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 .
DETAILED ACTION
Election of Species
Applicant's election with traverse of Species A, Claims 1-26, 30, and 31 in the reply filed on March 24, 2026 is acknowledged. The traversal is on the ground(s) that Claim 1 is generic to all species, and a search of one species will find all other species [Remarks, Page 7 Lines 3-13]. This is found persuasive. The election of species requirement is withdrawn, and claims 1-31 will be examined.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: Ref. No. 508 [Fig. 37].
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors within the drawings. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 1-31 are objected to because of the following informalities. Appropriate correction is required.
Claim 1 Lines 5-6 could read, “…corresponding to a region contacted by the container ….”
Claim 3 Line 2 could read, “…the breathable sheet is [[a]] greater than that ….”
Claim 6 could read, “…wherein [[the]] fibers constituting the nonwoven fabric ….”
Claim 8 Lines 2-3 could read, “…and the multiple breathable sheets are laminated.”
Claim 20 Lines 1-2 could read, “…wherein a joint between the breathable sheet ….”
Claim 22 Line 2 could read, “…the breathable sheet faces a non-opposite surface ….”
Claim Rejections - 35 USC § 112
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 1-31 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.
Re Claim 1 Lines 9-10, the claim recites, “…at least a part of at least one of the breathable sheets ….” In Line 4, the claim recites “…at least one breathable sheet ….” How many sheets make up the invention according to Claim 1?
Claims 2-31 are also rejected under §112(b) – indefiniteness, as being dependent from rejected base claim 1.
Allowable Subject Matter
Claims 1-31 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Re Claim 1, the prior art discloses most of the claimed invention regarding lids with bodies formed with containers and at least one breathable sheet with the body having a contact region. However, the prior art does not expressly disclose the lid region corresponding part has a penetration part, and at least a part of at least one of the breathable sheets faces at least a part of the surface of the lid region corresponding part.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: see PTO-892 Notice of References Cited.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT J HICKS whose telephone number is (571)270-1893. The examiner can normally be reached Mon - Fri 8:30-5:00.
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 Aviles-Bosques 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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/ROBERT J HICKS/Primary Examiner, Art Unit 3736
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