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
Claims 7, 8, and 11-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on July 14, 2026.
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.
Claims 1-6, 9, 10, and 16 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 1 recites the limitation "the lid member" in line 4. There is insufficient antecedent basis for this limitation in the claim. For purposes of examination, this limitation will be interpreted as “a lid member.” Further, the recitation of “a lid member” in line 5 will be interpreted as “the lid member.”
Claim 1 recites the limitation “a surface seal layer” at line 11. There is insufficient antecedent basis for this limitation in the claim. It is unclear whether this is referring to the “surface seal layer” recited at lines 2-3, or something else. For purposes of examination, this limitation will be interpreted as “the surface seal layer.”
Claim 9 recites “on the inner step portion, a surface seal layer having a thickness smaller than a thickness of the surface seal layer of the flange portion” in lines 5-6. However, the inner step portion is formed in the flange portion. Thus, it is unclear how there can be a separate surface seal layer having a smaller thickness.
Claim 10 recites “a resin accumulation” at line 2. It is unclear whether this is referring to the “resin accumulation” recited in claim 1 at line 10, or a different resin accumulation. The claim appears to be reciting a different resin accumulation. For purposes of examination, this limitation will be interpreted as “a second resin accumulation.”
Claims 2-6, 9, 10, and 16 are also rejected as indefinite through their dependence on a rejected parent claim (details above).
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.
Claims 1-6, 9, 10, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over JP 2005119692 to Yasuike et al. (hereinafter, “Yasuike”) in view of U.S. Pub. 2007/0082151 to Hatano et al. (hereinafter, “Hatano”).
Regarding claim 1, Yasuike discloses an easy-open packaging body (see e.g., Fig. 1) comprising: a container (container 2, Fig. 1) including a flange portion (flange portion 25, Fig. 1) at a periphery of an opening (opening 24, Figs. 1, 17), and a surface seal layer (layer 21, Figs. 3-4, 17) formed at least on a top surface (see Figs. 3-4, 17) of the flange portion (flange portion 25), the surface seal layer (layer 21) being joinable to the lid member (lid 3, Figs. 1, 17) and easy to peel off (para. [0059] of attached translation) from a base material (layer 22, Figs. 3-4, 17) of the container (container 2); and a lid member (lid 3, Figs. 1, 17) configured to seal the container (see para. [0061]) by joining to the surface seal layer (layer 21) of the flange portion (flange portion 25), wherein in the flange portion (flange portion 25), a side wall portion (annotated Fig. 17B below) extending in a container axial direction (vertical direction in Fig. 17B) is formed on an outer side (see Fig. 17B) of an outer peripheral edge (annotated Fig. 17B) of a joining position (annotated Fig. 17B) with the lid member (lid 3), and a surface seal layer (layer 21 having a small thickness (see Fig. 17B) serving as an opening start portion (see Fig. 17B).
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Yasuike Annotated Figure 17B
Yasuike does not expressly disclose the surface seal layer includes a resin accumulation protruding outward from the outer peripheral edge of the joining position, and the small thickness serving as an opening start portion is on a lower or inner side of the resin accumulation.
Hatano teaches a similar easy-open packaging body comprising a container (container 1, Fig. 1) with a flange portion (flange 4, Fig. 1) and a lid member (cover member 6, Fig. 5a). Hatano teaches the lid member is configured to seal the container by joining to a surface seal layer (portion 5, see e.g., Figs. 6a-6b) of the flange portion (see Figs. 5b, 6b). Hatano teaches the surface seal layer (portion 5) includes a resin accumulation (resin pieces 51, 52, Fig. 6b or resin reservoir 54, 56, Figs. 9b, 10b, 11b) protruding outward from the outer peripheral edge of a joining position (see Figs. 6b, 9b, 10b, 11b). Hatano teaches a resin accumulation (see Figs. 6b, 9b, 10b, 11b) resulting from a seal layer (sealant layer 61, Figs. 6b, 9b, 10b, 11b) of the lid member (cover member 6) is formed between the resin accumulation (resin pieces 51, 52; resin reservoir 54, 56) and the lid member (cover member 6). Hatano further teaches that the resin accumulations formed via heat sealing between the lid member and the flange portion allow for adjusting the bonding between the lid member and the flange portion to provide high sealing strength while still enabling easy opening (see paras. [0183], [0190], [0197]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the packaging body of Yasuike to have the surface seal layer form a resin accumulation protruding outward at an outer peripheral edge of the joining portion and a seal layer of the lid member form a second resin accumulation between the resin accumulation and the lid member as taught by Hatano for the purpose of providing high sealing strength while enabling easy opening, as recognized by Hatano (see e.g., paras. [0183], [0190], [0197]). The packaging body of Yasuike as modified by Hatano would have the small thickness serving as an opening start portion be on a lower or inner side of the resin accumulation.
Regarding claim 2, Yasuike further discloses the side wall portion (annotated Fig. 17B) is a perpendicular surface extending in the container axial direction or an inclined surface (see Fig. 17B) with an outer diameter increasing (side wall portion flares outward, see Fig. 17B) toward a lower side (see Fig. 17B) in the container axial direction (vertical direction in Fig. 17B).
Regarding claim 3, Yasuike further discloses on the side wall portion (annotated Fig. 17B), a surface seal layer (layer 21) decreasing in thickness (see Fig. 17B) toward a lower side (see Fig. 17B) in the container axial direction (vertical direction in Fig. 17B) is formed (see Fig. 17B).
Regarding claim 4, Yasuike further discloses the opening start portion (annotated Fig. 17B) is located near an interface (see Fig. 17B) between the surface seal layer (layer 21) and the base material (layer 22) of the container (container 2) at the outer peripheral edge (annotated Fig. 17B) of the joining position (annotated Fig. 17B).
Regarding claim 5, Yasuike further discloses in an open operation (paras. [0012]-[0013]), cohesive failure (paras. [0012]-[0013]) of the surface seal layer (layer 21) having a small thickness (annotated Fig. 17B) occurs from the opening start portion (annotated Fig. 17B), and then interlayer peeling (paras. [0012]-[0013]) of the base material (layer 22) of the container (container 2) and the surface seal layer (layer 21) proceeds (paras. [0012]-[0013]), whereby the easy-open packaging body is opened (paras. [0012]-[0013]).
Regarding claim 6, Yasuike further discloses in the flange portion (flange portion 25), an outer step portion (portion 253, Fig. 17B) located on the outer side (see Fig. 17B) of the outer peripheral edge (annotated Fig. 17B) of the joining position (annotated Fig. 17B) with the lid member (lid 3) and on a lower side (see Fig. 17B) of a position of the joining position (annotated Fig. 17B) in the container axial direction (vertical direction in Fig. 17B) is formed (see Fig. 17B), and the side wall portion (annotated Fig. 17B) is formed between the outer peripheral edge (annotated Fig. 17B) of the joining position (annotated Fig. 17B) and an inner peripheral edge (see Fig. 17B) of the outer step portion (portion 253, see Fig. 17B).
Regarding claim 9, Yasuike further discloses in the flange portion (flange portion 25), an inner step portion (inner cut 251, Fig. 17B) is formed on an inner side (see Fig. 17B) of an inner peripheral edge (annotated Fig. 17B) of the joining position (annotated Fig. 17B) and on a lower side (see Fig. 17B) of a position of the joining position (annotated Fig. 17B) in the container axial direction (vertical direction in Fig. 17B), and on the inner step portion (inner cut 251), a surface seal layer (layer 21) having a thickness smaller (see edge of inner cut 251) than a thickness of the surface seal layer (layer 21) of the flange portion (flange portion 25) before joined to the lid member (lid 3) is formed (see Fig. 17A), or no surface seal layer is formed (see middle portion of inner cut 251, Fig. 17B).
Regarding claim 10, Yasuike as modified by Hatano already includes between the resin accumulation (Hatano, resin pieces 51, 52; resin reservoir 54, 56) and the lid member (Hatano, cover member 6), a resin accumulation (Hatano, see Figs. 6b, 9b, 10b, 11b) resulting from a seal layer (Hatano, sealant layer 61, Figs. 6b, 9b, 10b, 11b) of the lid member (Hatano, cover member 6) is formed (Hatano, see Figs. 6b, 9b, 10b, 11b).
Regarding claim 16, Yasuike further discloses the container (container 2) includes a layered body (see Fig. 17B; para. [0059]) in which the surface seal layer (layer 21) is formed on the base material layer (layer 22).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
JP 3867329 to Yasumuro et al. discloses a packaging body comprising a container with multiple layers having a flange with a joining position, and a lid member sealed to the flange (see Figs. 1-2).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAURA E. PARKER whose telephone number is (571)272-6014. The examiner can normally be reached Monday-Friday 8:00 am - 4:30 pm EST.
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/LAURA E. PARKER/Primary Examiner, Art Unit 3733
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