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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 08/11/2026 has been entered.
Claim Rejections - 35 USC § 103
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 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) 7-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Santamarta (US 9108777 B1) and further in view of Brandenburger (US 20070060902 A1).
Regarding claim 7, Santamarta teaches a blow-fill-seal container comprising (fig.1 shows the blow-fill-seal container 10):
(a) a chamber (fig.2 shows the cavity C);
(b) a nozzle seat with the chamber extending into the nozzle seat (see annotated figs.3-5 below for nozzle seat with the cavity C extending into the nozzle seat)
(c) a neck extending from a proximal end at the nozzle seat to a distal end (see annotated fig.3-5 below for the neck 18 extending from proximal end at the nozzle seat to a distal end);
(d) a bore in the neck, the bore having a wall and an axis and tapering from a narrow proximal end to a wider distal end, the proximal end of the bore being contiguous with the chamber (see annotated fig. 2 of Santamarta below for a bore in the neck and the bore has a wall and an axis and has a narrow proximal end since the wall protrudes inwards at the top of the bore and wider distal end as it gets to the head and the proximal end of the bore being contiguous with the chamber);
(e) elongated knobs protruding radially into the bore from opposite sides of the bore wall (see annotated fig. 3-5 below for elongated knobs protruding radially into the bore from opposite sides of the bore wall); and
(f) a head extending axially from the distal end of the neck (see annotated fig.3-5 of below for head 14 extending axially from distal end of the neck). Santamarta does not teach the head having an internal cavity contiguous with the distal end of the bore and a piercing wall opposite the bore, the piercing wall having a piercing point axially aligned with the bore.
Brandenburger teaches the head having an internal cavity contiguous with the distal end of the bore and a piercing wall opposite the bore, the piercing wall having a piercing point axially aligned with the bore (fig.1 and 2 show the head 13 that has an internal cavity contiguous with the distal end of the bore and a piercing wall 10 with the piercing point at 12 that is axially aligned with the bore that is under it). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the head disclosed by Santamarta by adding the teaching of head with internal cavity and a piercing wall with piercing point as disclosed by Brandenburger in order to control the flow of the contents out of the BFS container instead of just a opening on the distal end.
Annotated fig.3-5 of Santamarta
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Annotated figure 2 of Santamarta
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Regarding claim 8, the references as applied to claim 7 above discloses all the limitations substantially claimed. Santamarta further teaches wherein the piercing point is the most depressed point of a curved depression in the piercing wall (fig.2 shows the point 12 is the most depressed point on a curved depressing on the wall 10 when needle is inserted).
Regarding claim 9, the references as applied to claim 8 above discloses all the limitations substantially claimed. Santamarta further teaches wherein the depression is round and the piercing point is in the center (fig.2 shows the depression is round and the point is in the center).
Regarding claim 10, the references as applied to claim 7 above discloses all the limitations substantially claimed. Santamarta further teaches wherein the knobs are located 900 around the bore from a parting line of the container (annotated fig.3-5 above the knobs are located 90 degrees around the bore and can be located from a parting line of the container).
Regarding claim 11, the references as applied to claim 7 above discloses all the limitations substantially claimed. Santamarta does not teach gussets on the outside of the neck along a parting line. Brandenburger does teach gussets on the outside of the neck along a parting line (fig.1 shows the gussets 23 on the outside of the neck). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the neck disclosed by claim 1 by adding the teaching of gussets along a parting line as disclosed by Brandenburger in order to allow the user to grip the knobs when taking of the top. “Flat grip 19 is provided with a recess 21, which is formed in the manner of an arrow pointing downwards which identifies the connector as an injection part. To identify the flow direction, upper section 2 of the connection part also has a raised structure 22, which is formed in the manner of an arrow pointing downwards. Arrow 21 is arranged between projecting legs 23 which form a recessed grip”-(0038, Brandenburger)
Regarding claim 12, the references as applied to claim 11 above discloses all the limitations substantially claimed. Santamarta further teaches further comprising thicker ribs within the gussets (fig.1 shows gussets 23 with the thicker ribs 22).
Response to Arguments
Applicant’s arguments with respect to claim(s) 7-12 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. No other arguments were made.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PRINCE PAL whose telephone number is (571)272-7525. The examiner can normally be reached M-Th, 9:30 AM - 7:30 PM (EST).
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/PRINCE PAL/Examiner, Art Unit 3735
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