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
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) 1-6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Grosjean (US 3,595,441).
1: Grosjean teaches a container (container 20, generally shown in Figures 1-9), comprising: a main body (main body shown between 22 and 24, inclusive, Figure 1) having a front wall (see Figure 1 below), a back wall (see Figure 1 below), a top wall (top wall 22), a pair of side walls (see Figure 1 below) and an interior space (interior space within 20); an opening (see opening in Figure 1 below) positioned along the top wall for providing access to the interior space (access to within 20); a cap (see cap in Figure 1 below) that is removably secured about the opening; wherein the main body is configured to transition between an expanded position (expanded position in Figure 1) and a collapsed position (collapsed position in Figure 3).
2: Grosjean teaches the claimed invention as discussed above for Claim 1 and Grosjean further teaches that in the expanded position, the main body includes a rectangular shape (see Figure 1 where the body is a rectangular shape).
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3: Grosjean teaches the claimed invention as discussed above for Claim 1 and Grosjean further teaches that at least a portion of the main body is constructed from a malleable nonporous material (plastic material, Abstract).
4: Grosjean teaches the claimed invention as discussed above for Claim 1 and Grosjean further teaches a first plurality of folding sections that are positioned along the front wall (folding sections 3 of which are formed by lines comprising 34 and 36).
5: Grosjean teaches the claimed invention as discussed above for Claim 4 and Grosjean further teaches a second plurality of folding sections that are positioned along one of the pair of side walls (sections along the sidewall formed by lines 40, 48, 42, 44, 54).
6: Grosjean teaches the claimed invention as discussed above for Claim 5 and Grosjean further teaches a third plurality of folding sections that are positioned along the other one of the pair of side walls (lines/sections on the opposite sidewall from Claim 5, see Figure 1).
Claim(s) 1-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tobler (US 5,255,808).
1: Tobler teaches a container (containers shown in Figures 1-8), comprising: a main body (main body generally shown as 1, Figures 1-8) having a front wall, a back wall, a top wall, a pair of side walls (see the front, back, top, and sidewalls in Figure 6 below) and an interior space (interior space within 1, Figure 6); an opening (opening in Figure 1 below) positioned along the top wall for providing access to the interior space; a cap (see cap in Figure 6 below) that is removably secured about the opening; wherein the main body is configured to transition between an expanded position and a collapsed position (expanded position in Figure 6 collapsed position in Figures 7-8).
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2: Tobler teaches the claimed invention as discussed above for Claim 1 and Tobler further teaches that in the expanded position, the main body includes a rectangular shape (see Figures 1-8, where the body, has a generally rectangular shape, see Figure 6).
3: Tobler teaches the claimed invention as discussed above for Claim 1 and Tobler further teaches that at least a portion of the main body is constructed from a malleable nonporous material (col. 6, ll. 15-19, plastics).
4: Tobler teaches the claimed invention as discussed above for Claim 1 and Tobler further teaches that a first plurality of folding sections that are positioned along the front wall (see Figure 6 above).
5: Tobler teaches the claimed invention as discussed above for Claim 4 and Tobler further teaches that a second plurality of folding sections that are positioned along one of the pair of side walls (see Figure 6 above).
6: Tobler teaches the claimed invention as discussed above for Claim 5 and Tobler further teaches that a third plurality of folding sections that are positioned along the other one of the pair of side walls (sections on opposite sidewall in Figure 6, which has similar fold/sections of the sidewall sections shown in Figure 6 above).
7: Tobler teaches the claimed invention as discussed above for Claim 1 and Tobler further teaches that a threaded spout that is positioned about the opening on the top wall (see Figure 2 above).
8: Tobler teaches the claimed invention as discussed above for Claim 7 and Tobler further teaches that the cap includes a central body section and an upper body section (see Figure 6 above).
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) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tobler (US 5,255,808) in view of Anderson (US 5,076,493).
9: Tobler teaches the claimed invention as discussed above for Claim 8 except that the central body section includes a threaded opening that is configured to engage the threaded spout via a twisting motion.
Anderson teaches a cap (114) threadedly (126) engageable with the base at (122) to close the container but to permit selective opening thereof (Abstract).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Tobler such that the teaching of the cap having threads to engage with a threaded spout of a container were applied to Tobler in order to permit selective opening thereof, of the spout, as taught by Anderson (Abstract).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Haines (US 0,393,899) shows a collapsible carton with various fold lines.
Dickie (US 2010/0133329) teaches a collapsible milk carbon/paper board container (10) with various fold lines to go from an expanded state to a collapsed state.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KING M CHU whose telephone number is (571)270-7428. The examiner can normally be reached Monday - Friday 10AM - 6PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Stashick can be reached at (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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/King M Chu/Primary Examiner, Art Unit 3735