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 .
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) 10, 20 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Logel et al (US 2016/0101914) (Logel) in view of Clodfelter et al. (US 2011/0100990) (Clodfelter).
Logel discloses a closure cap comprising: a base (ring element 20); a flip-top lid (lid body 20) hingedly connected to the base, the flip-top lid being movable between an open position and a closed position, the flip-top lid and the base together forming a recess (recess formed by recessed portion 24 and grip portion 13 which is inwardly recessed, see Fig. 4 and 5) in an outer wall of the closure cap when the flip-top lid is in the closed position, the recess forming a grasping area (grip portion 13) permitting a user to apply a force to move the flip-top lid from the closed position to the open position; and a first breakable member (one of the frangible webs 40) connecting the base to the flip-top lid, wherein the first breakable member is configured to break upon the flip-top lid being moved from the closed position to the open position. Logel fails to disclose the first extension tab. Clodfelter teaches a similarly constructed closure cap with base and flip-top lid which are initially held closed with an S-shaped frangible strap 21 having a first extension tab (outer portion 53) fixed to the base and a breakable member (serpentine portion of less width than outer portion 53) connecting the first extension tab to the flip-top lid, wherein the first extension tab is connected to the flip-top lid in an initial closed position (see Fig. 1-3, 7 and 9) via the first breakable member and wherein the first extension tab and the flip-top lid are disconnected upon the flip-top lid being moved from the initial closed position to the open position (see Fig. 4 (opening breaks breakable member), Fig. 5). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the present invention to add the first extension tab to provide a spacer for spacing the breakable/frangible member (web 40) from the base so that the edge of the base doesn’t tear and compromise the base’s structural integrity.
One of the webs 40 (a first breakable member) of Logel is located near a first side of the recess. This is the web (breakable member) that is modified.
Re claim 20, another of the webs 40 is locate near a second side of the recess and this web (second breakable member) is modified in the same manner as the first breakable member to have a second extension tab.
Re claim 21, Logel discloses a closure cap comprising: a base (ring element 20); a flip-top lid (lid body 20) hingedly connected to the base, the flip-top lid being movable between an open position and a closed position, the flip-top lid and the base together forming a recess (recess formed by recessed portion 24 and grip portion 13 which is inwardly recessed, see Fig. 4 and 5) in an outer wall of the closure cap when the flip-top lid is in the closed position, the recess forming a grasping area (grip portion 13) permitting a user to apply a force to move the flip-top lid from the closed position to the open position; and a first breakable member (one of the frangible webs 40) connecting the base to the flip-top lid, wherein the first breakable member is configured to break upon the flip-top lid being moved from the closed position to the open position. Logel fails to disclose the first extension tab.
Clodfelter teaches a similarly constructed closure cap with base and flip-top lid which are initially held closed with an S-shaped frangible strap 21 having a first extension tab (inner portion 51) fixed to the flip-top lid and a breakable member (serpentine portion of less width than inner portion 51) connecting the first extension tab to the base, wherein the first extension tab is connected to the base in an initial closed position (see Fig. 1-3, 7 and 9) via the first breakable member and wherein the first extension tab and the base are disconnected upon the flip-top lid being moved from the initial closed position to the open position (see Fig. 4 (opening breaks breakable member), Fig. 5). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the present invention to add the first extension tab to provide a spacer for spacing the breakable/frangible member (web 40) from the flip-top lid so that the edge of the flip-top lid doesn’t tear and compromise the lid’s structural integrity.
Claim(s) 11-17 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Logel in view of Clodfelter as applied to claim 10 above, and further in view of Lay (US 5875907).
The modified combination of Logel in view of Clodfelter discloses the first extension tab comprises a flange (extension tab is a flange) connected to the flip-top lid via the first breakable member in a closed configuration prior to initial opening of the closure cap. The combination fails to disclose a latching projection. Lay teaches a flange (flexible wall 58 of tamper indicating member 54 with a latching projection (either of plug member 62 or anchor member 64) extending from the flange wherein the first breakable member (frangible web 60) comprises one or more narrow bridges of material between the first extension tab and a remainder of the flip-top lid. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the present invention to add a latching projection to the first extension tab’s flange to provide a secure attachment of the flip-top lid to the base to maintain the closed and sealed configuration during shipping and before opening and use of the container’s content.
Re claim 12, a circumferential side of the base includes a circumferential ledge such that the base has an indented sidewall near a top surface of the base that is indented from a sidewall of the closure cap, and wherein the flange of the first extension tab is disposed on the top surface of the circumferential ledge.
Re claim 13, the indented sidewall has an indented portion to dispose the flange of the first extension tab.
Re claim 14, a sidewall of the circumferential ledge has an indented portion to dispose the flange of the first extension tab.
Re claim 15, the latching projection comprises an arrowhead-shaped barb.
Re claim 16, the latching projection comprises a hemisphere-shaped barb.
Re claim 17, a portion of the latching projection is inserted into the base through a receiving opening in an upper or side wall of the circumferential ledge, and an inserted portion of the latching projection engages with the upper or side wall of the circumferential ledge.
Re claim 19, a sidewall of the circumferential ledge has the receiving opening.
Allowable Subject Matter
Claims 1-6 are allowed.
Claim 18 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
REASONS FOR ALLOWANCE
The following is an examiner’s statement of reasons for allowance:
For claim 1, the closest prior art is Lay (US 5875907) and discloses a closure cap comprising a base and a flip-top lid hingedly connected to the base, the lid movable from closed to open positions, there is a recess formed by breaking the frangible web 60 as shown in Fig. 8. However, there are no first and second tabs or a first welded connection between the tabs.
For claim 1, Clodfelter (US 2011/0100990) discloses a closure cap comprising a base and a flip-top lid hingedly connected to the base, the lid movable from closed to open positions, there is a recess formed by portions 167 and 168, a first tab 51 on the flip-top lid and a second tab 53 on the base. There is no first welded connection between the tabs.
For claim 1, Logel et al. (US 2016/0101914) discloses a closure cap comprising a base and a flip-top lid hingedly connected to the base, the lid movable from closed to open positions, there is a recess formed by portions 24 and 13, However, there are no first and second tabs or a first welded connection between the tabs.
For claim 18, the closest prior art is Lay (US 5875907) and discloses a closure cap comprising a base and a flip-top lid hingedly connected to the base, the lid movable from closed to open positions, the portions 62 and 64 are inserted into side openings in a side wall of the circumferential ledge and there are no openings in an upper wall of the circumferential ledge as required by claim 18.
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHEN J CASTELLANO whose telephone number is (571)272-4535. The examiner can normally be reached Monday - Friday.
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sjc/STEPHEN J CASTELLANO/ Primary Examiner, Art Unit 3733
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