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 .
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.
Claim(s) 1-2 and 4-15 are rejected under 35 U.S.C. 102a1 being anticipated by Reisert et al., US PGPub 2020/0377259.
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Regarding claim 1, Reisert et al. discloses a container element (see fig 4a-5), comprising a non-planar component (4), wherein the container element (as described above) is designed to form a first part of a container wall (8) at least partially surrounding a container interior (within 8) of a container (see fig 5); wherein the non-planar component (4) comprises a base member (2), and a spout (19) arranged on the base member (2);wherein the base member (2) comprises a base plate (see flat shape of 2 in fig 4a), and at least 3 sidewalls (four sidewalls 4 shown in fig 4a); wherein the spout (19) is arranged on a first side (top side in fig 4a) of the base plate (2); wherein the side walls (4) are arranged on a further side (bottom in fig 4a) of the base plate (2) opposite the first side (as described above); characterised in that the side walls (4) are inclined towards each other (see fig 4a-4b) in a longitudinal direction (across container) of the non-planar component (four sidewalls 4) extending from the base member (2) to the spout (19) so that each side walls (4) are inclined at an angle in a range of from 55 to 70 degrees to the longitudinal direction (This feature can best be see fig 1 which is fig 3 in EP 2,112,283. From the perspective in fig 3 of EP 2,112,283, the inclination angle is measured at 65 degrees which is within the specified range).
Regarding claim 2, Reisert et al. discloses the container element (as described above) according to claim 1, wherein the container element (as described above) further comprises a cap (3) arranged at the non-planar component (as described above) such that the cap (3) covers a pouring aperture (18) of the spout (19).
Regarding claim 4, Reisert et al. discloses the container element (as described above) according to claim 1, wherein the base member (2) or the spout (19) or both comprises a first polymer composition (see abstract). Reisert et al. does not specify that the first polymer composition has a melting temperature in a range from 90 to 350 °C. It would have been obvious to one having ordinary skill in the art at the time of the effective filing date to employ a plastic with the specified melting temperature range since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. One having ordinary skill in the art at the time of the effective filing date of the invention would be motivated employ a plastic with the specified melting temperature range in order to ensure package stability in higher temperature environment for specified packaging applications.
Regarding claim 5, Reisert et al. discloses the container element (as described above) according to claim 1, wherein the container element (as described above) is designed to be joined to a folded planar composite (packaging sleeve 8) such that a further part of the container wall (8) is formed from the folded planar composite (as described above -see fig 5).
Regarding claim 6, Reisert et al. discloses a process for manufacturing the container element according to claim 1, the process comprising process steps of a) providing a first polymer composition (see abstract); and b) shaping the first polymer composition to obtain the non-planar component (see [0003] and folded state in fig 5).
Regarding claim 7, Reisert et al. discloses a container comprising the container element (as described above) according to claim 1, and a folded planar composite (packaging sleeve 8); wherein a container wall (8) of the container (as described above) at least partially surrounds a container interior (interior of 1); wherein a first part of the container wall (top) is formed from the container element (as described above); wherein a further part of the container wall (lower container) is formed from the folded planar composite (see fig 5)
Regarding claim 8, Reisert et al. discloses the container according to claim 7; wherein the folded planar composite (as described above) is joined to at least one of the side walls (4) of the non-planar component (4).
Regarding claim 9, Reisert et al. discloses the container according to claim 7, wherein the container (as described above)) includes a standing base (10) and, in a first direction bottom to top along a length of the container (as described above) opposite to the standing base (10), a head portion (11); wherein the head portion (11) includes at least 3 head side surfaces (four shown in fig 5) formed from the folded planar composite (as described above), which are inclined in the first direction (towards center of spout) relative to one another such that the container (as described above) tapers (see fig 5) at least in sections in the head portion (11).
Regarding claim 10, Reisert et al. discloses the container (as described above) according to claim 9, wherein a perimeter (upper edge) of each of the head side surfaces (as described above) is formed by a plurality of side edges (see overlapping region of 11 in fig 5) of the head portion (11), respectively; wherein each of the pluralities of side edges (as described above) includes a base edge (edge between region 11 and region 8) which, relative to the head side surface (as described above) whose perimeter is formed by the side edges (as described above), is convexly curved (see fig 5) toward the standing base (10).
Regarding claim 11, Reisert et al. discloses the container (as described above) according to claim 9, wherein the head side surfaces (as described above) together form substantially a lateral surface of a regular truncated pyramid (see fig 5).
Regarding claim 12, Reisert et al. discloses the container (as described above) according to claim 7, wherein the folded planar composite (as described above) comprises, as superimposed layers of a layer sequence, in a direction from an outer side of the folded planar composite to an inner side of the folded planar composite A) a carrier layer B) a barrier layer and C) an inner polymer layer (see [0002]-[0003]).
Regarding claim 13, Reisert et al. discloses the container (as described above) according to claim 12, wherein the carrier layer (see [0002]) comprises one selected from the group consisting of cardboard, paperboard, and paper, or a combination of at least two thereof (see [0002])
Regarding claim 14, Reisert et al. discloses a process, comprising as process steps a. Providing - the container element (as described above) according to claim 1, and a planar composite (sidewalls of container); b. Folding the planar composite (see fig 5) and joining the planar composite (as described above) to the non-planar component (1) to obtain a container.
Regarding claim 15, Reisert et al. discloses a use of the container element according to claim 1 for making a foodstuff container (see [0003]-[0004]).
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) 3 is rejected under 35 U.S.C. 103 as being unpatentable over Reisert et al. in view of Himmelsbach et al. US PGPub 2013/0256336.
Regarding claim 3, Reisert et al. discloses the the container element according to claim 1 but does not disclose an opening aid.
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Himmelsbach et al. teaches a similar container cap (see fig 1), wherein the container element further comprises an opening aid (13) arranged at the spout (2). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the opening aid described by Himmelsbach et al. to the system disclosed by Reisert et al. in order to allow the contained liquid to be sealed and then easily released during time of use and prevent contamination.
Response to Arguments
Applicant's arguments filed 5/13/2026 have been fully considered but they are not persuasive. Applicant argues that the inclination angle of the side walls within the specified range is non-obvious. Examiner respectfully disagrees, and upon closer inspector has determined that the Reisert et al. discloses an inclination angle in the specified range. More specifically, this feature can best be seen in fig 1 which corresponds to fig 3 in EP 2,112,283. From the perspective in fig 3 of EP 2,112,283, the inclination angle is measured at 65 degrees which is within the specified range. Therefore Reisert et al. does disclose the disputed limitation and Applicants argument is not persuasive.
Conclusion
THIS ACTION IS MADE FINAL. 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL A RIEGELMAN whose telephone number is (571)270-7956. The examiner can normally be reached 8-6 EST Monday - Friday.
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MICHAEL A. RIEGELMAN
Primary Examiner
Art Unit 3654
/MICHAEL A RIEGELMAN/Primary Examiner, Art Unit 3654
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