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 Objections
Claim 10 is objected to because of the following informalities:
In line 6, “the side walls” should be --the at least 3 side walls--.
Claim 11 is objected to because of the following informalities:
In line 1 and line 5, “the side walls” should be --the at least 3 side walls--.
Appropriate correction is required.
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.
Claim 8 is 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 8 recites the limitation “the third wall region” in line 3. However, as claim 8 depends from claim 1 and the third wall region is introduced in claim 7, there is insufficient antecedent basis for the limitation in the claims.
For the purpose of examination, claim 8 will be considered to include the third wall region defined in claim 7.
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.
Claims 1-13 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Garitz et al. (US 2017/0313459 A1, hereinafter Garitz) in view of Boldrini et al. (US 2005/0127118 A1, hereinafter Boldrini).
Regarding claim 1, Garitz teaches a container comprising:
a folded planar composite (101), wherein the folded planar composite comprises a carrier layer (paragraph 264) and forms a container wall at least partially surrounding a container interior (113);
wherein the container wall comprises a first wall region (108) and a second wall region (107);
wherein the first wall region comprises, as superimposed layers of a first layer sequence in a direction outward from the container interior, a first ply (202) of the folded planar composite, a second ply (203) of the folded planar composite, and a third ply (204) of the folded planar composite (Fig. 2-7, 10, 11);
wherein the second ply is joined to the third ply in the first wall region (paragraph 264);
wherein the second wall region comprises, as superimposed layers of a second layer sequence in the direction outward from the container interior, the first ply (202), the second ply (203), and the third ply (204) (Fig. 2-7, 10, 11);
wherein the first ply is joined to the second ply in the second wall region and the second ply is joined to the third ply in the second wall region (paragraph 264);
wherein the carrier layer (210) in the first wall region has a greater layer thickness in the third ply than in the first ply, or than in the second ply, or than in each of them (paragraph 264); and
wherein the carrier layer (207) in the second wall region has a smaller layer thickness in the second ply than in the first ply, or than in the third ply, or than in each of them (paragraph 264) (paragraphs 261-290 and Fig. 1-7, 10, 11, 14-19).
Garitz fails to teach the container comprising an element other than the folded planar composite, wherein the folded planar composite together with the element other than the folded planar composite forms the container wall and wherein the first ply on its inner side facing the container interior is joined to the element other than the folded planar composite in the first wall region or in the second wall region or in each of the first and second wall region.
Boldrini teaches an analogous a container (4) comprising a folded planar composite, wherein the folded planar composite forms a container wall at least partially surrounding a container interior (8) and wherein the folded planar composite comprises an inner side facing the container interior. Boldrini further teaches that it is known and desirable in the prior art to configure analogous containers with an element (1) other than the folded planar composite, wherein the folded planar composite together with the element other than the folded planar composite forms the container wall and wherein the inner side facing the container interior is joined to the element other than the folded planar composite in order to provide a means for easily and more effectively dispensing a liquid food product in a way that prevents the liquid food product from becoming trapped and stagnating while also providing a means for easily and effectively resealing the container (paragraphs 27-57 and FIG. 1-6).
Accordingly, one having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify Garitz by alternatively configuring the container to include an element other than the folded planar composite, wherein the folded planar composite together with the element other than the folded planar composite forms the container wall and wherein the first ply on its inner side facing the container interior is joined to the element other than the folded planar composite in the first wall region or in the second wall region or in each of the first and second wall region, as taught by Boldrini, in order to provide a means for easily and more effectively dispensing a liquid food product in a way that prevents the liquid food product from becoming trapped and stagnating while also providing a means for easily and effectively resealing the container.
Regarding claim 2, Garitz as modified by Boldrini teaches the container of claim 1 above, wherein the layer thickness of the carrier layer in the first ply is smaller in the first wall region than in the second wall region (Garitz: paragraph 264 and Fig. 2, 11).
Regarding claim 3, Garitz as modified by Boldrini teaches the container of claim 1 above, wherein a minimum layer thickness of the carrier layer in the first wall region in one selected from the group consisting of the first ply, the second ply, and the third ply, or in each ply of a combination of at least two of the foregoing plies, is not more than 50% smaller than a maximum layer thickness of the carrier layer in the same ply of the first wall region, based on said maximum layer thickness (Garitz: Fig. 2, 11).
Regarding claim 4, Garitz as modified by Boldrini teaches the container of claim 1 above, wherein a minimum layer thickness of the carrier layer in the second wall region in one selected from the group consisting of the first ply, the second ply, and the third ply, or in each ply of a combination of at least two of the foregoing plies, is not more than 50% smaller than a maximum layer thickness of the carrier layer in the same ply of the second wall region, based on said maximum layer thickness (Garitz: Fig. 2, 11).
Regarding claim 5, Garitz as modified by Boldrini teaches the container of claim 1 above, wherein the layer thickness of the carrier layer (210) in the first wall region in the third ply is 1.1 to 20-times as high as in the first ply, or in the second ply, or in each of these two (Garitz: paragraph 264).
Regarding claim 6, Garitz as modified by Boldrini teaches the container of claim 1 above, wherein the layer thickness of the carrier layer (207) in the second wall region in the second ply is 1.1 to 20-times as high as in the first ply, or in the third ply, or in each of these two (Garitz: paragraph 264).
Regarding claim 7, Garitz as modified by Boldrini teaches the container of claim 1 above, wherein the container additionally comprises a third wall region (501), wherein the third wall region comprises, as superimposed layers of a third layer sequence in the direction outward from the container interior, the first ply (202), the second ply (203), and the third ply (204), wherein the first ply is joined to the third ply in the third wall region (Garitz: paragraphs 267, 268 and Fig. 5).
Regarding claim 8, Garitz as modified by Boldrini teaches the container of claim 1 above, wherein the container additionally comprises a third wall region (501), wherein the third wall region comprises, as superimposed layers of a third layer sequence in the direction outward from the container interior, the first ply (202), the second ply (203), and the third ply (204), wherein the first ply is joined to the third ply in the third wall region (Garitz: paragraphs 267, 268 and Fig. 5) and wherein the first wall region is adjacent to the second wall region, or the third wall region is adjacent to the second wall region, or both (Garitz: Fig. 5).
Regarding claim 9, Garitz as modified by Boldrini teaches the container of claim 1 above, wherein the element other than the folded planar composite comprises a base member (9) and a spout (2) arranged on the base member (Boldrini: paragraphs 34-52 and Fig. 1-6).
Regarding claim 10, Garitz as modified by Boldrini teaches the container of claim 9 above, wherein the base member comprises a base plate (11) and at least 3 side walls (FIG. 5), wherein the spout is arranged on a first side of the base plate and the at least 3 side walls are arranged on a further side of the base plate opposite to the first side (Boldrini: FIG. 3, 6).
Regarding claim 11, Garitz as modified by Boldrini teaches the container of claim 10 above, wherein the at least 3 side walls are inclined towards each other in a longitudinal direction of the element other than the folded planar composite extending from the base member to the spout (Boldrini: paragraphs 37, 41, 47) but fails to specifically teach each of the at least 3 side walls extending at an angle in a range from 55° to 70° to the longitudinal direction.
Boldrini, however, further teaches that the angle of each of the at least 3 side walls is no greater than 90° and is set such that food product inside the container can flow freely from the spout without stagnating and/or accumulating at any point along the way (paragraph 47).
Accordingly, as the general condition of the claim are disclosed in the prior art (i.e., an angle no greater than 90°) and as the angle of the at least 3 side walls is variable which achieves a recognized result (i.e., allows food to flow freely without stagnating and/or accumulating), one having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify the angle of each of the at least 3 side walls to define an angle that adequately and effectively allows food to flow freely without stagnating and/or accumulating, including the claimed angle of 55° to 70° to the longitudinal direction, as suggested by Boldrini, as it has been held that discovering an optimum or workable range or discovering an optimum value of a result effective variable involves only routine skill in the art (MPEP 2144.05).
Regarding claim 12, Garitz as modified by Boldrini teaches the container of claim 10 above, wherein the first ply on its inner side facing the container interior is joined to one of the 3 side walls of the base member in the first wall region, or in the second wall region, or in each of the first and second wall region (Garitz: Fig. 2-7, 10 and Boldrini: paragraphs 27-57 and FIG. 1-6).
Regarding claim 13, Garitz teaches a process comprising as process steps:
providing a container precursor comprising a folded planar composite (101),
wherein the folded planar composite comprises a carrier layer (paragraph 264), a first composite region (108) and a second composite region (107);
wherein the first composite region comprises, as superimposed layers of a first layer sequence in a direction outward from an inner side of the container precursor to an outer side of the container precursor, a first ply (202) of the folded planar composite, a second ply (203) of the folded planar composite, and a third ply (204) of the folded planar composite (Fig. 2-7, 10, 11);
wherein the second ply is joined to the third ply in the first composite region (paragraph 264);
wherein the second composite region comprises, as superimposed layers of a second layer sequence in the direction outward from the inner side of the container precursor to the outer side of the container precursor, the first ply (202), the second ply (203), and the third ply (204) (Fig. 2-7, 10, 11);
wherein the first ply is joined to the second ply in the second composite region and the second ply is joined to the third ply in the second composite region (paragraph 264);
wherein the carrier layer (210) in the first composite region has a greater layer thickness in the third ply than in the first ply, or than in the second ply, or than in each of them (paragraph 264); and
wherein the carrier layer (207) in the second composite region has a smaller layer thickness in the second ply than in the first ply, or than in the third ply, or than in each of them (paragraph 264) (paragraphs 261-290 and Fig. 1-7, 10, 11, 14-19).
Garitz fails to teach providing an element other than the folded planar composite and joining the first ply of the folded planar composite in the fist composite region, or in the second composite region, or in each of them, in each case on the inner side of the container precursor, to the element other than the folded planar composite to obtain a container.
Boldrini teaches an analogous a container (4) and process comprising providing a folded planar composite, wherein the folded planar composite forms a container wall at least partially surrounding a container interior (8) and wherein the folded planar composite comprises an inner side facing the container interior. Boldrini further teaches that it is known and desirable in the prior art to provide and configure analogous containers with an element (1) other than the folded planar composite, wherein the folded planar composite together with the element other than the folded planar composite forms the container wall and wherein the inner side facing the container interior is joined to the element other than the folded planar composite in order to provide a means for easily and more effectively dispensing a liquid food product in a way that prevents the liquid food product from becoming trapped and stagnating while also providing a means for easily and effectively resealing the container (paragraphs 27-57 and FIG. 1-6).
Accordingly, one having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify Garitz by alternatively providing an element other than the folded planar composite and joining the first ply of the folded planar composite in the first composite region, or in the second composite region, or in each of them, in each case on the inner side of the container precursor, to the element other than the folded planar composite to obtain a container, as taught and suggested by Boldrini, in order to provide a means for easily and more effectively dispensing a liquid food product in a way that prevents the liquid food product from becoming trapped and stagnating while also providing a means for easily and effectively resealing the container.
Regarding claim 15, Garitz teaches a use of a container precursor for producing a foodstuff container, wherein the container precursor comprises a folded planar composite (101) and wherein the folded container composite comprises a carrier layer (paragraph 264), a first composite region (108) and a second composite region (107);
wherein the first composite region comprises, as superimposed layers of a first layer sequence in a direction from an inner side of the container precursor to an outer side of the container precursor, a first ply (202) of the folded planar composite, a second ply (203) of the folded planar composite, and a third ply (204) of the folded planar composite (Fig. 2-7, 10, 11);
wherein the second ply is joined to the third ply in the first composite region (paragraph 264);
wherein the second composite region comprises, as superimposed layers of a second layer sequence in the direction from the inner side of the container precursor to the outer side of the container precursor, the first ply (202), the second ply (203), and the third ply (204) (Fig. 2-7, 10, 11);
wherein the first ply is joined to the second ply in the second composite region and the second ply is joined to the third ply in the second composite region (paragraph 264);
wherein the carrier layer (210) in the first composite region has a greater layer thickness in the third ply than in the first ply, or than in the second ply, or than in each of them (paragraph 264); and
wherein the carrier layer (207) in the second composite region has a smaller layer thickness in the second ply than in the first ply, or than in the third ply, or than in each of them (paragraph 264) (paragraphs 261-290 and Fig. 1-7, 10, 11, 14-19).
Garitz fails to teach an element other than the folded planar composite. Boldrini teaches an analogous a container (4) comprising a folded planar composite, wherein the folded planar composite forms a container wall at least partially surrounding a container interior (8) and wherein the folded planar composite comprises an inner side facing the container interior. Boldrini further teaches that it is known and desirable in the prior art to configure analogous containers with an element (1) other than the folded planar composite, wherein the folded planar composite together with the element other than the folded planar composite forms the container wall and wherein the inner side facing the container interior is joined to the element other than the folded planar composite in order to provide a means for easily and more effectively dispensing a liquid food product in a way that prevents the liquid food product from becoming trapped and stagnating while also providing a means for easily and effectively resealing the container (paragraphs 27-57 and FIG. 1-6).
Accordingly, one having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify Garitz by alternatively configuring the container to include an element other than the folded planar composite, as taught by Boldrini, in order to provide a means for easily and more effectively dispensing a liquid food product in a way that prevents the liquid food product from becoming trapped and stagnating while also providing a means for easily and effectively resealing the container.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Garitz, in view of Boldrini, as applied to claim 13 above, and further in view of Kenn et al. (US 2013/0305659 A1, hereinafter Kenn).
Regarding claim 14, Garitz as modified by Boldrini teaches the process of claim 134 above, but fails to teach the folded planar composite and the element other than the folded planar composite in the process steps being pressed to each other in a first pressing direction at a first contact pressure and in a further pressing direction at a further contact pressure, wherein the first contact pressure is less than the further contact pressure.
Kenn teaches an analogous container and process, wherein the container comprises a folded planar composite and an element other than the folded planar composite that are folded and assembled in order to obtain the container. Kenn further teaches a well-known process for assembling the container, wherein the folded planar composite and the element other than the folded planar composite are pressed to each other in a first pressing direction at a first contact pressure (via mandrel 17) and in a further pressing direction at a further contact pressure (via gable presses 28, 30, 31), wherein the first contact pressure is less than the further contact pressure (paragraphs 49-59 and Fig. 1-7). It is noted that the first contact pressure is less than the further contact pressure as the mandrel 17 is stationary.
Accordingly, one having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to implement the process taught by Kenn in order to obtain the container of Garitz as modified by Boldrini, wherein the folded planar composite and the element other than the folded planar composite in the process steps are pressed to each other in a first pressing direction at a first contact pressure and in a further pressing direction at a further contact pressure, wherein the first contact pressure is less than the further contact pressure. As containers formed from folded planar composites and an element other than the folded planar composite are well-known, one having ordinary skill in the art would have been motivated to implement the well-known and common process taught by Kenn for forming the containers and the results would have been obvious and predictable.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NINA KAY ATTEL whose telephone number is (571)270-3972. The examiner can normally be reached Monday-Friday 7AM-4PM EST.
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/NINA K ATTEL/Examiner, Art Unit 3734
/NATHAN J NEWHOUSE/Supervisory Patent Examiner, Art Unit 3734