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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
“wherein the plastic product is a receptacle of a cartridge for receiving filling material.” Claim 9
“wherein the mold comprises an outer mold and a core which delimit the cavity, and the core is pulled out of the interior of the plastic product after step (c) and before step (d)” Claim 12
“(e) direct printing on a printing field of the plastic product using a digital printing process” Claim 14
“wherein the plastic product comprises an outer contour corresponding to an inner contour of an outer mold and an inner contour corresponding to an outer contour of a core, wherein the inner contour has a demolding bevel of 0.1° to 45°” Claim 15
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claims 8 and 15 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.
Regarding claim 8, a broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 8 recites the broad recitation “at least 3-5 wt%”. Thus the claim recites both a broader range (3-100%) and a narrower range (5-100%). The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Regarding claim 15, the claim recites “demolding bevel” rendering the claim indefinite. The term “demolding” is understood in the molding art to be a step of removing an article from a mold. Further, claim 11 of the instant application recite the final process step to be “demolding”. Thus, it is not clear as to the metes and bounds of a “demolding bevel” in claim 15. The instant specification lacks any further description or drawings of such a part. For purposes of examination it will be understood to recite a contour of the mold. Appropriate correction is required.
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) 1-7 and 9 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Higareda et al. (US 2015/0298852 A1).
Regarding claim 1, Higareda teaches a plastic product, made of plastic material comprising a ratio of at least 30 wt.-% of PCR (Post Consumer Recycled) material. (the container includes a polymer comprising 100% post-consumer recycled polyethylene terephthalate, [0021])
Regarding claim 2, Higareda teaches the plastic product according to claim 1, wherein said plastic material comprises a ratio of at least 50 wt.-% of PCR (Post Consumer Recycled) material. (the container includes a polymer comprising 100% post-consumer recycled polyethylene terephthalate, [0021])
Regarding claim 3, Higareda teaches the plastic product according to claim 1, wherein said plastic material comprises a ratio of at least 60 wt.-% of PCR (Post Consumer Recycled) material. (the container includes a polymer comprising 100% post-consumer recycled polyethylene terephthalate, [0021])
Regarding claim 4, Higareda teaches the plastic product according to claim 1, wherein said plastic material comprises a ratio of at least 70 wt.-% of PCR (Post Consumer Recycled) material. (the container includes a polymer comprising 100% post-consumer recycled polyethylene terephthalate, [0021])
Regarding claim 5, Higareda teaches the 5. The plastic product according to claim 1, wherein said plastic material comprises a ratio of at least 80 wt.-% of PCR (Post Consumer Recycled) material. (the container includes a polymer comprising 100% post-consumer recycled polyethylene terephthalate, [0021])
Regarding claim 6, Higareda teaches the 6. The plastic product according to claim 1, wherein said plastic material comprises a ratio of at least 90 wt.-% of PCR (Post Consumer Recycled) material. (the container includes a polymer comprising 100% post-consumer recycled polyethylene terephthalate, [0021])
Regarding claim 7, Higareda teaches the 7. The plastic product according to claim 1, wherein said plastic material 100 wt.-% of PCR (Post Consumer Recycled) material. (the container includes a polymer comprising 100% post-consumer recycled polyethylene terephthalate, [0021])
Regarding claim 9, Higareda teaches the 9. The plastic product according to claim 1, wherein the plastic product is a receptacle of a cartridge for receiving filling material. (Fig. 1, molded article includes a container defining an interior space, the container having a base, a sidewall connected to the base and extending therefrom, [0022] the container may be configured to couple to a trigger sprayer head to enable a user to dispense a fluid composition from within the container [0033]).
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) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Higareda et al. (US 2015/0298852 A1) in view of Alidedeoglu et al. (US 2016/0083511 A1).
Regarding claim 8, Higareda is silent on the plastic product according to claim 1, wherein the PCR (Post Consumer Recycled) material contains a ratio of foreign substance and impurities, respectively, of at least 3-5 wt.-%.
Examiner notes the claim recites 3-100% ratio. Alidedeoglu teaches a total impurity level (isophthalic acid and EG) below 3 mole percent provides a modified PBT resin with a standard performance similar to virgin PBT resin [0145]. Examiner notes that Higareda teaches 100% PCR material so that the combination results in a 3 mole % ratio of impurities to PCR. Although the mole% and wt% are not identical, they are at least an overlapping range depending on the molecular weight of the plastic and the impurity, rendering any difference obvious, see MPEP 2144.05.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present application to combine use the total impurity level of Alidedeoglu as the impurity level for PCR of Higareda because it achieves standard performance similar to virgin resin materials, see [0145].
Claim(s) 11, 12, 13, and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Higareda et al. (US 2015/0298852 A1) in view of Usami (US 2023/0049178 A1).
Regarding claim 11, Higareda teaches a method for producing the plastic product according to claim 1, using an injection molding process, the method comprising: (a) providing a partially recycled plastic material comprising a ratio of at least 30 wt.-% of PCR material; (the container includes a polymer comprising 100% post-consumer recycled polyethylene terephthalate, [0021])
Higareda is silent on (b) liquefying the plastic material; (c) injecting the liquid plastic material into a cavity of a mold; and (d) demolding the product after cooling.
Usami meets the claimed (b) liquefying the plastic material; (an injection device 25 that melts and supplies resin material that is the raw material [0020]) (c) injecting the liquid plastic material into a cavity of a mold; (injecting resin material from the injection device 25 into this mold cavity in the shape of the preform as shown in FIG. 2B, [0025]) and (d) demolding the product after cooling. (operations relating to the closing and opening of the mold (demolding) of the preforms 11 in the injection molding unit 21, [0019] Usami teaches the final step is the container 15 is taken out of the blow molding apparatus 20, see [0063]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present application to combine the injection molding steps of Usami as the generic plastic molding steps of Higareda because it is capable producing a wide variety of resin containers with good appearance, see [0002].
Regarding claim 12, Higareda as modified by Usami meets the claimed method according to claim 11, wherein the mold comprises an outer mold and a core which delimit the cavity, (Usami teaches the injection mold core 32 is inserted into the neck mold 27 from above in the drawing, with the neck mold 27 being set on the injection mold cavity 31 and the molds are closed, [0024]) and the core is pulled out of the interior of the plastic product after step (c) and before step (d). (Usami teaches at the ejection unit 24, the neck part 12 of the container 15 is released from the neck mold 27, and the container 15 is taken out of the blow molding apparatus 20, see [0063])
Regarding claim 13, Higareda teaches a method for producing at least a component of the plastic product according to claim 1, the method comprising: (a) providing recycled plastic material comprising a ratio of at least 30 wt-% to 100 wt-% of PCR material, (the container includes a polymer comprising 100% post-consumer recycled polyethylene terephthalate, [0021])
Higareda is silent on (b) conducting continuous liquefaction of the plastic material, (c) extruding the plastic material to produce the plastic product or the component of the plastic product.
Usami teaches (b) conducting continuous liquefaction of the plastic material, (an injection device 25 that melts and supplies resin material that is the raw material [0020]) (c) extruding the plastic material to produce the plastic product or the component of the plastic product. (injecting resin material from the injection device 25 into this mold cavity in the shape of the preform as shown in FIG. 2B, [0025]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present application to combine the injection molding steps of Usami as the generic plastic molding steps of Higareda because it is capable producing a wide variety of resin containers with good appearance, see [0002].
Regarding claim 15, Higareda as modified by Usami teaches the method of claim 11, wherein the plastic product comprises an outer contour corresponding to an inner contour of an outer mold (injection mold core 32 is the mold that defines the inner contour of the preform 11, [0024]) and an inner contour corresponding to an outer contour of a core, (injection mold cavity 31 is the mold that defines the outer contour of the preform 11, [0024])
Higareda as modified by Usami is silent on wherein the inner contour has a demolding bevel of 0.1° to 45°.
Usami depicts mold cavity 31 to include multiple contours including curved bevel of varying angles, see Fig. 2A.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present application to vary the contour of the mold of Usami to meet the claimed demolding bevel of 0.1° to 45° in order to define the shape of the neck part of the formed product, see Usami [0024].
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Higareda et al. (US 2015/0298852 A1) in view of Nowicki (US 2021/0380830 A1).
Regarding claim 10, Higareda teaches the plastic product according to claim 1, wherein the plastic product has an outer side, wherein a printing field is arranged on the outer side, (dimensions of the container for the consumer product may also be sized or shaped to convey a message with a label or the like [0005]).
Higareda is silent on the printing field being printed directly by means of a digital printing process.
Higareda teaches dimensions of the container for the consumer product may also be sized or shaped to convey a message with a label or the like [0005].
Nowicki meets the claimed the printing field being printed directly by means of a digital printing process. Nowicki teaches marking plastics on the marked material is realized by means of flexography printing, digital printing, see [0052].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present application to combine the direct printing method of Nowicki as the generic labeling method of Higareda because it ensures adequate adhesion to the marked material, see [0053].
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Higareda et al. (US 2015/0298852 A1) in view of Usami (US 2023/0049178 A1), and in further view of Nowicki (US 2021/0380830 A1).
Regarding claim 14, Higareda as modified meets the method according to claim 11, but is silent on further comprising: (e) direct printing on a printing field of the plastic product using a digital printing process.
Higareda teaches dimensions of the container for the consumer product may also be sized or shaped to convey a message with a label or the like [0005].
Nowicki meets the claimed : (e) direct printing on a printing field of the plastic product using a digital printing process. Nowicki teaches marking plastics on the marked material is realized by means of flexography printing, digital printing, see [0052].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present application to combine the direct printing method of Nowicki as the generic labeling method of Higareda because it ensures adequate adhesion to the marked material, see [0053].
Relevant Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Limatibul (US 2023/0405982 A1). Limatibul teaches [0002] Many studies suggest recycled plastics contain over 25% w/w less green-house/carbon gas emissions than virgin resins. The more PCR resins you include in your products, the higher impact you can make on saving the environment. [0053] to help incorporate PCR or increase the existing PCR content in containers from 30% w/w to 60% w/w.
Limatibul teaches that some recycled pellet properties do not meet the requirements in the recycling industry. The requirement includes extrusion evaluation, pellet testing, physical and mechanical properties, bottle production and testing, [0056]. Recyclable tube can be achieved by adding more than 50% w/w HDPE in the laminate tube. The HDPE resin selection has been shown in Table 2, [0057].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL M. ROBINSON whose telephone number is (571)270-0467. The examiner can normally be reached Monday-Friday 9:30AM-6PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sam Zhao can be reached at (571)270-5343. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL M. ROBINSON/Primary Examiner, Art Unit 1744