DETAILED ACTION
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-9, 11-16 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Amorese (US 20210237083 A1).
Claim 1, Amorese discloses a bottom layer (103) with a cavity (101) being defined by a closed perimeter wall (107) and with a connecting plate (103; FIG 1) that adjoins the closed perimeter wall and that extends in a single plane,
a nozzle (111) provided in the closed perimeter wall in an area furthest away from the connecting plate,
a top layer (105) that is sealingly attached to the connecting plate at least around the opening of the cavity, and
wherein the bottom layer is made of a rigid material and the top layer being is made of a flexible material having material properties such that the top layer, when deformed can at least partially lay laminar against the inside of the cavity without tearing ([0052]).
Claim 2, Amorese discloses wherein the cavity being bowl-shaped (FIG 1) and wherein the closed perimeter wall, with respect to the connecting plate, being more inclined in a first area close to the connecting plate than in at least one second area further away from it (FIG 1 shows steeper incline in upper area away from 111 and shallower incline near 111).
Claim 3, Amorese discloses wherein the transition of the inclination of the first area of the closed perimeter wall to the at least one second area of the closed perimeter wall is designed to be continuous or step-like (FIG 1 incline changes angle at 107).
Claim 4, Amorese discloses wherein a closed circumferential collar is arranged around the nozzle on the outside of the closed perimeter wall (FIG 1 shows raised lip on the outside bottom of 111).
Claim 5, Amorese discloses a tear-off film ([0011], [0018]; 205) which seals the nozzle (111, 235), and which can be removed nondestructively.
Claim 6, Amorese discloses wherein the tear-off film is sealingly attached to the closed circumferential collar ([0011], [0018]).
Claim 7, Amorese discloses wherein the connecting plate comprising a first flap ([0012]; 415, 515; FIG 4-5, 14-15) on one side with respect to the cavity.
Claim 8, Amorese discloses wherein the connecting plate comprising a second flap ([0012]; 415, 515; FIG 4-5, 14-15) on a side opposite to the first flap with respect to the cavity.
Claim 9, Amorese discloses wherein at least one rib ([0013]; 803; FIG 8) is provided that connects the closed perimeter wall to the connecting plate.
Claim 11, Amorese discloses in which the bottom layer is made of a material from the group including metal, glass, silicon, plastic, or composite ([0052]) and in which the top layer is made of plastic ([0052]).
Claim 12, Amorese discloses several containers wherein all of the several containers are connected to each other by a common connecting plate ([0010]).
Claim 13, Amorese discloses wherein the several containers are arranged in an array comprising a single line ([0010]) or in an array comprising several lines parallel to each other.
Claim 14, Amorese discloses wherein the closed perimeter walls of two adjoining containers of the several containers are connected to each other by a common rib ([0013]; 803; FIG 8).
Claim 15, Amorese discloses where at least some of the several cavities are sealed by a common top layer ([0011], [0018]) and/or where some or all nozzles are sealed by a common tear-off film ([0011]; [0018]).
Claim 16, Amorese discloses providing at least one container (FIG 1) for liquid to be dispensed, the at least one container including a bottom layer with a cavity being defined by a closed perimeter wall and with a connecting plate that adjoins the closed perimeter wall and that extends in a single plane, wherein a nozzle (111) being provided in the closed perimeter wall, in an area furthest away from the connecting plate;
- sealing some or all nozzles with a common tear-off film ([0010], [0018]), in which the tear-off film can be removed non-destructively;
- filling the cavity with a liquid ([0013]), at least partially; and
- sealing some or all cavities with a common top layer by attaching the common top layer to the connecting plate at least around the opening of the cavities ([0011], [0018]; FIG 1-2).
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) 10 is rejected under 35 U.S.C. 103 as being unpatentable over Amorese as applied to claim 1 above, and further in view of Watson et al. (US 20070241552 A1).
Claim 10, Amorese substantially discloses the apparatus as claimed above but is silent on wherein a label is arranged on the top surface of the connecting plate.
Watson teaches wherein a label (20) is arranged on the top surface of the connecting plate.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Amorese with label as taught by Watson in order to provide a label for a blister pack that makes it more difficult for a child to release a medicament from the blister pack.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEREMY W CARROLL whose telephone number is (571)272-4988. The examiner can normally be reached M-F 8 AM - 5 PM.
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JEREMY W. CARROLL
Primary Examiner
Art Unit 3754
/Jeremy Carroll/Primary Examiner, Art Unit 3754