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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 02/26/2026 has been entered.
Response to Amendment
Claims 1-2, 4-12 are pending.
Claims 13, and 14 are withdrawn.
Claim 3 is canceled.
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 “a conical section is provided between the deformation region and the main body, wherein this conical section tapers in a direction of the mouth of the container and in this conical region a diameter of the container is reduced by at least 5%.” as claimed in claim 1 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1-2, 4-12 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites “a conical section is provided between the deformation region and the main body, wherein this conical section tapers in a direction of the mouth of the container”. However, the drawing (Fig. 1) shows the height of the main body to be hG and the height of the deformation region to be hD. There is no space in between the two space and as such it is unclear as to where this conical section is located. The drawing clearly shows 12 overlaps with structure 4, and 6. Further correction and or clarification is required.
Claim 1 recites “in this conical region a diameter of the container is reduced by at least 5%”. However, the claim fails to recite 5% reduction with comparation to what specific diameter of the container. The container has several diameters throughout and it is unclear as to what this 5% reduction in diameter would be. For examination purpose, it will be assumed that the 5% reduction is compare to the maximum diameter of the container.
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.
Claim(s) 1-2, 4-12, is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over IWASHITA (AU 2014354043).
Regarding claim 1, IWASHITA discloses, A plastics material container (abstract) for holding liquids (para 24), comprising a bottom section (5), a main body (4) adjoining the bottom section that forms a holding volume for holding the liquid and that extends in a longitudinal direction of the plastics material container (Fig. 1), a shoulder region (See annotated fig. below)) adjoining the main body in the longitudinal direction, in which a cross-section in the longitudinal direction is reduced (See annotated fig. below) and with a mouth region (above zone 2; See annotated fig. below) which adjoins the shoulder region in the longitudinal direction, in which a mouth is formed (Fig. 4a, a mouth opening is shown) , via which the liquid can be supplied to the container, wherein the shoulder region and the mouth region being arranged in an upper section (See annotated fig. below) ) of the plastics material container in relation to the longitudinal direction, wherein the plastics material container has a deformation section (See annotated fig. below; Fig. 5) in the upper section and in the longitudinal direction below the mouth section, in which deformation section the plastics material container is elastically deformable with respect to its longitudinal direction, the deformation section is arranged in the longitudinal direction directly below the shoulder region (See annotated fig. below), so that a deformation of the container in said deformation region is provided below the shoulder region, and wherein a conical section (See annotated fig. below) is provided between the deformation region and the main body, wherein the conical section tapers in a direction of the mouth of the container.
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IWASHITA additionally appears to disclose in the conical region a diameter of the container is reduced by at least 5% compare to the maximum diameter of the container , however, in the event, in the conical region a diameter of the container is not reduced by at least 5% compare to the maximum diameter of the container, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified IWASHITA to have a diameter at the conical region reduced by at least 5% compare to the maximum diameter of the container since the claimed values are merely an optimum or workable range for the purpose of improving strength of the bottle. It has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. See MPEP 2144.05(II-A).
Regarding claim 2, IWASHITA discloses, wherein the deformation section is arranged in an upper half of the plastics material container (See annotated fig. of claim 1).
Regarding claim 4, IWASHITA discloses, the deformation section is arranged directly above the main body in the longitudinal direction(See annotated fig. of claim 1).
Regarding claim 5, IWASHITA discloses, the deformation section has a larger average cross-section than the shoulder region (See annotated fig. of claim 1).
Regarding claim 6, IWASHITA discloses, the main body has a labeling region (44) in which a cross-section of the container in the longitudinal direction is substantially constant.
Regarding claim 7, IWASHITA discloses, the plastics material container has in the deformation section a first rib that is circumferential at least in sections (311, 312, 313) .
Regarding claim 8, IWASHITA discloses, the first rib has several rib (311, 312, 313) sections which adjoin each other in the circumferential direction of the deformation section (Fig. 41).
Regarding claim 9, IWASHITA discloses, the number of rib sections in less than 13.
Regarding claim 10, IWASHITA discloses, the plastics material container has, in the deformation section, at least one second rib (Fig. 4b; section in between 311-312 and 312-313) that is circumferential at least in sections, wherein the second circumferential rib being offset with respect to the longitudinal direction relative to the first rib.
Regarding claim 11, IWASHITA discloses, the second rib has in the deformation region, several rib sections (Fig. 4b; section in between 311-312 and 312-313) which adjoin one another in the circumferential direction of the deformation section, wherein the rib sections of the second rib being advantageously offset and/or twisted with respect to the rib sections in the circumferential direction.
Regarding claim 12, IWASHITA discloses, a rib (See annotated fig. below) extending in the circumferential direction in formed in the main body.
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Response to Arguments
Applicant's arguments filed 02/26/2026 have been fully considered but they are not persuasive.
The applicant argues that element 12 is between the formation region and the main body. However, there is no space between deformation region 6 and main body 4 that allows for element 12 to be in between the two structure. Furthermore, the applicant argues that the decrease in 5% refers to the main diameter of the container. As previously stated, the container has several diameters (Fig. 9); the specification or the drawing fails to disclose with respect to what diameter the reduction is being measured. The applicant argues that D1 refers to the “main” diameter of the container but the specification fails to disclose this as argued. As stated in the advisory action (02/26/2026), D1 appears to be the maximum diameter of the container but nowhere does the specification or drawing discloses the reduction of 5% is in comparison to D1 (the maximum diameter).
The applicant further argues that the annotated figure for shoulder area is support ring to which the examiner replies that the shoulder area not the support ring but the area underneath as annotated above. The applicant did not define the word “shoulder region” that could not be read in light of the prior art. As such, the area that is mapped as shoulder region can be considered shoulder region and claim 1 as amended is considered to be disclosed by prior art of IWASHITA. The applicant argues that the no person skilled in the art would associate a flat circumferential ring with a shoulder to that the examiner replies that the shoulder area is considered to be the area below the ring as annotated above. The annotated area as annotated “shoulder” satisfy the definition of shoulder as disclosed in claim 1 wherein claim 1 recites “ a shoulder region adjoining the main body in the longitudinal direction, in which a cross-section in the longitudinal direction is reduced and with a mouth region which adjoins the shoulder region in the longitudinal direction, in which a mouth is formed”.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SANJIDUL ISLAM whose telephone number is (571)272-7670. The examiner can normally be reached Monday-Friday 8:30 -5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E. Aviles can be reached at 571-270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SANJIDUL ISLAM/Examiner, Art Unit 3736
/ORLANDO E AVILES/Supervisory Patent Examiner, Art Unit 3736
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