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 February 24, 2026 wherein: claim(s) 1-3 were amended, and claim(s) 16 is new. Examiner notes amendments in claim(s) are directed to overcome rejections under 35 USC § 103. Therefore, claim(s) 1-16 are pending and will be examined.
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) 1-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over ZÜRCHER et al. (E. P. O. Patent EP3943408B1) hereinafter ZÜRCHER, in further view of Minnette et al. (W. I. P. O. Patent WO2020206215A1) hereinafter MINNETTE.
Regarding claim 1, ZÜRCHER teaches (see Fig. 1 - Fig. 2, Fig. 3A, Fig. 3B, Fig. 3C, Fig. 6A below) an opening device 1 for a package (page 1, Claim 1, line 1, “... package...”) having a designated pour opening covered with a separation membrane and filled with a pourable product;
the opening device 1 comprises at least:
a collar 15 delimiting a flow channel Z3A-01 extending between an inlet opening Z3A-02 of the collar 15 configured to allow for an inflow Z2-02 of the pourable product into the flow channel Z3A-01 and a pouring outlet Z2-01 of the collar 15 configured to allow for an outflow Z2-03 of the pourable product from the flow channel Z3A-01; and
a cutter 3 configured to break the separation membrane and being at least partially arranged within the flow channel Z3A-01;
wherein the collar 15 comprises an inner surface Z2-04 facing the flow channel Z3A-01;
wherein the opening device 1 further comprises a retaining device 11, 19 configured to block movement of the cutter 3 out of the flow channel Z3A-01 and through the pouring outlet Z2-01;
wherein the retaining device 11, 19 comprises a retaining group 17, 18, 19, 21 protruding from the inner surface Z2-04 of the collar 15 and an interaction group 11, 12 connected to the cutter 3;
wherein the retaining group 17, 18, 19, 21 and the interaction group 11, 12 are configured to interact with one another so as to block movement of the cutter 3 out of the flow channel Z3A-01 and through the pouring outlet Z2-01.
ZÜRCHER further teaches wherein the retaining group 17, 18, 19, 21 comprises one or more retaining elements 19, and wherein each of the one or more retaining elements 19 is connected to the inner surface Z2-04 of the collar 15, protrudes from the inner surface Z2-04 of the collar 15 towards the flow channel Z3A-01, and includes a wall Z2-05 having a first face delimiting the flow channel Z3A-01.
ZÜRCHER fails to teach retaining elements 19 is a hollow retaining elements 19.
ZÜRCHER fails to teach wall Z2-05 having a second face opposite to the first face delimiting a respective cavity.
However, MINNETTE teaches (see FIG. 1, FIG. 5, FIG. 9 - FIG. 11 below) a tethered cap and spout combination 100 wherein the retaining group M11-01 comprises one or more retaining elements M10-01, and wherein each of the one or more retaining elements M10-01 is connected to the inner surface of the collar M10-02, protrudes from the inner surface of the collar M10-02 towards the flow channel, and includes a wall M11-02 having a first face delimiting the flow channel for securement purposes.
MINNETTE fails to teach retaining elements M10-01 is a hollow retaining elements M10-01.
MINNETTE fails to teach wall M11-02 having a second face opposite to the first face delimiting a respective cavity.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified retaining elements 19 in the opening device 1 of ZÜRCHER with retaining elements M10-01 as taught in the tethered cap and spout combination 100 of MINNETTE for securement purposes.
Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified retaining elements M10-01 in the opening device 1 of ZÜRCHER and MINNETTE with a hollow retaining elements M10-01 (comprising a wall M11-02 having a second face opposite to the first face delimiting a respective cavity) towards meetings design requirements since a change of form / shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ47.
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Regarding claim 2, ZÜRCHER and MINNETTE (as applied to claim 1 above) teaches all the limitations of the claim. The combination of ZÜRCHER (see Fig. 1 - Fig. 2, Fig. 3A, Fig. 3B, Fig. 3C, Fig. 6A above) and MINNETTE (see FIG. 1, FIG. 5, FIG. 9 - FIG. 11 above) further teaches opening device 1, wherein each retaining elements 19 is formed as a hollow protuberance and/or each retaining element 19 comprises the respective cavity.
Regarding claim 3, ZÜRCHER and MINNETTE (as applied to claim 1 above) teaches all the limitations of the claim. The combination of ZÜRCHER (see Fig. 1 - Fig. 2, Fig. 3A, Fig. 3B, Fig. 3C, Fig. 6A above) and MINNETTE (see FIG. 1, FIG. 5, FIG. 9 - FIG. 11 above) further teaches opening device 1,
wherein each retaining element 19 comprises a curved solid wall Z2-05;
wherein the solid wall Z2-05 protrudes towards a center Z3B-01 of the collar 15;
wherein each curved solid wall Z2-05 defines a hollow protuberance and/or delimits the cavity.
Regarding claim 4, ZÜRCHER and MINNETTE (as applied to claim 3 above) teaches all the limitations of the claim. ZÜRCHER further teaches (see Fig. 1 - Fig. 2, Fig. 3A, Fig. 3B, Fig. 3C, Fig. 6A above) opening device 1, wherein each solid wall Z2-05 is integral to an inner surface Z2-06 of the collar 15.
Regarding claim 5, ZÜRCHER and MINNETTE (as applied to claim 3 above) teaches all the limitations of the claim. ZÜRCHER further teaches (see Fig. 1 - Fig. 2, Fig. 3A, Fig. 3B, Fig. 3C, Fig. 6A above) opening device 1, wherein each solid wall Z2-05 has a thickness, which corresponds to a thickness of at least a portion of the collar 15.
Regarding claim 6, ZÜRCHER and MINNETTE (as applied to claim 1 above) teaches all the limitations of the claim. ZÜRCHER further teaches (see Fig. 1 - Fig. 2, Fig. 3A, Fig. 3B, Fig. 3C, Fig. 6A above) opening device 1, wherein each retaining element 19 is convexly shaped towards a center Z3B-01 of the collar 15.
Regarding claim 7, ZÜRCHER and MINNETTE (as applied to claim 1 above) teaches all the limitations of the claim. ZÜRCHER fails to teach (see Fig. 1 - Fig. 2, Fig. 3A, Fig. 3B, Fig. 3C, Fig. 6A above) opening device 1, wherein each retaining element 19 defines a respective indentation and/or within an outer surface Z2-07 of the collar 15.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified form of retaining element 19 [to define a respective indentation and/or within an outer surface Z2-07 of the collar 15] in the opening device 1 of ZÜRCHER and MINNETTE to meet design requirements since a change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ47.
Regarding claim 8, ZÜRCHER and MINNETTE (as applied to claim 1 above) teaches all the limitations of the claim. ZÜRCHER further teaches (see Fig. 1 - Fig. 2, Fig. 3A, Fig. 3B, Fig. 3C, Fig. 6A above) opening device 1, wherein each retaining element 19 is arc-shaped.
Regarding claim 9, ZÜRCHER and MINNETTE (as applied to claim 1 above) teaches all the limitations of the claim. ZÜRCHER further teaches (see Fig. 1 - Fig. 2, Fig. 3A, Fig. 3B, Fig. 3C, Fig. 6A above) opening device 1, wherein the interaction group 11, 12 comprises at least one interaction element 11 radially protruding from the cutter 3.
Regarding claim 10, ZÜRCHER and MINNETTE (as applied to claim 1 above) teaches all the limitations of the claim. ZÜRCHER further teaches (see Fig. 1 - Fig. 2, Fig. 3A, Fig. 3B, Fig. 3C, Fig. 6A above) opening device 1, wherein the retaining group 17, 18, 19, 21 comprises at least two retaining elements 19 being angularly displaced from one another about a central axis (A) of the collar 15.
Regarding claim 11, ZÜRCHER and MINNETTE (as applied to claim 1 above) teaches all the limitations of the claim. ZÜRCHER further teaches (see Fig. 1 - Fig. 2, Fig. 3A, Fig. 3B, Fig. 3C, Fig. 6A above) opening device 1,
wherein the retaining group 17, 18, 19, 21 comprises an abutment surface 19 and the interaction group 11, 12 comprises an engagement surface 11;
wherein the engagement surface 11 is configured to abut against the abutment surface 19 so as to block the movement of the cutter 3 out of the flow channel Z3A-01 and through the pouring outlet Z2-01.
Regarding claim 12, ZÜRCHER and MINNETTE (as applied to claim 1 above) teaches all the limitations of the claim. ZÜRCHER further teaches (see Fig. 1 - Fig. 2, Fig. 3A, Fig. 3B, Fig. 3C, Fig. 6A above) opening device 1, wherein the retaining group 17, 18, 19, 21 is integrally connected to the collar 15 and/or the interaction group 11, 12 is integrally connected to the cutter 3.
Regarding claim 13, ZÜRCHER and MINNETTE (as applied to claim 1 above) teaches all the limitations of the claim. ZÜRCHER further teaches (see Fig. 1 - Fig. 2, Fig. 3A, Fig. 3B, Fig. 3C, Fig. 6A above) opening device 1, wherein the cutter 3 is arrangeable in a rest position (Fig. 3A)in which the cutter 3 is detached from the separation membrane and an active position (Fig. 6A) in which the cutter 3 is configured to break the separation membrane;
the opening device 1 further comprises an actuation device 9 configured to actuate movement of the cutter 3 from the rest position (Fig. 3A) to the active position (Fig. 6A).
Regarding claim 14, ZÜRCHER and MINNETTE (as applied to claim 1 above) teaches all the limitations of the claim. ZÜRCHER further teaches (see Fig. 1 - Fig. 2, Fig. 3A, Fig. 3B, Fig. 3C, Fig. 6A above) opening device 1, and further comprising:
a base frame 16 configured to be fitted and/or being fitted on the main body (page 5, lines 37-38, “... composite package...”) and about the designated pour opening and carrying collar 15; and
a closure 2 configured to selectively open and close the pouring outlet Z2-01.
Regarding claim 15, ZÜRCHER and MINNETTE (as applied to claim 1 above) teaches all the limitations of the claim. ZÜRCHER further teaches (see Fig. 1 - Fig. 2, Fig. 3A, Fig. 3B, Fig. 3C, Fig. 6A above) a package (page 1, Claim 1, line 1, “... package...”) comprising:
a main body (page 5, lines 37-38, “... composite package...”) filled with a pourable product and having a designated pour opening covered with a separation membrane; and
an opening device 1 fitted about the designated pour opening.
Regarding claim 16, ZÜRCHER teaches (see Fig. 1 - Fig. 2, Fig. 3A, Fig. 3B, Fig. 3C, Fig. 6A below)
an opening device 1 for a package (page 1, Claim 1, line 1, “... package...”) having a designated pour opening covered with a separation membrane and filled with a pourable product;
the opening device 1 comprises at least:
a collar 15 delimiting a flow channel Z3A-01 extending between an inlet opening Z3A-02 of the collar 15 configured to allow for an inflow Z2-02 of the pourable product into the flow channel Z3A-01 and a pouring outlet Z2-01 of the collar 15 configured to allow for an outflow Z2-03 of the pourable product from the flow channel Z3A-01; and
a cutter 3 configured to break the separation membrane and being at least partially arranged within the flow channel Z3A-01;
wherein the collar 15 comprises an inner surface Z2-04 facing the flow channel Z3A-01;
wherein the opening device 1 further comprises a retaining device 17, 18, 19, 21 configured to block movement of the cutter 3 out of the flow channel Z3A-01 and through the pouring outlet Z2-01;
wherein the retaining device 17, 18, 19, 21 comprises a retaining group 19 protruding from the inner surface Z2-04 of the collar 15 and an interaction group 11, 12 connected to the cutter 3;
wherein the retaining group 19 and the interaction group 11, 12 are configured to interact with one another so as to block movement of the cutter 3 out of the flow channel Z3A-01 and through the pouring outlet Z2-01; and
wherein the retaining group 19 comprises one or more retaining elements 19 protruding toward a center of the collar 15.
ZÜRCHER fails to teach retaining elements 19 is a hollow retaining elements 19.
However, MINNETTE teaches (see FIG. 1, FIG. 5, FIG. 9 - FIG. 11 above) a tethered cap and spout combination 100 wherein the retaining group M11-01 comprises one or more retaining elements M10-01 protruding toward a center of the collar M10-02 for securement purposes.
MINNETTE fails to teach retaining elements M10-01 is a hollow retaining elements M10-01.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified retaining elements 19 in the opening device 1 of ZÜRCHER with retaining elements M10-01 as taught in the tethered cap and spout combination 100 of MINNETTE for securement purposes.
Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified retaining elements M10-01 in the opening device 1 of ZÜRCHER and MINNETTE with a hollow retaining elements M10-01 towards meetings design requirements since a change of form / shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ47.
Response to Arguments
Applicant's amendments / arguments regarding rejections under 35 USC § 103 in the reply filed February 24, 2026 of claim(s) 1-15 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:
Matsui et al. (U. S. Patent US5141133A): Teaches a “plug” with similar characteristics as the claimed invention.
Weist (W. I. P. O. Patent Application Publication WO2003101843A1): Teaches a “closure” with similar characteristics as the claimed invention.
Ott (W. I. P. O. Patent Application Publication WO2006050624A1): Teaches a “closure” 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
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