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 .
Election Restriction
Applicant’s election (without traverse) of Species A1 (i.e., “containers” per FIG. 1 - FIG. 4), and Species B1 (i.e., “interconnection mechanism” among “pair of container halves” per FIG. 5A - FIG. 5C) in the reply filed on January 9, 2025 is acknowledged. Applicant timely traversed the restriction requirement in the aforementioned reply. Claims 1-34 are pending and claims 1-2, 8-12, 17-21, 26-29 will be examined. The election 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)(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.
(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) 1-2, 9-12, 17-21 is/are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Corbett et al. (U. S. Patent Application Publication US20140252032A1) hereinafter CORBETT.
Regarding claim 1, CORBETT teaches (see FIG. 1 - FIG. 2, FIG. 5B, FIG. 10, FIG. 13, FIG. 19B, FIG. 28A, FIG. 30D below) a container C1-01 comprising:
a closure C5B-01 including a closure sealing surface C5B-02;
a molded fiber container body 110; and
a collar 512 bonded to the molded fiber container body 110, the collar 512 configured to provide a sealing surface C5B-03 corresponding to the closure sealing surface C5B-02 to seal the container C1-01 when the closure C5B-01 is attached to the bonded collar 512 and molded fiber container body 110.
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Regarding claim 2, CORBETT teaches (see FIG. 1 - FIG. 2, FIG. 5B, FIG. 10, FIG. 13, FIG. 19B, FIG. 28A, FIG. 30D above) container C1-01, wherein:
the closure C5B-01 includes another closure sealing surface C19B-01, the closure sealing surface C5B-02 connected to the another closure sealing surface C19B-01; and
the collar 512 configured to provide another sealing surface C19B-02 corresponding to the another closure sealing surface C19B-01 to seal the container C1-01 when the closure C5B-01 is attached to the bonded collar 512 and molded fiber container body 110,
wherein the closure sealing surface C5B-02 and the another closure sealing surface C19B-01 are substantially perpendicular.
Regarding claim 9, CORBETT teaches (see FIG. 1 - FIG. 2, FIG. 5B, FIG. 10, FIG. 13, FIG. 19B, FIG. 28A, FIG. 30D above) container C1-01, wherein the molded fiber container body 110 includes a pair of container halves C10-01, the pair of container halves C10-01 including an interconnection mechanism 5019 configured to bond the pair of container halves C10-01.
Regarding claim 10, CORBETT teaches (see FIG. 1 - FIG. 2, FIG. 5B, FIG. 10, FIG. 13, FIG. 19B, FIG. 28A, FIG. 30D above) container C1-01, wherein the interconnection mechanism 5019 is configured to bond the pair of container halves C10-01 at least mechanically.
Regarding claim 11, CORBETT teaches (see FIG. 1 - FIG. 2, FIG. 5B, FIG. 10, FIG. 13, FIG. 19B, FIG. 28A, FIG. 30D above) container C1-01, wherein the interconnection mechanism 5019 is configured to bond the pair of container halves C10-01 at least mechanically and adhesively.
Regarding claim 12, CORBETT teaches (see FIG. 1 - FIG. 2, FIG. 5B, FIG. 10, FIG. 13, FIG. 19B, FIG. 28A, FIG. 30D above) container C1-01, wherein the interconnection mechanism 5019 is interlocking tabs 5019.
Regarding claim 17, CORBETT teaches (see FIG. 1 - FIG. 2, FIG. 5B, FIG. 10, FIG. 13, FIG. 19B, FIG. 28A, FIG. 30D above) container C1-01, further comprising:
a barrier layer 210 on an internal surface of the container body 110 to create a seal.
Regarding claim 18, CORBETT teaches (see FIG. 1 - FIG. 2, FIG. 5B, FIG. 10, FIG. 13, FIG. 19B, FIG. 28A, FIG. 30D above) container C1-01 comprising:
a pair of molded fiber container halves C10-01; and
an interconnection mechanism 5019 configured to bond the pair of container halves C10-01 to form a molded fiber container body 110.
Regarding claim 19, CORBETT teaches (see FIG. 1 - FIG. 2, FIG. 5B, FIG. 10, FIG. 13, FIG. 19B, FIG. 28A, FIG. 30D above) container C1-01, wherein the interconnection mechanism 5019 is configured to bond the pair of container halves C10-01 at least mechanically.
Regarding claim 20, CORBETT teaches (see FIG. 1 - FIG. 2, FIG. 5B, FIG. 10, FIG. 13, FIG. 19B, FIG. 28A, FIG. 30D above) container C1-01, wherein the interconnection mechanism 5019 is configured to bond the pair of container halves C10-01 at least mechanically and adhesively.
Regarding claim 21, CORBETT teaches (see FIG. 1 - FIG. 2, FIG. 5B, FIG. 10, FIG. 13, FIG. 19B, FIG. 28A, FIG. 30D above) container C1-01, wherein the interconnection mechanism 5019 is interlocking tabs 5019.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 8, 26-29 is/are rejected under 35 U.S.C. 103 as being unpatentable over CORBETT.
Regarding claim 8, CORBETT (as applied to claim 1 above) teaches all the limitations of the claim. CORBETT teaches (see FIG. 1 - FIG. 2, FIG. 5B, FIG. 10, FIG. 13, FIG. 19B, FIG. 28A, FIG. 30D above) container C1-01, wherein the molded fiber container body 110 includes a pair of container halves C10-01, further comprising:
a polymer (page 51, para. [0137], line 7-9) configured to be bonded on a seam area 220 between the pair of container halves C10-01.
CORBETT fails to teach a tape configured to be bonded on a seam area 220 between the pair of container halves C10-01.
However, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have modified polymer with a tape in the container C1-01 of CORBETT since these are regarded as mechanical equivalents intended for securement purposes. MPEP 2144.06 Art Recognized Equivalence for the Same Purpose [R-01.2024]
Regarding claim 26, CORBETT (as applied to claim 18 above) teaches all the limitations of the claim. CORBETT teaches (see FIG. 1 - FIG. 2, FIG. 5B, FIG. 10, FIG. 13, FIG. 19B, FIG. 28A, FIG. 30D above) container C1-01, further comprising:
a polymer (page 51, para. [0137], line 7-9) configured to be bonded on a seam area 220 between the pair of container halves C10-01.
CORBETT fails to teach a tape configured to be bonded on a seam area 220 between the pair of container halves C10-01.
However, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have modified polymer with a tape in the container C1-01 of CORBETT since these are regarded as mechanical equivalents intended for securement purposes. MPEP 2144.06 Art Recognized Equivalence for the Same Purpose [R-01.2024]
Regarding claim 27, CORBETT (as applied to claim 26 above) teaches all the limitations of the claim. CORBETT further teaches (see FIG. 1 - FIG. 2, FIG. 5B, FIG. 10, FIG. 13, FIG. 19B, FIG. 28A, FIG. 30D above) container C1-01, further comprising: a barrier layer 210 on an internal surface of the pair of molded fiber container halves C10-01.
Regarding claim 28, CORBETT (as applied to claim 27 above) teaches all the limitations of the claim. CORBETT further teaches (see FIG. 1 - FIG. 2, FIG. 5B, FIG. 10, FIG. 13, FIG. 19B, FIG. 28A, FIG. 30D above) container C1-01, further comprising:
a closure C5B-01 including a closure sealing surface C5B-02; and
a collar 512 bonded to the molded fiber container body 110, the collar 512 configured to provide a sealing surface C5B-03 corresponding to the closure sealing surface C5B-02 to seal the container C1-01 when the closure C5B-01 is attached to the bonded collar 512 and molded fiber container body 110.
Regarding claim 29, CORBETT (as applied to claim 28 above) teaches all the limitations of the claim. CORBETT further teaches (see FIG. 1 - FIG. 2, FIG. 5B, FIG. 10, FIG. 13, FIG. 19B, FIG. 28A, FIG. 30D above) container C1-01, wherein:
the closure C5B-01 includes another closure sealing surface C19B-01, the closure sealing surface C5B-02 connected to the another closure sealing surface C19B-01; and
the collar 512 configured to provide another sealing surface C19B-02 corresponding to the another closure sealing surface C19B-01 to seal the container C1-01 when the closure C5B-01 is attached to the bonded collar 512 and molded fiber container body 110,
wherein the closure sealing surface C5B-02 and the another closure sealing surface C19B-01 are substantially perpendicular.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Corbett et al. (U. S. Patent Application Publication US20190135479A1): Teaches a “container” with similar characteristics as the claimed invention.
Verpackungswerk Colordruck W M (German Patent Application Publication DE202004010291U1): Teaches a “packing” with similar characteristics as the claimed invention.
Corbett et al. (W. I. P. O. Patent Application Publication WO2017181095A1): Teaches a “container” with similar characteristics as the claimed invention.
Contact
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARCOS JAVIER RODRIGUEZ MOLINA whose telephone number is (571) 272-8947. The examiner can normally be reached M-F: 7:30 AM to 5:30 PM.
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, ANTHONY D. STASHICK can be reached on (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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/M.J.R.M./
/Anthony D Stashick/Supervisory Patent Examiner, Art Unit 3735