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.
Claims 1, 3-10 and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Verma (US 2013/0248541 A1).
Regarding claim 1, Verma teaches an expander device for keeping a pouch opening of a pouch open, the expander device comprising:
a ring member (22) by which a central opening is at least partially surrounded, wherein the ring member comprises at least one flap (16, 18) being convertible between an expanded position (Fig. 2, 6), in which the at least one flap extends vertically upward from the ring member on one side of the central opening to keep clear of the central opening for allowing to bring the ring member into alignment with a circumferential rim section of the pouch opening, and a collapsed position (Fig. 3, 7), in which the at least one flap extends from the ring member at least partially into or through the central opening so that a fitment section of the at least one flap faces laterally outside with respect to the central opening so as to be fitted against an inner side surface of the circumferential rim section to keep the pouch opening open, wherein the at least one flap is provided on an upper edge section of the ring member (FIG. 1, 2), and wherein the at least one flap is integrally formed with the ring member (FIG. 4D) (paragraphs 43-52, 55-56 and Fig. 1-10, 13A-14B).
Regarding claim 3, Verma teaches the expander device of claim 1 above, wherein the at least one flap has a length in an extension direction being equal to or larger than a height or thickness of the ring member or a height of the central opening (Fig. 2, 3, 7, 13A, 14A).
Regarding claim 4, Verma teaches the expander device of claim 1 above, wherein the at least one flap comprises a plurality of flaps (13A).
Regarding claim 5, Verma teaches the expander device of claim 1 above, wherein at least one of the at least one flap (16) comprises a levelling section provided at a distal edge of the at least one flap with respect to the ring member, wherein, in the collapsed position, the levelling section bulges towards the central opening or is laterally offset from the fitment section towards the central opening (Fig. 3-distal inner edge of 16 closest to the central opening and surface of 16 facing the central opening are laterally offset from surface of 16 defining the fitment section).
Regarding claim 6, Verma teaches the expander device of claim 1 above, wherein the ring member comprises a circumferential attachment section (22) at least partially surrounding the central opening for fitting the expander device at the circumferential rim section of the pouch opening or at a container opening of a storage container for receiving the pouch, wherein the circumferential attachment section faces laterally outside and inside with respect to the central opening (Fig. 2-outer surface faces outside, inner surface faces inside).
Regarding claim 7, Verma teaches the expander device of claim 6 above, wherein an outer circumferential surface of the ring member forms the circumferential attachment section, and an inner circumferential surface of the ring member forms the circumferential attachment section (Fig. 2, 3, 6, 7, 10, 13A, 14A).
Regarding claim 8, Verma teaches the expander device of claim 1 above, wherein the expander device has a shape selected from the group consisting of round, circular, oval, square, and rectangular (Fig. 2, 3, 4A, 6-10).
Regarding claim 9, Verma teaches the expander device of claim 1 above, wherein the ring member comprises a circumferential device rim section (24) protruding laterally away from and towards the central opening (paragraphs 45, 46, 48 and Fig. 3, 4D).
Regarding claim 10, Verma teaches the expander device of claim 1 above, wherein the ring member comprises a circumferential first rim section (top edge of 22), wherein the at least one flap extends from the circumferential first rim section (Fig. 2), and an integral second rim section (bottom edge of 22) being provided opposite to the circumferential first rim section with respect to the central opening for fitting the expander device at the circumferential rim section of the pouch opening or at a container opening of a storage container for receiving the pouch (Fig. 2, 6).
Regarding claim 12, Verma teaches a package system comprising:
a pouch (52) carrying a food product; and
an expander device for keeping a pouch opening of the pouch open, the expander device comprising a ring member (22) by which a central opening is at least partially surrounded, wherein the ring member comprises at least one flap (16, 18) being convertible between an expanded position (Fig. 2, 6), in which the at least one flap extends vertically upward from the ring member on one side of the central opening to keep clear of the central opening for allowing to bring the ring member into alignment with a circumferential rim section of the pouch opening, and a collapsed position (Fig. 3, 7), in which the at least one flap extends from the ring member at least partially into or through the central opening so that a fitment section of the at least one flap faces laterally outside with respect to the central opening so as to be fitted against an inner side surface of the circumferential rim section to keep the pouch opening open,
wherein the at least one flap is configured to be inserted into the pouch opening of the pouch when being converted from the expanded position to the collapsed position to keep the pouch opening open by fitment of the fitment section against the inner side surface of the circumferential rim section of the pouch opening (Fig. 6, 7), wherein the at least one flap is provided on an upper edge section of the ring member (FIG. 1, 2), and wherein the at least one flap is integrally formed with the ring member (FIG. 4D) (paragraphs 43-52, 55-56 and Fig. 1-10, 13A-14B).
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.
Claims 11 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Verma, as applied to claims 1 and 12 above, in view of Hayashi (JP 2004-315036 A).
Regarding claim 11, Verma teaches the expander device of claim 1 above, but fails to teach a lid for closing the central opening at least in the collapsed position, wherein: the lid is separately provided, or the lid is integrally formed with the expander device or the ring member.
Hayashi teaches an analogous expander device comprising a ring member (50) convertible between an expanded position (Fig. 4) and a collapsed position (Fig. 4). Hayashi further teaches that it is known and desirable in the prior art to configure the expander device for use with a container and lid, wherein the lid is for closing a central opening at least in the collapsed position and wherein the lid is integrally formed with the expander device or the ring member, so that the pouch is configured to be refillable, sealable and structured (Translation and Fig. 1-6).
Accordingly, one having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify Verma by configuring the expander device with a lid and to be usable with a container, wherein the lid is configured to close the central opening at least in the collapsed position and wherein the lid is integrally formed with the expander device or ring member, as taught by Hayashi, so that the pouch is configured to be refillable, sealable and structured.
Regarding claim 13, Verma teaches the package system of claim 12 above, but fails to teach a storage container having a container opening for receiving the pouch and the expander device, wherein the expander device is configured to press the circumferential rim section of the pouch opening towards or against a circumferential inner wall section of the storage container.
Hayashi teaches an analogous package system comprising a pouch (100) and an expander device comprising a ring member (50) convertible between an expanded position (Fig. 4) and a collapsed position (Fig. 4). Hayashi further teaches that it is known and desirable in the prior art to additionally provide the package system with a storage container (200) having a container opening for receiving the pouch and the expander device, wherein the expander device is configured to press the circumferential rim section of the pouch opening towards or against a circumferential inner wall section of the storage container (Fig. 4, 6) so that the package system is configured to be refillable, sealable and structured (Translation and Fig. 1-6).
Accordingly, one having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify Verma by providing the package system with a storage container having a container opening for receiving the pouch and the expander device, wherein the expander device is configured to press the circumferential rim section of the pouch opening towards or against a circumferential inner wall section of the storage container, as taught by Hayashi, so that the package system is configured to be refillable, sealable and structured.
Response to Arguments
Applicant’s arguments 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NINA KAY ATTEL whose telephone number is (571)270-3972. The examiner can normally be reached Monday-Friday 7AM-4PM EST.
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/NINA K ATTEL/Examiner, Art Unit 3734
/NATHAN J NEWHOUSE/Supervisory Patent Examiner, Art Unit 3734