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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 03/03/2026 has been entered.
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) 10-13, 15, and 18 is/are rejected under 35 U.S.C. 102a1 as being anticipated by U.S. Patent No. 6,216,907 to Morneau (“Morneau”).
As to claim 10, Morneau teaches a container for holding contents, comprising: a shell (drum 30) having a side wall (Morneau Fig. 1 shows the drum 30 has a sidewall) and a top portion (bottom surface 32) and a bottom portion (top surface 34) coupled to the side wall; an opening (Morneau, col. 4, lines 56-57) positioned on the top portion of the shell; a liner (liner 138) disposed within the shell conforming to the shape of the shell, the liner having a lid (cover 28) sealed to a top portion of the liner, the lid aligned with the opening of the shell; and a closing ring (adapter 26) coupling the lid to the shell, the closing ring encircling a periphery of the lid (the adapter 26 has an annular flange 70 that encircles the periphery of the lid) with the liner between a lip of the lid and the closing ring (Morneau, col. 8, lines 25-27).
As to claim 11, Morneau teaches the container of claim 10, wherein the liner includes an access portion for accessing the contents of the container (Morneau, col. 4, lines 20-35).
As to claim 12, Morneau teaches the container of claim 11, wherein the access portion comprises a bung opening defined by the lid, the bung opening between 3/4 inches and 8 inches (Morneau, col. 6, lines 55-57).
As to claim 13, Morneau teaches the container of claim 10, wherein the lid comprises a thermoformed plastic disk (liner collar 24) having an alignment feature extending therefrom (Morneau, col. 8-26).
As to claim 15, Morneau teaches the container of claim 10, wherein the lid comprises a circular plastic disk (cover 28) between 3 inches and 12 inches (Morneau, col. 6, lines 53-57 teaches the collar 24 is about 7 inches therefore the cover 28 closing the collar would be about 7 inches).
As to claim 18, Morneau teaches the container of claim 10, wherein the container further comprise a vent fitting and a vent plug (vent plug 38) removably disposed in the vent fitting (Morneau, col. 4, lines 50-55).
Claim(s) 19-20 is/are rejected under 35 U.S.C. 102a1 as being anticipated by U.S. Patent No. 4,635,814 to Jones (“Jones”).
As to claim 19, Jones teaches a liner for use in a container, the liner (liner 11) comprising: a cylindrical body (cylindrical steel drum 10) and an upper head (top end wall 13) and a lower bottom (bottom end wall 14), a first opening (opening 15) in the upper head (Jones Fig. 1 shows the opening 15 on the top end wall 13), the first opening having a diameter smaller than the diameter of the cylindrical body (Nichols Fig. 1 show the opening 15 is smaller than the diameter of the steel drum 10), wherein the first opening comprises a thermoformed cover (gland 44) disposed at the opening (Jones Fig. 6 shows the screw plug 70 on the opening 15), wherein the thermoformed cover comprises a rim (pear-shaped outwardly directed flange 50) configured to couple the liner to the container (Jones Fig. 6 shows the liner 11 attached to the flange 50 when the flange is attached to the top end wall 13) and a bung opening (cylindrical projection 52) disposed off-center in the thermoformed cover relative to the rim (Jones Fig. 3 shows the projection 52 is off-center of the gland 44).
As to claim 20, Jones teaches the liner of claim 19, wherein the liner conforms to the shape of the container (Jones, col. 5, lines 46-49).
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) 1-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. PGPUB 2007/0235454 A1 to Woodruff (“Woodruff”) in view of Morneau.
As to claim 1, Woodruff teaches a liner for use in a container, the liner comprising: a liner (liner 1) wall defining an interior cavity of the liner (Woodruff Fig. 1 shows the interior of the liner 1), the liner including a top portion (Woodruff Fig. 1 shows the top portion of the liner 1 that includes the aperture 2) and a bottom portion sealed to the liner wall (Woodruff Fig. 1 shows the bottom portion of the liner 1 that is opposite the wall that includes the aperture 2), the top portion comprising an opening (Woodruff Fig. 2A shows a 2 inch aperture with fitting for filling hose or cap); a disk (aperture 2) sealed to the top portion of the liner, the disk disposed in the opening (Woodruff Fig. 2A shows a 2 inch aperture with fitting for filling hose or cap); but does not teach a disk sealed to the top portion of the liner by a surface of the disk opposite the bottom portion of the liner sealed to a surface of the top portion facing toward the bottom portion of the liner, the surface of the disk having a width greater than the opening.
Morneau teaches a disk (adapter 26) sealed to the top portion of the liner (liner 138) by a surface of the disk opposite the bottom portion of the liner sealed to a surface of the top portion facing toward the bottom portion of the liner (Morneau, col. 8, lines 25-27), the surface of the disk having a width greater than the opening (Morneau Fig. 5 shows the adapter 26 has an annular flange 70 where the flange has a width greater than the opening B).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add the disk of Morneau with the liner as taught by Woodruff to prevent the loosening of the cover during handling and transport of a drum having the liner support system mounted thereon (Morneau, col. 3, lines 3-5).
As to claim 2, Woodruff modified by Morneau teaches the liner of claim 1, wherein the liner comprises a thickness between 0.002 inches and 0.014 inches (Woodruff, pg. 3, ¶ 0040).
As to claim 3, Woodruff modified by Morneau teaches the liner of claim 1, wherein the disk defines a bung opening between ¾ inches and 8 inches (Woodruff Fig. 2A shows dimensions for the aperture at 2 inches).
As to claim 4, Woodruff modified by Morneau teaches the liner of claim 3, wherein the bung opening is disposed in the top portion of the liner (Woodruff Fig. 1 shows the top portion of the liner 1 that includes the aperture 2).
As to claim 5, Woodruff modified by Morneau teaches the liner of claim 3, further comprising a bung (collar 11) configured to removably couple to the bung opening (Woodruff, pg. 5, ¶ 0056-0057).
As to claim 6, Woodruff modified by Morneau discloses the claimed invention except for wherein the disk comprises a diameter between about 3 inches and about 12 inches. It would have been an obvious matter of design choice to make the diameter larger to add more material to the interior of the liner, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. MPEP 2144.04 IV A.
As to claim 7, Woodruff modified by Morneau teaches the liner of claim 1, wherein the liner comprises at least one of a high-density polyethylene (HDPE) material, a low-density polyethylene (LDPE) material, a polypropylene material (Woodruff, pg. 3, ¶ 0039), a co-extruded polyethylene nylon material, a co-extruded ethylene vinyl alcohol material, a laminated material, or a foil material.
Claim(s) 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Woodruff in view of Morneau further in view of U.S. Patent No. 5,217,138 to Nichols (“Nichols”).
As to claim 8, Woodruff modified by Morneau teaches the liner of claim 1, but does not teach wherein the liner further comprises a vent fitting, and a vent plug removably disposed in the vent fitting.
Nichols teaches wherein the liner (liner 26) further comprises a vent fitting (vent means 66), and a vent plug (vent plug 68) removably disposed in the vent fitting (Nichols, col. 4, lines 32-41).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add the vent means and plug of Nichols to the liner as taught by Woodruff modified by Morneau to permit the evacuation of air from the liner (Nichols, col. 4, lines 1-2).
As to claim 9, Woodruff modified by Morneau teaches the liner of claim 1, but does not teach wherein the disk comprises a thermoformed plastic disk heat sealed to the top portion of the liner.
Nichols teaches wherein the disk comprises a thermoformed plastic disk (outer bung 32) heat sealed to the top portion of the liner (Nichols, col. 2, line 65-col. 3, line 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the plastic outer bung heat sealed of Nichols to the liner as taught by Woodruff modified by Morneau to ensure a securement in which the liner is non-removable from the bung (Nichols, col. 2, line 65-col. 3, line 2).
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Morneau in view of Woodruff.
As to claim 14, Morneau teaches the container of claim 10, but does not teach wherein the liner is made from at least one of a high-density polyethylene (HDPE) material, a low-density polyethylene (LDPE)material, a polypropylene material, a co-extruded polyethylene nylon material, a co-extruded ethylene vinyl alcohol material, a laminated material, or a foil material.
Woodruff teaches wherein the liner is made from at least one of a high-density polyethylene (HDPE) material, a low-density polyethylene (LDPE)material, a polypropylene material, a co-extruded polyethylene nylon material, a co-extruded ethylene vinyl alcohol material, a laminated material, or a foil material.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the plastic outer bung heat sealed of Nichols to the liner as taught by Woodruff modified by Morneau to ensure a securement in which the liner is non-removable from the bung (Nichols, col. 2, line 65-col. 3, line 2).
Claim(s) 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Morneau in view of U.S. Patent No. 5,217,138 to Nichols (“Nichols”).
As to claim 16, Morneau teaches the container of claim 10, but does not teach wherein a perimeter of the lid comprises the lip configured to couple to the container.
Nichols teaches wherein a perimeter of the lid comprises the lip (overhang structure 58) configured to couple to the container (Nichols, col. 3, lines 21-27).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the overhang structure of Nichols coupled to the container as taught by Morneau to align the aperture and the opening (Nichols, col. 4, lines 26-28).
As to claim 17, Morneau teaches the container of claim 10, but does not teach wherein the liner further comprise a vent fitting and a vent plug removably disposed in the vent fitting and the container further comprises an opening that aligns with the vent fitting.
Nichols teaches wherein the liner further comprise a vent fitting (vent means 66) and a vent plug (vent plug 68) removably disposed in the vent fitting (Nichols, col. 4, lines 32-41) and the container further comprises an opening that aligns with the vent fitting (Nichols, col. 4, lines 32-41).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention add the vent means and vent plug of Nichols to container as taught by Morneau to provide for venting (Nichols, col. 4, lines 34-35).
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jones in view of Woodruff.
As to claim 21, Jones teaches the liner of claim 19, but does not teach wherein the thermoformed cover comprises a bung opening disposed in the top portion of the liner, the bung opening between ¾ inches and 8 inches.
Woodruff teaches wherein the thermoformed cover (collar 11) comprises a bung opening disposed in the top portion of the liner (Woodruff, pg. 5, ¶ 0056-0057), the bung opening between ¾ inches and 8 inches (Woodruff Fig. 2A shows a 2 inch aperture with fitting for filling hose or cap).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention use the collar of Woodruff with the container as taught by Jones to store large volumes of water (Woodruff, pg. 1, ¶ 0003).
Response to Arguments
Applicant's arguments filed 03/03/2026 have been fully considered but they are not persuasive.
As to claim 10, the applicant argues that Morneau does not teach “a closing ring coupling the lid to the shell, the closing ring encircling a periphery of the lid with the liner between a lip of the lid and the closing ring”. However, Morneau teaches the adapter 26 coupling the lid 28 to the drum 30, the adapter having a flange 70 that encircles a periphery of the lid 28 with the liner 138 between the lid 28 and the adapter 26, as seen in Morneau Fig. 18.
As to claim 1, the applicant argues that Morneau does not teach “a disk sealed to the top portion of the liner by a surface of the disk facing away from the interior cavity sealed to a surface of the top portion facing toward the interior cavity, the surface of the disk having a width greater than the opening.” However, Morneau teaches the neck of the liner 138 is folded inside the ring 136 and the cover 28 is installed over the adapter 26 to cover the ring 136 and the liner 138 (Morneau, col. 8, lines 25-27).
Conclusion
Applicant is duly reminded that a complete response must satisfy the requirements of 37 C.F. R. 1.111, including: “The reply must present arguments pointing out the specific distinctions believed to render the claims, including any newly presented claims, patentable over any applied references. A general allegation that the claims “define a patentable invention” without specifically pointing out how the language of the claims patentably distinguishes them from the references does not comply with the requirements of this section. Moreover, “The prompt development of a clear Issue requires that the replies of the applicant meet the objections to and rejections of the claims.” Applicant should also specifically point out the support for any amendments made to the disclosure. See MPEP 2163.06 and MPEP 714.02. The ''disclosure'' includes the claims, the specification and the drawings.
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/M.L.P/Examiner, Art Unit 3733
/NATHAN J JENNESS/Supervisory Patent Examiner, Art Unit 3733 20 April 2026
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