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/Restrictions
Applicant’s election without traverse of Claims 1-9 and 13-14 in the reply filed on 04/20/2026 is acknowledged.
Claims 10-12 and 15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 04/20/2026.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1-9 and 13-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Leser et al. (US 2012/0318805 A1; hereinafter Leser).
Regarding claims 1-2, 4-5, and 13-14, Leser discloses an insulated container comprising a container wall (10) which surrounds a container interior at least in part (see Figures 1-3D); wherein a jacket element (18) and a first end element (20) are connected to one another and each form a portion of the container wall wherein the jacket element delimits the container interior in a transverse direction extending from the inside to the outside in relation to the container interior, and comprises a rim portion (17) having a first edge; wherein the first end element delimits the container interior at a first end of the liquid-tight container in a longitudinal direction extending along the length of the liquid-tight container, and comprises a further edge which points in the longitudinal direction; wherein the rim portion is located at the first end of the liquid-tight container, and encloses the further edge counter to the transverse direction from the outside to the inside in such a way that the first edge of the jacket element points counter to the longitudinal direction (see Par. 0130-0133), and the liquid-tight container comprises, at the first end in the transverse direction, a ply sequence comprising a first ply (26) of the jacket element, a ply of the first end element (23), and a further ply (126) of the jacket element; wherein the rim portion comprises, at least on an inward-facing side counter to the transverse direction, a plurality of portions (261/262) of a first type and a plurality of portions of a further type (260); wherein the portions of the first type and the portions of the further type follow one another in a circumferential direction that extends along the further edge; wherein the first ply of the jacket element has a thickness in the transverse direction; wherein the thickness of the first ply is a mathematical function of a position along the circumferential direction (see Fig. 3D); wherein the mathematical function has a plurality of local maxima and a plurality of local minima; wherein each portion of the first type comprises exactly one of the local maxima and each portion of the further type comprises exactly one of the local minima; wherein the thickness of the first ply in each entire portion of the first type is at least 0.7 times a value of the local maximum comprised by the respective portion of the first type; wherein the thickness of the first ply in each entire portion of the further type is at most 1.3 times a value of the local minimum comprised by the respective portion of the further type; wherein each portion of the first type has a first length in the circumferential direction; wherein each portion of the further type has a second length in the circumferential direction; characterized in that each second length is at least 10% of each first length (see Par. 0097-0106; and Figures 7, 13, and 38).
Regarding claims 3 and 9, Leser discloses a liquid tight container wherein the further edge forms a closed curve with a third length along the circumferential direction; wherein the first end element has a height extending in the longitudinal direction at
each point of the closed curve; wherein the rim portion protrudes beyond the further edge at each point of the closed curve such that the rim portion extends from the further edge to the first edge by an overhang length; wherein the overhang length is measured on a side of the rim portion facing away from the first end element; wherein the overhang length along at least 50% of the third length is 30 to 100% of the height (see Fig. 7).
Regarding claims 6-8, Leser discloses a liquid tight container wherein the first
carrier layer in the first layer sequence is overlaid with a first polymer inner layer on a
side facing the container interior (see Par. 0006-0008). Examiner considers the polymeric layers to provide a barrier layer.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER R DEMEREE whose telephone number is (571)270-1982. The examiner can normally be reached 9:00 am - 5:00 pm, Monday through Friday.
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, NATHAN J NEWHOUSE can be reached at (571)272-4544. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER R DEMEREE/Primary Examiner, Art Unit 3734
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