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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/20/2025 and 02/02/2026 are being considered by the examiner.
Claim Objections
Claim 18 is objected to because of the following informalities: In line 12, applicant recites “third and fourth dynamic panels. the plurality…”, which a period is at end of “panels”. Applicant should change the period to a comma. Appropriate correction is required.
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 9, 18-19 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.
As to claim 9, applicant recites “ the column rib” which is lack of proper antecedent basis since claim 1, 7 and 8 never mention “a column rib”. “a column rib is first introduce in claim 6. Perhaps claims 7, 8 and 9 should all depended on claim 6? Correction is required.
As to claims 18, it appear that applicant have many overlapping language such as “the plurality of pillars comprises first, second, third and fourth pillars, wherein each of the first, second, third and fourth pillars is substantially rounded outward relative to a vertical axis of the container; and the plurality of dynamic panels comprises first, second, third and fourth dynamic panels, wherein the first dynamic panel extends between the first pillar and the second pillar, is substantially parallel to the third dynamic panel, and is substantially perpendicular to each of the second and fourth dynamic panels”, the overlapping same limitation creates confusion to the examiner with various antecedent basis issue. Examiner suggest applicant to review the claim and correct the claim accordingly.
Claim 19 is also rejected under 112(a) due to its dependency to claim 18.
Claim Rejections - 35 USC § 102
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.
Claims 1, 3-5, 7, 10-20 are is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mast et al (2010/0155360)
As to claim 1, Mast discloses a container (10) comprising a body (Figure 1), the body comprising a plurality of pillars (26, 28, 30, 32), the body further comprising a plurality of dynamic panels (34, 36 , 38, 40), the plurality of pillars comprises first, second, third and fourth pillars (26, 28, 30, 32), wherein each of the first, second, third and fourth pillars is substantially rounded outward relative to a vertical axis of the container (Figure 5 shows each of the pillars are outward rounded); and the plurality of dynamic panels comprises first, second, third and fourth dynamic panels (34, 36 , 38, 40), wherein the first dynamic panel extends between the first pillar and the second pillar, is substantially parallel to the third dynamic panel, and is substantially perpendicular to each of the second and fourth dynamic panels, such that the plurality of pillars are positioned at corners of the container (Figures 1-5) , wherein each of the first, second, third and fourth pillars has greater stiffness than each of the first, second, third and fourth dynamic panels ([0025] teaches the column 26 , 28, 30, 32 provide vertical strength and resistance to longitudinal flexure or bending as well as hoop strength to resist internal pressure, while panels 34, 38, 40, 42 resist bending and flexure due to internal vacuum pressure ), such that the container is configured for controlled deformation in which one or more of the first, second, third and fourth dynamic panels deform under top loading or vacuum pressure, to thereby reduce a pressure differential between an inner volume of the container and a space external to the container, without any deformation of the first, second, third and fourth pillars.
As to claim 3, Mast further discloses wherein each of the first, second, third and fourth dynamic panels comprises a dynamic structural feature (100, 102, 104), to thereby provide at least part of the greater stiffness of each of the first, second, third and fourth pillars relative to each of the first, second, third and fourth dynamic panels ([0034]).
As to claim 4, Mast further discloses the dynamic structural feature is selected from the group consisting of vertical ribs (Figures 2 and 3 shows the vertical ribs).
As to claim 5, Mast further discloses each of the plurality of dynamic panels is recessed from an outer periphery of the container relative to each of the plurality of pillars (best seem in Figure 8).
As to claim 7, Mast further discloses a base (20) extending from a lower portion of the body, the base comprising a bottom panel that encloses an inner volume of the container.
As to claim 10, Mast further discloses the base tapers with an inward slope as the base extends from the lower portion of the body to the bottom panel, such that the bottom panel has a smaller horizontal cross-section than that of the lower portion of the body (Figure 6 shows the tapered portion 20, and Figures 5-6 shows the horizontal bottom panel).
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As to claims 11-12, Mast further discloses a shoulder (18) extending from a neck (14) comprising a mouth (16) of the container to an upper portion of the body (56), the shoulder configured to transfer top load applied to the container to the plurality of pillars, the shoulder has an outward slope from about 15 degrees to about 35 degrees relative to the vertical axis of the container as the shoulder extends from the neck to the upper portion of the body (as shown in Figure 2, at the neck 14 of the container, which the slope is about 0 degrees and slowly outward slope to about 45 degrees, the slope transition between 0-45 degrees, which the range meet applicant’s range from 15 degrees to about 35 degrees).
As to claim 13, Mast further discloses the body has a configuration selected from the group consisting of (a) a breath and a width of the body are substantially constant throughout an entire height of the body, from the shoulder to the base (Figure 2, the breath and the width of the body (24) are substantially constant)
As to claim 14, Mast further discloses the plurality of pillars have identical dimensions to each other (can be seem in Figure 8, which the pillars 26, 28, 30, 32 are identical in dimension), and the plurality of dynamic panels have an identical height to each other (as shown in Figure 1), the first and third dynamic panels have the same width as each other, the second and fourth dynamic panels have the same width as each other, and the width of each of the first and third dynamic panels is different than the width of each of the second and fourth dynamic panels, such that the body has a substantially rectangular horizontal cross-section aside from the plurality of pillars which are substantially curved outward (best seem in Figure 8, the two opposite side 36 and 40 of the dynamic panel have the same width and the other opposite side 34 and 44 have the same width that is different than the width of the panel 36 and 40).
As to claims 15-17, Mast further discloses the method of storing a liquid product comprising filling the liquid product ([0020]), sealing the container, which has the liquid product therein, with a cap (12) and the liquid product is a beverage (fruit juice or sports drink ([0020]).
As to claim 18, Mast discloses a method of manufacturing a container (10) for a liquid product ([0020] teaches the container designed to be filled with liquid), the method comprising forming a body of the container, the body comprising a plurality of pillars (26, 28, 30, 32), and further comprising a plurality of dynamic panels (34, 36 , 38, 40),, the plurality of pillars comprises first, second, third and fourth pillars(26, 28, 30, 32), wherein each of the first, second, third and fourth pillars is substantially rounded outward relative to a vertical axis of the container (Figure 5 shows each of the pillars are outward rounded); and the plurality of dynamic panels comprises first, second, third and fourth dynamic panels (34, 36 , 38, 40), wherein the first dynamic panel extends between the first pillar and the second pillar, is substantially parallel to the third dynamic panel, and is substantially perpendicular to each of the second and fourth dynamic panels, such that the plurality of pillars are positioned at corners of the container (Figures 1-5) , wherein each of the first, second, third and fourth pillars has greater stiffness than each of the first, second, third and fourth dynamic panels ([0025] teaches the column 26 , 28, 30, 32 provide vertical strength and resistance to longitudinal flexure or bending as well as hoop strength to resist internal pressure, while panels 34, 38, 40, 42 resist bending and flexure due to internal vacuum pressure ), such that the container is configured for controlled deformation in which one or more of the first, second, third and fourth dynamic panels deform under top loading or vacuum pressure, to thereby reduce a pressure differential between an inner volume of the container and a space external to the container, without any deformation of the first, second, third and fourth pillars.
As to claim 19, Mast further disclose molding the container ([0007] teaches the container being hot-fillable, blow-molded plastic container).
As to claim 20, Mast discloses a method of using a liquid product, the method comprising pouring at least a portion of a liquid product housed by a container from the container (the liquid such as juice can be pour out from the container), the container (10) comprising a body (Figure 1), the body comprising a plurality of pillars (26, 28, 30, 32), the body further comprising a plurality of dynamic panels (34, 36 , 38, 40), the plurality of pillars comprises first, second, third and fourth pillars (26, 28, 30, 32), wherein each of the first, second, third and fourth pillars is substantially rounded outward relative to a vertical axis of the container (Figure 5 shows each of the pillars are outward rounded); and the plurality of dynamic panels comprises first, second, third and fourth dynamic panels (34, 36 , 38, 40), wherein the first dynamic panel extends between the first pillar and the second pillar, is substantially parallel to the third dynamic panel, and is substantially perpendicular to each of the second and fourth dynamic panels, such that the plurality of pillars are positioned at corners of the container (Figures 1-5) , wherein each of the first, second, third and fourth pillars has greater stiffness than each of the first, second, third and fourth dynamic panels ([0025] teaches the column 26 , 28, 30, 32 provide vertical strength and resistance to longitudinal flexure or bending as well as hoop strength to resist internal pressure, while panels 34, 38, 40, 42 resist bending and flexure due to internal vacuum pressure ), such that the container is configured for controlled deformation in which one or more of the first, second, third and fourth dynamic panels deform under top loading or vacuum pressure, to thereby reduce a pressure differential between an inner volume of the container and a space external to the container, without any deformation of the first, second, third and fourth pillars.
Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Mast et al (2010/0155360) in view of Hanifl et al (5,358,148).
As to claim 2, Mast further discloses the body is one integral piece of material, but does not disclose each of the first, second, third and fourth pillars has a greater wall thickness than each of the first, second, third and fourth dynamic panels, to thereby provide at least part of the greater stiffness of each of the first, second, third and fourth pillars relative to each of the first, second, third and fourth dynamic panels.
Nevertheless, Hanifl discloses a container comprises a hollow container, the container having four corner pillars (44), the sidewalls (42’) between four corner pillars are thinner than the four corner pillars (column 3, lines 54-61), the first, second, third and fourth pillars has a greater wall thickness than each of the first, second, third and fourth sidewall panels. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the four corner pillars of Mast with greater thickness in compare to the dynamic panels as taught by Hanifl in order to provide greater vertical stability to the container body when the pressure is from the top and the bottom.
Claims 6-9 are rejected under 35 U.S.C. 103 as being unpatentable over Mast et al (2010/0155360) in view of Ring et al (10,093,444).
As to claims Mast does not disclose each of the plurality of pillars comprises a column rib that forms a groove in a corresponding one of the plurality of pillars, the base comprises a plurality of base ribs that each form a groove in the base and are each aligned with a corresponding one of the plurality of pillars and each of the plurality of base ribs is continuous with the column rib of the corresponding one of the plurality of pillars. Nevertheless, Ring discloses a container (10) comprises a four corners pillars (70), each of the four corner ribs comprises a column rib (70a( that forms a groove in a corresponding one of the plurality of the pillars (Figure 3), a base (60) further comprises a plurality of base ribs that each form a groove in the base and are each aligned with a corresponding one of the plurality of pillars and each of the plurality of base ribs is continuous with the column rib of the corresponding one of the plurality of pillars (as shown in Figure 3, the groove of the column rib connect is continuous with the base rib at the bottom of the pillars). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the four corner pillars of Mast corner grooves extend from the pillars to the base as taught by Ring in order to provide additional vertical stability to the overall container.
Conclusion
Examiner has cited particular paragraphs and/or columns and line numbers in the references as applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested of the applicant, in preparing responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or prior art(s) disclosed by the Examiner (in the attached PTO-892 form).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHUN HOI CHEUNG whose telephone number is (571)270-5702. The examiner can normally be reached Monday to Friday 9AM-5:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E Aviles 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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/CHUN HOI CHEUNG/Primary Examiner, Art Unit 3736
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