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 .
Election/Restrictions
No claims withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 05/05/26.
Applicant's election with traverse of Group I, closure (100) and container (200) in the reply filed on 03/05/26 is acknowledged. The traversal is on the ground(s) that “ the Patent office must provide the proposed groups lack unity with each other” . This is not found persuasive because Examiner did separate the different groups by their difference as shown in applicant’s drawing and following applicants’ description of the different groups. The special technical feature was shown not to be novel in the lack of unity requirement.
The requirement is still deemed proper and is therefore made FINAL.
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) 22,23,24, is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Jagenberg (GB 468,161) copy supplied by applicant in file .
With respect to claim 22, Jagenberg shows a pulp molded (paper container disclosed in the title ) container ( cup 4, - see embodiment of cup in fig. 6), wherein the container comprises: a wall portion (sidewall shown not labeled) which surrounds a product space presenting a cross-sectional area, wherein said wall portion extends along an axial direction perpendicular to the cross-sectional area, between a first open end (top open end) and a second end (closed bottom) being axially opposite said first open end, wherein a first end wall portion extending from said first open end has a substantially conical sealing surface (surface with 14,15), herein the substantially conical sealing (fig. 6) surface presents at least one partial thread (14), and wherein a length of the at least one partial thread corresponds to 1/3 of a turn or less, a turn corresponding to 360 degrees. (the length of 14, is much less then 1/3 of a turn or less than 120 degrees of 360 degrees of rotations, at most the cap can rotate the length of 14, from fully unscrews to fully tightened or closed)
With respect to claim 23, Jagenberg shows a pulp molded (paper) cap (fig. 2) comprising: a substantially conical sealing surface (surface with 16, fig. 6), wherein the substantially conical sealing surface presents at least one partial thread (16),and wherein a length of the at least one partial thread corresponds to 1/3 of a turn or less, a turn corresponding to 360 degrees (clearly shown the cap can only rotate the length of thread 16, which is clearly less than 120 degrees of the 360 degree rotation meeting the limitation less than 1/3 or less than 120 degrees of the 360 degrees).
With respect to claim 24, Jagenberg shows comprising: a first part (any part of with threads 16) formed of a pulp material (the entire container and cap are made of paper), wherein the first part comprises said substantially conical sealing surface (the part with 16), and a second part (the rim 9) formed of a pulp material, wherein the second part (9) is adapted to at least partly enclose the first part ( part with 16).
Allowable Subject Matter
Claims 1-17, are allowed.
The following is a statement of reasons for the indication of allowable subject matter: Claim 1, specifically defines a pulp molded container and a closure cap, the prior art as applied above shows making caps and containers out of this molded paper. the closest art Jagenberg , as applied above does not show the matching conical surfaces with mating thread structure including a cap as claimed , this combined with the entire claim is not found in the prior art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAWN M BRADEN whose telephone number is (571)272-8026. The examiner can normally be reached M-F 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E Aviles-Bosques can be reached at 571 270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHAWN M BRADEN/Primary Examiner, Art Unit 3736