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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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.
Claims 18-36 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sunohara (U.S. 2020/0270023).
Regarding claim 18, Sunohara teaches a molded container 20 for containing a preparation and for vertical stacking (figure 4) during transport and/or storage, the molded container being made of a thermoplastic plastic (paragraph [0057]), the molded container 20 defining a container interior and comprising a bottom portion 24 having an end face-side bottom surface at a first end of a trunk section 23, a shoulder portion 22 at a second end of the trunk section axially opposite the first end of the trunk section 23, and a handhold handle 10 having two opposing handhold handle ends (see 10B; figure 8), the molded container being molded (paragraph [0057]) and/or form-fitted and/or configured such that the molded container is vertically stackable with a second molded container that is identical to the molded container (figure 4), and the handhold handle 10 and the two opposing handhold handle ends at 10B being attached tangentially adjacent to two corresponding connection points of two opposing outer lateral surfaces of the molded container to form a handhold handle middle section 13B extending between the two opposing handhold handle 10 ends and axially beyond the shoulder portion (figure 8).
Regarding claim 19, the handhold handle is formed flat at least in portions (see lead line 10 in figure 5), and/or is formed at least in portions from a rolled and/or corded material, and/or is formed at least in portions using a soft, foam-like material.
Regarding claim 20, the handhold handle 10 with the two opposing handhold handle ends is glued and/or attached to the two corresponding connection points (ends of 10 are attached at two connection points; figures 1A, 7, 8).
Regarding claim 21, the handhold handle 10 is eccentrically attached with respect to each of the two corresponding connection points (see connections points 15; figure 1a).
Regarding claim 22, the handhold handle 10 is, with respect to the two corresponding connection points 15, attached offset in a transverse direction from a plumb point falling into a cross-sectional plane from an axial axis (figure 1a).
Regarding claim 23, the handhold handle is slanted in the two corresponding connection points respectively obliquely to an axial axis (since 13 pivots at 12a, it can pivot to a position where it is slanted with respect to the axial axis).
Regarding claim 24, a handhold handle inclination-angle defined respectively between the axial axis and a longitudinal extension line of the handhold handle is between 10 and 50 degrees (since 13 pivots at 12a, it can pivot to a position where it is between 10 and 50 degrees).
Regarding claim 25, the handhold handle is attached to the molded container and configured to rest against the molded container in a netastable state (figure 5) and to protrude from the molded container in a stable state (figure 1d).
Regarding claim 26, the handhold handle middle section is printable or, respectively, printed (the handle 10 is capable of receiving printing, so it is printable).
Regarding claim 27, the shoulder portion 22 has an axial extension 21 and comprises a container neck 21 in the axial extension, and a bottom hollow 27 is axially recessed into the container interior in the end face-side bottom surface of the bottom portion (figure 5), wherein the bottom hollow is, for stackability of the molded container and the second molded container (figure 5), form-fitted or, respectively, configured to accommodate a second container neck of the second molded container (figure 5).
Regarding claim 28, the end face-side bottom surface is molded as a bottom contour surface 27 with at least one axially recessed bottom recess molded segment and with bottom load contact segments adjacent to and axially protruding from the at least one axially recessed bottom recess molded segment (figure 5).
Regarding claim 29, in the end face-side bottom surface of the bottom portion 24, a bottom hollow 27 is axially recessed into the container interior, wherein the bottom hollow is, for stackability of the molded container and the second molded container, form-fitted or, respectively, configured to accommodate a second container neck of the second molded container (figure 5), and the end face-side bottom surface is molded outside the bottom hollow as the bottom contour surface so that the at least one axially recessed bottom recess molded segment is exempted from a base area of the molded container (figure 4).
Regarding claim 30, the at least one axially recessed bottom recess molded segment 27 is, for stackability of the molded container and the second molded container, form-fitted or, respectively, configured to be contactlessly spaced from a second shoulder portion of the second molded container by a gap dimension so that the bottom load contact segments exclusively form a supporting load contact area at the second shoulder portion (figures 4 and 5).
Regarding claim 31, a molded handle 10, which is dimensionally stable, is attached to the container neck by a proximal molded handle ring section 11 of the molded handle, and a distal molded handle grab section 12, 13 of the molded handle extends radially from the container neck (figure 1a).
Regarding claim 32, the at least one axially recessed bottom recess molded segment 27 is, for stackability of the molded container and the second molded container, form-fitted or, respectively, configured to be contactlessly spaced from a second shoulder portion of the second molded container by at least a minimum gap dimension (figure 5), wherein the minimum gap dimension exceeds a maximum axial molded handle outer dimension of the distal molded handle grab section (figures 4, 5).
Regarding claim 33, at least one rib extending at least in portions around the trunk section (shown at lead line 20 in figure 4).
Regarding claim 34, at least two molded containers according to claim 18, as described above, stacked vertically or, respectively, along an axial axis (figures 4 and 5).
Regarding claim 35, Sunohara teaches a method for manufacturing the molded container according to claim 18, as described above, the method comprising the steps of thermoplastically forming or, respectively, molding the molded container from a thermoplastic plastic that is suitable and/or inert with respect to the preparation, in a thermoplastic flow state within a divisible molding tool formed and configured complementarily to the molded container (“blow molding method”; paragraph [0057]), cooling the molded container in order to remove the molded container from the divisible molding tool in a solidified state (step of standard “blow molding method”), and attaching the handhold handle to the molded container temporally directly subsequent or separately downstream (paragraph [0057]).
Regarding claim 36, at least one of the following steps filling the molded container with the preparation at least partially superimposed in time on at least one of the preceding steps that are thermoplastic forming or, respectively, molding and/or subsequent cooling; and/or closing the molded container in the divisible molding tool, or, respectively, in a molding machine operating the divisible molding tool (standard “blow molding method; paragraph [0057]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art is cited for the stacking feature and handle.
THIS ACTION IS NON-FINAL.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NIKI MARINA ELOSHWAY whose telephone number is (571)272-4538. The examiner can normally be reached Monday through Friday 7: 00 a.m. to 3:00 p.m..
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, Orlando E. Avilés 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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/NIKI M ELOSHWAY/Examiner, Art Unit 3736
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