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 § 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 1-8 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 plurality of tabs tapering inwardly such that the end perimeter has a shorter distance than the wall perimeter”. It is unclear what the distance is relative to.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1, 4, 5, 9 and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lalier (US-20220097929-A1).
Lalier discloses:
1. A storage and dispensing system (11) comprising: a container (74) operable to house liquid contents; and a closure (10) removably coupled to the container, the closure comprising a base (12) having a pour spout (24); and a cap (16) having a protuberance (26), the cap being hingedly (18) coupled to the base, and wherein the protuberance comprises a wall (80) and a plurality of tabs (82, 84, 86); the wall having a proximal end and a distal end, the distal end forming a wall perimeter along a first plane, the proximal end engaging a surface of the cap and the wall extending from the proximal end to the wall perimeter, wherein the plurality of tabs extend from the distal end of the wall to form an end perimeter along a second plane (Fig. 3; the plane does not have to be formed by the end of the tabs), the plurality of tabs tapering inwardly such that the end perimeter has a shorter distance than the wall perimeter, wherein the plurality of tabs comprise a plurality of different lengths such that distal ends of the plurality of tabs extend away from the distal end of the wall by varying amounts (Fig. 3).
4. The storage and dispensing system of claim 1, wherein the protuberance comprises a first end and a second end and wherein a first tab of the plurality of tabs provided at the first end comprises a shorter length than a second tab of the plurality tabs provided at the second end (Fig. 3).
5. The storage and dispensing system of claim 4, wherein the first end is provided in communication with a distal end of the pour spout when the system is provided in a closed position (Fig. 4).
9. A closure member (10) for selectively sealing a container opening, the closure member comprising: a projection (26) extending from at least one of a lid and a cover; the projection comprising a liquid impermeable sidewall (80), the sidewall comprising a height extending between a first end and a second end, the first end provided proximal to the at least one of a lid and a cover (Fig. 3); the second end comprising a perimeter and a plurality of angled tabs (82, 84, 86) extending inwardly toward a center of the projection; and wherein the angled tabs comprise varying lengths and wherein at least two adjacent angled tabs are spaced apart (Fig. 3).
13. A closure system (10) for a container, the closure system comprising: a closure member (12) comprising a main body portion operable to be secured to a container and allow selective dispensation of contents from the container; a rotatable lid (16) secured to the main body portion; an aperture (at 24); a projection (26) extending from the rotatable lid; the projection comprising a sidewall (80), the sidewall having a height; a distal end of the projection comprising a perimeter and a plurality of angled tabs (82, 84, 86) extending inwardly toward a center of the projection (Fig. 3); and wherein the angled tabs comprise varying lengths and wherein at least two adjacent angled tabs are spaced apart (Fig. 3).
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) 2, 3, 10 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lalier (US-20220097929-A1).
Lalier discloses all the claimed limitations as shown above but fails to teach the claimed angles and lengths. It would have been obvious to one of ordinary skill in the art before the effective filing date to have manufactured the tabs with different lengths and angles, in order to adjust for different spouts and since such a modification would have been a change in size of an existing component. A change in size is generally recognized as being within the level of ordinary skill in the art.
Claim(s) 6-8, 14-17 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lalier (US-20220097929-A1) in view of Lohrman et al. (US-20050092750-A1).
Lalier discloses all the claimed limitations as shown above but fails to teach a fitment member having an external thread and an internal thread, wherein the container is secured to the internal thread and the closure is secured to the external thread, wherein the fitment comprises a tear-away panel, wherein the fitment member comprises a central aperture operable to be provided in at least partial alignment with the aperture of the closure member.
Lohrman teaches that it was known in the art to manufacture a closure with fitment member (34) having an external thread and an internal thread (par. 0071), wherein the container is secured to the internal thread and the closure is secured to the external thread (pars. 0071 -0072), wherein the fitment comprises a tear-away panel (35).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have manufactured the system of Lalier with threads and a fitment, as taught by Lohrman, in order to provide the system with a tamper evident structure and to better protect the contents of the container, and since such a modification would be the use of known connection structure to attach components. In the modified structure the fitment member comprises a central aperture operable to be provided in at least partial alignment with the aperture of the closure member (Lalier, Fig. 4).
Claim(s) 12, 18 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lalier (US-20220097929-A1) in view of Paul et al. (US-20090101646-A1).
Lalier discloses all the claimed limitations as shown and modified above wherein the closure member comprises a polymeric material (par. 0033), but fails to teach wherein the height is variable around the perimeter at least relative to the at least one of a lid and a cover.
Auk teaches that it was known in the art to manufacture a height that s variable (Fig. 4D).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have manufactured the system with different heights, as taught by Paul, in order to adjust for different material and different spouts.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEFFREY R ALLEN whose telephone number is (571)270-7426. The examiner can normally be reached 9:00 am - 5:00 pm, Monday-Friday.
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, 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JEFFREY R ALLEN/Primary Examiner, Art Unit 3733
