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 .
The amendment filed 6/1/2026 has been entered.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: “Container with deformable inner bag”.
The disclosure is objected to because of the following informalities: The specification lacks descriptions of drawing element 4 of Fig. 1.
Appropriate correction is required.
Claim Objections
Claim 6 is objected to because of the following informalities: redundant word “the the outer container”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-6 and 8 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. Claim 1 recites the limitations “A container, which consists of a stiff outer container and a deformable inner bag…, the container comprising”, and also “a preform consisting of at least two tubes coextruded and arranged…” The transitional phrases “consists of”/“consisting of” excludes any element, step, or ingredient not specified in the claim. When the phrase "consisting of" appears in a clause of the body of a claim, rather than immediately following the preamble, there is an "exceptionally strong presumption that a claim term set off with ‘consisting of’ is closed to unrecited elements." Multilayer Stretch Cling Film Holdings, Inc. v. Berry Plastics Corp., 831 F.3d 1350, 1359, 119 USPQ2d 1773, 1781 (Fed. Cir. 2016). Therefore it is not understood how the limitation is to be interpreted and/or how the scope of the claim is being defined, and is not enabling to one of ordinary skill to determine what is or is not required by the claim (e.g. can the container have more than the outer container and inner bag? Can the preform have more than two tubes, i.e. three tubes, four tubes, etc.), as the limitations appear to attempt to limit the elements only to an open group (i.e. two or more tubes). Claims 1 and its dependents cannot be further considered on the merits.
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.
Claims 1-8 are 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.
Claim 1 recites the limitation “…the container comprising; a preform consisting of at least two tubes coextruded and arranged between open halves of a blow mold”, which appears to positively recite the open halves of a blow mold as part of the container structure. It is not clear whether the blow mold is or is not part of the container, of if the container is a product of a process using a machine such as a mold.
Claim 1 recites the limitation “the production of the container”. There is insufficient antecedent basis for this method step limitation in the apparatus claim.
Claim 1 recites the limitation “the container to be produced”. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "and that due to the opening of the blow mold, and wherein...". The limitation appears to be incomplete and it is not clear what is or is not being required by the claim.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-6 and 8 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW T KIRSCH whose telephone number is (571)270-5723. The examiner can normally be reached Mon-Fri, 9a-5p EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Jenness can be reached at 571-270-5055. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW T KIRSCH/Primary Examiner, Art Unit 3733
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