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 .
Election/Restrictions
Applicant's election without traverse of Group I (claims 1-14) in the reply filed on 06/26/2026 is acknowledged.
The requirement is still deemed proper and is therefore made FINAL.
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) 1,4-8,10-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Terauds (US 4687117 A) and further in view of Rider (US 20040144676 A1).
Regarding claim 1, Terauds teaches a lid for a container for food or beverage, said container e.g. being a disposable container for fast food, take-away, or delivery; wherein the lid comprises (fig.2 shows the container A with a lid C for food being disposable container for fast food):
an outer layer comprising an outer surface extending in a first plane (fig.2 the outer layer 46 comprising outer surface in a first plane),
an inner layer comprising an inner surface extending in a second plane, wherein the second plane is substantially parallel to the first plane, wherein the inner surface is configured to face the inside of the container (fig.2 lid C having an inner layer with inner surface extending in a second plane i.e. inner surface of the lid and planes are parallel to each other and the inner surface is capable of facing the inside of the container),
wherein:
the outer layer comprises at least one flap, wherein the flap is configured to be arranged in (fig.2 shows small flaps 48 that are cut in the top surface 46):
a closed position wherein the flap at least partially closes an opening in the outer layer (fig.3 shows the closed position where the flap is at least partially closes the opening in the outer layer since the flap are used to vent they will be closing the opening formed on the top surface of the lid), and
an opened position wherein said opening is uncovered, wherein flap is configured to be moved from the closed position to the opened position by being moved in a direction away from the inner layer (fig.3 the flaps 48 cane be in opened position where the opening is uncover and the flap is capable of being moved from closed to open position by moved in a direction away from the inner layer). Terauds does not teach the outer layer and the inner layer comprise paperboard and/or cardboard material.
Rider teaches the outer layer and the inner layer comprise paperboard and/or cardboard material (fig.1 shows the container 100 that is made of paper material including the lid). 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 material of lid disclosed by Terauds by adding the teaching of paper material as disclosed by Rider in order to save cost of manufacturing and making recycling of the lid easier.
Regarding claim 4, the references as applied to claim 1 above discloses all the limitations substantially claimed. Taradus as modified in claim* further teaches wherein in the closed position the flap is to the outer layer fixed by a breakable connection, and in the opened position said breakable connection is irreversible broken (since two positioned in claim 1 are never positively claimed; the flap 48 in fig.2 is capable of being positioned in the outer layer by a breakable connected and in the open position being irreversibly broken).
Regarding claim 5, the references as applied to claim 1 above discloses all the limitations substantially claimed. Terauds as modified in claim 1 further teaches wherein each flap comprises two perforated lines configured to be torn when the flap is moved from the closed position to the opened position (fig.3 shows the flaps 48 and since the flaps are pushed in to open them the cut around the flaps are the perforated line).
Regarding claim 6, the references as applied to claim 1 above discloses all the limitations substantially claimed. Terauds as modified in claim 1 further teaches each flap is configured to be physically connected to the outer layer in the opened position (fig.2 the flap 48 is capable of being physically connected to the outer layer in opened positioned; it is noted due to “configured to” language this is a capable to limitation and is not positively claimed).
Regarding claim 7, the references as applied to claim 1 above discloses all the limitations substantially claimed. Terauds as modified in claim 1 further teaches o wherein the outer layer comprises a cut-out adjoining to each flap, optionally at a side of the flap opposite of where the flap is physically connected to the outer layer in the opened position (fig.2 shows the flap 48 inclined downward making it the cutout and on the opposite side of the flap is bend).
Regarding claim 8, the references as applied to claim 1 above discloses all the limitations substantially claimed. Terauds as modified in claim 1 further teaches wherein the inner layer extends continuously below each flap of the outer layer (fig.2 the inner layer extends below each flap of the outer layer until 48 is broken).
Regarding claim 10, the references as applied to claim 1 above discloses all the limitations substantially claimed. Teradus as modified in claim 1 further teaches wherein the inner layer is spaced from the outer layer when seen in a direction perpendicular to the first plane and/or the second plane (fig.1 shows the cutout of the lid and the inner layer is spaced apart from the outer layer when seen in a direction perpendicular to the first plane)
Regarding claim 11, the references as applied to claim 1 above discloses all the limitations substantially claimed. Teradus as modified in claim 1 discloses the claimed invention except for at least three flaps. It would have been obvious to one having ordinary skill in the art at the time the invention was made to three flaps in order to allow more ventilation of the container’s steam, since such a modification would amount to a mere duplication of parts. It has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Regarding claim 12, the references as applied to claim 1 above discloses all the limitations substantially claimed. Terauds as modified in claim 1 further teaches wherein the lid further comprises a rim for arranging the lid on the container, wherein the inner layer and the outer layer are both connected to the rim (fig.2 shows the rim 100 arranged on the container and both layers are connected at the rim).
Regarding claim 13, the references as applied to claim 1 above discloses all the limitations substantially claimed. Terauds as modified in claim 1 further teaches wherein the lid has a circular shape (fig.2 shows the lid C is circular shaped at the top).
Regarding claim 14, the references as applied to claim 1 above discloses all the limitations substantially claimed. Terauds as modified in claim 1 further teaches a container for food or beverage, comprising a lid according to claim 1 (fig.2 shows the container B).
Claim(s) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over references as applied to claim 1 and further in view of Fear (US 4805775 A).
Regarding claim 2, the references as applied to claim 1 above discloses all the limitations substantially claimed. Terauds as modified in claim 1 does not teach wherein the lid comprises a product indication associated with each flap.
does teach wherein the lid comprises a product indication associated with each flap (fig.1 and 3 Fear show the indicia 44 associated with each flap 38). 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 outer surface next to flap disclosed by claim 1 by adding the teaching of indica associated with tabs as disclosed by Fear in order to identify the packaged product
Regarding claim 3, the references as applied to claim 2 above discloses all the limitations substantially claimed. Terauds as modified in claim 2 further teaches wherein the lid comprises more than one flap, wherein each flap has a respective product indication associated with the respective flap, wherein the respective product indications are different from each other (fig.2 shows more than one flap 48 and each will have a indicia as modified above).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over references as applied to claim 1 and further in view of Costello (US 3432087 A).
Regarding claim 5, the references as applied to claim 1 above discloses all the limitations substantially claimed. Terauds as modified in claim 1 does not teach wherein each flap comprises two perforated lines configured to be torn when the flap is moved from the closed position to the opened position.
Costello teaches wherein each flap comprises two perforated lines configured to be torn when the flap is moved from the closed position to the opened position (fig.2 shows the flap 12 with the perforated line 15). 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 flap disclosed by claim 1 by adding the teaching of perforated line around the flap as disclosed by Costello in order to have a guided cutout of the tab so it does not teach off the entire outer layer of the lid.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over references as applied to claim 1 and further in view of Cavaceppi (US 20190092516 A1).
Regarding claim 9, the references as applied to claim 1 above discloses all the limitations substantially claimed. Terauds as modified in claim 1 does not teach wherein the inner layer comprises at least one ventilation hole, wherein said ventilation holes are offset in a direction parallel to the first plane and/or second plane to any opening or hole of the outer layer, and wherein the outer layer also comprises at least one ventilation hole, wherein the ventilation holes of outer layer are offset in a direction parallel to the first plane and/or second plane relative to the ventilation holes of the inner layer.
Cavaceppi teaches wherein the inner layer comprises at least one ventilation hole, wherein said ventilation holes are offset in a direction parallel to the first plane and/or second plane to any opening or hole of the outer layer, and wherein the outer layer also comprises at least one ventilation hole, wherein the ventilation holes of outer layer are offset in a direction parallel to the first plane and/or second plane relative to the ventilation holes of the inner layer (fig.1 shows the ventilation holes 3a that are through holes so they are on the inner later and outer layer of the lid and are offset relative of the planes ). 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 lid disclosed by claim 1 by adding the teaching of ventilation system as disclosed by Cavaceppi in order to allow the exit/outflow of the heat of the foods, preventing the formation of condensation inside the box. “Advantageously said box 1 is characterized in that it is provided with a ventilation system 3 constituted by a plurality of holes on the cover 3.a corresponding with a plurality of holes on the base 3.b. Said holes on the cover 3.a, when the box 1 is closed, advantageously allow the exit/outflow of the heat of the foods, preventing the formation of condensation inside the box 1. Said holes on the base 3.b advantageously allow the ventilation of the part below the plate 2 in order to allow the cooling thereof after the box 1 has been opened in order to consume the foods contained. Said holes on the cover 3.a are adapted to be perfectly aligned with the holes on the base 3.b when the box 1 is in completely open configuration, i.e. with the external surface of the cover 1.b that touches the external surface of the base 1.a.” (0018, Cavaceppi)
Conclusion
See PTO-892 for the prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/PRINCE PAL/Examiner, Art Unit 3735
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