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 .
Response to Amendment
Applicant's request for reconsideration of the finality of the rejection of the last Office action is persuasive and, therefore, the finality of that action is withdrawn.
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.
Claim(s) 1-5, 9-12, and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Filippini et al. (ES 2990984 T3; hereinafter Filippini).
Regarding claims 1-5, 9-12, and 14, Filippini discloses a cap-spout assembly for a container comprising at least a packaging material sheet base (2) comprising a packaging material having a designated opening (at the top; see Fig. 1A-B); and an opening device (3) applied on the packaging material sheet base and about the designated opening and designed to seal the designated opening and being controllable in an open position so as to free at least a portion of the designated opening; wherein the packaging material sheet base comprises at least a first face and a second face (i.e. inner and outer surfaces of the container) opposite to the first face; wherein the second face is designed to define an inner surface of the composite package to be formed from the composite packaging material sheet; wherein the packaging material sheet base comprises a plurality of crease lines delimiting a plurality of panels (4-6); wherein the opening device comprises a base frame (24/25) for coupling the opening device to the packaging material sheet base and about the designated opening; wherein the base frame comprises at least a first flange (25) connected to the second face and having a rectilinear peripheral portion (34; Examiner considers element 34 to present a rectilinear portion); wherein the rectilinear peripheral portion is adjacent and parallel to one respective crease line defining a reference crease line (e.g. crease line between the top and a side wall; see Figures 1A-B); wherein the first flange is molded onto the second face (Page 7 lines 55-65); and wherein the designated opening is confined to only the top panel (see Figures 1A-B). Filippini lacks disclosure of the packaging material being multi-layered; and said opening being located on just a single panel at a distance equal to or less than 2.0mm from a fold line of said panel.
Martini teaches a method of injection molding opening devices on multi-layered sheet material for packaging pourable food products wherein an opening device first flange is molded onto a face of the multilayered sheet material (see Par. 0027-0029 and 0049-0052). It would have been obvious to one of ordinary skill in the art at the time of Applicant’s filing to modify Molin’s packaging to have the opening device molded onto a multi-layered sheet material in order to form a hermetically sealed container with a pourable opening device (Martini; 0015-0018). Examiner notes that it would have been obvious to have the opening spaced a distance of 2.0mm or less from a fold line between the top panel and side panel 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. In re Rose, 105 USPQ 237 (CCPA 1955).
Response to Arguments
Applicant’s arguments, see Pages 6-10, filed 02/12/2026, with respect to the rejection(s) of claim(s) 1-5, 9-12, and 15 under USC 103(a)—Molin in view of Martini have been fully considered and are persuasive. The combination fails to teach a spout molded only to a top surface of the carton. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of USC 103(a)--Filippini.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER R DEMEREE whose telephone number is (571)270-1982. The examiner can normally be reached 9:00 am - 5:00 pm, Monday through Friday.
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/CHRISTOPHER R DEMEREE/Primary Examiner, Art Unit 3734