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 .
Claims 1-26 are pending.
Claims 1-11 have been examined.
Election/Restrictions
Claims 12-26 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected product claims, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 2/5/2026.
Claim Rejections - 35 USC § 103
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2022/0041340 A1 (PUCCI) in view of US 4121897 A (DUHNRACK) and US 5755347 A (INGRAM).
Re 1, PUCCI teaches of a method for making a cap for a container ([0001]), comprising the steps of:
- inserting in a mould ([0089], male and female mold parts) a material in a solid state ([0046, 0089]) or in the form of a solid dispersed in a liquid,;
- pressing the material in the mould ([0089]), to obtain a cup-shaped component, the cup-shaped component (see Fig. 1-13) having a skirt ((6), see Fig. 2) which extends around an axis (see Fig. 4) and an end wall which closes the skirt at one end thereof (see 25);
- making ([0054]) on the skirt (6) at least one breakable line (15) which at least partly surrounds the axis to define on the cup-shaped component (1) a closure body and an annular band ((8), Fig. 1);
PUCCI does teach in background info of caps having cellulose based material that are in pasty form that are molded, see [0004].
PUCCI does not teach of “said material containing at least 70% cellulose by weight”, and a step of “folding a portion of the annular band inwards towards the inside of the cup- shaped component, to obtain at least one retaining element which projects inwards towards the inside of the annular band so as to keep the annular band associated with a neck of the container.”
Regarding the material with at least 70% cellulose by weight, see teaching by DUHNRACK in the Background info, Col. 3, lines 10-17, regarding solid molded polymeric articles that include fillers that can be of cellulose. See also in Col. 3, lines 40-68, of molded articles include bottle caps, see line 43, and of the cellulose used that is not more than 75 wt percent, see lines 65-68, in compression type die or press in forming the molded article. Wherein, the cellulose filler are useful for printed on of color design, decorations, symbols, and words, see Col. 1, lines 13-54.
It would have been obvious for one of ordinary skill in the art to have modified the molding process of PUCCI to incorporate the molding material with the cellulose filler teaching by DUHNRACK as a known filler used in bottle cap molding and wherein the cellulose filler allowing for printing of designs.
Regarding the step of folding, INGRAM teaches of molding cap closures that includes a bending of a flange section 40, see Figs. 8A, 8B, see folding along hinge 41, and in Figs. 16-18, as it allows for thickening of the side edges to provide rigidity to a segment while permitting circumferential flexing so that it may conform with the finish, see Col. 7, lines 1-8. As seen in the Figures of INGRAM, the flexible hinged portion allowing for ease in removal from the mandrel after molding and then folding over that provides the additional side rigidity of the cap when closing the container.
It would have been obvious for one of ordinary skill in the art to have further modify the molding processes of the modified PUCCI to incorporate the folding step taught by INGRAM in providing additional rigidity to the sides in the closure.
Re 2 (upon 1), and further PUCCI teaches of comprising the step of making a plurality of cut lines which extend transversally to a free edge of the skirt in an end region of the skirt opposite to the end wall (see cutting tool that forms the separating line 10, see [0097]), and
“wherein the portion of the annular band which is folded inwards towards the inside of the cup-shaped component to obtain the retaining element is a tab defined between two consecutive cut lines.” (see in INGRAM of the tabs, see 43, see Figs. 26 and 32, that are along the annular band and folded inwards)
Re 3 (upon 2), wherein PUCCI teaches of each cut line (separating line 10) is located on the annular band and has a first end at a distance from the breakable line and a second end arranged at the free edge. (see PUCCI Figs. 6-8)
Re 4 (upon 2), wherein PUCCI teaches of the cut lines are made with a cutting operation performed on the cup-shaped component by a cutting blade or by laser cutting (see cutting tool [0097]).
Re 5 (upon 2), wherein two adjacent tabs are separated by a common cut line which defines on two adjacent tabs respective sides, and wherein said sides are at least partly superposed or interfering with each other, after the tabs have been folded inwards towards the inside of the cup-shaped component. (see in INGRAM of the tabs 43 and separated by the hinged portion 41, recesses 60, see Fig. 26 and 32)
Re 6 (upon 2), wherein two adjacent tabs are separated by two consecutive distinct cut lines, so that when two adjacent tabs are folded inwards towards the inside of the cup-shaped component, a space remains defined between the two adjacent tabs. (see INGRAM with the tabs 43, see Fig. 32 with the space between the tabs)
Re 7 (upon 6), and further comprising the step of removing a piece of material of the skirt interposed between two consecutive distinct cut lines, and wherein the piece of material of the skirt is removed by making a transversal cut between the two consecutive distinct cut lines. (See teaching by INGRAM concerning the use of a knife for scoring for the tamper band, see Col. 2, lines 23-31, and further of the teaching of the scoring operation, see Col. 5, lines 60-64, and as seen along the line the scoring includes distinct consecutive lines along the skirt, see Figures.)
Re 8 (upon 7), wherein the transversal cut joins respective inner points of the two consecutive distinct cut lines, so as to leave an intermediate element which extends as a continuation of the skirt between two adjacent folded tabs. (The transversal cuts via the spaces 5 between the tabs 43 of INGRAM, see Fig. 26, and matches with an intermediate element 64, see Fig. 29 in relation to the folded tabs.)
Re 9 (upon 1), and further comprising the step of forming an intended folding line in a position along which the portion of the annular band is intended to be folded, so as to facilitate folding of the portion of the annular band inwards towards the inside of the cup-shaped component. (see the hinge line teaching by INGRAM)
Re 10 (upon 1), wherein the material in the solid state is inserted in the mould in a form selected from the group consisting of powder, granules, solid film, fluff, and airlaid structure. (see teaching by PUCCI of powder or pasty form, see [0004])
Re 11 (upon 1), wherein the material in the form of a solid dispersed in a liquid is in the pasty state when it is inserted in the mould (see in PUCCI background info of pasty form with material having cellulose fibers [0004]).
Claim(s) 1-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 5755347 A (INGRAM) in view of US 4121897 A (DUHNRACK).
Re 1, INGRAM teaches of a method for making a cap for a container (abstract), comprising the steps of:
- inserting in a mould (see teaching of injection or compression molding) a material in a solid state or in the form of a solid dispersed in a liquid (see teaching of injection molding or compression molding),;
- pressing the material in the mould (compression molding teaching), to obtain a cup-shaped component, the cup-shaped component (see Fig.s 4-7) having a skirt (34) which extends around an axis (see Fig. 4-6) and an end wall which closes the skirt at one end thereof (33);
- making on the skirt (34) at least one breakable line (scoreline 36) which at least partly surrounds the axis to define on the cup-shaped component a closure body and an annular band (see Figs. 4-7);
-folding a portion of the annular band inwards towards the inside of the cup- shaped component, to obtain at least one retaining element which projects inwards towards the inside of the annular band so as to keep the annular band associated with a neck of the container (see Figs. 8A, 8B, see folding along hinge 41).
INGRAM does not teach of “said material containing at least 70% cellulose by weight”.
Regarding the material with at least 70% cellulose by weight, see teaching by DUHNRACK in the Background info, Col. 3, lines 10-17, regarding solid molded polymeric articles that include fillers that can be of cellulose. See also in Col. 3, lines 40-68, of molded articles include bottle caps, see line 43, and of the cellulose used that is not more than 75 wt percent, see lines 65-68, in compression type die or press in forming the molded article. Wherein, the cellulose filler are useful for printed on of color design, decorations, symbols, and words, see Col. 1, lines 13-54.
It would have been obvious for one of ordinary skill in the art to have modified the molding process of INGRAM to incorporate the molding material with the cellulose filler teaching by DUHNRACK as a known filler used in bottle cap molding and wherein the cellulose filler allowing for printing of designs.
Re 2 (upon 1), and further comprising the step of making a plurality of cut lines which extend transversally to a free edge of the skirt in an end region of the skirt opposite to the end wall (see INGRAM of scoreline, see 36, and use of a knife for scoring for the tamper band, see Col. 2, lines 23-31, and further of the teaching of the scoring operation, see Col. 5, lines 60-64), and
“wherein the portion of the annular band which is folded inwards towards the inside of the cup-shaped component to obtain the retaining element is a tab defined between two consecutive cut lines.”
(see INGRAM Figs.4-6, and see hinge portion 41)
Re 3 (upon 2), wherein each cut line (separating line 10) is located on the annular band and has a first end at a distance from the breakable line and a second end arranged at the free edge. (see INGRAM Figs. 6-8)
Re 4 (upon 2), wherein the cut lines are made with a cutting operation performed on the cup-shaped component by a cutting blade or by laser cutting (see in INGRAM use of a knife for scoring for the tamper band, see Col. 2, lines 23-31, and further of the teaching of the scoring operation, see Col. 5, lines 60-64).
Re 5 (upon 2), wherein two adjacent tabs are separated by a common cut line which defines on two adjacent tabs respective sides, and wherein said sides are at least partly superposed or interfering with each other, after the tabs have been folded inwards towards the inside of the cup-shaped component. (see in INGRAM of the tabs 43 and separated by the hinged portion 41, recesses 60, see Fig. 26 and 32.)
Re 6 (upon 2), wherein two adjacent tabs are separated by two consecutive distinct cut lines, so that when two adjacent tabs are folded inwards towards the inside of the cup-shaped component, a space remains defined between the two adjacent tabs. (see INGRAM with the tabs 43, see Fig. 32 with the space between the tabs.)
Re 7 (upon 6), and further comprising the step of removing a piece of material of the skirt interposed between two consecutive distinct cut lines, and wherein the piece of material of the skirt is removed by making a transversal cut between the two consecutive distinct cut lines. (See teaching by INGRAM concerning the use of a knife for scoring for the tamper band, see Col. 2, lines 23-31, and further of the teaching of the scoring operation, see Col. 5, lines 60-64, and as seen along the line the scoring includes distinct consecutive lines along the skirt, see Figures.)
Re 8 (upon 7), wherein the transversal cut joins respective inner points of the two consecutive distinct cut lines, so as to leave an intermediate element which extends as a continuation of the skirt between two adjacent folded tabs. (The transversal cuts via the spaces 5 between the tabs 43 of INGRAM, see Fig. 26, and matches with an intermediate element 64, see Fig. 29 in relation to the folded tabs.)
Re 9 (upon 1), and further comprising the step of forming an intended folding line in a position along which the portion of the annular band is intended to be folded, so as to facilitate folding of the portion of the annular band inwards towards the inside of the cup-shaped component. (see in INGRAM teaching of hinge portion 41 and the folding, see Figs. 4-5)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892 form, of particular note:
US 2020/0377437 A1 (COTTI) teaches of fillers that are preferably of cellulose [0125], and polyesters include polyethylene glycols, polypropylene glycols, see [0123].
US 2010/0032402 A1 (WIDMER) teaches of closures with tamper band 4 and skirt 3 for the cap 1, see [0083], the closure being made by injection or compression molding from plastic material such as polyethylene or polypropylene, see [0085].
US 8353413 B2 (EKKERT) teaches of closure cap with tamper ring and includes folded over portions.
US 2011/0204015 A1 (WEST) teaches of paper jar packaging includes cap.
US 2023/0264864 A1 (HOFMANN) teaches of cap made of paper and includes some folded over portions, see reinforcing element 301, 401, and flange region 103.
US 2020/0063373 A1 (PARKER) teaches of molded articles from a fiber slurry.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMMANUEL S LUK whose telephone number is (571)272-1134. The examiner can normally be reached Monday-Friday 9 to 5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Xiao S Zhao can be reached at 571-270-5343. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EMMANUEL S LUK/Primary Examiner, Art Unit 1744
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