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.
Claims 2-7, 10, 13, 16-20 and 22-25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by (DE 29912954).
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Claim 2
DE ‘954 discloses a method of forming a blister pack (10), considered as an insert, comprising establishing a base, the base including a brim with an upper major surface and a lower major surface that are flat; defining a first depression (34) in the base to form a first cavity (defined by interior space of the first depression), 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 towards each other from a first end to a second end of the first depression; and
connecting a lid (36) to at least a portion of the upper major surface to cover the first cavity (see figures above). The blister pack disclosed by DE ‘954 is capable to be inserted into another package.
Claim 3
DE ‘954 further discloses placing a consumer product (18) in the cavity, the consumer product having a first longitudinal length that at least partially extends from the first end to the second end (see figures above).
Claim 4
DE ‘954 further discloses the placing places such a gap (defined by space between the depression and the consumer product) exists between a tapered middle portion of the consumer product and each of the pair of sidewalls (see figures above).
Claim 5
DE ‘954 further discloses the placing places such that a gap (defined by space between the depression and the consumer product) exists between a tapered middle portion of the consumer product and each of pair of sidewalls, the consumer product having a first vertical outer surface and a second vertical outer surface that oppose each other, the first vertical outer surface having a larger surface area relative to the second vertical outer surface (see figures above).
Claim 6
DE ‘954 further discloses the first vertical outer surface has a substantially rectangular shape with rounded corners, and the second vertical outer surface has an oval shape (see figures above).
Claim 7
DE ‘954 further discloses the defining defines such that the walls of the first depression hold a nose (defined by portion of the consumer product pointed with reference numeral 20) on an end of the consumer product in a horizontal position within the first cavity such that the nose is suspended above the floor when the floor of the insert is sitting on a flat surface (see figures above).
Claim 10
DE ‘954 further discloses forming the consumer product to include a frame with a first vertical surface and a nose (defined by portion of the consumer product pointed with reference numeral 20) with a second vertical surface, the first vertical surface and the second vertical surface opposing each other, the consumer product having an upper portion and a lower portion that are mirror-images of each other along a first imaginary horizontal plane that passes through the consumer product (see figure above).
Claim 13
DE ‘954 further discloses the defining defines such that the first cavity is conformed to a shape of the consumer product (see figures above).
Claim 16
DE ‘954 further discloses the defining defines such that the pair of end walls are parallel to each other (see figure 1 above).
Claim 17
DE ‘954 further discloses the defining defines such that a first length of a first end wall (defined by end wall adjacent to product portion pointed by reference numeral 20) is shorter than a second length of a second end wall (defined by end wall adjacent to end of product pointed by reference numeral 18), the first end wall and the second end wall being the pair of end walls (see figures 1 and 3 above).
Claim 18
DE ‘954 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. The first depression disclosed the prior art DE ‘954 have end walls that are parallel to each other, therefore has trapezoidal shape with an imaginary horizontal plane defined along a length of the first depression, as shown in figure 1 above.
Claim 19
DE ‘954 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. DE ‘954 discloses the walls side surfaces extending and enclosing along a length of the consumer product and parallel to each other (see figures 1 and 3 above).
Claim 20
DE ‘954 further discloses the defining defines such that the walls are sloped to cause the pair of sidewalls and the pair of end walls to be further apart from each other at the brim compared to at the floor (see figures 1 and 4 above).
Claims 22 and 23
DE ‘954 further discloses the defining defines such that the pair of sidewalls taper towards each other, from an overhead perspective, and from the first end to the second end of the first depression. DE’954 discloses the sidewalls tapering, downwardly, toward each other and at same angle from end to end of the first depression (see figures 1-3).
Claim 24
DE ‘954 further discloses the defining defines such that the walls of the first depression hold a nose on an end of the consumer product in a horizontal position within the first cavity such that the nose is suspended above the floor when the floor of the insert is sitting on a flat surface and while a lower portion of the first vertical surface is a lone point of contact between the consumer product and the floor (see figure 1).
Claim 25
DE ‘954 further discloses the forming of the consumer product forms such that the consumer product has a first side portion and a second side portion that are mirror-images of each other along a second imaginary vertical plane that passes through the consumer product (see figure above).
Claims 2 and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kohl (EP 1947027).
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Claim 2
Kohl discloses a method of forming a blister (20), considered as an insert, comprising establishing a base, the base including a brim with an upper major surface and a lower major surface that are flat; defining a first depression in the base to form a first cavity (21), 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 (defined by walls of the blister at opposite ends), the pair of sidewalls tapering towards each other from a first end to a second end of the first depression; and connecting a lid (25) to at least a portion of the upper major surface to cover the first cavity (see figure above and page 4). The blister pack disclosed by Kohl is capable to be inserted into another package.
Claim 21
Kohl further discloses defining a second depression in the base to form a second cavity, the second depression being identical in shape to the first depression, the first depression and the second depression being in an opposing configuration relative to each other; and placing a first and second consumer products (30) in the first cavity and the second cavity, respectively (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.
Claims 2-4 are rejected under 35 U.S.C. 103 as being unpatentable over Marcinkowski (WO 2015/088946).
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Claim 2
Marcinkowski discloses a method of forming an blister package, considered as an insert, comprising establishing a base, the base including a brim with an upper major surface (defined by surface pointed by 157) and a lower major surface (defined by surface pointed by 150) that are flat; defining a depression (defined by blister portion) in the base to form a cavity (400), the depression extending away from the lower major surface, the depression including a floor (140) with walls, the walls including a pair of sidewalls (defined by the sidewall shown in the figures above, and the wall on opposite side of the package) and a pair of end walls, the pair of sidewalls tapering towards each other from a first end to a second end of the first depression (see figures above). Marcinkowski does not explicitly discloses a connecting a lid to at least a portion of the upper major surface to cover the first cavity. However, Marcinkowski discloses it is known to have blisters closed with a lidding seal (see page 1 lines 4-8). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the insert/blister package including a lid for sealing and/or protecting the article disposed within the blister. The blister pack disclosed by Marcinkowski is capable to be inserted into another package.
Claim 3
Marcinkowski further discloses placing a consumer product (200) in the cavity, the consumer product having a first longitudinal length that at least partially extends from the first end to the second end (see figure 2 above).
Claim 4
Marcinkowski further discloses the placing places such a gap exists between a tapered middle portion of the consumer product and each of the pair of sidewalls (see figure 1 and figure 2 above).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over (DE 29912954) as applied to claim 3 above, and further in view of Kohl (EP 1947027).
DE ‘954 does not disclose a weakened area of the lid is at least partially above the first cavity. However, Kohl discloses a blister package comprising a lid (25) comprising a weakened area/perforations (28) in layer (26) of the lid to allow rupture of the lid by application of force and removal of the product from the blister package (see 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 DE ’954 having a weakened area/perforations through the lid for easy removal of the product disposed within the blister package.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over (DE 29912954) and Kohl (EP 1947027) as applied to claim 14 above, and further in view of McIntire (US 2015/0336728).
DE ‘954 discloses the lid/cover wall of the blister pack is formed from polymer material (see page 2). After DE ‘954 is modified by Kohl, the floor of the first depression is capable to be pressed through the weakened area of the lid to release the consumer product from the insert. DE ‘954 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 Bhalla having the base formed from amorphous polyethylene terephthalate with the required thickness as taught by Mclntire because thermoformed blisters formed from amorphous polyethylene terephthalate (APET) are well-known and common in the art.
Allowable Subject Matter
Claim 9 is allowed. No prior art discloses an insert comprising a first depression forming a cavity, wherein the depression includes a floor with a pair of sidewalls tapering each other from a first end toward a second end, placing a consumer product in the first cavity, as required, and wherein the first depression hold a nose of the product in horizontal position within the first cavity, and wherein the nose faces the first end wall, as required in claim 9.
Claims 8, 11 and 12 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 filed 04/06/2026 have been fully considered but they are not persuasive. Regarding applicant’s argument that the teachings of DE 954 does not disclose “the pair of sidewalls tapering each other”, the examiner disagrees. With respect to claim 1, DE 954 discloses depression (34) forming a cavity having cylindrical sidewalls extending from one end to another end of the cavity. By the fact that the sidewalls in the of the depression are cylindrical, then tapers downward to each other towards a bottom of the depression. With respect to claims 4 and 5, DE 954 a gap/space between the surface of the sidewalls of the depressions and a surface of the product disposed within the cavity of the depression.
Regarding applicant’s argument with respect to the teachings of Kohl, the examiner disagrees. Kohl, as shown in the figure above, discloses a depression comprising sidewalls tapering downward toward each other. The figure presented in the office action shows the sidewalls tapering toward the bottom/floor of the blister portion of the insert/package.
Regarding applicant’s argument with respect to the teachings of Marcinkowski, the examiner disagrees. Marcinkowski discloses a package considered as an insert comprising a depression (as defined by blister portion of the package/insert) comprising sidewalls tapering downwardly toward each other. Figure 2 of Marcinkowski shows endwalls of the insert tapering downward from top to bottom of the insert. Figure 1 shows a top view of the insert wherein (150) is defined as a lower major surface and showing a floor (140) of the blister, wherein between the lower major surface and the floor of the insert two spaced apart parallel continuous lines define endwalls and sidewalls of the insert, wherein in figure 1, the endwalls tapers downward toward the floor, therefore, in same fashion, the sidewalls taper downward toward the floor. Regarding applicant’s argument with respect to claim 4, Marcinkowski discloses a space/gap between the product and the sidewalls of the insert (see figure 1).
After considering the teachings of DE 954, Kohl, and Marcinkowski, the examiner affirms the rejection based on the mentioned prior arts is still valid and proper.
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).
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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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