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
The amendment filed 02/17/2026 (hereafter “the amendment”) has been accepted and entered.
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 “first interaction members connected to the closure and second interaction members connected to the cutter” and “a connection element, in particular a tethering element” 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.
Claims 1-5,9-10 and 14-15 are 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 the limitation " wherein the actuation device comprises first interaction members connected to the closure and second interaction members connected to the cutter " in lines 21-22 is unclear how the actuation device comprises first interaction member that is connected to the closure and the second member connected to cutter because looking at figure 1 of applicant actuation device 25 is part of the entirety of the cutter so how can it have a interaction member that is connected to the closure? Applicant’s drawings filed does not disclose the subject matter either so support this limitation. Figure 1 of applicant does show element 46 that is the second interaction member but nothing regarding how/what its connected to and the specification does not offer a clear solution either. Looking at fig.1 of applicant, it appears that the actuation device 25 have a second interaction members that are on the cutter with a cavity on its side and the closure will have the first interaction members that go in the cavity and make contact with the second interaction member to actuate the movement. For purpose of examination, the limitation will be interpreted as “wherein the actuation device comprises second interaction members that project outwards from a inner surface of the cutter with a recess on one side and closure having first interaction members connected thereof”. Claims 2-5,9-10 and 14-15, which depend from claim 1, are similarly rejected.
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) 1-5,9-10 and 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ott (US20120181281A1) and further in view of Linguiti (US20230365311A1).
Regarding claim 1, as best understood based on 112 issues identified above, Ott teaches an opening device for a package, in particular a composite package, having a designated pour opening covered with a separation membrane and filled with a pourable product (annotated fig.1 of Ott below shows the opening device for a package having a opening that is covered with a separation membrane and filled with a pourable product “he guaranteed first opening of such a closure is mostly ensured by installing a safety seal at the lower end of the cap over a number of pre-determined breaking points, whereby the safety seal then bounces over a bulge at the pouring nozzle during the first mounting.”-0007);
the opening device comprises at least:
a collar delimiting a flow channel extending between an inlet opening of the collar configured to allow for the inlet of the pourable product into the flow channel and a pouring outlet of the collar configured to allow for an outflow of the pourable product from the flow channel (see annotated fig.1 below for the collar 3 with a flow channel extending between an inlet opening of the collar capable of allowing pourable product into flow channel and a pouring outlet capable of allowing for an outflow of the product); and
a cutter configured to break the separation membrane and being at least partially arranged within the flow channel (fig.1 shows the cutter 2 capable of breaking the membrane and being at least partially arranged within the flow channel);
wherein the collar comprises an inner surface facing the flow channel (see annotated fig.1 below for collar with a inner surface facing the flow channel);
wherein the opening device further comprises:
a base frame configured to be fitted and/or being fitted on the main body and about the designated pour opening and carrying collar; and a closure configured to selectively open and close the pouring outlet (see annotated fig.1 below that shows the base frame that is capable of being fitted on the main body about a pouring opening and carrying collar and the closure 1 configured to selectively open or closing the pouring outlet)
wherein the cutter is arrangeable in a rest position in which the cutter is detached from the separation membrane and an active position in which the cutter is configured to break the separation membrane (fig.3 shows the cutter 2 can have a rest position and active position where its capable of breaking the separation membrane; it is noted that separation members or the breaking of the separation membrane is not positively claimed)
wherein the opening device further comprises an actuation device configured to actuate movement of the cutter from the rest position to the active position (fig.1 below shows the actuation capable of actuate the movement of cutter 2 from rest to active position; actuation device is mapped similar to applicant fig.2 element 25).
wherein the actuation device comprises second interaction members that project outwards from a inner surface of the cutter with a recess on one side and closure having first interaction members connected thereof (fig.1 below shows the actuation device with the second interaction members that project outwards from an inner surface of the cutter with a recess on one side and closure having first interaction members 27 as seen in fig.3 that interact with the second members as labeled in fig.1 below);
wherein a rotation of the first interaction members about a central axis of the collar may be actuated for moving the cutter from the rest position to the active position (fig.3 shows the interaction member 27 that interact with the second members and with a rotation of the first members about central axis of the collar it may actuate the movement of the cutter from rest to active position);
wherein the opening device further comprises a retaining device configured to block movement of the cutter out of the flow channel and through the pouring outlet (fig.1 below for the retaining device that is capable of blocking movement of the cutter 2 out of the flow channel);
wherein the retaining device comprises a retaining element protruding from the inner surface of the collar and an interaction element connected to the cutter; wherein the retaining element and the interaction element are configured to interact with one another so as to block movement of the cutter out of the flow channel and through the pouring outlet (fig.1 for the retaining element 18 and 19 that protrude from the inner surface of the collar that interact with the ridges 15-17 that are capable of interact with each other to prevent movement)
wherein the retaining element comprises and/or is a continuous ring or is arc-shaped (see annotated fig.1 below for the ridge 19 being a continuous ring; it’s noted that applicant does not specify if its ring is continuous around the entire inner surface of the collar or not). Ott does not teach wherein the opening device also comprises: a coupling ring rotatably arranged around the collar, in particular such that the coupling ring is inseparable from the collar; and a connection element, in particular a tethering element, connected to, in particular non-rupturably connected to, the coupling ring and the closure.
Linguiti does teach wherein the opening device also comprises: a coupling ring rotatably arranged around the collar, in particular such that the coupling ring is inseparable from the collar (fig.3 shows the opening device 7 with tamper-evidence ring 12 that foes around the collar 14 as seen in fig.2 and is inseparable from the collar as it has breakable bridges that break once turned); and a connection element, in particular a tethering element, connected to, in particular non-rupturably connected to, the coupling ring and the closure (fig.3 shows the ring member 9 that remains tether to the lid 8 and the ring 12). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the opening device disclosed by Ott by adding the teaching of tamper-evidence ring and the ring member that remains tethered as disclosed by Linguiti in order to have a closure that hinges so the user does not have to place it somewhere after taking it off and it also offeres tamper evident properties due to its breakable bridges. “Thereby, connecting elements 10 guarantee that lid 8 and ring member 9 remain connected (tethered) to one another. Additionally, this means that lid 8 remains coupled to collar 14 by means of ring member 9. Furthermore, tamper evidence ring 12 is detached from ring member 9 and allows for a tamper evidence.” (0119, Linguiti).
Annotated fig.1 of Ott
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Regarding claim 2, the references as applied to claim 1 above discloses all the limitations substantially claimed. Ott as modified in claim 1 above further teaches wherein the interaction element and the retaining element are configured to interact with one another with the cutter being positioned in and/or moved to a limit axial position with respect to the central axis (see annotated fig.1 above wherein the elements 18 and 19 and the ridges 15-17 are capable of interact with one another with the cutter being positioned in).
Regarding claim 3, the references as applied to claim 1 above discloses all the limitations substantially claimed. Ott as modified in claim 1 above further teaches wherein the retaining element comprises an abutment surface facing the inlet opening and the interaction element has an engagement surface; wherein the engagement surface is configured to abut against the abutment surface so as to block the movement of the cutter out of the flow channel and through the pouring outlet (fig.1 shows elements 18 and 19 have a abutment surface i.e. the thickness at which they protrude outward towards the inlet opening and the ridges 15-17 have an engagement surface i.e. the recess that are capable of abutting against each other to block the movement of the cutter out of the channel).
Regarding claim 4, the references as applied to claim 1 above discloses all the limitations substantially claimed. Ott as modified in claim 1 above further teaches wherein the cutter comprises a main body carrying a cutting section of the cutter and having a cross-section with an annular shape; wherein the interaction element protrudes from an outer surface of the main portion facing the inner surface of the collar (see annotated fig.2 below of Ott with a cutter 2 having a main body carrying a cutting section with an annular shape and the ridges protrudes from the main portion facing the inner surface of the collar ).
Annotated fig.2 of Ott
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Regarding claim 5, the references as applied to claim 1 above discloses all the limitations substantially claimed. Ott as modified in claim 1 above further teaches wherein the retaining element is integrally connected to the collar and/or the interaction element is integrally connected to the cutter (see annotated fig.1 above for the retaining element being integrally connected to collar).
Regarding claim 9, the references as applied to claim 1 above discloses all the limitations substantially claimed. Ott as modified in claim 1 above further teaches wherein the retaining element comprises a transition surface facing the pouring outlet and being configured to allow for insertion of the cutter into the flow channel during assembly of the opening device (see annotated fig.2 above for the transition surface facing the pouring outlet and being configured to allow the insertion of the cutter).
Regarding claim 10,the references as applied to claim 1 above discloses all the limitations substantially claimed. Ott as modified in claim 1 above further teaches wherein the interaction element is interposed between the retaining element and the inlet opening and/or the retaining element is interposed between the pouring outlet and the interaction element (fig.1 above shows the ridges 15-19 are interposed between the elements 18-19 and the inlet opening).
Regarding claim 14, the references as applied to claim 1 above discloses all the limitations substantially claimed. Ott as modified in claim 1 above further teaches opening device fitted about the designated pour opening (“This invention relates to a flat self-opening closure for combipacks as well as for containers and bottle nozzles of all kinds that are to be sealed with sheeting. This especially includes the liquid packings in the form of such combipacks that are made up of foil-laminated paper, in which liquids like milk, fruit juices, other non-alcoholic drinks or also general liquids of the non-food variety are packed.”-0003, Ott; “The common self-opening closure comprises of a pouring nozzle, which can be mounted tightly on a combipack or on a container- or a bottle nozzle, which is to be sealed by a foil, a related rotating cap and a self-opening tube arranged within the pouring nozzle, which can be set in motion by the rotating cap.”-0006, Ott); a main body filled with a pourable product and having a designated pour opening covered with a separation membrane (the packaging having a main body filled with a pourable product and having a separation membrane i.e. seal)
Regarding claim 15, the references as applied to claim 14 above discloses all the limitations substantially claimed. Ott as modified in claim 14 above further teaches wherein the main body is formed from a multilayer packaging material (“This especially includes the liquid packings in the form of such combipacks that are made up of foil-laminated paper, in which liquids like milk, fruit juices, other non-alcoholic drinks or also general liquids of the non-food variety are packed.”-0003, Ott).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Applicant did not make any other arguments regarding other claims.
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.
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/PRINCE PAL/Examiner, Art Unit 3735