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 .
This Office Action is in response to the Amendment/Request for Reconsideration - After Non-Final Rejection filed on May 18, 2026 wherein; claim(s) 1-2, 17-18, 28 were amended, claim(s) 3-7, 13-16, 21-25, 30-34 canceled, and claim(s) 35-53 are new. Examiner notes amendments are directed to overcome rejection of claim(s) under 35 USC § 102 / 35 USC § 103. Therefore, claim(s) 1-2, 8-12, 17-20, 26-29, 35-53 are pending and will be examined.
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, 17, 35-37, 39-40 is/are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Brundige et al. (U. S. Patent US4305535A) hereinafter BRUNDIGE.
Regarding claim 1, BRUNDIGE teaches (see FIG-1, FIG-4 - FIG-8 below) a container B1-01 comprising:
a closure 40 including a horizontal closure sealing surface 52;
a molded fiber container body 10; and
a collar 60 bonded to an outer surface B6-01 of the molded fiber container body 10, the collar 60 configured to provide a horizontal sealing surface B6-02 corresponding to the horizontal closure sealing surface 52 to seal (FIG-8) the container B1-01 when the closure 40 is attached to the collar 60 and the molded fiber container body 10.
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Regarding claim 2, BRUNDIGE teaches (see FIG-1, FIG-4 - FIG-8 above) container B1-01, wherein:
the closure 40 includes a vertical closure sealing surface B6-0352 and substantially perpendicular to the horizontal closure sealing surface 52; and
the collar 60 is configured to provide a vertical sealing surface B6-04 corresponding to the vertical closure sealing surface B6-03 to seal (FIG-8) the container B1-01 when the closure 40 is attached to the collar 60 and the molded fiber container body 10.
Regarding claim 17, BRUNDIGE teaches (see FIG-1, FIG-4 - FIG-8 above) container B1-01, further comprising:
a barrier layer (page 2, col. 2, line 2, “… barrier coating… “) on an internal surface of the molded fiber container body 10 to create a seal (FIG-8).
Regarding claim 35, BRUNDIGE teaches (see FIG-1, FIG-4 - FIG-8 above) container B1-01, wherein the vertical sealing surface B6-04 of the collar 60 is connected to, and substantially perpendicular to, the horizontal sealing surface B6-02 of the collar 60.
Regarding claim 36, BRUNDIGE teaches (see FIG-1, FIG-4 - FIG-8 above) container B1-01, wherein the vertical sealing surface B6-04 of the collar 60 corresponds to a vertical section of the collar 60, and wherein the horizontal sealing surface B6-02 of the collar 60 corresponds to a first horizontal section of the collar 60.
Regarding claim 37, BRUNDIGE teaches (see FIG-1, FIG-4 - FIG-8 above) container B1-01, wherein the collar 60 further includes a second horizontal section that is connected to the vertical section and that is configured to enable a latching mechanism (FIG-8) of the closure 40.
Regarding claim 39, BRUNDIGE teaches (see FIG-1, FIG-4 - FIG-8 above) container B1-01, wherein the collar 60 is bonded to a neck of the molded fiber container body 10.
Regarding claim 40, BRUNDIGE teaches (see FIG-1, FIG-4 - FIG-8 above) container B1-01, wherein the closure 40 is contoured to mate with the molded fiber container body 10 and with the collar 60.
Claim(s) 18-20, 45-47, 49-51, 53 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 18, 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 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, wherein the interconnection mechanism 5019 includes interlocking tabs (FIG. 28A) that are configured to interlock with mated slots.
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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 45, CORBETT teaches (see FIG. 1 - FIG. 2, FIG. 5B, FIG. 10, FIG. 13, FIG. 19B, FIG. 28A, FIG. 30D above) container C1-01, wherein each of the pair of molded fiber container halves C10-01 includes a first edge formed with one or more of the interlocking tabs 5019 and a second edge formed with one or more of the mated slots.
Regarding claim 46, CORBETT teaches (see FIG. 1 - FIG. 2, FIG. 5B, FIG. 10, FIG. 13, FIG. 19B, FIG. 28A, FIG. 30D above) container C1-01, wherein a base of the molded fiber container body 110 includes a tongue 8094 of one of the pair of molded fiber container halves C10-01 interconnected with a groove of another of the pair of molded fiber container halves C10-01.
Regarding claim 47, 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 interlocking tabs 5019 and mated slots are impregnated with, coated with, or bathed in a sealant material.
Regarding claim 49, CORBETT teaches (see FIG. 1 - FIG. 2, FIG. 5B, FIG. 10, FIG. 13, FIG. 19B, FIG. 28A, FIG. 30D above) container C1-01, wherein edges of the pair of molded fiber container halves C10-01 are coated with a sealant material.
Regarding claim 50, 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 10 is hermetically sealed.
Regarding claim 51, 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 10 is configured to contain a liquid, a powder, or a non-dry content.
Regarding claim 53, 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 pair of molded fiber container halves C10-01 are formed from one or more of:
fiber, pulp, paperboard, pressed pulp, cellulose, starch, polylactic acid (PLA), or polyhydroxyalkanoates (PHA).
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) 8-12, 42 is/are rejected under 35 U.S.C. 103 as being unpatentable over BRUNDIGE, in view of CORBETT.
Regarding claim 8, BRUNDIGE (as applied to claim 1 above) teaches all the limitations of the claim. BRUNDIGE fails to teach (see FIG-1, FIG-4 - FIG-8 above) container B1-01, wherein the molded fiber container body 10 includes a pair of container halves, further comprising:
a tape configured to be bonded on a seam area between the pair of container halves.
However, CORBETT teaches (see FIG. 1 - FIG. 2, FIG. 5B, FIG. 10, FIG. 13, FIG. 19B, FIG. 28A, FIG. 30D above) a 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 for recycling purposes (page 40, para. [0009], “… environment… “).
CORBETT fails to teach a tape configured to be bonded on a seam area 220 between the pair of container halves C10-01.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have modified molded fiber container body 10 in the container B1-01 of BRUNDIGE with molded fiber container body 110 as taught in the container C1-01 of CORBETT for recycling purposes.
Furthermore, 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 molded fiber container body 10 of BRUNDIGE and 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 9, BRUNDIGE (as applied to claim 1 above) teaches all the limitations of the claim. BRUNDIGE fails to teach (see FIG-1, FIG-4 - FIG-8 above) container B1-01, wherein the molded fiber container body 10 includes a pair of container halves, the pair of container halves including an interconnection mechanism configured to bond the pair of container halves.
However, 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 for recycling purposes (page 40, para. [0009], “… environment… “).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have modified molded fiber container body 10 in the container B1-01 of BRUNDIGE with molded fiber container body 110 as taught in the container C1-01 of CORBETT for recycling purposes.
Regarding claim 10, BRUNDIGE and CORBETT (as applied to claim 9 above) teaches all the limitations of the claim. The combination of BRUNDIGE (see FIG-1, FIG-4 - FIG-8 above) and CORBETT (see FIG. 1 - FIG. 2, FIG. 5B, FIG. 10, FIG. 13, FIG. 19B, FIG. 28A, FIG. 30D above) further teaches container B1-01, wherein the interconnection mechanism 5019 is configured to bond the pair of container halves C10-01 at least mechanically.
Regarding claim 11, BRUNDIGE and CORBETT (as applied to claim 9 above) teaches all the limitations of the claim. The combination of BRUNDIGE (see FIG-1, FIG-4 - FIG-8 above) and CORBETT (see FIG. 1 - FIG. 2, FIG. 5B, FIG. 10, FIG. 13, FIG. 19B, FIG. 28A, FIG. 30D above) further teaches container B1-01, wherein the interconnection mechanism 5019 is configured to bond the pair of container halves C10-01 at least mechanically and adhesively.
Regarding claim 12, BRUNDIGE and CORBETT (as applied to claim 9 above) teaches all the limitations of the claim. The combination of BRUNDIGE (see FIG-1, FIG-4 - FIG-8 above) and CORBETT (see FIG. 1 - FIG. 2, FIG. 5B, FIG. 10, FIG. 13, FIG. 19B, FIG. 28A, FIG. 30D above) further teaches container B1-01, wherein the interconnection mechanism 5019 is interlocking tabs 5019.
Regarding claim 42, BRUNDIGE (as applied to claim 1 above) teaches all the limitations of the claim. BRUNDIGE fails to teach (see FIG-1, FIG-4 - FIG-8 above) container B1-01, wherein the molded fiber container body 10 includes a pair of container halves, and wherein a wall of each of the pair of container halves is configured to diametrically align the molded fiber container body 10 and the closure 40.
However, CORBETT teaches (see FIG. 1 - FIG. 2, FIG. 5B, FIG. 10, FIG. 13, FIG. 19B, FIG. 28A, FIG. 30D below) a container C1-01, wherein the molded fiber container body 110 includes a pair of container halves C10-01, and wherein a wall of each of the pair of container halves C10-01 is configured to diametrically align the molded fiber container body C1-01 and the closure C5B-01 for recycling purposes (page 40, para. [0009], “… environment… “).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have modified molded fiber container body 10 in the container B1-01 of BRUNDIGE with molded fiber container body 110 as taught in the container C1-01 of CORBETT for recycling purposes.
Claim(s) 26-29 is/are rejected under 35 U.S.C. 103 as being unpatentable over CORBETT.
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 collar 512 and the 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.
Allowable Subject Matter
The following is an examiner’s statement of reasons for allowance: claim(s) 38, 41, 43-44, 48, 52 are allowable because the prior art of record (i.e., BRUNDIGE, CORBETT) do not anticipate or make obvious structures thereto.
Response to Arguments
Applicant's amendments / arguments regarding rejections of standing under 35 USC § 103 / 35 USC § 103 in aforementioned reply have been considered but are moot because the new grounds of rejections does not rely on exactly combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the Applicant’s arguments.
With respect to the art rejections, in accordance with MPEP 2111.01, during examination, the claims must be interpreted as broadly as their terms reasonably allow. In re American Academy of Science Tech Center, 367 F.3d 1359, 70 USPQ2D 1827, 1834 (Fed. Cir. 2004).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
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
Prosecution Insights