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 .
Status of the Application
Claims 1-32 have been examined in this application. This communication is the first action on the merits. The Information Disclosure Statements (IDS) filed on 05/06/24, 05/28/24, 06/27/24, 08/15/24, 11/19/24, and 07/11/25 have been acknowledged and considered by the Office.
Election/Restrictions
Applicant’s election without traverse of Species II in the reply filed on 11/07/25 is acknowledged. Applicant indicated that all claims read on the elected species and the Examiner agrees.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
“a body extending partially around an interior of the container” (claims 1, 11, 21)
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
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.
Claims 1-6, 8, 11-14, 16, 18, 21-26, 28, and 30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2805005 to Kappler.
As per claim 1, Kappler discloses a container for holding at least one article, the container comprising:
a body (1) extending at least partially around an interior of the container;
a closed bottom (5) engaged with the body (Fig. 3);
at least one barrier member (4) positioned in the interior of the container (Fig. 1) and comprising an access opening (8); and
a dispenser member (3) rotatably (Col. 1, Ln. 59-62) positioned in the interior of the container (Fig. 1), the dispenser member comprising a dispenser opening (6) such that the dispenser opening can be selectively rotationally aligned with the access opening in the at least one barrier member to provide access to the interior of the container (claim 4), wherein the dispenser member comprises a central portion (see Figure A - below) and a marginal portion (see Figure B - below) extending upwardly from the central portion.
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Figure A: US 2805005, Fig 2 – annotated
As per claim 2, Kappler further discloses the dispenser member is positionable at a first rotational position relative to the at least one barrier member in which the dispenser opening is generally aligned with the access opening (claim 4).
As per claim 3, Kappler further discloses the dispenser member is positionable at a second rotational position relative to the at least one barrier member in which the dispenser opening is at least partially offset relative to the access opening (Fig. 2).
As per claim 4, Kappler further discloses at least a portion of the dispenser member is positioned below an upper edge of the body of the container (Fig. 1).
As per claim 6, Kappler further discloses the dispenser opening is a first dispenser opening, and the dispenser member further comprises a second dispenser opening (7) comprising an aggregation of openings at least partially defined by the dispenser member (Fig. 1-2).
As per claim 8, Kappler further discloses the marginal portion extends to engage a rim (2) of the body (Fig. 1-2), and at least one protrusion (9) extending upwardly from the central portion of the dispenser member to facilitate engagement by a user.
As per claim 11, Kappler discloses a combination of blanks for forming a container for holding at least one article, the combination comprising:
a body blank (1) for forming a body extending at least partially around an interior of the container;
a bottom blank (5) for forming a closed bottom engaged with the body when the container is formed from the combination of blanks;
at least one barrier blank (4) comprising an access opening (8) and for forming at least one barrier member positioned in the interior of the container formed from the combination of blanks (Fig. 1); and
a dispenser blank (3) comprising a dispenser opening (6), the dispenser blank for forming a dispenser member rotatably positioned in the interior of the container formed from the combination of blanks such that the dispenser opening can be selectively rotationally aligned with the access opening in the at least one barrier member to provide access to the interior of the container formed from the combination of blanks (claim 4), wherein the dispenser blank comprises a central portion and a marginal portion for extending upwardly from the central portion when the container is formed from the combination of blanks (see Figure A above, with respect to claim 1).
As per claim 12, Kappler further discloses the dispenser blank is for forming the dispenser member being positionable at a first rotational position relative to the at least one [AltContent: rect]barrier member formed from the at least one barrier blank, in which the dispenser opening is generally aligned with the access opening, when the container is formed from the combination of blanks (claim 4).
As per claim 13, Kappler further discloses the dispenser blank is for forming the dispenser member being positionable at a second rotational position relative to the at least one barrier member formed from the at least one barrier blank, in which the dispenser opening is at least partially offset relative to the access opening, when the container is formed from the combination of blanks (Fig. 2).
As per claim 14, Kappler further discloses at least a portion of the dispenser member formed from the dispenser blank is for being positioned below an upper edge of the body of the container formed from the combination of blanks (Fig. 1).
As per claim 16, Kappler further discloses the dispenser opening is a first dispenser opening, and the dispenser member further comprises a second dispenser opening (7) comprising an aggregation of openings at least partially defined by the dispenser blank (Fig. 1-2).
As per claim 18, Kappler further discloses the marginal portion arranged to extend to engage a rim (2) of the body when the container is formed from the combination of blanks (Fig. 1-2), the dispenser blank for forming at least one protrusion (9) extending upwardly from the central portion of the dispenser member to facilitate engagement by a user when the container is formed from the combination of blanks.
As per claim 21, Kappler discloses all the structure claimed as previously set forth with regard to claim 11. While Kappler does not explicitly disclose steps of: obtaining the body blank and bottom blank and barrier blank and dispenser blank and positioning them as claimed—the particular steps claimed appear inherent at least because of the resultant structure.
As per claim 22-23, Kappler further discloses the dispenser member is positionable at a first rotational position relative to the at least one barrier member in which the dispenser opening is generally aligned with the access opening and a step of positioning the dispenser member at the first rotational position (claim 4).
As per claims 24-25, Kappler further discloses the dispenser member is positionable at a second rotational position relative to the at least one barrier member in which the dispenser opening is at least partially offset relative to the access opening, and a setp of positioning the dispenser member at the second rotational position (Fig. 2).
As per claim 26, Kappler further discloses positioning the dispenser blank comprises positioning the dispenser blank to form the dispenser member such that at least a portion of the dispenser member is positioned below an upper edge of the body of the container (Fig. 1).
As per claim 28, Kappler further discloses the dispenser opening is a first dispenser opening, and the dispenser member further comprises a second dispenser opening (7) comprising an aggregation of openings at least partially defined by the dispenser member (Fig. 1-2).
As per claim 30, Kappler further discloses positioning the dispenser blank to form the dispenser member comprises positioning the marginal portion extending upwardly from the central portion to engage a rim of the body (Fig. 1-2: the dispenser blank is positioned to serve as a dispenser member where the marginal portion extends upwardly from the central portion to engage a rim 2 of the body) and, and arranging at least one protrusion (9) extending upwardly from the central portion of the dispenser member to facilitate engagement by a user.
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.
Claims 5, 7, 9-10, 15, 17, 19-20, 27, 29, and 31-32 are rejected under 35 U.S.C. 103 as being unpatentable over US 2805005 to Kappler in view of US 348665 to La Croce.
As per claims 5, 15, and 27, Kappler discloses the claimed invention except for an edge of the dispenser opening being complementary to an edge of the access opening.
La Croce teaches a container (Fig. 6-7) comprising a body (14) and a barrier member (50) having an access opening (51), and a dispenser member (29) having a dispensing opening (30), wherein the dispenser member is rotatable relative to the barrier member (Fig. 6-7), and wherein an edge of the dispenser opening is complementary to an edge of the access opening (Fig. 7). It would have been obvious for one of ordinary skill in the art at the time the application was effectively filed to modify Kappler according to the aforementioned teachings from La Croce for reasons including to provide a control surface for flow immediate adjacent the access opening.
As per claims 7, 17, and 29, Kappler further discloses an aggregation of openings (7) wherein each opening of the aggregation of openings is smaller than the first dispenser opening (Fig. 1-2).
As per claims 9, and 31, Kappler discloses the claimed invention except wherein the at least one protrusion is a first protrusion and the dispenser member further comprises a second protrusion extending upwardly from the central portion for facilitating engagement by a user. La Croce teaches a container (Fig. 6-7) comprising a body (14) and a barrier member (50) and a dispenser member (29), wherein the dispenser member is rotatable relative to the barrier member (Fig. 6-7) and a protrusion (40; Fig. 3 & 5) extending from the dispenser member for facilitation by a user – that protrusion comprising first and second protrusions. It would have been obvious for one of ordinary skill in the art at the time the application was effectively filed to modify Kappler according to the aforementioned teachings from La Croce for reasons including to reduce material costs during manufacture.
As per claims 10 and 32, La Croce further discloses the first protrusion is spaced away from the second protrusion (Fig. 3 & 5).
As per claim 19, Kappler discloses the claimed invention except wherein the at least one protrusion is a first protrusion and the dispenser member further comprises a second protrusion extending upwardly from the central portion for facilitating engagement by a user. La Croce a container (Fig. 6-7) comprising a body (14) and a barrier blank (50) and a dispenser blank (29), wherein the dispenser blank is rotatable relative to the barrier blank (Fig. 6-7) and a protrusion (40; Fig. 3 & 5) extending from the dispenser member for facilitation by a user – that protrusion comprising first and second protrusions. It would have been obvious for one of ordinary skill in the art at the time the application was effectively filed to modify Kappler according to the aforementioned teachings from La Croce for reasons including to reduce material costs during manufacture.
As per claim 20, La Croce further discloses the first protrusion is spaced away from the second protrusion when the container is formed the combination of blanks (Fig. 3 & 5).
Response to Arguments
In regards to the objections to the drawings issued in the office action dated 12/03/25, the amendment and remarks filed 02/27/26 have been fully considered. All drawing objections are withdrawn except for that maintained herein with regard to the claim limitation “a body extending partially around an interior of the container”. Applicant requests withdrawal of the maintained drawing objection by arguing “Other components, e.g. the closed bottom, of the container can also extend around the interior. Thus, the body can extend partially around the interior.” In response, the limitation “a body extending […] around an interior […]” is interpreted as a body extending around a perimeter of an interior. The disclosed body defines the perimeter of the claimed “interior of the container” and therefore it is unclear how the body can extend “partially” around the interior. And, there is no depiction of the claimed body “extending […] partially around an interior of the container” as claimed and in accordance with the interpretation set forth above.
In regards to the claim objections and claim rejections under 35 USC § 112 issued in the office action dated 12/03/25, the amendment filed 02/27/26 appropriately addresses all and they are withdrawn.
In regards to the claim rejections under prior art, the remarks filed 02/27/26 have been fully considered but are not found persuasive. Applicant requests withdrawal of the claim rejections by providing the following arguments:
The indicated central portion and marginal portion of Kappler does not disclose the marginal portion extending upwardly from the central portion because the central portion and marginal portion are coplanar.
Kappler does not teach the feature of claims 8, 18, 30: “wherein the marginal portion extends upward to engage a rim of the body”.
In response to (A), in determining the relative weight to accord to rebuttal evidence, considerations such as whether a nexus exists between the claimed invention and the proffered evidence, and whether the evidence is commensurate in scope with the claimed invention, are appropriate. The mere presence of some credible rebuttal evidence does not dictate that an obviousness rejection must always be withdrawn. See MPEP § 2145. Applicant’s argument that the references fail to show certain features of applicant’s invention, it is noted that the features upon which applicant relies (i.e., the central portion and marginal portion being non-coplanar) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Furthermore, Kappler discloses the claim limitation as previously set forth.
In response to (B), Kappler discloses the claim limitation as set forth in this office action.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
The prior art made of record in FORM PTO-892 and not relied upon is considered pertinent to applicant's disclosure.
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 with expire on the date the advisory action is mailed, and any extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Randy Gruby, whose telephone number is (571) 272-3415. The examiner can normally be reached from Monday to Friday between 8:00 AM and 5:00 PM.
If any attempt to reach the examiner by telephone is unsuccessful, the examiner’s supervisor, Paul Durand, can be reached at (571) 272-4459.
Another resource that is available to applicants is the Patent Data Portal (PDP). Information regarding the status of an application can be obtained from the (PDP) system. For more information about the PDP system, see https://opsg-portal.uspto.gov/OPSGPortal/. Should you have questions on access to the PDP system, please feel free to contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
/R.A.G/Examiner, Art Unit 3754
/PAUL R DURAND/Supervisory Patent Examiner, Art Unit 3754 March 19, 2026