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 Group I (claims 1-12 and 15-20) in the reply filed on August 11, 2026 is acknowledged. Claims 13-14 are withdrawn.
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.
Claims 2-8 and 15-20 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 2 recites “a centermost side in a radial direction of the tubular body” in lines 2-3. It is unclear what is meant by “centermost side.” Is it the center, or is it at a side? Is it centermost with respect to the sheet or to the tubular body? For purposes of examination, this limitation will be interpreted as “an innermost side in a radial direction of the tubular body,” which appears to be consistent with Applicant’s specification and drawings (see para. [0018] and Fig. 5).
Claim 6 recites “a third substrate layer layered on a side opposite to the first substrate layer when viewed from the second substrate layer” in lines 2-3. It is unclear what this means. Does this mean that the first substrate layer is arranged between the second and third substrate layers? To the extent the third substrate layer is inward of the first substrate layer, this seems to contradict the limitation that the first substrate layer is “on a centermost side” recited in claim 2. Applicant’s specification notes that “the third substrate layer may be located between the first substrate layer SL1 and the second substrate layer SL2 (para. [0030]). However, it is unclear how such an arrangement would have the third substrate layer “on a side opposite to the first substrate layer when viewed from the second substrate layer” as claimed. For purposes of examination, this limitation will be interpreted as “a third substrate layer arranged such that the second substrate layer is between the first substrate layer and the third substrate layer,” which appears to be consistent with the arrangement shown in Figure 28.
Claims 3-8 and 15-20 are also rejected through their dependence on a rejected parent claim (details above).
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 2, 4-7, 11, 12, 15, and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 2021123080 to Takahashi (hereinafter, “Takahashi”). Note – a copy of Takahashi is attached to the IDS dated December 6, 2024.
Regarding claim 1, Takahashi discloses a tube container (Fig. 1) comprising: a tubular body (tubular body 31, Fig. 3) including a weld portion (portion 32, Fig. 3) having a strip shape (see Fig. 3), the weld portion (portion 32) being formed by curving or bending a single sheet (sheet forming body 31, see Fig. 3) such that a first side end portion of the sheet (end 33A, Fig. 3) in a plane direction (see Fig. 3) and a second side end portion of the sheet (end 33B, Fig. 3) located opposite to the first side end portion (end 33A) are overlapped in a thickness direction of the sheet (direction into the page in Fig. 3) and then welding (see p. 21, ll. 1-6) the first side end portion (end 33A) and the second side end portion (end 33B) to each other (see p. 21, ll. 1-6); and a spout portion (head body 37, Figs. 1-2) joined to one end portion (upper side 34A, Figs. 1-3) of the tubular body (tubular body 31) in an axial direction (vertical direction in Figs. 1-2), the tubular body (tubular body 31) further including a sheet base portion (portion of tubular body 31 between ends 33A, 33B) located between the first side end portion (end 33A) and the second side end portion of the sheet (end 33B) in the plane direction (see Fig. 3), the sheet base portion (portion of tubular body 31 between ends 33A, 33B) including a first base end portion (end portion including end 33B, see Fig. 3) which is a portion continuous with the second side end portion in the sheet (end 33B), the weld portion (portion 32) including a first leading end edge (edge of end 33A, see Fig. 3) which is a leading end edge of the first side end portion (end 33A) in a circumferential direction of the tubular body (tubular body 31) and is joined to the first base end portion (end portion including end 33B), and the first leading end edge (edge of end 33A) being located within a thickness of the first base end portion (end portion including end 33B, see Figs. 3, 5a-5b) when viewed from a direction along the circumferential direction (see Figs. 3, 5a-5b).
Regarding claim 2, Takahashi further discloses the sheet (sheet forming body 31) includes a first substrate layer (sealant layer 15, Fig. 4) located on a centermost side in a radial direction of the tubular body (see Fig. 4; p. 22, ll. 27-35), the first substrate layer (sealant layer 15) contains a polyester resin as a main component (p. 24, ll. 12-20), and the first substrate layer (sealant layer 15) is formed of a non-stretched film or a uniaxially stretched film (see p. 24, ll. 12-20; p. 25, ll. 10-15).
Regarding claim 4, Takahashi further discloses the first substrate layer (sealant layer 15) contains, as a main component, a polyester resin made of a recycled material or a biomass-derived material (see p. 24, ll. 12-20; p. 25, ll. 10-15).
Regarding claim 5, Takahashi further discloses the sheet further (sheet forming body 31) includes a second substrate layer (barrier layer 14, Fig. 4) layered on the first substrate layer (sealant layer 15), the second substrate layer (barrier layer 14) containing a polyester resin as a main component (p. 24, ll. 29-33; barrier layer is PET, which is a type of polyester resin, see e.g., Applicant’s specification at para. [0019]), and the second substrate layer (barrier layer 14) is formed of a non-stretched film, a uniaxially stretched film, or a biaxially stretched film (see p. 24, ll. 29-39).
Regarding claim 6, Takahashi further discloses the sheet (sheet forming body 31) further includes a third substrate layer (adhesive layer 16, Fig. 4) layered on a side opposite to the first substrate layer (sealant layer 15) when viewed from the second substrate layer (barrier layer 14), the third substrate layer (adhesive layer 16) containing a polyester resin as a main component (p. 23, ll. 17-48), and the third substrate layer (adhesive layer 16) is formed of a non-stretched film or a uniaxially stretched film (see p. 23, ll. 17-48).
Regarding claim 7, Takahashi further discloses the tubular body (tubular body 31) includes another end portion (lower side 34B, Fig. 1) in the axial direction (vertical direction in Figs. 1-2), portions of the sheet (sheet forming tubular body 31) facing each other in a direction orthogonal to the axial direction (direction into the page in Figs. 1-2) are welded to each other (p. 21, ll. 13-16) at the another end portion (lower side 34B), whereby the tubular body (tubular body 31) is closed at the another end portion (lower side 34B, see Fig. 2), and the sheet has a thickness of 12 μm or more and 300 μm or less (see e.g., p. 28, ll. 7-14; total laminate layer thickness is between 12 μm and 300 μm).
Regarding claim 11, Takahashi further discloses a cap portion (cap 20, Figs. 1-2) detachably attached to the spout portion (body 37), wherein the spout portion (body 37) includes a spout port (mouth portion 36, Figs. 1-2) allowing an inside and an outside of the tube container (see Figs. 1-2) to communicate with each other (see Figs. 1-2), and a shoulder portion (shoulder portion 35, Figs. 1-2) connecting the spout port (mouth portion 36) and the one end portion of the tubular body (upper side 34A), the cap portion (cap 20) includes a top surface portion (top surface of cap 20, see Figs. 1-2) in contact with the spout port (mouth portion 36), and a circumferential side portion (side portion of cap 20, see Figs. 1-2) located around the spout portion (mouth portion 36) while extending from a circumferential end edge (outer circumferential edge) of the top surface portion (top surface of cap 20) when viewed from the axial direction (vertical direction in Figs. 1-2), the top surface portion (top surface of cap 20) includes a fitting portion (portion contacting mouth portion 36) fitted to the spout port (mouth portion 36), and an annular end surface portion (outer circumferential edge of cap 20) being located so as to surround the fitting portion (portion contacting mouth portion 36) and being continuous with the circumferential side portion (side portion of cap 20) when viewed from the axial direction (vertical direction in Figs. 1-2), and at least a part of the annular end surface portion (outer circumferential edge of cap 20) is located farther away from the tubular body (tubular body 31) in the axial direction than the fitting portion (see Figs. 1-2).
Regarding claim 12, Takahashi discloses a tube container (container 30, Fig. 2) with a content (content 38, Fig. 2), comprising: the tube container according to claim 1 (see rejection of claim 1 above); and a content (content 38, Fig. 2) accommodated in the tube container (see Fig. 2), the content (content 32) containing at least one of an oil-soluble compound, an oily component, a volatile oily component, and a flavoring agent or a sweetener, or a surfactant (p. 21, ll. 13-16; see also Applicant’s Specification at paras. [0065]-[0071]).
Regarding claim 15, Takahashi further discloses the tubular body (tubular body 31) includes another end portion (lower side 34B, Fig. 1) in the axial direction (vertical direction in Figs. 1-2), portions of the sheet (sheet forming tubular body 31) facing each other in a direction orthogonal to the axial direction (direction into the page in Figs. 1-2) are welded to each other (p. 21, ll. 13-16) at the another end portion (lower side 34B), whereby the tubular body (tubular body 31) is closed at the another end portion (lower side 34B, see Fig. 2), and the sheet has a thickness of 12 μm or more and 300 μm or less (see e.g., p. 28, ll. 7-14; total laminate layer thickness is between 12 μm and 300 μm).
Regarding claim 16, Takahashi further discloses the tubular body (tubular body 31) includes another end portion (lower side 34B, Fig. 1) in the axial direction (vertical direction in Figs. 1-2), portions of the sheet (sheet forming tubular body 31) facing each other in a direction orthogonal to the axial direction (direction into the page in Figs. 1-2) are welded to each other (p. 21, ll. 13-16) at the another end portion (lower side 34B), whereby the tubular body (tubular body 31) is closed at the another end portion (lower side 34B, see Fig. 2), and the sheet has a thickness of 12 μm or more and 300 μm or less (see e.g., p. 28, ll. 7-14; total laminate layer thickness is between 12 μm and 300 μm).
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 3, 8-10, and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Takahashi as applied to claims 1, 2, and 4-6 above, and in further view of U.S. Pub. 2021/0039860 to Kuragano et al. (hereinafter, “Kuragano”).
Regarding claim 3, Takahashi does not expressly disclose the first substrate layer contains amorphous polyethylene terephthalate as a main component.
Kuragano teaches a similar container comprising a weld portion formed by bending a sheet (see e.g., Fig. 3; para. [0030]). Kuragano teaches the sheet includes a first substrate layer (see Fig. 3; para. [0044]). Kuragano teaches that the first substrate layer may container amorphous polyethylene terephthalate as a main component (para. [0044]).
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 the container of Takahashi to have the first substrate layer be amorphous polyethylene terephthalate because Kuragano teaches APET is a suitable material (para. [0044]) and the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144.07).
Regarding claim 8, Takahashi further discloses the spout portion (body 37) is made of a resin composition (p. 21, ll. 17-32), the spout portion (body 37) includes a spout port (mouth portion 36, Figs. 1-2) allowing an inside and an outside of the tube container (see Figs. 1-2) to communicate with each other (see Figs. 1-2), and a shoulder portion (shoulder portion 35, Figs. 1-2) connecting the spout port (mouth portion 36) and the one end portion of the tubular body (upper side 34A), the shoulder portion (shoulder portion 35) includes a joint end portion (bottom end of shoulder portion 35, see Figs. 1-2) joined to the first substrate layer (sealant layer 15) constituting an inner circumferential surface (see Figs. 1-2, 4) of the one end portion of the tubular body (upper side 34A).
Takahashi does not expressly disclose the spout portion is made of a resin containing a polyester resin as a main component.
Kuragano teaches a similar container comprising a weld portion formed by bending a sheet (see e.g., Fig. 3; para. [0030]). Kuragano teaches the container includes a spout portion having a spout port and a spout shoulder (spout 103, Figs. 1-2). Kuragano teaches that the spout portion may be made from the same resin as the sheet, which may be amorphous polyethylene terephthalate (paras. [0035], [0044]). Applicant’s specification notes that polyethylene terephthalate is a polyester resin (Specification at para. [0019]). Kuragano further teaches that this material increases recyclability of the container (para. [0035]).
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 the container of Takahashi to have the spout portion be made of polyester resin for the purpose of increasing recyclability of the container, as recognized by Kuragano (para. [0035]), and because Kuragano teaches polyester resin is a suitable material (paras. [0035], [0044]) and the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144.07).
Regarding claim 9, Takahashi further discloses the spout portion (head body 37) is made of a resin composition (p. 21, ll. 17-32).
Takahashi does not expressly disclose the spout portion is made of a resin composition containing amorphous polyethylene terephthalate as a main component.
Kuragano teaches a similar container comprising a weld portion formed by bending a sheet (see e.g., Fig. 3; para. [0030]). Kuragano teaches the container includes a spout portion having a spout port and a spout shoulder (spout 103, Figs. 1-2). Kuragano teaches that the spout portion may be made from the same resin as the sheet, which may be amorphous polyethylene terephthalate (paras. [0035], [0044]). Applicant’s specification notes that polyethylene terephthalate is a polyester resin (Specification at para. [0019]). Kuragano further teaches that this material increases recyclability of the container (para. [0035]).
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 the container of Takahashi to have the spout portion be made of amorphous polyethylene terephthalate for the purpose of increasing recyclability of the container, as recognized by Kuragano (para. [0035]), and because Kuragano teaches amorphous polyethylene terephthalate is a suitable material (paras. [0035], [0044]) and the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144.07).
Regarding claim 10, Takahashi further discloses the spout portion (head body 37) is made of a resin composition (p. 21, ll. 17-32).
Takahashi does not expressly disclose the spout portion is produced from a recycled material or a biomass-derived material.
Kuragano teaches a similar container comprising a weld portion formed by bending a sheet (see e.g., Fig. 3; para. [0030]). Kuragano teaches the container includes a spout portion having a spout port and a spout shoulder (spout 103, Figs. 1-2). Kuragano teaches that the spout portion may be made from the same resin as the sheet, which may be amorphous polyethylene terephthalate (paras. [0035], [0044]). Applicant’s specification notes that polyethylene terephthalate is a polyester resin (Specification at para. [0019]). Kuragano teaches that the resin material may be a biomass material (para. [0044]). Kuragano further teaches that this material increases recyclability of the container (para. [0035]).
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 the container of Takahashi to have the spout portion be made of a biomass-derived material for the purpose of increasing recyclability of the container, as recognized by Kuragano (para. [0035]), and because Kuragano teaches biomass materials are a suitable material (paras. [0035], [0044]) and the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144.07).
Regarding claim 17, Takahashi further discloses the spout portion (body 37) is made of a resin composition (p. 21, ll. 17-32), the spout portion (body 37) includes a spout port (mouth portion 36, Figs. 1-2) allowing an inside and an outside of the tube container (see Figs. 1-2) to communicate with each other (see Figs. 1-2), and a shoulder portion (shoulder portion 35, Figs. 1-2) connecting the spout port (mouth portion 36) and the one end portion of the tubular body (upper side 34A), the shoulder portion (shoulder portion 35) includes a joint end portion (bottom end of shoulder portion 35, see Figs. 1-2) joined to the first substrate layer (sealant layer 15) constituting an inner circumferential surface (see Figs. 1-2, 4) of the one end portion of the tubular body (upper side 34A).
Takahashi does not expressly disclose the spout portion is made of a resin containing a polyester resin as a main component.
Kuragano teaches a similar container comprising a weld portion formed by bending a sheet (see e.g., Fig. 3; para. [0030]). Kuragano teaches the container includes a spout portion having a spout port and a spout shoulder (spout 103, Figs. 1-2). Kuragano teaches that the spout portion may be made from the same resin as the sheet, which may be amorphous polyethylene terephthalate (paras. [0035], [0044]). Applicant’s specification notes that polyethylene terephthalate is a polyester resin (Specification at para. [0019]). Kuragano further teaches that this material increases recyclability of the container (para. [0035]).
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 the container of Takahashi to have the spout portion be made of polyester resin for the purpose of increasing recyclability of the container, as recognized by Kuragano (para. [0035]), and because Kuragano teaches polyester resin is a suitable material (paras. [0035], [0044]) and the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144.07).
Regarding claim 18, Takahashi further discloses the spout portion (body 37) is made of a resin composition (p. 21, ll. 17-32), the spout portion (body 37) includes a spout port (mouth portion 36, Figs. 1-2) allowing an inside and an outside of the tube container (see Figs. 1-2) to communicate with each other (see Figs. 1-2), and a shoulder portion (shoulder portion 35, Figs. 1-2) connecting the spout port (mouth portion 36) and the one end portion of the tubular body (upper side 34A), the shoulder portion (shoulder portion 35) includes a joint end portion (bottom end of shoulder portion 35, see Figs. 1-2) joined to the first substrate layer (sealant layer 15) constituting an inner circumferential surface (see Figs. 1-2, 4) of the one end portion of the tubular body (upper side 34A).
Takahashi does not expressly disclose the spout portion is made of a resin containing a polyester resin as a main component.
Kuragano teaches a similar container comprising a weld portion formed by bending a sheet (see e.g., Fig. 3; para. [0030]). Kuragano teaches the container includes a spout portion having a spout port and a spout shoulder (spout 103, Figs. 1-2). Kuragano teaches that the spout portion may be made from the same resin as the sheet, which may be amorphous polyethylene terephthalate (paras. [0035], [0044]). Applicant’s specification notes that polyethylene terephthalate is a polyester resin (Specification at para. [0019]). Kuragano further teaches that this material increases recyclability of the container (para. [0035]).
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 the container of Takahashi to have the spout portion be made of polyester resin for the purpose of increasing recyclability of the container, as recognized by Kuragano (para. [0035]), and because Kuragano teaches polyester resin is a suitable material (paras. [0035], [0044]) and the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144.07).
Regarding claim 19, Takahashi further discloses the spout portion (head body 37) is made of a resin composition (p. 21, ll. 17-32).
Takahashi as modified above does not expressly disclose the spout portion is made of a resin composition containing amorphous polyethylene terephthalate as a main component.
Kuragano teaches a similar container comprising a weld portion formed by bending a sheet (see e.g., Fig. 3; para. [0030]). Kuragano teaches the container includes a spout portion having a spout port and a spout shoulder (spout 103, Figs. 1-2). Kuragano teaches that the spout portion may be made from the same resin as the sheet, which may be amorphous polyethylene terephthalate (paras. [0035], [0044]). Applicant’s specification notes that polyethylene terephthalate is a polyester resin (Specification at para. [0019]). Kuragano further teaches that this material increases recyclability of the container (para. [0035]).
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 the container of Takahashi to have the spout portion be made of amorphous polyethylene terephthalate for the purpose of increasing recyclability of the container, as recognized by Kuragano (para. [0035]), and because Kuragano teaches amorphous polyethylene terephthalate is a suitable material (paras. [0035], [0044]) and the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144.07).
Regarding claim 20, Takahashi further discloses the spout portion (head body 37) is made of a resin composition (p. 21, ll. 17-32).
Takahashi does not expressly disclose the spout portion is produced from a recycled material or a biomass-derived material.
Kuragano teaches a similar container comprising a weld portion formed by bending a sheet (see e.g., Fig. 3; para. [0030]). Kuragano teaches the container includes a spout portion having a spout port and a spout shoulder (spout 103, Figs. 1-2). Kuragano teaches that the spout portion may be made from the same resin as the sheet, which may be amorphous polyethylene terephthalate (paras. [0035], [0044]). Applicant’s specification notes that polyethylene terephthalate is a polyester resin (Specification at para. [0019]). Kuragano teaches that the resin material may be a biomass material (para. [0044]). Kuragano further teaches that this material increases recyclability of the container (para. [0035]).
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 the container of Takahashi to have the spout portion be made of a biomass-derived material for the purpose of increasing recyclability of the container, as recognized by Kuragano (para. [0035]), and because Kuragano teaches biomass materials are a suitable material (paras. [0035], [0044]) and the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144.07).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: U.S. Pub. 2018/0208337 to Watanabe et al.; U.S. Pub. 2022/0340324 to Bashir et al.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAURA E. PARKER whose telephone number is (571)272-6014. The examiner can normally be reached Monday-Friday 8:00 am - 4:30 pm EST.
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/LAURA E. PARKER/Primary Examiner, Art Unit 3733
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