious to one of ordinary skill in the art at the time the invention was made to have manufactured the components out of thermoplastic, in order to adjust the cost of the container and since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. It would have been obvious to one of ordinary skill in the art at the time the invention was made to have manufactured the container without additional seals, as taught by Ogawa, in order to reduce the number of parts on the container.
Pickles teaches that it is known the art to manufacture a lid with reinforcing ribs (53).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to have manufactured the lid with reinforcing ribs, in order to strengthen the lid.
Schier teaches that it was known in the art to dimension a container and lid so that they create a hermetic seal (col. 3, lines 33-37).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have manufactured the modified structure of Morris with a hermetic seal, in order to better protect the contents of the assembly.
Response to Arguments
Applicant's arguments filed 12/16/2025 have been fully considered but they are not persuasive. The applicant’s arguments have been addressed in the modified rejection above.
Conclusion
THIS ACTION IS MADE FINAL. 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 JEFFREY R ALLEN whose telephone number is (571)270-7426. The examiner can normally be reached 9:00 am - 5:00 pm, Monday-Friday.
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, 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JEFFREY R ALLEN/Primary Examiner, Art Unit 3733