DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant's arguments filed 12/22/2025 in response to Office Action 8/22/2025 have been fully considered but they are not persuasive for at least the following reasons:
Regarding claim 1, Applicant argues that the ring of the first primary prior art Cronin does not teach the ring “circumscribing” the lid sidewall at all (page 8 para 1, and page 9). Examiner disagrees. Please see the below clarifying annotated figure as an example of the rejection analysis. Examiner reminds Applicant of allowable subject matter (claim 24 that would roll into 22, and 26 that would roll into 25 then 1).
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Regarding claim 1, Applicant argues that since examiner’s annotated figure does not say that the ‘first inward’ and ‘second inward’ are the full limitations “first radially inward extending portion” and “second radially inward extending portion”, the examiner has not properly rejected the claim (page 8, sentence 5). Examiner disagrees, pointing to the citation identifying them as such (OA page 4; i.e. the claim was/is fully read on). Applicant also argues that the cited inward portions are not “radially inward extending” so cannot form the claimed “first axial gap” (page 8, para 2). However, the examiner did not only interpret the prefix term “inward” as a position, but already accounted for “radially” and “extending”, as well as forming the first axial gap. Please see the below clarifying annotated figure as an example of the rejection analysis, wherein the first axial gap is shown therebetween the first and second inwards, and a portion of the lid within that gap.
Applicant also appears to rely on their Figs 28-29 for the unlabeled segmented first inward portion of 723 and the second inward portion being wall 732 of 723. In response, 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). In other words, the examiner properly used the broadest reasonable interpretation of the claim terms. Examiner reminds Applicant of allowable subject matter (claim 24 that would roll into 22, and 26 that would roll into 25 then 1).
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Regarding claim 22, Applicant argues that second primary prior art CroninWO does not teach the ring “circumscribing” the lid sidewall at all (page 9). Examiner disagrees. Please see the below clarifying annotated figure as an example of the rejection analysis. Examiner reminds Applicant of allowable subject matter (claim 24 that would roll into 22, and 26 that would roll into 25 then 1).
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Claim Objections
Claims 2, 5, 8, 13, 16-17 and 20 are objected to because of the following informalities: The claim status identifier says “(Previously Presented)” or “(Original)”, but they should read “(Withdrawn)” (see 37 CFR 1.121(c)). Appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 is incorrect, any correction of the statutory basis 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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 3, 6-7, 9-12, 14-15 and 18-19 rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by US Pub 20100000993 by Cronin (hereinafter “Cronin”).
Regarding claim 1, Cronin teaches a container lid (Fig 3, 106 with 102 is a lid for a container 104) comprising:
a metal lid component that is cup shaped including a top wall and an annular lid sidewall connected to and extending from the top wall, the lid sidewall terminating in a distal end (Fig 3, [0035], “circular” “metal lid” 102 is shown cup shaped with an annular sidewall extending form the top wall and terminating in a distal end from the top wall);
a plastic connection ring circumscribing the lid sidewall (Fig 3, claim 16, [0011], “plastic hinge ring” 106, shown around/circumscribing the sidewall of 102, Fig 5),
the connection ring having:
a first radially inward extending portion and a second radially inward extending portion axially spaced from the first radially inward extending portion forming a first axial gap therebetween (see examiner annotated Cronin Figure 5, hereinafter “EAFC5”; EAFC5, first inward and second inward are extending portions that define a first axial gap therebetween), at least a portion of the lid sidewall being positioned within the first axial gap axially between the first and second radially inward extending portions securing the metal lid component to the plastic connection ring (EAFC5, at least a portion of the lid sidewall of 102 is shown within the first axial gap, and 102 is shown secured to 106); and
a first radially outward extending portion and a second radially outward extending portion axially spaced from the first radially outward extending portion forming a second axial gap therebetween (EAFC5, first outward and second outward are radially extending portions that define a second axial gap).
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Regarding claim 3, Cronin further teaches the connection ring (Fig 3, 106, circular [0035]) has a first ring sidewall and a second ring sidewall spaced radially outward from the first ring sidewall forming an annular groove therebetween (EAFC5, first ring sidewall and second ring sidewall define an annular groove therebetween); the first and second radially inward extending portions extending from the first ring sidewall (first and second inward shown extending from first ring sidewall); the first and second radially outward extending portions extending from the second ring sidewall (first and second outward shown extending from second ring sidewall).
Regarding claim 6, Cronin further teaches the connection ring has a top end and a bottom end (Fig 3, ends shown), the metal lid component projects axially above the top end of the connection ring (Fig 5, 102 projects axially above the top end of 106).
Regarding claim 7, Cronin further teaches the distal end of the lid sidewall is folded or curled radially inward forming a curl or a hem (Fig 5, the distal end of 102 is shown as a radially inward curl/hem).
Regarding claim 9, Cronin further teaches a container (Fig 3, 104) comprising:
a container bottom (Fig 4, 122) having a bottom wall and an annular bottom sidewall extending from the bottom wall (Fig 4, 124, circular [0035]), the bottom sidewall having a radially inward extending projection, the projection defining an opening into a storage cavity of the container bottom (Fig 4, an opening into cavity 128 is defined by a radially inward extending projection as a curl/hem in the container sidewall 124 rim); and
the container lid according to claim 1 (see claim 1, “container lid” 106 with 102) selectively engageable with the projection to removably secure the lid to the container bottom (EAFC5 & Fig 3, the container lid is capable of removably securing to the projection (i.e. 106 of the lid does this)), the projection of the container bottom positioned within the second axial gap axially between the first and second radially outward extending portions releasably securing the container bottom to the plastic connection ring (EAFC5, the projection curl/hem is shown positioned within the second axial gap).
Regarding claim 10, Cronin further teaches when the connection ring (106) is engaged with the projection of the container bottom, at a least a portion of the lid sidewall (102 sidewall) extends axially above the radially inward extending projection of the container bottom (EAFC5, at least a portion of the lid sidewall is shown extending axially above the container bottom projection hem/curl).
Regarding claim 11, Cronin further teaches when the connection ring (106) is engaged with the projection of the container bottom (EAFC5, 106 engages the projection), the first radially inward and outward extending portions are positioned external of the container bottom (EAFC5, first inward and first outward are external to the container bottom) and the second radially inward and outward extending portions are, at least in part, positioned within the container bottom (EAFC5, second inward and second outward are each at least partly within the container bottom).
Regarding claim 12, Cronin further teaches the connection ring (106) defines a central axis (a central axis of 106);
the metal lid component has a maximum diameter measured perpendicular to the central axis; the projection defines a minimum diameter measured perpendicular to the central axis, the minimum diameter of the projection being greater than the maximum diameter of the metal lid component (EAFC5, a minimum is shown greater than a maximum in diameter. This is because the maximum is an outer surface of the lid, and the minimum is an inner surface of the bottom – shared by the projection).
Regarding claim 14, Cronin further teaches the projection of the container bottom is a radially inwardly directed curled portion of the bottom sidewall (Fig 5, the radially inward extending projection is the curl/hem in the container sidewall 124 rim).
Regarding claim 15, Cronin further teaches the lid sidewall (102 sidewall) and top wall (102 top wall) are connected by a shoulder formed therebetween (EAFC5, a shoulder is shown therebetween), when the container lid is attached to the container bottom in a closed orientation, the shoulder of the metal lid component extends axially away from the container bottom beyond the connection ring (EAFC5, in the container lid attached and closed position, the metal lid 102 shoulder extends axially beyond and away from ring 106 (and the container bottom therefore)).
Regarding claim 18, Cronin further teaches the connection ring (106) includes a first portion (Fig 4, 134) hingedly (Fig 4, hinge 138) connected to a second portion (Fig 4, 136), the first and second portions formed from a single continuous piece of material (Fig 4, the first 136 and the second 134 portion of 106 are shown as a single continuous piece of material).
Regarding claim 19, Cronin further teaches the first radially inward extending portion and the second radially inward extending portion are provided by the first portion (EAFC5, first inward and second inward are provided/positioned by/proximal the first portion); and the first radially outward extending portion and the second radially outward extending portion are provided by the second portion (EAFC5, first outward and second outward are provided/positioned by/proximal the second portion).
Claims 1, 4, 22-23 and 25 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by WO 2010053952 by Cronin (hereinafter “CroninWO”).
Regarding claim 1, CroninWO teaches a container lid (see examiner annotated CroninWO Figure 19, hereinafter “EAFCWO19”; EAFCWO19, container lid) comprising:
a metal lid component is cup shaped including a top wall and an annular lid sidewall connected to and extending from the top wall, the lid sidewall terminating in a distal end (see examiner annotated CroninWO Figure 17, hereinafter “EAFCWO17”; EAFCWO17, metal lid, is annular [0056], Title, and cup shaped by a top wall and a sidewall);
a plastic connection ring circumscribing the lid sidewall (EAFCWO17, Title, plastic connection ring, circumscribes the lid sidewall),
the connection ring having:
a first radially inward extending portion and a second radially inward extending portion axially spaced from the first radially inward extending portion forming a first axial gap therebetween (see examiner annotated CroninWO Figure 23, hereinafter “EAFCWO23”; EAFCWO23, first inward and second inward are extending portions that define a first axial gap therebetween), at least a portion of the lid sidewall being positioned within the first axial gap axially between the first and second radially inward extending portions securing the metal lid component to the plastic connection ring (EAFCWO23, EAFCWO17, at least a portion of the lid sidewall of is shown within the first axial gap, and the metal lid is shown secured to the plastic connection ring); and
a first radially outward extending portion and a second radially outward extending portion axially spaced from the first radially outward extending portion forming a second axial gap therebetween (see examiner annotated CroninWO Figure 22, hereinafter “EAFCWO22”; EAFCWO22, first outward and second outward are radially extending portions that define a second axial gap).
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Regarding claim 4, CroninWO further teaches a radially inner edge of the first radially inward extending portion defines an inner dimension that is less than an inner dimension defined by a radially inner edge of the second radially inward extending portion (EAFCWO23, an inner dimension of a radially inner edge of first inward is shown less than an inner dimension of a radially inner edge of second inward (pointed to)).
Regarding claim 22, CroninWO teaches a container lid (EAFCWO19, container lid) comprising:
a metal lid component is cup shaped including a top wall and an annular lid sidewall connected to and extending from the top wall, the lid sidewall terminating in a distal end (EAFCWO17, metal lid, is annular [0056], Title, and cup shaped by a top wall and a sidewall);
a plastic connection ring circumscribing the lid sidewall (EAFCWO17, Title, plastic connection ring, circumscribes the lid sidewall),
the connection ring having a first portion (EAFCWO19, first portion) hingedly attached (EAFCWO19, hinge) to a second portion (EAFCWO19, second portion), the metal lid component being attached to the first portion (EAFCWO19, EAFCWO17, shows the metal lid attached to first portion of the plastic connection ring), the first portion of the connection ring and metal lid component defining a cavity (EAFCWO17, cavity, is shown defined by both the first portion and the plastic connection ring),
the first portion having a hingedly attached door (EAFCWO19, living hinge door) closing an opening into the cavity defined by the first portion when in a closed orientation (EAFCWO17, a cavity opening, is shown closed when the door is closed) and providing access to the cavity through the opening when in an open orientation (EAFCWO19, open access to said cavity opening is shown when door is open).
Regarding claim 23, CroninWO further teaches the door is connected to the rest of the first portion by a living hinge (EAFCWO19, living hinge door, [0082] “living hinge 225”).
Regarding claim 25, CroninWO further teaches the second radially inward extending portion is a wall (EAFCWO23, second inward is a wall), the wall and the metal lid component define a cavity therebetween (EAFCWO17, cavity), the wall having a hingedly attached door (EAFCWO19, living hinge door), the door closing an opening through the wall into the cavity when in a closed orientation (EAFCWO17, a cavity opening, is shown closed when the door is closed) and providing access to the cavity through the wall into the cavity when in an open orientation (EAFCWO19, open access to said cavity opening is shown when door is open – through the wall).
Allowable Subject Matter
As in the last Office Action, Claims 24 and 26 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims, and conforming to the elected species Figures 28-31 only.
Claims 24 and 26 recite: “the second portion of the plastic connection ring maintains the door of the first portion of the plastic connection ring in the closed orientation when the first portion is in a closed orientation relative to the second portion”. Examiner did not find the limitation of the second portion of the connection ring maintaining the connection ring’s first portion’s door closed while the first portion is closed (contacting) the second portion. Furthermore, any prior art (summaries in below Conclusion) or KSR rationale for rearrangement would be hindsight.
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 ERIC C BALDRIGHI whose telephone number is (571)272-4948. The examiner can normally be reached M-F 7:30-5:00 EST.
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 on 5712705055. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERIC C BALDRIGHI/Examiner, Art Unit 3733
/DON M ANDERSON/Primary Examiner, Art Unit 3733