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 .
Specification
The disclosure is objected to because of the following informalities:
The specification contains several minor grammatical errors which should be corrected, i.e.:
On page 6, line 28, “embodiment” should be “embodiments”;
On page 9, line 24, “allowing” should be “allow”;
On page 12, line 15, “engages” should be “engage”; and
On page 12, line 19, “spot” should be “spout”.
The specification should be reviewed and any other such minor informalities should be corrected.
Appropriate correction is required.
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
The limitation of the first material being a “high-density polyethylene (HDPE)” (see claim 3) does not have an antecedent basis in the specification.
Further, the recitation of a “coupling system” (see claim 9, line 2; claim 10, line 2 and claim 11, line 2 does not have an antecedent basis in the specification.
Claim Objections
Claims 15, 18 and 19 are objected to because of the following informalities:
Claims 15, 18 and 19 all recite the first mold part forms the body and lid and/or the second mold part forms the valve and hinge, however, first and second mold parts 50a, 50b form the body and lid (see Figure 5A) and different first and second mold parts 50a, 50b form the valve and hinge (see Figure 5B). As such the claim language is not consistent with the disclosed molding technique. Appropriate correction is required.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 8 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In regard to claim 8, The term “substantially” (see the last line) is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Allowable Subject Matter
Claims 1-7 and 9-21 will be allowed upon any objections noted above being overcome.
Claim 8 would be allowable if rewritten or amended to overcome the rejection under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The Ellenkamp-Van Olst et al., Telschow et al. and Gaus et al. references are cited as being directed to the state of the art as teachings of other containers having spouts wherein a sealing unit having a valved outlet and hinged lid is secured to the spout.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID J WALCZAK whose telephone number is (571)272-4895. The examiner can normally be reached Monday-Friday 6:30-4:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Angwin can be reached at 571-270-3735. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DJW
6/2/26
/DAVID J WALCZAK/Primary Examiner, Art Unit 3754
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