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 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) 1-5, 7-8, 13-14, and 17-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bantleon (US 4934591 A).
Regarding claims 1, 3-4, 8, and 13-14, Bantleon discloses a cardboard container comprising a cylindrically wound jacket with end closures comprising a sidewall construct comprising a perimeter sidewall and an overlapping seam extending the height of the sidewall construct, wherein the overlapping seam comprises a first overlapping portion (12) and a second overlapping portion (12A; Examiner also notes that an associated first and second “rim portion” is located at upper ends of these seams); an upper rim formed into an upper end of the sidewall construct and extending outwardly from the perimeter sidewall (7b; see Fig. 6), the upper rim including at least a portion of the overlapping seam; and a bonding tape (13) located on the first overlapping portion; wherein an upper end of the first overlapping portion includes a corner cut (17); and wherein the bonding tape extends into a cutout region defined by the corner cut (see Fig. 3 and Col 3 lines 15-40).
Regarding claims 2 and 7, Bantleon discloses a container wherein the bonding tape comprises a first tape portion located on an inner surface of the first overlapping portion and a second tape portion located on an exterior surface of the first overlapping portion (see Fig. 2).
Regarding claims 5 and 17-19, Bantleon discloses a container wherein the upper rim includes a top rim portion extending from the perimeter sidewall, a lower rim portion positioned below the top rim portion, and an intermediate rim portion positioned between the top rim portion and the lower rim portion (see Fig. 6; Examiner considers the intermediate portion to be the outermost portion of the rim comprising the foldover).
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.
Claim(s) 9-12 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bantleon in view of Iyori et al. (US 2012/0125926 A1; hereinafter Iyori).
Regarding claims 9-12 and 15, Bantleon discloses the claimed invention except for a triangular shaped corner cut with associated shape of tape covering. Iyori teaches a retort cup wherein a bonding tape includes a triangular tape portion located in a cutout region defined by a corner cut (31/32; see Par. 0148-0151), and wherein the cutout region is located directly above at least a portion of a second rim portion (see Fig. 1). It would have been obvious to one of ordinary skill in the art at the time of Applicant’s filing to modify Bantleon’s container to have triangular shaped corner cuts in order to ensure that the entire rim circumference is flat, as taught by Iyori. Examiner further notes that the tape portion that extends over said triangular shaped corner cut would be necessarily also be triangular in shape.
Allowable Subject Matter
Claims 6, 16, and 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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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