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 02/18/2026 (hereafter “the amendment”) has been accepted and entered.
Claim Rejections - 35 USC § 102
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 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) 1-2,4-6,8,11 and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lohrman (US20100140268A1).
Regarding claim 1, Lohrman teaches opening device for a package having a designated pour opening and being filled with a pourable product; the opening device comprises (see annotated fig.8 below for the opening device capable of designated for a package with pouring opening and being filled with a pourable product):
- a base frame configured to couple the opening device about the designated pour opening (see annotated fig.8 below for a base frame capable of coupling to the opening device about a designated pour opening);
- a collar extending from the base frame and delimiting a flow channel for the pourable product (see annotated fig.8 below for a collar extending from base frame and delimiting a flow channel for pourable product and fig.9 below shows how far the flow channel extends fromt the bottom of the base frame to the top); and
- a closing element arranged and/or being arrangeable within the flow channel and being configured to cover and/or close the designated pour opening (see annotated fig.8 below for the closing element);
wherein the closing element comprises a coupling membrane being detachably fixed to an initial contact portion of the collar (see annotated fig.8 below for the coupling membrane capable of being detachably fixed to an initial contact portion of the collar i.e. when the membrane is pulled off);
wherein the collar comprises an inlet configured to allow for an inlet of the pourable product into the flow channel and a pouring outlet configured to allow for an outpouring of the pourable product from the flow channel (see annotated fig.8 and 9 below for the pouring outlet capable of allowing the outpouring of the product form the flow channel and the inlet at the bottom capable of allowing for an inlet of the product into the flow channel);
wherein the initial contact portion is interposed between the base frame and the pouring outlet (see annotated fig.8 below for the initial contact will be interposed between the base frame and the pouring outlet as membrane is in the middle);
wherein the collar comprises:
- a main portion comprising the pouring outlet and extending from the initial contact portion to the pouring outlet (see annotated fig.8 below); and
- a sealing ring comprising the inlet and extending from the initial contact portion to the inlet; wherein the sealing ring defines a diameter smaller than a diameter of the flow channel and is deflectable with respect to the main portion and the base frame (fig.9 shows the engaging structure 114 comprising the inlet and extending from the initial contact portion to the inlet and the structure capable of being defeatable with respect to the main portion and the base frame and fig.9 shows the bottom of the flow channel has a diameter at the bottom of the flow channel that is larger than the diameter than the sealing ring).
Annotated fig.8 of Lohrman
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Annotated fig.9 of Lohrman
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Regarding claim 2, the references as applied to claim 1 above discloses all the limitations substantially claimed. Lohrman further teaches wherein the sealing ring comprises a main body having an inner surface, an outer surface radially displaced from and opposite to the inner surface and a curved tip surface connecting the inner surface and the outer surface with one another (fig.9 shows the 114 element that has a body with inner and outer surface and outer surface is displaced and opposite of inner surface and shows the curved tip surface as it goes in increments connecting inner and outer surface at the tip point).
Regarding claim 4, the references as applied to claim 1 above discloses all the limitations substantially claimed. Lohrman further teaches wherein a cross-section profile of the sealing ring with respect to a cross-section-plane containing a central axis of the collar comprises a first linear line and a second linear line radially displaced from the first linear line and being arranged radially outside with respect to the first linear line (fig.9 shows the cross section of entire assembly having a central axis plane which has a central axis with respect to collar can have a linear line and second liner line radially displaced from the first line and arranged radially outside with respect to the first line; see annotated fig.9 below where it shows the first and second linear lines that are similar to applicant’s fig,.5b elements 36 and 37 ).
Annotated fig.9 of Lohrman
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Regarding claim 5, the references as applied to claim 4 above discloses all the limitations substantially claimed. Lohrman further teaches wherein the cross-section profile comprises a curved line connecting the first linear line and the second linear line with one another (see annotated fig.9 above).
Regarding claim 6, the references as applied to claim 4 above discloses all the limitations substantially claimed. Lohrman further teaches wherein the second linear line has an extension corresponding to at least 50% of the extension of the first linear line (see annotated fig.9 above for second line being at least 50% of extension of the first line).
Regarding claim 8, the references as applied to claim 1 above discloses all the limitations substantially claimed. Lohrman further teaches wherein the sealing ring comprises an annular coupling section connecting the sealing ring to the base frame; wherein the annular coupling section comprises an annular flat surface (see annotated fig.9 above).
Regarding claim 11, the references as applied to claim 1 above discloses all the limitations substantially claimed. Lohrman further teaches wherein the sealing ring is designed to protrude towards and/or into an inner space of the package (fig.9 shows engagement 114 protrudes towards inner space of the package) .
Regarding claim 13, the references as applied to claim 1 above discloses all the limitations substantially claimed. Lohrman further teaches package filled and/or fillable with a pourable product and comprising at least one opening device according to claim 1 (fig.1 the opening device is for a container fillable with a pourable product with at least one opening-see abstract).
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) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over references as applied to claim 13 above and further in view of Yamada (US5433982A).
Regarding claim 14, the references as applied to claim 13 above discloses all the limitations substantially claimed. Lohran further teaches wherein the package comprises a main body having a designated pour opening and; wherein the opening device is coupled onto the main body and about the designated pour opening (fig.1 the opening device is attached to a container with a main body and having a pouring opening- see abstract and 0045 closure application to container). Lohran does not teach wherein the package is being made from a multilayer composite packaging material.
Yamada teaches wherein the package is being made from a multilayer composite packaging material (fig.5 shows the package with main body 32 made from a multilayer composite material). 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 Lohran by adding the teaching of multilayer composite material container as disclosed by Yamada in order to give container the advantage good barrier property and a sufficient strength, and is capable of being produced at a low cost without complicating the production process to be used therefor. “The above packaging material may also comprise an inner surface layer having a barrier property and a base material layer wherein the inner surface layer having a barrier property comprises the above semi-aromatic polyamide resin. Such a composite container having a barrier property has both of a good barrier property and a sufficient strength, and is capable of being produced at a low cost without complicating the production process to be used therefor.” (Abstract, Yamada)
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over references as applied to claim 13 above and further in view of Golfieri (US20170113834A1).
Regarding claim 15, the references as applied to claim 13 above discloses all the limitations substantially claimed. Lohrman does not teach wherein the opening device is coupled to a main body of the package by molding.
Golfieri does teach wherein the opening device is coupled to a main body of the package by molding (fig.1 shows the opening device 3 that is molded to the container 2 and coupled). 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 Lohrman by adding the teaching of molding opening device to the package as disclosed by Golfieri in order to solidify the coupling connection between the opening device and the container rather than using threads or other common methods, this would create stronger connection between the two.
Allowable Subject Matter
Claims 3,7 and 9-10 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 16 is allowed.
Response to Arguments
Applicant's arguments filed 02/18/2026 have been fully considered but they are not persuasive. Applicant new amendments are addressed above with updated/new interpretation of the prior art. Applicant argues on page 10 below the fig.9 of prior art that Lohrman does not teach the sealing ring having smaller diameter than the flow channel this is not persuasive as due to applicants’ amendments interpretation of the flow channel has been changed as shown in annotated figures above. Flow channel now extends all the way from the bottom of the base frame near the inlet to the top of the device and since the sealing ring 114 is in interior of the flow channel it has a smaller diameter than the flow channel. No other arguments were presented and the new claim 16 is indicated allowable because applicant included the allowable subject matter of claim 2 and 3 as stated in previous action.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PRINCE PAL whose telephone number is (571)272-7525. The examiner can normally be reached M-Th, 9:30 AM - 7:30 PM (EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ANTHONY STASHICK can be reached at (571)272-4561. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PRINCE PAL/Examiner, Art Unit 3735
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