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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 March 5, 2026 has been entered.
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.
Claims 1-8 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Weyrauch (U.S. 2021/0237936) in view of Shaffer et al. (U.S. 3,985,257).
Regarding claim 1, Weyrauch teaches a container 10, comprising a body 12 and an upper head 16 and a lower bottom 14, a first opening 18 in the upper head, the first opening 18 having a diameter smaller than the diameter of the body (figure 1), wherein the first opening 18 comprises a rim (shown at lead line 18 in figure 4) extending from the upper head, and a second opening 20 in the upper head, the second opening comprising a vent (paragraph [0058]), a liner 22 disposed within the container (paragraph [0060]), wherein an upper edge of the liner (see 24 in figure 4) is configured to be sealed to the container by a cover (by weld and insertion of 44 to capture liner at 24 between 18 and 44; paragraph [0060]).
Weyrauch discloses the claimed invention except for the cover encircling a periphery of the rim and the closing ring. Shaffer et al. teaches that it is known to provide a container with a cover that encircles a periphery of the rim (see element 31 in figure 6) and a closing ring (see element 32 in figure 6). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the container of Weyrauch with the cover encircling a perimeter of the rim and the closing ring, as taught by Shaffer et al., in order to protect the rim of the opening of the container from damage and to prevent tampering.
Further regarding claim 1, a closing ring (element 32 of Shaffer et al., as modified above) comprising an engagement groove (located radially outwardly from lead line 32 in figure 6 of Shaffer et al.) for engaging an outer rim of the cover (element 31 of Shaffer et al., as modified above) and an annular bead of the rim (element 26 of Shaffer et al.) such that the outer rim and the annular bead extend at least partially into the engagement groove (figure 6 of Shaffer et al.).
Regarding claim 2, the upper edge of the liner is sealed to a perimeter of the first opening (“liner connector 24, by means of an expansion welding method, in the radial direction is then welded tightly to the annular internal surface 42…”; paragraph [0060]; figure 4).
Regarding claim 3, the modified container of Weyrauch discloses the claimed invention except for the first opening being between about 3 inches and about 12 inches. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the modified container of Weyrauch with the first opening being between about 3 inches and about 12 inches, in order to increase the rate of flow into and out of the container, and since a change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Regarding claim 4, the modified container of Weyrauch discloses the claimed invention except for the container comprising a cylindrical 55 gallon drum. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the modified container of Weyrauch with the container comprising a cylindrical 55 gallon drum, in order to increase provide a container with a conventional and well known size, and since a change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Regarding claim 5, the container further comprises a cover 44 configured to couple to the annular bead at 38.
Regarding claim 6, an outer rim (located radially outwardly of lead line 32 in figure 6 of Shaffer et al.) of the cover comprises an engagement groove for the annular bead of the rim (26 of Shaffer et al., as modified above).
Regarding claim 7, the cover (31 of Shaffer et al., as modified above) couples to the annular bead (26 of Shaffer et al., as modified above) with the closing ring (32 of Shaffer et al.).
Regarding claim 8, the cover comprises a bung opening fitting (figure 4).
Regarding claim 10, the liner is removable and replaceable (paragraph [0011]).
Claims 11-14, 16 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Weyrauch (U.S. 2021/0237936) in view of Budenbender (U.S. 5,169,019) and Shaffer et al. (U.S. 3,985,257).
Regarding claim 11, Weyrauch teaches a tight head drum 10, comprising a cylindrical body 12 with a closed bottom end 14 and a top end 16, the top end comprising a rim defining an opening 18 having a diameter smaller than the cylindrical body (figure 1), wherein the opening is sealed with a lid at 44, and a liner 22 disposed within the tight head drum (paragraph [0060]), wherein an upper edge of the liner is sealed or connected to a perimeter of the opening by the lid (by weld and insertion of 44 to capture liner at 24 between 18 and 44; paragraph [0060]).
Further regarding claim 11, Weyrauch discloses the claimed invention except for the closing ring, and the liner encircling the rim. Shaffer et al. teaches that it is known to provide a container with a closing ring (element 32; figure 6). Budenbender discloses that it is known to provide a container with a liner encircling the rim (see figure 7). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the container of Weyrauch with the closing ring and cover engagement, as taught by Schaffer et al., in order to protect the rim of the opening of the container from damage and to prevent tampering. It also would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the container of Weyrauch with the liner encircling the rim, as taught by Budenbender, in order to prevent axial slipping of the liner with respect to the rim.
The modified container of Weyrauch teaches the lid coupled to the rim with a closing ring (element 32 of Shaffer et al., as modified above), the closing ring (element 32 of Shaffer et al.) comprising at least one of a gasket and latched connection or a bolt ring closure (Shaffer et al. teaches that the closing ring is crimped onto the container, the crimping is considered a latched connection, to the degree set forth in the claim).
Regarding claim 12, the modified container of Weyrauch discloses the claimed invention except for the first opening comprising an opening between about 3 inches and about 12 inches. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the modified container of Weyrauch with the first opening comprising an opening between about 3 inches and about 12 inches, in order to increase the rate of flow into and out of the container, and since a change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Regarding claim 13, the liner 22 comprising a material resistant to hazardous materials (paragraph [0054]).
Regarding claim 14, the top end further comprises a vent opening at 20.
Regarding claim 16, the modified container of Weyrauch discloses the claimed invention except for the lid comprising an opening between about 3 inches and about 12 inches. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the modified container of Weyrauch with the lid comprising an opening between about 3 inches and about 12 inches, in order to increase the rate of flow into and out of the container, and since a change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Regarding claim 17, the opening is configured to be sealed with a drum plug 44.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Weyrauch (U.S. 2021/0237936) in view of Budenbender (U.S. 5,169,019) and Shaffer et al. (U.S. 3,985,257), as applied to claim 11 above, and further in view of Weyrauch (WO2020/057775A1).
Regarding claim 15, the modified container of Weyrauch (U.S. 2021/0237936) discloses the claimed invention except for the lid being made of steel. Weyrauch (WO2020/057775A1) discloses that it is known to provide a closure made of steel (“Bung plug BSC 70x6 designed for steel sealing cap.”). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the modified container of Weyrauch (U.S. 2021/0237936) with the lid being made of steel, as taught by Weyrauch (WO2020/057775A1), in order provide a lid of increased strength 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. In re Leshin, 125 USPQ 416.
Claims 18-21 are rejected under 35 U.S.C. 103 as being unpatentable over Weyrauch (U.S. 2021/0237936) in view of Budenbender (U.S. 5,169,019) and Shaffer et al. (U.S. 3,985,257).
Regarding claim 18, Weyrauch teaches a lidded drum 10, comprising, wherein the primary opening at 18 is defined by an annular bead rim (shown at lead lines 38 and 18) extending from an upper surface of the lidded drum (figure 4), a secondary opening 20 defined by the upper surface of the lidded drum (figure 1), and a liner 22 disposed within the lidded drum, wherein an upper edge of the liner is sealed or connected (by weld and insertion of 44 to capture liner at 24 between 18 and 44; paragraph [0060]) to a perimeter of the annular bead rim by the closing ring, as modified below.
Further regarding claim 18, Weyrauch discloses the claimed invention except for the closing ring, except for the liner being between the peripheral portion and the rim and the second opening being smaller than the first opening. Shaffer et al. teaches that it is known to provide a container with a closing ring (element 32; figure 6) and a second opening smaller than the first opening (see figure 1). Budenbender discloses that it is known to provide a container with a liner encircling the rim (see figure 7). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the container of Weyrauch with the closing ring and cover engagement, as taught by Schaffer et al., in order to protect the rim of the opening of the container from damage and to prevent tampering. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the modified container of Weyrauch with the second opening being smaller than the first opening, as taught by Schaffer et al., in order to limit the rate of venting. It also would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the container of Weyrauch with the liner encircling the rim, as taught by Budenbender, in order to prevent axial slipping of the liner with respect to the rim.
The modified container of Weyrauch teaches a closing ring (32 of Schaffer et al., as modified above) for removably and resealably fastening a drum lid on a primary opening of the lidded drum (since the closing rim of Shaffer et al. is crimped, it is removable and resealable due to the ductile nature of the material of the closing ring), wherein the secondary opening comprises a smaller diameter than the primary opening (as shown in figure 1 of Shaffer et al.).
Regarding claim 19, the closing ring (as modified by Shaffer et al.) comprises an engagement groove (which receives 26 of Shaffer et al.) for engaging the annular bead (26 of Shaffer et al.) of the outer rim of the lidded drum.
Regarding claim 20, the primary opening comprises a circular diameter (figure 1) and the drum lid defines an opening having a diameter smaller than the primary opening (figure 1 of Shaffer et al., as modified above).
Regarding claim 21, the drum lid may be secured to the drum with an adhesive, via friction or a snap fit, an internal or external threaded connection, a gasket and latched connection, with toothed or other biting-type features, or other connection system (the drum lid is secured by “other connection system”).
Response to Arguments
Applicant's arguments filed March 5, 2026 have been fully considered but they are not persuasive. The amendment filed March 5, 2026 is sufficient to overcome the rejection under 35 U.S.C. 112, set forth in the previous Office Action.
Applicant argues that the modified container of Weyrauch does not teach an outer rim and annular bead extending into an engagement groove of the closing rim. It is the examiner’s position that the modified container of Weyrauch meets these limitations of amended claim 1. Specifically, the container of Weyrauch is modified by closing ring and lid engagement mechanisms of Shaffer et al. As shown in figure 6 of Shaffer et al., the rim has a bead at 26, and the lid has an outer rim which is the outer skirt of 31. The closing ring 32 has an engagement groove which receives the outer rim of the lid and the annular bead 26.
Regarding claim 11, Applicant argues that Weyrauch does not teach the closing ring comprising at least one of a gasket and latched connection or a bolt ring. The primary reference of Weyrauch is modified by Shaffer et al. to teach a closing ring. It is the examiner’s position that the closing ring of Shaffer et al. meets this limitation because the crimping mechanism of the closing ring 32 can be considered a latched connection, to the degree set forth in the claim.
Regarding claim 18, Applicant argues that Weyrauch does not teach a closing ring for removably and resealably fastening a drum lid on a primary opening. It is the examiner’s position that the secondary reference of Shaffer et al. meets this limitation of amended claim 18. The crimping fastening mechanism of the closing ring of Shaffer et al. is removable and can be resealed because of the ductile nature of the closing rim material.
Conclusion
THIS ACTION IS MADE NON-FINAL.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NIKI MARINA ELOSHWAY whose telephone number is (571)272-4538. The examiner can normally be reached Monday through Friday 7: 00 a.m. to 3:00 p.m..
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/NIKI M ELOSHWAY/Examiner, Art Unit 3736
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