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 .
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) 1-13 and 16-20 is/are rejected under 35 U.S.C. 102(A)(1) as being anticipated by Kristrnsson (5,820,023).
Regarding claim 1, Kristrnsson shows a drinking straw (1) for a package being filled with a pourable food product; the drinking straw being configured to be at least partially inserted into a package main body of the package (col 2, lines 65-67); the drinking straw comprises: - a tubular main body (2) including a coupling portion (only the section of 4 that touches the sleeve 5 when connected) extending along a central axis (fig 1), the tubular main body having an outer diameter (the outer diameter of section 4) and oppositely located first and second ends (fig 1, the first end is the top and the second end is the end by 4); and - a sleeve (3) fitted on and surrounding at least the coupling portion (fig 3) of the tubular main body so that the second end of the tubular main body is surrounded by the sleeve (fig 3); wherein the sleeve possesses an outer surface (fig 2) and comprises an abutment portion (5) configured to abut onto an inner surface of the package main body after a partial insertion of the drinking straw into the package main body and during a movement of the drinking straw out of the package main body for impeding and/or hindering and/or blocking a removal and a separation of the drinking straw out of and from the package main body (the abutment portion 5 is capable of performing this function); wherein the abutment portion is a frustoconical shaped abutment portion (fig 2) that terminates at an abutment profile at a free end of sleeve (fig 2), the abutment profile of the frustoconical-shaped abutment portion surrounding a part of the coupling portion of the tubular main body (fig 3), the outer surface of the abutment profile of the frustoconical-shaped abutment portion being positioned radially outwardly of the outer surface of an immediately adjacent portion of the tubular main body (fig 3, the abutment portion has a diameter greater than the outer diameter of section 4) that extends along the central axis and that is immediately adjacent the part of the coupling portion of the tubular main body (fig 3) so that the abutment profile after being positioned in the package main body abuts the inner surface of the package main body during the movement of the drinking straw out of the package main body, the immediately adjacent portion of the tubular main body being between the part of the coupling portion of the tubular main body and the first end of the tubular main body (fig 3).
Regarding claim 2, wherein the sleeve comprises an end portion (6) having an inlet opening (inlet to 6) configured to allow for the introduction of the pourable food product into the drinking straw.
Regarding claim 3, wherein the tubular main body comprises the first end of the tubular main body (top of 2) has an outlet opening (fig 1) configured to allow for the outflow of the pourable food product from the drinking straw (the outlet of 2 can perform this function); wherein the second end of the tubular main body is interposed between the frustoconical shaped abutment portion and the inlet opening (fig 3).
Regarding claim 4, wherein the coupling portion is spaced apart from the inlet opening (fig 2, 3).
Regarding claim 5, wherein the sleeve comprises an engagement portion (the portion that is friction fit to 4) fitted to and surrounding the coupling portion (4).
Regarding claim 6, wherein the abutment portion is connected to the engagement portion (fig 3); wherein the abutment portion tapers from the abutment profile towards the engagement portion (fig 2).
Regarding claim 7, wherein the sleeve comprises an end portion having an inlet opening (6) configured to allow for the introduction of the pourable food product into the drinking straw; wherein the engagement portion is interposed between the abutment portion and the end portion (fig 2).
Regarding claim 8, wherein the end portion extends from the engagement portion and is not in contact and/or is not fitted onto the coupling portion (fig 2, 3).
Regarding claim 9, wherein the engagement portion (26) has an external transversal extension being smaller than an external cross-sectional extension of the abutment portion (fig 2).
Regarding claim 10, wherein a wall thickness of the engagement portion is substantially equal to a wall thickness of the abutment portion (fig 2).
Regarding claim 11, ss to the recited process of “the abutment portion is obtained from an insertion of a coning tool having a heated cone-shaped portion into a tubular precursor; wherein the cone-shaped portion is configured to form and define the abutment portion”, such is a product by process recitation. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or an obvious variant from a product in the prior art, the claim is unpatentable even though the prior product was made by a different process (see MPEP 2113).
Regarding claim 16, Kristrnsson shows a drinking straw for a package being filled with a pourable food product; the drinking straw being configured to be at least partially inserted into a package main body of the package; the drinking straw comprising: a tubular main body (2) including a coupling portion (the portion of 4 that touches 5 when put together) extending along a central axis, the tubular main body having an outer peripheral surface (outer surface of 4); a sleeve (3) fitted on and surrounding at least the coupling portion of the tubular main body (fig 3); the sleeve comprising a frustoconical-shaped abutment portion (5) configured to abut onto an inner surface of the package main body after a partial insertion of the drinking straw into the package main body and during movement of the drinking straw out of the package main body for impeding and/or hindering and/or blocking a removal and a separation of the drinking straw out of and from the package main body (the straw of Kristrnsson can perform this function); and the sleeve also comprising an engagement portion (the inner surface of 3 that touches the outer surface of 4 when connected) that extends away from the frustoconical-shaped abutment portion, the engagement portion being non-removably fitted onto a part of the coupling portion of the tubular main body (fig 3).
The examiner notes that the specification defines non removably to be connected by mechanical friction on page 12, line 12. Kristrnsson also teaches that the two portions are joined by friction (col 3, lines 5-6) The examiner notes that the two portions of Kristrnsson are connected by friction in the same non-removable way as the two portions of the present invention are connected by friction.
Regarding claim 17, wherein the sleeve includes oppositely disposed first and second ends (fig 2), the frustoconical-shaped abutment portion tapering in a narrowing manner from the first end of the sleeve toward the engagement portion of the sleeve (fig 2).
Regarding claim 18, wherein the frustoconical- shaped abutment portion of the sleeve includes an abutment profile configured to abut onto the inner surface of package main body, the abutment profile being an end surface of the sleeve located at a first end of the sleeve (fig 2), the frustoconical-shaped abutment portion tapering in a narrowing manner from the abutment profile toward a second end of the sleeve that is located opposite the first end of the sleeve (fig 2).
Regarding claim 19, wherein the frustoconical- shaped abutment portion of the sleeve includes an abutment profile configured to abut onto the inner surface of package main body, the abutment profile being an end surface of the sleeve located at a first end of the sleeve (fig 2), the frustoconical-shaped abutment portion tapering in a narrowing manner from the abutment profile to an interface section of the sleeve (fig 2), the frustoconical-shaped abutment portion having an inner surface, at least a part of the inner surface of the frustoconical-shaped abutment portion between the abutment profile and the interface section facing towards and being spaced from the outer peripheral surface of the tubular main body (fig 3).
Regarding claim 20, wherein the engagement portion of the sleeve is non-removably fitted onto a part of the coupling portion of the tubular main body by: mechanical friction (col 3,lines 5-6)
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) 12-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bettle, Jr. et al. (5,201,459) in view of Kristrnsson (5,820,023)
Regarding claim 12, Bettle, Jr. et al shows a package main body (10) filled with a pourable food product (inherent to a package for use with a straw) and a drinking straw (22),
But fails to disclose the drinking straw is that of claim 1.
However, , Kristrnsson shows a drinking straw (1) for a package being filled with a pourable food product; the drinking straw being configured to be at least partially inserted into a package main body of the package (col 2, lines 65-67); the drinking straw comprises: - a tubular main body (2) including a coupling portion (4) extending along a central axis (fig 1); and - a sleeve (3) fitted on and surrounding at least the coupling portion (fig 3) of the tubular main body; wherein the sleeve comprises an abutment portion (5) configured to abut onto an inner surface of the package main body after a partial insertion of the drinking straw into the package main body and during a movement of the drinking straw out of the package main body for impeding and/or hindering and/or blocking a removal and a separation of the drinking straw out of and from the package main body (the abutment portion 5 is capable of performing this function); wherein the abutment portion has a frustoconical shape (fig 2).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively field to use the straw of Kristrnsson with the package of Bettle, Jr. et al, instead of straw 22, in order to have a straw that is provided in two pieces for packaging and can be made int one piece for use, allowing for a smaller package when packaged together ( Kristrnsson teaches this)
Regarding claim 13, wherein the package main body comprises a main opening (14, Bettle) allowing for the introduction of the drinking straw into the package main body; wherein the abutment portion is configured to abut against a section of the inner surface positioned at a rim delimiting the main opening (since 5 is of a larger diameter than the straw, it can perform the above functional limitation).
Regarding claim 14, wherein a maximum cross-sectional extension of the abutment portion is larger than a maximum transversal extension of the main opening (since the main opening is in Bettle is the size of the straw, and element 5 of Kristrnsson has a diameter larger than the straw, then a maximum cross-sectional extension of the abutment portion is larger than a maximum transversal extension of the main opening).
Regarding claim 15, wherein the package main body comprises a pierceable separation membrane (fig 2, Bettle) covering the main opening; wherein the sleeve comprises an end portion (6) having an inlet opening (fig 2) configured to allow for the introduction of the pourable food product into the drinking straw and being configured to pierce the separation membrane during an insertion of the drinking straw into the package main body (fig 2, Bettle).
Claims 16-20 are also rejected under 35 U.S.C. 103 below incase the applicant disagrees with the above 102 rejection.
Claim(s) 16-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kristrnsson (5,820,023) in view of Wallace (2009/0256000)
Regarding claim 16, Kristrnsson shows a drinking straw for a package being filled with a pourable food product; the drinking straw being configured to be at least partially inserted into a package main body of the package; the drinking straw comprising: a tubular main body (2) including a coupling portion (the portion of 4 that touches 5 when put together) extending along a central axis, the tubular main body having an outer peripheral surface (outer surface of 4); a sleeve (3) fitted on and surrounding at least the coupling portion of the tubular main body (fig 3); the sleeve comprising a frustoconical-shaped abutment portion (5) configured to abut onto an inner surface of the package main body after a partial insertion of the drinking straw into the package main body and during movement of the drinking straw out of the package main body for impeding and/or hindering and/or blocking a removal and a separation of the drinking straw out of and from the package main body (the straw of Kristrnsson can perform this function); and the sleeve also comprising an engagement portion (the inner surface of 3 that touches the outer surface of 4 when connected) that extends away from the frustoconical-shaped abutment portion.it is noted that Kristrnsson does not teach that the straw portions need to be removable in any way.
But fails to disclose that the engagement portion being non-removably fitted onto a part of the coupling portion of the tubular main body.
Wallace teaches a sleeve on a straw that is non-removably fitted to the straw by friction, adhesive or welding [0029].
Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively field to use adhesive or welding to attach the sleeve 3 to straw 2 in order to have a stronger bond between the two parts.
Regarding claim 17, wherein the sleeve includes oppositely disposed first and second ends (fig 2), the frustoconical-shaped abutment portion tapering in a narrowing manner from the first end of the sleeve toward the engagement portion of the sleeve (fig 2).
Regarding claim 18, wherein the frustoconical- shaped abutment portion of the sleeve includes an abutment profile configured to abut onto the inner surface of package main body, the abutment profile being an end surface of the sleeve located at a first end of the sleeve (fig 2), the frustoconical-shaped abutment portion tapering in a narrowing manner from the abutment profile toward a second end of the sleeve that is located opposite the first end of the sleeve (fig 2).
Regarding claim 19, wherein the frustoconical- shaped abutment portion of the sleeve includes an abutment profile configured to abut onto the inner surface of package main body, the abutment profile being an end surface of the sleeve located at a first end of the sleeve (fig 2), the frustoconical-shaped abutment portion tapering in a narrowing manner from the abutment profile to an interface section of the sleeve (fig 2), the frustoconical-shaped abutment portion having an inner surface, at least a part of the inner surface of the frustoconical-shaped abutment portion between the abutment profile and the interface section facing towards and being spaced from the outer peripheral surface of the tubular main body (fig 3).
Regarding claim 20, wherein the engagement portion of the sleeve is non-removably fitted onto a part of the coupling portion of the tubular main body by: mechanical friction, gluing or welding ([0029) Wallace).
Response to Arguments
Applicant's arguments filed 1/12/2026 have been fully considered but they are not persuasive.
Regarding the applicants remarks concerning claim 1, the examiner notes that the outer surface of the tubular main body is being considered the outer surface of section 4. The outer surface of section 4 is immediately adjacent to the abutment portion5 so that the abutment portion is radially outward from the outer surface of 4 (fig 3). With this interpretation, all limitations of claim 1 are met by Kristrnsson. See the above modified rejection for details.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON J BOECKMANN whose telephone number is (571)272-2708. The examiner can normally be reached M-F 9am to 5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arthur Hall can be reached at (571) 270-1814. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JASON J BOECKMANN/Primary Examiner, Art Unit 3752 1/26/2026