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 .
Claim Rejections - 35 USC § 102
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.
(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) 22-23, 32-34 and 43 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stillinger et al. (US 2002/0017528) which in figure 16 below disclose the claimed invention:
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In re claim 22: a method for closing a beverage container 10 ([0022]), wherein the container 10 has a body 104 and a neck 32 connected thereto, wherein a mounting ring 34 is mounted at the neck 32, which mounting ring 34 comprises an opening 44 having at least a first snap provision (1st SP) wherein a valve 80 is pressed into said opening from a side of the mounting ring 34 facing outside the container 10 in a direction inward to the container 10, which valve 80 is snap-fit into the opening by a second snap provision (2nd SP) provided on the valve 80, cooperating with the first snap provision (1st SP) thereby closing the opening 44 (see figure 16 above of Stillinger et al.)
In re claim 23: the second snap provision (2nd SP) comprises a snap ring (ring formed by 2nd SP) or snap fingers extending outward from the valve 80, wherein when the valve 80 is snap fit into the opening 44 the snap ring (ring formed by 2nd SP) or snap fingers are at least temporarily elastically compressed inward for passing through said opening 44 (see [0056] of Stillinger et al.)
In re claim 32: the valve 80 is provided with a safety element (perimeter extending flange), which is compressed when inserting the valve in the mounting ring 34 and expands again inside, such that the safety element in the container 10, catches the valve 80 when being expelled by pressure in the container 10 (see figure 16 above and [0056] of Stillinger et al.)
a method for closing a beverage container 10 ([0022]), wherein the container 10 has a body 104 and a neck 32 connected thereto, wherein a mounting ring 34 is mounted at the neck 32, which mounting ring 34 comprises an opening 44 having at least a first snap provision (1st SP) wherein a valve 80 is pressed into said opening from a side of the mounting ring 34 facing outside the container 10 in a direction inward to the container 10, which valve 80 is snap-fit into the opening by a second snap provision (2nd SP) provided on the valve 80, cooperating with the first snap provision (1st SP) thereby closing the opening 44 (see figure 16 above of Stillinger et al.)
In re claim 33: a method for closing a beverage container 10 ([0022]), wherein the container 10 has a body 104 and a neck 32 connected thereto, wherein the neck 32 comprises an opening (opening defined by the top of 32) having at least a first snap provision 54 wherein a valve 120 is pressed into said opening, which valve 120 is snap-fit into the opening by a second snap provision 56 provided on the valve 120, cooperating with the first snap provision 54 thereby closing the opening (see [0044] –[0046] and figure 16 above of Stillinger et al.)
In re claim 34: the second snap provision 56 comprises a snap ring (ring formed by 56) or snap fingers extending outward from the valve 120, wherein when the valve 120 is snap fit into the opening the snap ring (ring formed by 56) or snap fingers are at least temporarily elastically compressed inward for passing through said opening (see [0044] –[0046] of Stillinger et al.)
In re claim 43: a method for closing a beverage container 10 ([0022]), wherein the container 10 has a body 104 and a neck 32 connected thereto, wherein the neck 32 comprises an opening (opening defined by the top of 32) having at least a first snap provision 54 wherein a valve 120 is pressed into said opening, which valve 120 is snap-fit into the opening by a second snap provision 56 provided on the valve 120, cooperating with the first snap provision 54, wherein the valve 120 is provided with a safety element (contacting flange portion of 56), which is compressed when inserting the valve 120 in the opening and expands again inside the container10 , such that the safety element, in the container 10, catches the valve 120 when being expelled by pressure in the container (see [0044] –[0046] and figure 16 above of Stillinger et al.).
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.
Claim(s) 24-25 and 35-36 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stillinger et al. (US 2002/0017528).
In re claim 24: Stillinger et al. discloses a method for closing a beverage container 10 ([0022]), wherein the container 10 has a body 104 and a neck 32 connected thereto, wherein a mounting ring 126 is mounted at the neck 32, which mounting ring 126 comprises an opening 44 having at least a first snap provision (1st SP) wherein a valve 80 is pressed into said opening 44, which valve 80 is snap-fit into the opening 44 by a second snap provision (2nd SP) provided on the valve 80, cooperating with the first snap provision (1st SP), wherein the valve 80 is pressed into said opening 44 after filling the container 10 with a beverage (see [0056] of Stillinger et al.).
Stillinger et al. does not specifically disclose filling the container 10 with a beverage through said opening 80, however, official notice is taken that filling the container with a beverage through any available opening was notoriously well-known in the art at the time the invention was effectively filed. It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to combine Stillinger et al. with this well-known technique in order to refill the beverage container after use before using it again.
Stillinger et al. discloses the claimed invention as discussed above with the exception of the following claimed limitations:
In re claim 25: the container is filled with a gas containing beverage
Stillinger et al. does not specifically disclose a gas containing beverage, however, official notice is taken that gas containing beverages in beverage bottle as disclosed by Stillinger et al. was notoriously well-known in the art at the time the invention was effectively filed. It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to combine Stillinger et al. with this well-known technique in order hold a soda within the bottle as the desired beverage.
In re claim 35: the valve is pressed into said opening after filling the container with a beverage through said opening.
Stillinger et al. does not specifically disclose filling the container 10 with a beverage through said opening 80, however, official notice is taken that filling the container with a beverage through any available opening was notoriously well-known in the art at the time the invention was effectively filed. It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to combine Stillinger et al. with this well-known technique in order to refill the beverage container after use before using it again.
In re claim 36: the container is filled with a gas containing beverage
Stillinger et al. does not specifically disclose a gas containing beverage, however, official notice is taken that gas containing beverages in beverage bottle as disclosed by Stillinger et al. was notoriously well-known in the art at the time the invention was effectively filed. It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to combine Stillinger et al. with this well-known technique in order hold a soda within the bottle as the desired beverage.
Allowable Subject Matter
Claims 26-31, 37-42 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.=
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/ERNESTO A GRANO/ Primary Examiner, Art Unit 3735