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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 07/23/2026 has been entered.
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.
Claims 2, 3, 14 and 16-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Carkhuff (4,209,096).
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Claim 2
Carkhuff discloses a method of forming an container/insert (1) comprising establishing a base (6), the base (defined by blister compartment 3 including portion 6) including a brim (6) with an upper major surface (defined by surface where backing member 21 is attached) and a lower major surface (defined by surface from where blister 3 protrudes) that are flat; defining a first depression (defined by blister 3) in the base to form a first cavity (defined by surface from where product is disposed in the blister), the first depression extending away from the lower major surface, the first depression including a floor with walls, the walls including a pair of sidewalls and a pair of end walls, the pair of sidewalls tapering (along sidewall portions 4a and 4b) towards each other at a same angle to converge closer to each other, from an overhead perspective, and from a first end to a second end of the first depression (see figure above); and connecting a backing member/lid (21) to at least a portion of the upper major surface to cover the first cavity (see column 3 lines 8-12). The container disclosed by Carkhuff is considered as an insert.
Claim 3
Carkhuff further discloses placing a consumer product in the first cavity, the consumer product having a first longitudinal length that at least partially extends from the first end to the second end (see claim 17).
Claim 14
Carkhuff further discloses the connecting connect such that a weakened/folding area of the lid is at least partially above the first cavity. Carkhuff discloses the blister portion (3) comprises a weakened segment (11) for opening the container/insert, wherein when the weakened segment is torn, the lid is folded along a bend line (see column 3 lines 25-42).
Claim 16
Carkhuff further discloses the defining defines such that the pair of end walls are parallel to each other (see figure above).
Claim 17
Carkhuff further discloses the defining defines such that a first length of a first end wall is shorter than a second length of a second end wall, the first end wall and the second end wall being the pair of end walls (see figure above).
Claim 18
Carkhuff further discloses the defining defines such that the first depression has a horizontal cross-section with a trapezoidal shape for any imaginary horizontal plane traversing through the first depression (see figure above).
Claim 19
Carkhuff further discloses the defining defines such that each of the walls have major side surfaces that are trapezoidal in shape with a pair of rounded lower corners (see figure 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.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Carkhuff (4,209,096) as applied to claim 3 above, and further in view of McKiel, JR. (US 2012/0199509).
Carkhuff further discloses the container/insert encloses contents within the blister (see abstract). Carkhuff does not explicitly discloses that a gap exists between a tapered middle portion of the consumer product and each of the pair of sidewalls. However, McKiel, JR. discloses a package (100) comprising a blister (112), including a tapered portion (defined by one end of the blister shown in figure 1), enclosing a consumer product (114), and wherein a gap exists between a tapered middle portion of the consumer product and each of the pair of sidewalls (see figures 1 and 2). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Carkhuff having a gap between the contents and the sidewalls of the blister as taught by Mckiel, JR for comfortably disposing and/or fitting the contents of the container between the blister and the backing member/lid.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Carkhuff (4,209,096) as applied to claim 3 above, and further in view of Torongo (4,058,220).
Carkhuff does not explicitly disclose the first cavity is conformed to a shape of the consumer product. However, Torongo discloses a package (13) comprising a blister with a cavity that conforms to a shape of a product (16) contained (see figure 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Carkhuff having the contents disposed in the cavity conforming to the shape of the blister cavity as taught by Torongo for efficient use of the space provided by the blister.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Carkhuff (4,209,096) as applied to claim 14 above, and further in view of McIntire (US 2015/0336728).
Carkhuff further discloses base is formed from heat fusible plastic to be heat sealed with the backing member/lid (see column 3 lines 8-12). Carkhuff discloses the floor has a depression (defined by the cavity of the blister) capable to be pressed through the weakened area of the lid to release the consumer product from the insert. Carkhuff does not disclose the base has a thickness of 0.2 mm to 0.7 mm and is made from amorphous polyethylene terephthalate. However, McIntire discloses amorphous polyethylene terephthalate with 0.015 inch/0.381 millimeters is a known material for plastic blisters for holding a product. It would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to modify Carkhuff having the base formed from amorphous polyethylene terephthalate with the required thickness as taught by McIntire because thermoformed blisters formed from amorphous polyethylene terephthalate (APET) are well-known and common in the art.
Claims 20 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Carkhuff (4,209,096) as applied to claim 2 above, and further in view of Bhalla (US 2020/0130911).
Claim 20
Carkhuff discloses the sidewalls and end walls vertical. Carkhuff does not disclose the walls sloped, as required. However, Bhalla discloses a package (200) comprising blisters having sidewalls and end walls sloped, so that the distance between the end walls and sidewalls increases from top of the blisters (defined by surface pointed by reference numeral 432a and/or 432b) toward bottom of the blisters (defined by surface pointed by reference numeral 430) (see figures 4A and 4B). It would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to modify Carkhuff having the end walls and sidewalls with a degree of inclination/sloped as taught by Bhalla to provide room for the user when removing the article from the blister at the time of separating the lid from the base/blister portion, therefore providing easy gripping of the product to the user.
Claim 21
Carkhuff does not disclose a second depression in the base to form a second cavity, the second depression being identical in shape to the first depression, as required. However, Bhalla discloses a package (200) comprising blister portions (defined by 232a and 232b) each comprising depressions identical in shape, and opposing one to the other. Bhalla further discloses each of the blister portions enclosing a consumer product (see 2A and [0080]). It would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to modify the container Carkhuff having multiple identical blisters enclosing a product as taught by Bhalla for providing multiple consumer products in a same container/package.
Allowable Subject Matter
Claims 8, 9, 11 and 12 are allowed. No prior art discloses a method of forming an insert comprising the structure required by the insert in combination with the structure of the product enclosed in the insert.
Claims 5-7, 10, 24 and 25 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.
Response to Arguments
Applicant’s arguments with respect to claims 2-4 and 13-21 have been considered but are moot in view of a new ground of rejection.
Conclusion
Examiner has cited particular paragraphs and/or columns and line numbers in the references as applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested of the applicant, in preparing responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or prior art(s) disclosed by the Examiner (in the attached PTO-892 form).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAFAEL A. ORTIZ whose telephone number is (571)270-5240. The examiner can normally be reached Monday - Friday 9am - 6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E. Aviles can be reached at 571-270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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RAFAEL A. ORTIZ
Primary Examiner
Art Unit 3736
/RAFAEL A ORTIZ/Primary Examiner, Art Unit 3736
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