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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 1/30/2026 has been entered.
Response to Amendment
The amendment filed on 12/19/2025 (hereinafter “amendment”) has been accepted and entered. Claims 1 and 3-4 are pending.
Drawings
The previous objection(s) to the drawings is/are withdrawn as a result of the amendment.
Claim Rejections - 35 USC § 112(b)
The 35 U.S.C. 112(b) rejections of claim(s) 2 is/are withdrawn as a result of the amendment.
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 and 4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Albrecht et al. US 4,567,993, herein after referred to as Albrecht.
Regarding claim 1 Albrecht discloses a plastic screw cap (10 closure, Figs. 1-8) including:
a top plate (32 upper end wall);
a skirt wall (34 cylindrical skirt) that extends downward from a peripheral edge of the top plate an inner surface of the skirt wall including a thread (30 internal threads) to be screwed to an outer surface of a container mouth portion (Fig. 2); and
a tamper-evident band (36 separable band) that is connected to a lower end of the skirt wall via a breakable bridge (40 frangible bridge) an inner surface of the tamper-evident band including a locking projection (50 annular lug) capable of being locked to a lower surface of a container jaw portion (Figs. 2-6), wherein
the inner surface of the tamper-evident band (36) further includes a flow path forming projection (43 rib, Figs. 6-7) that is located above and spaced from the locking projection (50) and abuts an outer surface of the container jaw portion (Figs. 6-7) to form a flow path (either side of 43) between the container jaw portion and the inner surface of the skirt wall in a state where the plastic screw cap is attached to the container mouth portion (Fig. 6).
Regarding claim 4 Albrecht discloses a plastic screw cap according to claim 1 and further discloses wherein the flow path forming projection (43) has an axially extending rib shape or a block shape (Fig. 7).
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) 3 is rejected under 35 U.S.C. 103 as being unpatentable over Albrecht in view of Inoue JP 6373099 B2, herein after referred to as Inoue.
Regarding claim 3 Albrecht discloses a plastic screw cap according to claim 1 and further discloses the locking projection is a plurality of the locking projections (50) are formed at regular intervals in the circumferential direction (Col. 4 lines 53-56), and
the flow path forming projection (43) is disposed between and above the locking projections (43 is above and would be in between separate locking projection as they are spaced around the circumference).
Albrecht is silent to the path forming projection being above and between each adjacent pair of the locking projections.
Inoue teaches a screw cap (2) with a plurality of locking projections (36) formed at regular intervals in the circumferential direction (Fig. 2) and a flow path forming projections (either side of 40, Fig. 1) that is disposed between and above each adjacent pair of the locking projections (Figs. 1 and 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the spacing of the flow path forming projections to be disposed between and above each adjacent pair of locking projections as taught by Inoue as it is well known in the art and yield predictable results as well as allowing the screw cap to have multiple flows paths which allow for a more even flow and allow for flows path when the container is in different orientations (tilted, vertical, on its side etc.). Additionally, it has been held that rearranging parts of an invention involves only routine skill in the art.
Response to Arguments
Applicant's arguments filed 12/19/2025 have been fully considered but they are not persuasive. Applicant argues that Albrecht fails to disclose “the inner surface of the tamper-evident band further includes a flow path forming projection that is located above and spaced from the locking projection and abuts an outer surface of the container jaw portion to form a flow path between the container jaw portion and the inner surface of the skirt wall in a state where the plastic screw cap is attached to the container mouth portion” and “the rib 43 is located below the container jaw portion (i.e., located below and spaced apart from the container jaw portion) of the container 16, and does not abut an outer surface of the container jaw portion in a state where the closure 10 is attached to the container 16”. Examiner disagrees. The location/height of the locking projection in relationship to the jaw portion is not claimed, just that it “abuts an outer surface” and is thusly a moot point. The rib 43 abuts the under surface of the container jaw portion (44 projecting ridge) but is thusly not spaced apart from it. The rib 43 is in contact with the lower surface of 44 as is clearly shown in Fig. 6. Thusly meeting the claimed limitations of abutting an outer surface of the container jaw and being spaced from the locking projection 50 while the cap is attached to the mouth portion. Arguments to claim 3 are based on arguments to claim 1 and are addressed above.
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 at (571) 272-4561. 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.
/L KMET/ Examiner, Art Unit 3735
/Anthony D Stashick/ Supervisory Patent Examiner, Art Unit 3735