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 .
Figure 1 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. 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.
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 1-10 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 1 is indefinite because the phrase “or alike” therein is too broad to convey the structure(s) sought to be encompassed therein.
Claim 3 is indefinite because the phrase “polyethylene, preferably polyethylene with low density” is not clear as to what is encompassed therein.
Claim 4 is indefinite because the phrase “deep embossing” is not understood.
Claim 10 is indefinite because the phrase “the separation portion” therein lacks antecedent basis. In the comparison of the claims with the prior art below, the claim is treated as if the feature is not claimed.
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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by EP 0 757 958 (hereinafter EP‘958) cited by the applicant. The claimed aluminum band reads on adhesive sticker 12 in the reference figures, that can be made of aluminum and can have adhesive on one side thereof. See column 2 lines 45-46 and 57. The claimed at least two lines of notches read on weakening lines 17 (there can be at least three weakening lines 17 in the EP’958 separation means as most clearly shown in Fig 2.). In another example, it is apparent from EP’958 Fig 2 that the band separation means at least has at lateral sides thereof (top and bottom in the Fig 2 view) a shape similar to a V as also required in claim 1.
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) 2-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over EP’958. The features these claims may not be expressly disclosed in EP’958. However, they are all conventional or well within the level of skill of one of ordinary skill in the relevant art to provide. See also the prior art of record, including the features in JP 2004083075 and the commentary relative thereto below. Therefore, it would have been obvious to provide EP’958 with the missing features, for the sake of convenience and/or to provide more economical packaging.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 2004083075 cited by applicant, hereinafter JP’075. Note, for example, Figs 1 and 2. The reference may not expressly teach the claimed steps, however, they are conventional as shown by the prior art of record. For example, see the EP’958 and the commentary in the rejection above over that reference. Thus, it would have been obvious to align or superimpose identical cans as claimed in the JP’075 invention, apply an adhesive aluminum band to the stack and apply pressure to the band, in order to more securely hold the cans together and/or to provide a more economical package.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACOB K ACKUN whose telephone number is (571)272-4418. The examiner can normally be reached Monday-Thursday 11am-7pm.
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, Orlando E. Aviles 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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/JACOB K ACKUN/Primary Examiner, Art Unit 3736