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 II, Figs. 9-15B in the reply filed on 06/04/2026 is acknowledged. Claims 1-12 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group, there being no allowable generic or linking claim. Claims 13-19 are pending.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/24/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because of the following:
Reference characters "302" and "304" have both been used to designate the outer circumference in Fig. 9.
Reference characters "308" and "314" have both been used to designate the inner surface in Figs. 9 and 10.
Reference characters "418" and "406" have both been used to designate the inner surface in Figs. 12.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) 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 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.
Claim(s) 13-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Martin US 2015/0175325 A1.
Regarding claim 13 Martin discloses a restricted access container (10 child resistant package), comprising:
a cover including (14 closure, Figs. 1-2):
a cover top wall (44 top surface, Fig. 1);
a cover side wall (46 retainer ring) extending downwardly from the cover top wall (Fig. 2);
a leg (extensions/ribs between 46 and rim 26, Fig. 2) extending outwardly from the cover side wall; and
a protrusion (64 and 65 closure threads) extending inwardly from the cover side wall (Fig. 2); and
a base (12 container) including:
a base bottom wall (paragraph [0026] lines 10-13);
a base side wall (34 filler neck) extending upwardly from the base bottom wall, the base side wall and base bottom wall defining a receiving area;
a flange (50 horizontal platform) extending outwardly from the base side wall (Fig. 2 and 4);
a locking mechanism (66 and 67 threads) disposed on the base side wall (Figs. 2 and 4), the locking mechanism including a recess (area between threads and below thread to the flange); and
a biasing element (16 closure release control mechanism) disposed on the flange (Fig. 4), the biasing element moveable between a first position and a second position (Figs. 5-9B), wherein the cover (14) is coupled to the base such that the biasing element moves from the first position to the second position and the protrusion (64 and 65) is disposed within the recess of the locking mechanism (the cover is twisted on so the threads mesh together and the biasing element moves to allow the locking tab to be seated, paragraph [0035]).
Regarding claim 14 Martin discloses a restricted access container claim 13 and further discloses wherein the biasing element (16) biases the cover away from the flange of the base (the biasing element pushes up against the cover when being rotated on until enough pressure forces the biasing element downward).
Regarding claim 15 Martin discloses a restricted access container claim 13 and further discloses wherein the cover (14) is rotatable relative to the base to move the cover between a locked configuration wherein the protrusion is within the recess and an unlocked configuration wherein the protrusion is out of the recess (the cover is rotated on and off so the thread/protrusion slides into the recess between the threads of the base, the threads engage each other).
Regarding claim 16 Martin discloses a restricted access container claim 15 and further discloses wherein the locking element includes an angled portion (67 and 66 have inclined side faces) and the protrusion (64 and 65) engages the angled portion as the cover is rotated relative to the base such that the cover is urged toward the flange of the base (the threads engage each other and the cover is lowered onto the base).
Regarding claim 17 Martin discloses a restricted access container claim 13 and further discloses wherein the locking mechanism (66 and 67) includes a lip extending from the locking mechanism toward the flange (the leading edge of the threads), wherein the lip engages the protrusion to prevent rotation of the cover when the protrusion is within the recess (once the protrusion is fully seated into the recess it cannot be further rotated in that direction, as the thread ends).
Regarding claim 18 Martin discloses a restricted access container claim 13 and further discloses wherein the flange (50) includes an opening (70 slots) and the biasing element moves at least partially into the opening as the biasing element moves from the first position to the second position (Figs. 7B and 8B).
Regarding claim 19 Martin discloses a restricted access container claim 13. Martin discloses substantially all the limitations of the claim(s) except for a plurality of biasing elements and a plurality locking mechanisms alternately positioned about the perimeter of the base wall. It would have been obvious to one having ordinary skill in the art at the time the invention was made to have a plurality of alternatingly positioned biasing elements and locking mechanism, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. MPEP §2144.04(VI)(B).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lauren Kmet whose telephone number is (313)446-4834. The examiner can normally be reached M-F 9am-6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Stashick can be reached at (571) 272-4561. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/L KMET/Examiner, Art Unit 3735
/Anthony D Stashick/Supervisory Patent Examiner, Art Unit 3735
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