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 .
Applicants are respectfully reminded that they and other individuals, as set forth in 37 CFR 1.56, have a duty to bring to the attention of the Office any material prior art or other information cited or brought to their attention in any related foreign application. See MPEP 2001.06(a).
The individuals covered by 37 CFR 1.56 have a duty to bring to the attention of the examiner, or other Office official involved with the examination of a particular application, information within their knowledge as to other copending United States applications which are “material to patentability” of the application in question. The individuals covered by 37 CFR 1.56 cannot assume that the examiner of a particular application is necessarily aware of other applications which are “material to patentability” of the application in question, but must instead bring such other applications to the attention of the examiner. See Dayco Prod., Inc. v. Total Containment, Inc., 329 F.3d 1358, 1365-69, 66 USPQ2d 1801, 1806-08 (Fed. Cir. 2003). For example, if a particular inventor has different applications pending in which similar subject matter but patentably indistinct claims are present that fact must be disclosed to the examiner of each of the involved applications. Similarly, the prior art references from one application must be made of record in another subsequent application if such prior art references are “material to patentability” of the subsequent application. See Dayco Prod., 329 F.3d at 1369, 66 USPQ2d at 1808. See MPEP 2001.06(b).
Claim Rejections - 35 USC § 102/103
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.
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(s) 1-3, 5-6, 8-20 is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Olson (US 20080302691 A1).
Gilfert discloses:
1. A packaging system (figs 1-22) for the packaging of a plurality of canning jars each including a canning container, a lid element, and a retainer element (capable of performing the above intended use; Applicant has chosen language that does not positively claim a jar), the packaging system comprising: a first tray formed by a first wall (such as top 100b in fig 7 with a wall on top), the first wall including: a plurality of first container retention structures formed therein (as for example on inside top surface as shown in fig 8 with a container), each of the first container retention structures forming an indentation (recess within holding container) in the first wall configured to receive a first end portion of one of the canning containers therein (capable of performing the above intended use); and a plurality of lid retention structures formed therein (as shown in fig 3, adjacent 162/140)), each of the lid retention structures configured to threadably engage one of the retainer elements to couple each of the retainer elements to the first tray (capable of performing the above intended use, such as if the not positively claimed lid includes threads that fit around elements shown in fig 3).
2. The packaging system of Claim 1, wherein each of the lid retention structures projects from a portion of a corresponding one of the first container retention structures (as shown in fig 3).
3. The packaging system of Claim 2, wherein each of the first container retention structures is indented into the first wall in a first direction, and wherein each of the lid retention structures projects away from the corresponding first container retention structure in the first direction (as in fig 3).
5. The packaging system of Claim 1, wherein each of the lid elements is disposed between one of the lid retention structures and one of the retainer elements (capable of performing the above intended use; already explained in claim 1).
6. The packaging system of Claim 5, wherein each of the lid elements includes a centrally disposed dome portion, a peripherally disposed peripheral portion having a sealing element, and a channel portion disposed radially between and axially offset from the dome portion and the peripheral portion, and wherein the channel portion of each of the lid elements directly engages a corresponding one of the lid retention structures (capable of performing the above intended use; as already explained in claim 1).
8. The packaging system of Claim 1, wherein each of the lid retention structures includes a cylindrically shaped outer circumferential surface (shape shown adjacent 162 in fig 3) configured for reception within a cylindrically shaped and axially extending portion of a corresponding one of the retainer elements (capable of performing the above intended use).
9. The packaging system of Claim 8, wherein each of the lid retention structures is formed from a plurality of angularly spaced apart projections that cooperate to form the cylindrically shaped outer circumferential surface (as in fig 3).
10. The packaging system of Claim 1, wherein the first wall of the first tray includes a peripheral segment forming a lip extending peripherally around the plurality of the lid retention structures and the plurality of the first container retention structures formed within the first wall (lip on periphery in fig 3).
11. The packaging system of Claim 1, further comprising a second tray formed by a second wall (other 100b below in fig 7 with upper wall), the second wall including a plurality of second container retention structures formed therein (structures for example also shown in fig 5), each of the second container retention structures formed as a projection (extending element in fig 5) configured for reception within an interior of a corresponding one of the canning containers at a second end portion thereof (capable of performing the above intended use).
12. The packaging system of Claim11, wherein the first end portion of each of the canning containers is formed by a closed end thereof and wherein the second end portion of each of the canning containers is formed by an open end thereof (capable of performing the above intended use, already explained in fig 1).
13. The packaging system of Claim 11, wherein each of the first container retention structures is indented into the first wall in a first direction, and wherein each of the second container retention structures projects from the second wall in the first direction (as in fig 7).
14. The packaging system of Claim 11, wherein the projection forming each of the second container retention structures is tapered inwardly in a direction towards the first tray (shape shown in fig 2).
15. The packaging system of Claim 11, further comprising a box for enclosing the second tray (outer container in fig 7.
Re claims 16-20 with a retaining wrap for applying for compressing the canning containers between the first tray and the second tray; wherein the retaining wrap is an enclosure contracted around the first tray and the second tray; wherein the enclosure is formed by a polymeric material that contracts upon exposure to heat or following exposure to heat; wherein a vacuum is formed within the enclosure to contract the enclosure around the first tray and the second tray; wherein the enclosure is contracted around a box receiving the second tray therein, Official Notice is taken, that it is old and conventional to provide a retaining wrap for applying for compressing the canning containers between the first tray and the second tray; wherein the retaining wrap is an enclosure contracted around the first tray and the second tray; wherein the enclosure is formed by a polymeric material that contracts upon exposure to heat or following exposure to heat; wherein a vacuum is formed within the enclosure to contract the enclosure around the first tray and the second tray; wherein the enclosure is contracted around a box receiving the second tray therein. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made in view of the Official Notice to provide a retaining wrap for applying for compressing the canning containers between the first tray and the second tray; wherein the retaining wrap is an enclosure contracted around the first tray and the second tray; wherein the enclosure is formed by a polymeric material that contracts upon exposure to heat or following exposure to heat; wherein a vacuum is formed within the enclosure to contract the enclosure around the first tray and the second tray; wherein the enclosure is contracted around a box receiving the second tray therein in order to further protect the intended contents of the device.
Claim(s) 1, 8, 9, 10 is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Li (US 20240409270 A1)
Li discloses:
1. A packaging system (figs 1-7) for the packaging of a plurality of canning jars each including a canning container, a lid element, and a retainer element (capable of performing the above intended use; Applicant has chosen language that does not positively claim a jar), the packaging system comprising: a first tray formed by a first wall (as in figs 3a, 3b, 4a, 4b), the first wall including: a plurality of first container retention structures formed therein (elements shown in figs 2a-2b), each of the first container retention structures forming an indentation in the first wall (recess in figs 2a, 2b such as with 126/124) configured to receive a first end portion of one of the canning containers therein (capable of performing the above intended use); and a plurality of lid retention structures formed therein (elements adjacent 130, 136), each of the lid retention structures configured to threadably engage one of the retainer elements to couple each of the retainer elements to the first tray (capable of performing the above intended use, such as if the not positively claimed lid includes threads that fit around elements shown in fig 3-4).
8. The packaging system of Claim 1, wherein each of the lid retention structures includes a cylindrically shaped outer circumferential surface configured for reception within a cylindrically shaped and axially extending portion of a corresponding one of the retainer elements (as in figs 3-4 capable of performing the above intended use).
9. The packaging system of Claim 8, wherein each of the lid retention structures is formed from a plurality of angularly spaced apart projections that cooperate to form the cylindrically shaped outer circumferential surface (as in figs 3-4 capable of performing the above intended use, such as adjacent 130).
10. The packaging system of Claim 1, wherein the first wall of the first tray includes a peripheral segment forming a lip extending peripherally around the plurality of the lid retention structures and the plurality of the first container retention structures formed within the first wall (periphery as in figs 1).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li as applied to claim 1 above, and further in view of Moore (US 20080042021 A1).
Li discloses the claimed invention above with the exception of the following which is disclosed by Moore: an outer surface of each of the lid retention structures includes one or more thread segments configured to engage a thread of a corresponding one of the retainer elements (adjacent 160). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Li in view of Moore (by providing the above elements) in order to more securely hold a lid in place that has threads.
Potentially Allowable Subject Matter
Claim 7 is objected to as being dependent upon a rejected base claim, but would be potentially allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW D PERREAULT whose telephone number is (571)270-5427. The examiner can normally be reached Monday - Friday 7:00am-5:30pm.
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/ANDREW D PERREAULT/Primary Examiner, Art Unit 3735