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
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 06/22/26 has been entered.
Claims 1-32 have been examined in this application. This communication is the first action on the merits in response to the amendment filed 06/22/26.
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.
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 1-6, 8, 11-14, 16, 18, 21-26, 28, and 30 are rejected under 35 U.S.C. 103 as being unpatentable over US 2805005 to Kappler in view of US 2832514 to O’Connor.
As per claim 1, Kappler discloses a container for holding at least one article, the container comprising:
a body (1) at least partially defining 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 A - below) extending upwardly from the central portion.
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Figure A: US 2805005, Fig 2 – annotated
Kappler does not disclose the marginal portion is non-coplanar with the central portion. O’Connor teaches a container comprising a dispenser member (19) rotatably positioned in the interior of the container (Fig. 3), wherein the dispenser member comprises a central portion (see Figure B - below) and a marginal portion (see Figure B - below) extending upwardly from the central portion to locate the dispenser member properly and accommodate for different variations in tightness of the crimp (Col. 3, ¶ 2). 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 O’Connor to similarly locate the dispenser member properly and accommodate for different variations in tightness of the crimp.
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Figure B: US 2832514, Fig 3 – 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 at least partially defining 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, the Kappler-O’Connor combination discloses all the structure claimed as previously set forth with regard to claim 11. While the Kappler-O’Connor combination 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.
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 2832514 to O’Connor in view of US 348665 to La Croce.
As per claims 5, 15, and 27, the Kappler-O’Connor combination 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, the Kappler-O’Connor combination 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, the Kappler-O’Connor combination 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 03/23/26, the amendment and remarks filed 06/22/26 overcome the objection and the objection is withdrawn.
In regards to the claim rejections under prior art, the remarks filed 06/22/26 have been fully considered but are found moot because they do not apply to the grounds of rejection contained in this office action.
Conclusion
The prior art made of record in FORM PTO-892 and not relied upon is considered pertinent to applicant's disclosure.
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 June 29, 2026
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