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 .
This Office Action is in response to the Amendment / Request for Reconsideration - After Non-Final Rejection filed on September 9, 2025 wherein: claim(s) 1-2, 12-13 were amended, and claim(s) 16-20 are new. Examiner notes amendments / new claims are directed to overcome rejections under 35 USC § 112 / 35 USC § 103 as well as their objections. Therefore, claim(s) 1-20 are pending and will be examined.
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(s) 17, 20 is/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 17, recites --outer surface of the sealing portion-- [lines 1-2] wherein --sealing portion-- lacks antecedent basis in the claim. For purposes of examination --sealing portion-- will be interpreted as --sealing ring-- [claim 16, line 21] positively recited thereto.
Claim 20, recites --outer surface of the sealing portion-- [lines 1-2] wherein --sealing portion-- lacks antecedent basis in the claim. For purposes of examination --sealing portion-- will be interpreted as --sealing ring-- [claim 18, line 21] positively recited thereto.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Corazza et al. (E. P. O. Patent Application Publication EP3456521A1) hereinafter CORAZZA, in view of Thivet et al. (E. P. O. Patent Application Publication EP2368807A1) hereinafter THIVET.
Regarding claim 1, CORAZZA teaches (see FIG 1 - FIG 6 below) an opening device 1 for a package 10 of a packaging material C2-02 having a designated pour opening C4-01 and being filled with a pourable product (page 4, para. [0038], lines 1-3, “... pourable...”); the opening device 1 comprises:
- a base frame C2-01 configured to couple the opening device 1 on the packaging material C2-02 and about the designated pour opening C4-01;
- a collar 9 integrally connected to and extending from the base frame C2-01, delimiting a flow channel C2-03 for the pourable product (page 4, para. [0038], lines 1-3, “... pourable...”), and having an inlet C2-04 and a pouring outlet C3-01; and
- a closing element 19 arranged and/or being arrangeable within the flow channel C2-03 and being configured to cover and/or close the designated pour opening C4-01;
wherein the closing element 19 is detachably fixed to an initial contact portion 15 of the collar 9;
wherein the collar 9 comprises:
- a main portion C2-05 comprising the pouring outlet C3-01 and extending from the initial contact portion 15 to the pouring outlet C3-01; and
- a sealing ring C2-06 comprising the inlet C2-04 and extending from the initial contact portion 15 to the inlet C2-04;
wherein the sealing ring C2-06 comprises a first inner surface C2-07 facing the flow channel C2-03 and an outer surface C2-08 opposite to the first inner surface C2-07;
wherein the base frame C2-01 comprises a first contact surface C2-09 configured to contact the packaging material C2-02 from a first face C2-10 and a second contact surface C2-11 configured to contact the packaging material C2-02 from a second face C2-12;
wherein a thickness C2-13 of an annular interface C2-14 interposed between the base frame C2-01 and the collar 9 is larger than a distance C2-15 between the first contact surface C2-09 and the second contact surface C2-11.
CORAZZA fails to teach sealing ring C2-06 wherein the base frame C2-01 comprises a second inner surface facing the outer surface C2-08.
CORAZZA fails to teach sealing ring C2-06 wherein the initial contact portion 15 is interposed between the first contact surface C2-09 and the pouring outlet C3-01.
However, THIVET teaches (see Fig. 1 - Fig. 3, Fig. 5, Fig. 9 - Fig. 10 below) an assembly 1 comprising a sealing ring T10-03, wherein the base frame 5 comprises a second inner surface T10-01 facing the outer surface T10-02 for sealing purposes (page 4, lines 32-35, “… resiliently deformable peripheral sealing lip…”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified sealing ring C2-06 in the opening device 1 of CORAZZA with sealing ring T10-03 as taught in the assembly 1 of THIVET for sealing purposes.
Moreover, 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 form of initial contact portion 15 [to be interposed between the first contact surface C2-09 and the pouring outlet C3-01 ] in the sealing ring C2-06 of CORAZZA and THIVET to meet assembly requirements. Furthermore, a change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ47.
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Regarding claim 2, CORAZZA and THIVET (as applied to claim 1 above) teaches all the limitations of the claim. CORAZZA fails to teach (see FIG 1 - FIG 6 above) opening device 1, wherein the thickness C2-13 is at least 1,2 times larger than the distance C2-15 between the first contact surface C2-09 and the second contact surface C2-11.
However, it would have been a matter of design choice to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified thickness C2-13 [to be of value at least 1,2 times larger than distance C2-15] in the opening device 1 of CORAZZA and THIVET since it is a result effective variable influencing sealing response. In addition, it has been held that where the general condition of the claim is disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation. MPEP 2144.05 II. ROUTINE OPTIMIZATION
Regarding claim 3, CORAZZA and THIVET (as applied to claim 1 above) teaches all the limitations of the claim. CORAZZA further teaches (see FIG 1 - FIG 6 above) opening device 1, wherein the first contact surface C2-09 extends within a first plane and the second contact surface C2-11 extends within a second plane, wherein the distance between the first contact surface C2-09 and the second contact surface C2-11 corresponds to the distance C2-15 between the first plane and the second plane.
Regarding claim 4, CORAZZA and THIVET (as applied to claim 1 above) teaches all the limitations of the claim. CORAZZA further teaches (see FIG 1 - FIG 6 above) opening device 1, wherein the collar 9 comprises a further outer surface C2-15 having a curved portion C2-18.
CORAZZA fails to teach thickness C2-13 of the annular interface C2-14 corresponds to a minimum distance between the second inner surface and the curved portion C2-18.
However, THIVET teaches (see Fig. 1 - Fig. 3, Fig. 5, Fig. 9 - Fig. 10 above) thickness T10-04 of the annular interface T10-05 corresponds to a minimum distance between the second inner surface T10-01 and the linear portion T10-06 for sealing purposes (page 4, lines 32-35, “… resiliently deformable peripheral sealing lip…”).
THIVET fails to teach collar 8 comprises a further outer surface 9 having a curved portion.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified collar 9 in the opening device 1 of CORAZZA and THIVET with collar 8 of THIVET for sealing purposes.
Regarding claim 5, CORAZZA and THIVET (as applied to claim 4 above) teaches all the limitations of the claim. CORAZZA fails to teach (see FIG 1 - FIG 6 above) opening device 1, wherein the second inner surface intersects the outer surface C2-08 at a circumferential curve; wherein the thickness C2-13 of the annular interface C2-14 corresponds to a minimum distance between the curved portion C2-18 and the circumferential curve.
However, THIVET teaches (see Fig. 1 - Fig. 3, Fig. 5, Fig. 9 - Fig. 10 above) assembly 1, wherein the second inner surface T10-01 intersects the outer surface T10-02 at a circumferential curve T10-07; wherein the thickness T10-04 of the annular interface T10-05 corresponds to a minimum distance between the linear portion T10-06 and the circumferential curve T10-07 for sealing purposes (page 4, lines 32-35, “… resiliently deformable peripheral sealing lip…”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified collar 9 in the opening device 1 of CORAZZA and THIVET with collar 8 of THIVET for sealing purposes.
Regarding claim 6, CORAZZA and THIVET (as applied to claim 1 above) teaches all the limitations of the claim. CORAZZA further teaches (see FIG 1 - FIG 6 above) opening device 1, wherein the base frame C2-01 comprises a first frame having the first contact surface C2-09 and a second frame having the second contact surface C2-11; wherein the first frame comprises an external surface opposite to the first contact surface C2-09; wherein the first frame comprises a plurality of radially protruding ridge elements.
Regarding claim 7, CORAZZA and THIVET (as applied to claim 1 above) teaches all the limitations of the claim. CORAZZA further teaches (see FIG 1 - FIG 6 above) opening device 1, wherein the second face C2-12 of the packaging material C2-02 is configured to contact the pourable product (page 4, para. [0038], lines 1-3, “... pourable...”) and/or to face an inner space of the package 10.
Regarding claim 8, CORAZZA and THIVET (as applied to claim 1 above) teaches all the limitations of the claim. CORAZZA further teaches (see FIG 1 - FIG 6 above) opening device 1, wherein the sealing ring C2-06 delimits an auxiliary space of the flow channel C2-03, wherein the auxiliary space has a frustoconical shape.
Regarding claim 9, CORAZZA and THIVET (as applied to claim 1 above) teaches all the limitations of the claim. CORAZZA fails to teach (see FIG 1 - FIG 6 above) opening device 1, wherein the sealing ring C2-06 further comprises a curved tip surface connecting the first inner surface C2-07 and the outer surface C2-08 with one another.
However, THIVET teaches (see Fig. 1 - Fig. 3, Fig. 5, Fig. 9 - Fig. 10 above) assembly 1, wherein the sealing ring T10-03 further comprises a curved tip surface T10-09 connecting the first inner surface T10-08 and the outer surface T10-02 with one another for sealing purposes (page 4, lines 32-35, “… resiliently deformable peripheral sealing lip…”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified collar 9 in the opening device 1 of CORAZZA and THIVET with collar 8 of THIVET for sealing purposes.
Regarding claim 10, CORAZZA and THIVET (as applied to claim 1 above) teaches all the limitations of the claim. CORAZZA further teaches (see FIG 1 - FIG 6 above) opening device 1, wherein the sealing ring C2-06 comprises an annular coupling section connecting the sealing ring C2-06 to the annular interface C2-14.
Regarding claim 11, CORAZZA and THIVET (as applied to claim 1 above) teaches all the limitations of the claim. CORAZZA further teaches (see FIG 1 - FIG 6 above) opening device 1, wherein the sealing ring C2-06 is designed to protrude towards and/or into an inner space of the package 10.
Regarding claim 12, CORAZZA and THIVET (as applied to claim 1 above) teaches all the limitations of the claim. CORAZZA fails to teach (see FIG 1 - FIG 6 above) a mold configured to allow for molding the opening device 1 onto a main body of a package 10 for a pourable product (page 4, para. [0038], lines 1-3, “... pourable...”) and/or onto a precursor of a package 10 for a pourable product (page 4, para. [0038], lines 1-3, “... pourable...”).
However, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to mold the opening device 1 of CORAZZA and THIVET onto a main body of a package 10 for a pourable product (page 4, para. [0038], lines 1-3, “... pourable...”) and/or onto a precursor of a package 10 for a pourable product (page 4, para. [0038], lines 1-3, “... pourable...”) since use of a one piece construction instead of the structure disclosed in CORAZZA and THIVET would be merely a matter of obvious engineering choice. MPEP 2144.04 / V. MAKING PORTABLE, INTEGRAL, SEPARABLE, ADJUSTABLE, OR CONTINUOUS / B. Making Integral
Regarding claim 13, CORAZZA and THIVET (as applied to claim 1 above) teaches all the limitations of the claim. CORAZZA further teaches (see FIG 1 - FIG 6 above) a package 10 filled and/or fillable with a pourable product (page 4, para. [0038], lines 1-3, “... pourable...”) and comprising at least one opening device 1.
Regarding claim 14, CORAZZA and THIVET (as applied to claim 13 above) teaches all the limitations of the claim. CORAZZA further teaches (see FIG 1 - FIG 6 above) the package 10, wherein the package 10 comprises a main body having a designated pour opening C4-01 and being formed from a multilayer composite packaging material C2-02, wherein the opening device 1 is coupled onto the packaging material C2-02 of the main body and about the designated pour opening C4-01.
Regarding claim 15, CORAZZA and THIVET (as applied to claim 13 above) teaches all the limitations of the claim. CORAZZA fails to teach (see FIG 1 - FIG 6 above) the package 10, wherein the opening device 1 is molded to a main body of the package 10 and/or onto a precursor of the package 10.
However, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to mold the opening device 1 of CORAZZA and THIVET onto main body of the package 10 and/or onto a precursor of the package 10 since use of a one piece construction instead of the structure disclosed in CORAZZA and THIVET would be merely a matter of obvious engineering choice. MPEP 2144.04 / V. MAKING PORTABLE, INTEGRAL, SEPARABLE, ADJUSTABLE, OR CONTINUOUS / B. Making Integral
Regarding claim 16, CORAZZA teaches (see FIG 1 - FIG 6 above) an opening device 1 for a package 10 of a packaging material C2-02 having a designated pour opening C4-01 and being filled with a pourable product (page 4, para. [0038], lines 1-3, “... pourable...”); the opening device 1 comprises:
a base frame C2-01 configured to couple the opening device 1 on the packaging material C2-02 and about the designated pour opening C4-01;
a collar 9 integrally connected to and extending from the base frame C2-01, the collar 9 having an inner wall 11 delimiting a flow channel C2-03 for the pourable product (page 4, para. [0038], lines 1-3, “... pourable...”), and having an inlet C2-04 and a pouring outlet C3-01; and
a closing element 19 arranged and/or being arrangeable within the flow channel C2-03 and being configured to cover and/or close the designated pour opening C4-01;
wherein the closing element 19 comprises a central main wall C2-17 having a periphery detachably fixed C2-19 to an initial contact portion 15 of the collar 9 so that a first-time movement (page 4, para. [0039], “... detached...”) of the closing element 19 away from the inlet C2-04 detaches the central main wall C2-17 of the closing element 19 from the collar 9, the closing element 19 also comprising a coupling structure C3-02 fixed to the central main wall C2-17 and extending away from the central main wall C2-17 toward the pouring outlet C3-01, the collar 9 encircling the coupling structure C3-02;
the collar 9 comprising:
a main portion C2-05 comprising the pouring outlet C3-01 and extending from the initial contact portion 15 to the pouring outlet C3-01, the main portion C2-05 of the collar 9 encircling the coupling structure C3-02; and
a sealing ring C2-06 comprising the inlet C2-04, extending from the initial contact portion 15 to the inlet C2-04 and configured to help ensure the closing element 19 engages the inner wall 11 of the collar 9 when the closing element 19 is moved towards the inlet C2-04 after the first-time movement (page 4, para. [0039], “... detached...”) of the closing element 19 to thereby close and/or cover the designated pour opening C4-01 and/or to interrupt and/or obstacle the fluidic connection between the pouring outlet C3-01 and the inlet C2-04;
the sealing ring C2-06 comprising a first inner surface C2-07 facing the flow channel C2-03 and an outer surface C2-08 opposite to the first inner surface C2-07;
the base frame C2-01 comprising a first contact surface C2-09 configured to contact the packaging material C2-02 from a first face C2-10 and a second contact surface C2-11 configured to contact the packaging material C2-02 from a second face C2-12;
a thickness C2-13 of an annular interface C2-14 interposed between the base frame C2-01 and the collar 9 being larger than a distance C2-15 between the first contact surface C2-09 and the second contact surface C2-11.
CORAZZA fails to teach the base frame C2-01 comprises a second inner surface facing the outer surface C2-08 of the sealing ring C2-06.
CORAZZA fails to teach the initial contact portion 15 is interposed between the first contact surface C2-09 and the pouring outlet C3-01.
However, THIVET teaches (see Fig. 1 - Fig. 3, Fig. 5, Fig. 9 - Fig. 10 above) an assembly 1 comprising a sealing ring T10-03, wherein the base frame 5 comprises a second inner surface T10-01 facing the outer surface T10-02 for sealing purposes (page 4, lines 32-35, “… resiliently deformable peripheral sealing lip…”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified sealing ring C2-06 in the opening device 1 of CORAZZA with sealing ring T10-03 as taught in the assembly 1 of THIVET for sealing purposes.
Moreover, 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 form of initial contact portion 15 [to be interposed between the first contact surface C2-09 and the pouring outlet C3-01] in the sealing ring C2-06 of CORAZZA and THIVET to meet assembly requirements. Furthermore, a change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ47.
Regarding claim 17, CORAZZA and THIVET (as applied to claim 16 above) teaches all the limitations of the claim. CORAZZA fails to teach (see FIG 1 - FIG 6 above) opening device 1, wherein the outer surface C2-08 of the sealing portion and the second inner surface of the base frame C2-01 that face one another intersect at a circumferential curve.
However, THIVET teaches (see Fig. 1 - Fig. 3, Fig. 5, Fig. 9 - Fig. 10 above) assembly 1, wherein the outer surface T10-02 of the sealing ring T10-03 and the second inner surface T10-01 of the base frame 5 that face one another intersect at a circumferential curve T10-07 for sealing purposes (page 4, lines 32-35, “… resiliently deformable peripheral sealing lip…”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified sealing portion / base frame C2-01 in the opening device 1 of CORAZZA and THIVET with sealing ring T10-03 / base frame 5 of THIVET for sealing purposes.
Regarding claim 18, CORAZZA teaches (see FIG 1 - FIG 6 above) an opening device 1 for a package 10 of a packaging material C2-02 having a designated pour opening C4-01 and being filled with a pourable product (page 4, para. [0038], lines 1-3, “... pourable...”) such that a first face C2-10 of the packaging material C2-02 is an outer face C2-10 that faces away from the pourable product (page 4, para. [0038], lines 1-3, “... pourable...”) and a second face C2-12 of the packaging material C2-02 is an inner face C2-12 that faces toward the pourable product (page 4, para. [0038], lines 1-3, “... pourable...”);
the opening device 1 comprises:
a base frame C2-01 configured to couple the opening device 1 on the packaging material C2-02 and about the designated pour opening C4-01;
a collar 9 integrally connected to and extending from the base frame C2-01, delimiting a flow channel C2-03 for the pourable product (page 4, para. [0038], lines 1-3, “... pourable...”), and having an inlet C2-04 and a pouring outlet C3-01, the collar 9 having a longitudinal extent (Z1) that extends in a longitudinal direction (Z); and
a closing element 19 arranged and/or being arrangeable within the flow channel C2-03 and being configured to cover and/or close the designated pour opening C4-01;
the closing element 19 including an annular coupling membrane C2-20 that is detachably fixed C2-19 to the collar 9 along an annular initial contact portion 15 of an inner wall 11 of the collar 9 so that a first-time movement (page 4, para. [0039], “... detached...”) of the closing element 19 away from the inlet C2-04 detaches the closing element 19 from the collar 9;
the collar 9 comprising:
a main portion C2-05 comprising the pouring outlet C3-01 and extending from the annular initial contact portion 15 to the pouring outlet C3-01; and
a sealing ring C2-06 comprising the inlet C2-04 and configured to help ensure the closing element 19 engages the inner wall 11 of the collar 9 when the closing element 19 is moved towards the inlet C2-04 after the first-time movement (page 4, para. [0039], “... detached...”) of the closing element 19 to thereby close and/or cover the designated pour opening C4-01 and/or to interrupt and/or obstacle the fluidic connection between the pouring outlet C3-01 and the inlet C2-04, the sealing ring C2-06 extending from the annular initial contact portion 15 to the inlet C2-04 such that the sealing ring C2-06 terminates at a free end C2-21;
the sealing ring C2-06 comprising a first inner surface C2-07 facing the flow channel C2-03 and an outer surface C2-08 opposite to the first inner surface C2-07, the first inner surface C2-07 of the sealing ring C2-06 extending away from the coupling membrane C2-20 and terminating at the free end C2-21 of the sealing ring C2-06;
the base frame C2-01 comprising a first contact surface C2-09 configured to contact the first face C2-10 of the packaging material C2-02 and a second contact surface C2-11 configured to contact the second face C2-12 of the packaging material C2-02;
a thickness C2-13 of an annular interface C2-14 interposed between the base frame C2-01 and the collar 9 being larger than a distance C2-15 between the first contact surface C2-09 and the second contact surface C2-11.
CORAZZA fails to teach the base frame C2-01 comprising a second inner surface facing the outer surface C2-08 of the sealing ring C2-06.
CORAZZA fails to teach the annular initial contact portion 15 being interposed, along the longitudinal direction (Z), between the first contact surface C2-09 and the pouring outlet C3-01.
However, THIVET teaches (see Fig. 1 - Fig. 3, Fig. 5, Fig. 9 - Fig. 10 above) an assembly 1 comprising a sealing ring T10-03, wherein the base frame 5 comprises a second inner surface T10-01 facing the outer surface T10-02 for sealing purposes (page 4, lines 32-35, “… resiliently deformable peripheral sealing lip…”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified sealing ring C2-06 in the opening device 1 of CORAZZA with sealing ring T10-03 as taught in the assembly 1 of THIVET for sealing purposes.
Moreover, 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 form of initial contact portion 15 [to be interposed along the longitudinal direction (Z) between the first contact surface C2-09 and the pouring outlet C3-01] in the sealing ring C2-06 of CORAZZA and THIVET to meet assembly requirements. Furthermore, a change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ47.
Regarding claim 19, CORAZZA and THIVET (as applied to claim 18 above) teaches all the limitations of the claim. CORAZZA further teaches (see FIG 1 - FIG 6 above) opening device 1, wherein the base frame C2-01 includes a first annular frame C2-22 having the first contact surface C2-09 and a second annular frame C2-23 having the second contact surface C2-11, the second annular frame C2-23 having an opposite surface C2-11 that is opposite the second contact surface C2-11 and that is configured to face toward the pourable product (page 4, para. [0038], lines 1-3, “... pourable...”) when the opening device 1 is mounted on the package 10, the free end C2-21 of the sealing ring C2-06 being interposed, along the longitudinal direction (Z), between the annular initial contact portion 15 and the opposite surface C2-11 of the second annular frame C2-23.
Regarding claim 20, CORAZZA and THIVET (as applied to claim 18 above) teaches all the limitations of the claim. CORAZZA fails to teach (see FIG 1 - FIG 6 above) opening device 1, wherein the outer surface C2-08 of the sealing portion and the second inner surface of the base frame C2-01 that face one another intersect at a circumferential curve.
However, THIVET teaches (see Fig. 1 - Fig. 3, Fig. 5, Fig. 9 - Fig. 10 above) assembly 1, wherein the outer surface T10-02 of the sealing ring T10-03 and the second inner surface T10-01 of the base frame 5 that face one another intersect at a circumferential curve T10-07 for sealing purposes (page 4, lines 32-35, “… resiliently deformable peripheral sealing lip…”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified sealing portion / base frame C2-01 in the opening device 1 of CORAZZA and THIVET with sealing ring T10-03 / base frame 5 of THIVET for sealing purposes.
Response to Arguments
Applicant's arguments regarding rejections under 35 USC § 112 of claim(s) 13-15 / objection of claim(s) 1 in the reply of September 9, 2025 are persuasive in view of claim amendments in aforementioned date. However, in view of aforementioned amendments, rejections under 35 USC § 112 of claim(s) 17, 20 stand.
Applicant’s arguments regarding rejections under 35 USC § 103 of claims 1-15 in aforementioned reply have been considered but are not persuasive.
Regarding argument CORAZZA relays a “tear line 15” (and not a “sealing ring” per instant invention) for “closing element 14” is not persuasive since once “opening device 1” is set after first use into “collar 9” on “package 10” sealing occurs as shown in FIG. 2 of CORAZZA. Furthermore, the structures of the “sealing ring C2-06” of CORAZZA diverge from instant invention but are obvious variants in the arts as taught by THIVET (Fig. 10).
Regarding argument no applicability into “sealing ring C2-06” of CORAZZA of “sealing ring T10-03” of THIVET is not persuasive since CORAZZA and THIVET relay types of “sealing rings” wherein an artisan in the arts would recognize as being variants.
Regarding argument THIVET being incompatible with CORRAZA is not persuasive. The structure being relied upon on THIVET is the “sealing ring T10-03” as noted in Fig. 10.
Regarding argument a person ordinarily skilled in the arts finds no motivation to apply THIVET into CORAZZA (since “sealing ring T10-03” should be positioned so that the initial contact portion is between a first inner surface T10-08 of the “sealing ring T10-03” that faces the flow channel and the pouring outlet) is not persuasive. THIVET teaches initial contact portion (non-rupturable type, Fig. 10) being between first inner surface T10-08 facing the flow channel and the pouring outlet.
Moreover, rejections under 35 USC § 103 of claim(s) 16-20 stand (see above) since they contain structures present (or obvious variants in the arts) in CORAZZA and THIVET.
With respect to the art rejections, in accordance with MPEP 2111.01, during examination, the claims must be interpreted as broadly as their terms reasonably allow. In re American Academy of Science Tech Center, 367 F.3d 1359, 70 USPQ2D 1827, 1834 (Fed. Cir. 2004).
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 extension fee 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Miyoshi et al. (Japan Patent Application Publication JP2019214421A): Teaches a “stopper” with similar characteristics as the claimed invention.
Winberg et al. (U. S. Patent Application Publication US20190359370A1): Teaches a “package” with similar characteristics as the claimed invention.
Cavanna et al. (Spain Patent ES2726280T3): Teaches an “opening device” with similar characteristics as the claimed invention.
Wada et al. (Japan Patent Application Publication JP2018172136A): Teaches a “plug” with similar characteristics as the claimed invention.
Contact
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARCOS JAVIER RODRIGUEZ MOLINA whose telephone number is (571) 272-8947. The examiner can normally be reached M-F: 7:30 AM to 5:30 PM.
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/M.J.R.M./
/Anthony D Stashick/Supervisory Patent Examiner, Art Unit 3735