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 .
This office action is in response to the reply filed on 10/2/2026, wherein claims 1, 4-7 and 15 were amended. Claims 16-29 remain withdrawn from consideration.
Examiner reminds Applicant that a full claim set must be presented. Withdrawn claims 16-29 must be written out entirely in the claim set.
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 1-2, 4-10, 12-13 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Arts et al. (US 2018/0305102).
Regarding claims 1 and 15, Arts discloses an article (at 1 in Fig. 2) comprising an integrated liner seal (at 6 in Fig. 2), central dispensing aperture (aperture below element 52 in Fig. 7 is capable of being used as a dispensing aperture, and is centrally located between tabs 50A/50B as shown in Fig. 4) and dispensing spout (formed by tabs 50A/50B, as described below) capable of sealing and controlled dispensing of a product through the central dispensing aperture (at 56 in Fig. 6) of the liner seal that is smaller than an opening (upper opening of 2 in Fig. 2) provided by a rim (at 18 in Fig. 2) of a container (at 2 in Fig. 2), the article comprising: the liner seal (6) having a basewall (at 24 in Fig. 2) with a basewall perimeter (perimeter of 24, near 44 in Fig. 2) configured to seal the rim surrounding the opening the container to prevent spillage and contamination of the product held in the container, the basewall having a central portion (portion of the liner between opposing slits 56 in Fig. 5) disposed between opposing left and right side portions (portions of the seal beneath 50A and 50B in Figs. 4-5), and an opposing pair of tear lines (at 56) that define the boundaries between each respective one of the side portions and the central portion, the liner seal having a pair of spaced-apart tabs (50A, 50B) each having a first end integral with the central portion and extending outwardly toward the perimeter from an opposing one of the tear lines, each of the tabs having a second end detached from and lying above a respective one of the opposing side portions of the basewall (as shown in Figs. 4-5), wherein the integrated central dispensing aperture and spout is formed in the liner seal by pulling the tabs (if 50A/50B in Fig. 7 are folded downward on the opposing side of 52) upwardly away from the side portions to detach a first end section of the basewall perimeter from the rim and tear the central portion from the side portions (as shown in Fig. 7) along the opposing tear lines to form a detached central portion (at 52 in Fig. 7) and tabs from the basewall, leaving the central dispensing aperture in the liner and a remaining second end section of the basewall perimeter attached to the rim (bottom portion in Fig. 7), wherein the central dispensing aperture of the liner comprises a restricted orifice (below 52 in Fig. 5) that is smaller than the opening of the container, and rotating and folding the tabs along the tear lines (if 50A/50B in Fig. 7 are folded downward on the opposing side of 52) to form forms respective opposing sidewalls (surfaces of 50A and 50B) along the detached central portion, the detached central portion and opposing sidewalls forming the dispensing spout capable of controlled dispensing of a product from the central dispensing aperture of the liner, and positioning the dispensing spout and container to allow a product to flow along a channel comprising the detached central portion and between the opposing sidewalls in a controlled manner from the spout (if 50A/50B in Fig. 7 are folded downward on the opposing side of 52).
Regarding claim 2, Arts discloses the basewall is an integral disc-shaped body of multi-layer construction (as shown in Fig. 5) having opposing top and bottom surfaces (at 34 and 38 in Fig. 5) with a transverse thickness defined between the top and bottom surfaces.
Regarding claim 4, Arts discloses the multilayer basewall includes a metal (foil) layer and an inductive heat sealant (polypropylene) on the bottom surface for inductive heat sealing to the container rim.
Regarding claim 5, Arts discloses basewall includes a heat sealant on the bottom surface for convection heat sealing to the container rim (polypropylene).
Regarding claim 6, Arts discloses the liner seal is configured to fit between the container rim and a closure cap (at 3).
Regarding claim 7, Arts discloses the liner seal comprises a lidding (at 34) for sealing an opening of the container.
Regarding claim 8, Arts discloses the multi-layer construction of the basewall includes a polymer material layer (polypropylene).
Regarding claim 9, Arts discloses a top layer of the multi-layer construction of the basewall includes the tabs, detached from the side portions, and a central area attached to the central portion (See Fig. 5).
Regarding claim 10, Arts discloses the multi-layer construction of the basewall includes: a top polymer layer that forms the tabs and the central portion, a middle layer of metal for inductive heating, and a bottom layer of an inductive heat sealant.
Regarding claim 12, Arts discloses the liner seal is formed from a web of sheet material of the multi-layer construction. Furthermore, the determination of patentability in a product-by-process claim is based on the product itself, even though the claim may be limited and defined by the process. That is, the product in such a claim is unpatentable if it is the same as or obvious from the product of the prior art, even if the prior product was made by a different process. In re Thorpe, 777 F.2d 695, 697, 227 USPQ 964, 966 (Fed. Cir. 1985). A product-by-process limitation adds no patentable distinction to the claim, and is unpatentable if the claimed product is the same as a product of the prior art. (Same cite as above).
Regarding claim 13, Arts discloses the sheet material includes the tear lines extending entirely or partially through the thickness of the multi-layer construction.
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 3 is rejected under 35 U.S.C. 103 as being unpatentable over Arts et al. (US 2018/0305102) as applied to claim 2 above.
Regarding claim 3, Arts discloses the basewall perimeter is disc-shaped, the opposing tear lines are parallel to one another, and each of the tabs is rectangle shaped with rounded corners and extends from a respective tear line toward the basewall perimeter. Arts discloses the claimed invention except for the specific shape of the tabs. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the tabs of Arts to be any shape such as half-moon shaped in order to allow for ease of grasping. Furthermore, to modify the tabs to be half-moon shaped would entail a mere change in shape of tabs and yield only predictable results. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47.
Allowable Subject Matter
Claims 11 and 14 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments filed 10/2/2026 have been fully considered but they are not persuasive.
Applicant argues that ARTS does not disclose an article where a liner seal is constructed and arranged so that the liner seal can be manipulated to provide an integrated liner seal, dispensing aperture and spout as Applicant claims. Rather, in ARTS the "liner seal" and "tabs" are arranged so that what the examiner considers to be the "spout" is completely removed from the surrounding liner seal (see Figure 7), which therefore does not provide an article with integrated liner seal, dispensing aperture and spout. In fact, ARTS teaches away from the presently claimed solution by teaching complete removal of the central portion as per Fig. 7 of ARTS.
Regarding Applicant’s argument, when the liner seal (6) of Arts is partially removed from the container (as shown in Fig. 7 wherein the pull tab 26 is removed from the liner seal, but the remainder of the liner seal remains sealed to the container rim), the liner seal forms a dispensing aperture (below 52 in Fig. 7) that is capable of controlled dispensing of a product through the central dispensing aperture. Furthermore, the tabs 50A/50B are capable of forming a spout structure (if 50A/50B in Fig. 7 are folded downward on the opposing side of 52) which can assist in dispensing product from the dispensing opening.
With respect to the art rejections, in accordance with MPEP 2111.01, during examination, the claims must be interpreted as broadly as their terms reasonably allow. In re American Academy of Science Tech Center, 367 F.3d 1359, 70 USPQ2D 1827, 1834 (Fed. Cir. 2004).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN A REYNOLDS whose telephone number is (571)272-9959. The examiner can normally be reached M-F 9am-5pm.
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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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/STEVEN A. REYNOLDS/Primary Examiner, Art Unit 3735
