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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 6 April 2026 has been entered.
Response to Amendment
The amendment filed 6 April 2026 has been entered.
New Drawing objections are provided in the current Office action.
The Specification objections are maintained in the current Office action.
Applicant’s amendments to the Claims have overcome the previous Claim objections. The previous Claim objections have been withdrawn. However, new Claim objections have been provided in the present Office action.
Applicant’s amendments to the Claims have overcome the previous 35 USC 112(a) rejections. However, there are still grounds for 35 USC 112 rejections, which have been provided in the present Office action.
Applicant’s arguments, filed 24 September 2025, with respect to claim 66 have been fully considered and are persuasive. However, after conducting an updated search, an additional reference was identified, which teaches the amended portion of the claims. Therefore, the claims remain rejected as obvious in view of the prior art.
Status of the Claims
In the amendment dated 6 April 2026, the status of the claims is as follows: Claims 66, 81, 84-86, 92, and 95 have been amended. Claim 96 is new. Claim 94 has been cancelled.
Claims 66, 75-93, and 95-96 are pending.
Drawings
The drawings are objected to because of the following reasons:
The reference sign 284 is mentioned in the Specification but does not appear in any of the drawings (MPEP 1825, PCT Rule 11.13.l).
Figs. 30-31 and 35-36 are not in durable, black, sufficiently dense and dark, uniformly thick and well-defined, lines and strokes without colorings (MPEP 1825, PCT Rule 11.13.a). If the intent is to show a cross section, then oblique hatching should be used (MPEP 1825, PCT Rule 11.13.b).
Fig. 35 shows a scale. However, when a scale is given on a drawing, it shall be represented graphically, e.g., a bar scale (MPEP 1825, PCT Rule 11.13.d).
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: the “positioning and holding mechanism,” (claims 66, 85, and 96), the “container assembly” and “dosing container” (claims 66, 85, and 96) as well as the “solid component repository” (claims 81 and 92) are not mentioned in the Specification.
Claim Objections
Claims 75 and 86 are objected to because of the following informalities: recommend amending the claims to recite: “the preparation device.” Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are the following:
In claims 66, 85, and 96, “a positioning and holding mechanism that is configured to position and hold the container assembly” where “mechanism” is the generic placeholder and the functional limitation is “configured to position and hold the container assembly.”
Structure used from the Specification to cover the claimed functional limitation includes the “clamp” (page 57 of the Specification).
Claim 85 using an additional functional limitation for the “position and holding mechanism,” i.e., “the position and holding mechanism is configured…to provide reproducible tempering of the fluid.”
Structure used from the Specification to cover the claimed functional limitation includes the “heating plate” (page 5 of the Specification).
In claims 66, 85, and 96, “a preparation device that is configured to use the fluid to prepare a medium,” where “device” is the generic placeholder and the functional limitation is “configured to use the fluid to prepare a medium.”
Structure used from the Specification to cover the claimed functional limitation includes the “filter and/or funnel” (page 5 of the Specification).
In claims 79 and 90, a “tempering device” where “device” is the generic placeholder and the functional limitation is “tempering.”
Structure used from the Specification to cover the claimed functional limitation includes the “heating plate” (page 5 of the Specification).
In claim 81 and 92, a “dosing device for dosing at least one solid component” where “device” is the generic placeholder and the functional limitation is “for dosing at least one solid component”
Structure used from the Specification to cover the claimed functional limitation includes the “screw conveyor” (page 7 of the Specification).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 66, 75-93, and 95-96 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 66, 85, and 96 recite a “receiving area of a preparation device.” However, the original Specification and original set of Claims make no mention of a “receiving area of a preparation device.” Although the Specification discloses a “receiving area” for the first and second containers as well as the dosing device, there is no mention in the Specification of a “receiving area” for the preparation device. As a result, by using this claim limitation, the Applicant introduces new matter into the patent application.
Claim 85 recites: “the position and holding mechanism is configured…to provide reproducible tempering of the fluid.” However, the original Specification and original set of Claims make no mention using the “positioning and holding mechanism” to “provide reproducible tempering of the fluid.” As a result, by using this claim limitation, the Applicant introduces new matter into the patent application.
Claims 75 and 86 recite: “wherein: the device comprises the receiving area for receiving the container assembly; and the receiving area comprises at least two clamping elements for clamping the container assembly into the device.” By reciting “the device,” the examiner is under the presumption that the claim is referring to the “preparation device” that is recited in claims 66 and 85. However, the original Specification and original set of Claims make no mention of a “receiving area” for the separation device or “at least two clamping elements” for the separation device. As a result, by using this claim limitation, the Applicant introduces new matter into the patent application.
Claims 81 and 92 recite: “wherein the device further comprises: a solid component repository that is configured to hold at least one solid component; and a dosing device for dosing the at least one solid component, the dosing device being: connected to or connectable to the solid component repository, and configured to dose the at least one solid component from the solid component repository.” By reciting “the device,” the examiner is under the presumption that the claim is referring to the “preparation device” that is recited in claims 66 and 85. However, the original Specification and original set of Claims make no mention of a “receiving area,” a “solid component repository,” or a “dosing device” for the separation device. As a result, by using this claim limitation, the Applicant introduces new matter into the patent application.
Claims 76-80, 82-84, 87-91, 93, and 95 are rejected based on their dependence to the independent claims.
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 66, 75-93, and 95-96 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.
Claims 66, 85, and 96 recite “A container assembly….a positioning and holding mechanism that is configured to position and hold the container assembly within a receiving area of a preparation device…the container assembly is configured to be introduced into the preparation device.” The metes and bounds of the claimed “container assembly” are unclear. The claim is directed to a “container assembly.” However, the claim also requires a “positioning and holding mechanism” that holds the container assembly in the receiving area of a “preparation device,” such that the “container assembly is configured to be introduced into the preparation device.” Are the claims directed to a “container assembly” or something more than a “container assembly?” Although claimed in the body of the claim, it is not clear how the “positioning and holding mechanism” and the “separate device” can be within the scope the claimed “container assembly” according to the preamble. Recommend broadening the preamble of the claim such that the claim is not limited to a “container assembly.”
Claims 82-84 refer to claims 66 and 81 and recite the limitation "the device.” There is insufficient antecedent basis for this limitation in the claim. It is unclear if “the device” refers to the “preparation device” of claim 66 of the “dosing device” of claim 81. Recommend clarifying which device is being referenced in claims 82-84.
Claim 85 recites: “the container assembly comprising: a fluid reservoir….the container assembly, comprising a flexible fluid reservoir…” The number of fluid reservoirs within the container assembly of claim 85 is indefinite. Are two fluid reservoirs required or one fluid reservoir required? The claim appears to require two reservoirs. However, the Specification only discloses one reservoir 213. The confusion extends to later in the claim, where a “fluid reservoir” is referenced, and it is not clear if this reservoir is the reservoir introduced at the beginning of the claim or the “flexible fluid reservoir” introduced later in the claim. For the purpose of the examination, claim 85 will be interpreted under its broadest reasonable interpretation as requiring only one reservoir.
Claims 93 and 95 refer to claims 85 and 92 and recite the limitation "the device.” There is insufficient antecedent basis for this limitation in the claim. It is unclear if “the device” refers to the “preparation device” of claim 85 of the “dosing device” of claim 92. Recommend clarifying which device is being referenced in claims 93 and 95.
Claims 75-81 and 86-92 are rejected based on their dependence to the independent claims.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 82-84, 93, and 95 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claims 82-84 reference the “device of claim 81.” However, claim 81 is directed toward a “container assembly,” and two components of the container assembly are the “preparation device” and the “dosing device” (the examiner is not sure if the “device of claim 81” refers to the “preparation device” or the “dosing device”). Regardless, because claims 82-84 only refer to the “device,” and not the “container assembly,” these dependent claims do not include all of the limitations of the “container assembly,” as recited in claim 81.
Claims 93 and 95 reference the “device of claim 92.” However, claim 92 is directed toward a “container assembly,” and two components of the container assembly are the “preparation device” and the “dosing device” (the examiner is not sure if the “device of claim 92” refers to the “preparation device” or the “dosing device”). Regardless, because claims 93 and 95 only refer to the “device,” and not the “container assembly,” these dependent claims do not include all of the limitations of the “container assembly,” as recited in claim 92.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements. Alternatively, the Applicant can amend claims to recite “The container assembly of claim …” in order to overcome this rejection.
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 66, 75-76, 85-87, and 96 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schlack (WO-2017121638-A1, referencing foreign version for drawings and provided English translation for written disclosure).
Regarding claim 66, Schlack teaches a container assembly (liquid source 12 and sterilization bag 14, fig. 16) for use in dosing a fluid (“liquid,” para 0094), the container assembly comprising:
a fluid reservoir (liquid source 12, fig. 16) defining an interior portion for holding the fluid (“the liquid source 12 is designed as a Tetra Pak,” para 0094; construed such that the source 12 has a Tetra Pak has interior portion that holds liquid);
a dosing container (sterilization bag 14, fig. 16) comprising:
a housing having an interior space for receiving the fluid (the bag has exterior, which construed as a housing, and an interior space inside the bag; the bag 14 receives liquid from source 12, fig. 16, para 0094);
a dosing-container inlet (connection 141, fig. 16), in communication with the interior space (“first connection 141 for coupling the bag 14 to the liquid source 12,” para 0095; construed such that the connection 141 has communication with the interior of the bag 14, fig. 16), through which fluid can flow from the fluid reservoir into the dosing container (liquid flows down from source 12 to bag 14 through connection 141, fig. 16, para 0095); and
a dosing-container outlet (connection 142, fig. 16), in communication with the interior space, through which a dosage (“dosing,” para 0094) of the fluid can flow out of the dosing container (“bag 14 and/or the baby food concentrate source 11 can be connected to the preparation device 4 via the lower connection 142 and further to the baby bottle 10,” para 0096; construed such that connection 142 has communication with the interior of the bag 14 and that liquid flows out of the bag 14 through the connection 142, fig. 16);
a positioning and holding mechanism (clamps 18 and 19, fig. 16) that is configured to position and hold the container assembly (sterilization bag 14 is held, fig. 16) within a receiving area (area above right flap 4, fig. 16) of a preparation device (preparation device 4, fig. 16; the preparation device 4 includes a filter 41, fig. 4) that is configured to use the fluid to prepare a medium (“the baby milk concentrate and the liquid can be introduced into the container 10 and stirred there,” para 0062), wherein:
the fluid reservoir (liquid source 12, fig. 16) is integrated into the dosing container (“The bag 14 can thus be screwed onto the liquid source 12,” para 0095) such that the fluid reservoir and dosing container are in fluid communication with each other (“Liquid can thus flow from the liquid source 12 into the dosing and sterilization bag 14,” para 0094),
the container assembly (liquid source 12 and sterilization bag 14, fig. 16) is configured to be introduced into the preparation device (the sterilization bag 14 ins introduced into the preparation device 4 through the connection 142, fig. 16; para 0096), the container assembly is deliverable factory-pre-filled with the fluid (a “Tetra Pack” is deliverable factory-pre-filled with liquid, para 0094), and
the container assembly is interchangeable (“interchangeable components,” para 0012; interchangeable through the connections 141 and 142, fig. 16) and configured as a disposable article (“disposable items,” para 0063).
Schlack, fig. 16
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Regarding claim 75, Schlack teaches wherein: the device comprises the receiving area (area above right flap 4, fig. 16) for receiving the container assembly (connection from 142 inserts into the right flap 4, fig. 16); and the receiving area comprises at least two clamping elements (clamps 18 and 19, fig. 16) for clamping the container assembly into the device (sterilization bag 14 is clamped, fig. 16).
Regarding claim 76, Schlack teaches wherein the at least two clamping elements (clamps 18 and 19, fig. 16) selectively cooperate to enclose or deliver a dose of the fluid (para 0098).
Regarding claim 85, Schlack teaches a container assembly (liquid source 12 and sterilization bag 14, fig. 16) for use in dosing a fluid (“liquid,” para 0094), the container assembly comprising:
a fluid reservoir (liquid source 12, fig. 16) defining an interior portion for holding the fluid (“the liquid source 12 is designed as a … container,” para 0094; construed such that the source 12is container has an interior portion that holds liquid);
a dosing container (sterilization bag 14, fig. 16) comprising:
a housing having an interior space for receiving the fluid (the bag has exterior, which construed as a housing, and an interior space inside the bag; the bag 14 receives liquid from source 12, fig. 16, para 0094);
a dosing-container inlet (connection 141, fig. 16), in communication with the interior space (“first connection 141 for coupling the bag 14 to the liquid source 12,” para 0095; construed such that the connection 141 has communication with the interior of the bag 14, fig. 16), through which fluid can flow from the fluid reservoir into the dosing container (liquid flows down from source 12 to bag 14 through connection 141, fig. 16, para 0095); and
a dosing-container outlet (connection 142, fig. 16), in communication with the interior space, through which a dosage (“dosing,” para 0094) of the fluid can be dispensed (“bag 14 and/or the baby food concentrate source 11 can be connected to the preparation device 4 via the lower connection 142 and further to the baby bottle 10,” para 0096; construed such that connection 142 has communication with the interior of the bag 14 and that liquid dispenses out of the bag 14 through the connection 142, fig. 16);
a positioning and holding mechanism (clamps 18 and 19 and heating plate 22, fig. 16) that is configured to position and hold the container assembly (sterilization bag 14 is held, fig. 16) within a receiving area (area above right flap 4, fig. 16) of a preparation device (preparation device 4, fig. 16; the preparation device 4 includes a filter 41, fig. 4) that is configured to use the fluid to prepare a medium (“the baby milk concentrate and the liquid can be introduced into the container 10 and stirred there,” para 0062), wherein the positioning and holding mechanism is configured to maintain the container assembly (the clamps 18 and 19 maintain the bag 14 ad source 12, fig. 6), comprising a flexible fluid reservoir (liquid source 12, fig. 16; “flexible container, such as a bag,” para 0053), in a defined spatial position (position of source 12 in fig. 16) during fluid dosing and emptying to provide reproducible tempering of the fluid (heating plate 22 provides reproducible heating “in the area of the dosing and sterilization bag 14,” para 0098), wherein:
the dosing container and fluid reservoir are connected to each other in one piece as a unit (“The bag 14 can thus be screwed onto the liquid source 12,” para 0095) and are in fluid communication with each other (“Liquid can thus flow from the liquid source 12 into the dosing and sterilization bag 14,” para 0094),
the container assembly (liquid source 12 and sterilization bag 14, fig. 16) is configured to be introduced into the preparation device (the sterilization bag 14 ins introduced into the preparation device 4 through the connection 142, fig. 16; para 0096) that is configured to use the fluid to prepare the medium (para 0062), and
the container assembly is interchangeable (“interchangeable components,” para 0012; interchangeable through the connections 141 and 142, fig. 16) and configured as a disposable article (“disposable items,” para 0063).
Regarding claim 86, Schlack teaches wherein: the device comprises the receiving area (area above right flap 4, fig. 16) for receiving the container assembly (connection from 142 inserts into the right flap 4, fig. 16); and the receiving area comprises at least two clamping elements (clamps 18 and 19, fig. 16) for clamping the container assembly into the device (sterilization bag 14 is clamped, fig. 16).
Regarding claim 87, Schlack teaches wherein the at least two clamping elements (clamps 18 and 19, fig. 16) selectively cooperate to enclose or deliver a dose of the fluid (para 0098).
Regarding claim 96, Schlack teaches a container assembly (liquid source 12 and sterilization bag 14, fig. 16) for use in dosing a fluid (“liquid,” para 0094), the container assembly comprising:
a fluid reservoir (liquid source 12, fig. 16) defining an interior portion for holding the fluid (“the liquid source 12 is designed as a Tetra Pak,” para 0094; construed such that the source 12 has a Tetra Pak has interior portion that holds liquid);
a dosing container (sterilization bag 14, fig. 16) comprising:
a housing having an interior space for receiving the fluid (the bag has exterior, which construed as a housing, and an interior space inside the bag; the bag 14 receives liquid from source 12, fig. 16, para 0094);
a dosing-container inlet (connection 141, fig. 16), in communication with the interior space (“first connection 141 for coupling the bag 14 to the liquid source 12,” para 0095; construed such that the connection 141 has communication with the interior of the bag 14, fig. 16), through which fluid can flow from the fluid reservoir into the dosing container (liquid flows down from source 12 to bag 14 through connection 141, fig. 16, para 0095); and
a dosing-container outlet (connection 142, fig. 16), in communication with the interior space, through which a dosage (“dosing,” para 0094) of the fluid can flow out of the dosing container (“bag 14 and/or the baby food concentrate source 11 can be connected to the preparation device 4 via the lower connection 142 and further to the baby bottle 10,” para 0096; construed such that connection 142 has communication with the interior of the bag 14 and that liquid flows out of the bag 14 through the connection 142, fig. 16);
a positioning and holding mechanism (clamps 18 and 19, fig. 16) that is configured to position and hold the container assembly (sterilization bag 14 is held, fig. 16) within a receiving area (area above right flap 4, fig. 16) of a preparation device (preparation device 4, fig. 16; the preparation device 4 includes a filter 41, fig. 4) that is configured to use the fluid to prepare a medium (“the baby milk concentrate and the liquid can be introduced into the container 10 and stirred there,” para 0062), wherein:
the fluid reservoir (liquid source 12, fig. 16) is integrated into the dosing container (“The bag 14 can thus be screwed onto the liquid source 12,” para 0095) such that the fluid reservoir and dosing container are in fluid communication with each other (“Liquid can thus flow from the liquid source 12 into the dosing and sterilization bag 14,” para 0094),
the container assembly (liquid source 12 and sterilization bag 14, fig. 16) is configured to be introduced into the preparation device (the sterilization bag 14 ins introduced into the preparation device 4 through the connection 142, fig. 16; para 0096), and
the container assembly is interchangeable (“interchangeable components,” para 0012; interchangeable through the connections 141 and 142, fig. 16) and configured as a disposable article (“disposable items,” para 0063).
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.
Claims 77-80 and 88-91 are rejected under 35 U.S.C. 103 as being unpatentable over Schlack (WO-2017121638-A1, referencing foreign version for drawings and provided English translation for written disclosure) as applied to claims 66, 75-76, and 85-86 above and further in view of Suzuki et al. (US-20180065838-A1).
Regarding claim 77, Schlack teaches wherein the at least two clamping elements (clamps 18 and 19, fig. 16) comprise:
a first pair of clamping elements (claim 18, fig. 16) disposed adjacent an outlet of the container assembly (clamp 18 positioned near connection 142, fig. 16; a “pair of clamping elements” is not explicitly disclosed) so that the first pair of clamping elements can selectively prevent the fluid from exiting the container assembly through the container assembly's outlet (“prevented,” para 0098); and a second pair of clamping elements (clamp 19, fig. 16) disposed adjacent an inlet of the container assembly (clamp 19 is near connection 141, fig. 16) so that the second pair of clamping elements can selectively prevent the fluid from entering the container assembly through the container assembly's inlet (“prevented,” para 0098).
Schlack does not explicitly disclose a first pair of clamping elements; a second pair of clamping elements (“pairs of clamping elements” are not explicitly disclosed).
However, reasonably pertinent to the same problem of dispensing liquids, Suzuki teaches a first pair of clamping elements (members 73, figs. 7A-C); a second pair of clamping elements (members 71, figs. 7A-C).
Suzuki, figs. 7A-C
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Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to modify the invention of Schlack, in view of the teachings of Suzuki, by using members 71 and 73, as taught by Suzuki, for the clamps 19 and 18, as taught by Schlack, in order to use pushing/pulling members that serve as opening/closing mechanisms, which can be used to control a specific amount of liquid that can be appropriately ejected from container (Suzuki, paras 0157 and 0161).
Regarding claim 78, the combination of Schlack in view of Sharon, Ameye, and Suzuki as set forth above regarding claim 77 partially teaches the invention of claim 78.
Specifically, Schlack teaches the first pair of clamping elements is arranged to prevent the fluid from exiting the container assembly through the container assembly's outlet (clamp 18 positioned near connection 142, fig. 16) in a closed position of the first pair of clamping elements (“prevented,” para 0098); and the second pair of clamping elements (clamp 19, fig. 16) is arranged to prevent the fluid from entering the container assembly through the container assembly's inlet (clamp 19 is positioned near the connection 141, fig. 16) in a closed position of the second pair of clamping elements (“prevented,” para 0098). Additionally, Suzuki teaches the first pair of clamping elements (members 73, figs. 7A-C); the second pair of clamping elements (members 71, figs. 7A-C).
Schlack does not explicitly disclose wherein the at least two clamping elements further comprise: a third pair of clamping elements, disposed between the first and second pairs of clamping elements, that is arranged to selectively apply pressure to side walls of the container assembly to selectively dispense a dosage of the fluid from the container assembly.
However, reasonably pertinent to the same problem of dispensing liquids, Suzuki teaches wherein the at least two clamping elements (members 71 and 73, figs. 7A-C) further comprise: a third pair of clamping elements (members 72, figs. 7A-C), disposed between the first and second pairs of clamping elements, that is arranged to selectively apply pressure to side walls of the container assembly to selectively dispense a dosage of the fluid from the container assembly (para 0160).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to modify the invention of Schlack, in view of the teachings of Suzuki, by using members 72, as taught by Suzuki, between the clamps 19 and 18, as taught by Schlack, in order to use the pushing/pulling members 72 as a pressurizing mechanism to assist with the discharge by closing the members while the liquid is being ejected (Suzuki, para 0160).
Regarding claim 79, Schlack teaches wherein at least one of the pairs of clamping elements (clamps 18 and 19, fig. 16) comprises a tempering device (heating plate 22, fig. 16; construed such that the clamp 19 comprises the heating plate 22, fig. 16 and that a heating device is equivalent to a heating plate).
Regarding claim 80, Schlack teaches wherein the first pair of clamping elements (clamp 19, fig. 16) is adapted to selectively seal the container assembly in a sterile manner so that no bacteria or germs can enter the container assembly's outlet opening (para 0098).
Regarding claim 88, Schlack teaches wherein the at least two clamping elements (clamps 18 and 19, fig. 16) comprise:
a first pair of clamping elements (claim 18, fig. 16) disposed adjacent an outlet of the container assembly (clamp 18 positioned near connection 142, fig. 16; a “pair of clamping elements” is not explicitly disclosed) so that the first pair of clamping elements can selectively prevent the fluid from exiting the container assembly through the container assembly's outlet (“prevented,” para 0098); and a second pair of clamping elements (clamp 19, fig. 16) disposed adjacent an inlet of the container assembly (clamp 19 is near connection 141, fig. 16) so that the second pair of clamping elements can selectively prevent the fluid from entering the container assembly through the container assembly's inlet (“prevented,” para 0098).
Schlack does not explicitly disclose a first pair of clamping elements; a second pair of clamping elements (“pairs of clamping elements” are not explicitly disclosed).
However, reasonably pertinent to the same problem of dispensing liquids, Suzuki teaches a first pair of clamping elements (members 73, figs. 7A-C); a second pair of clamping elements (members 71, figs. 7A-C).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to modify the invention of Schlack, in view of the teachings of Suzuki, by using members 71 and 73, as taught by Suzuki, for the clamps 19 and 18, as taught by Schlack, in order to use pushing/pulling members that serve as opening/closing mechanisms, which can be used to control a specific amount of liquid that can be appropriately ejected from container (Suzuki, paras 0157 and 0161).
Regarding claim 89, the combination of Schlack in view of Sharon, Ameye, and Suzuki as set forth above regarding claim 88 partially teaches the invention of claim 89.
Specifically, Schlack teaches the first pair of clamping elements is arranged to prevent the fluid from exiting the container assembly through the container assembly's outlet (clamp 18 positioned near connection 142, fig. 16) in a closed position of the first pair of clamping elements (“prevented,” para 0098); and the second pair of clamping elements (clamp 19, fig. 16) is arranged to prevent the fluid from entering the container assembly through the container assembly's inlet (clamp 19 is positioned near the connection 141, fig. 16) in a closed position of the second pair of clamping elements (“prevented,” para 0098). Additionally, Suzuki teaches the first pair of clamping elements (members 73, figs. 7A-C); the second pair of clamping elements (members 71, figs. 7A-C).
Schlack does not explicitly disclose wherein the at least two clamping elements further comprise: a third pair of clamping elements, disposed between the first and second pairs of clamping elements, that is arranged to selectively apply pressure to side walls of the container assembly to selectively dispense a dosage of the fluid from the container assembly.
However, reasonably pertinent to the same problem of dispensing liquids, Suzuki teaches wherein the at least two clamping elements (members 71 and 73, figs. 7A-C) further comprise: a third pair of clamping elements (members 72, figs. 7A-C), disposed between the first and second pairs of clamping elements, that is arranged to selectively apply pressure to side walls of the container assembly to selectively dispense a dosage of the fluid from the container assembly (para 0160).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to modify the invention of Schlack, in view of the teachings of Suzuki, by using members 72, as taught by Suzuki, between the clamps 19 and 18, as taught by Schlack, in order to use the pushing/pulling members 72 as a pressurizing mechanism to assist with the discharge by closing the members while the liquid is being ejected (Suzuki, para 0160).
Regarding claim 90, Schlack teaches wherein at least one of the pairs of clamping elements (clamps 18 and 19, fig. 16) comprises a tempering device (heating plate 22, fig. 16; construed such that the clamp 19 comprises the heating plate 22, fig. 16 and that a heating device is equivalent to a heating plate).
Regarding claim 91, Schlack teaches wherein the first pair of clamping elements (clamp 19, fig. 16) is adapted to selectively seal the container assembly in a sterile manner so that no bacteria or germs can enter the container assembly's outlet opening (para 0098).
Claims 81-82, 84, 92-93, and 95 are rejected under 35 U.S.C. 103 as being unpatentable over Schlack (WO-2017121638-A1, referencing foreign version for drawings and provided English translation for written disclosure) as applied to claims 66 and 85 above and further in view of White et al. (US-20130306672-A1).
Regarding claim 81, Schlack teaches wherein the device (preparation device 4, fig. 16) further comprises: a solid component repository (concentrate source 11, fig. 16; the source 11 is construed as being included within the preparation device 4) that is configured to hold at least one solid component (“baby food concentrate,” para 0096); and a dosing device (“screw conveyor,” para 0052) for dosing the at least one solid component (“different dosages,” para 0052), the dosing device being configured to dose the at least one solid component from the solid component repository (“The baby milk concentrate can alternatively or additionally be fed into container 10 via other feeding means, for example a screw conveyor,” para 0052).
Schlack does not explicitly disclose the dosing device being connected to or connectable to the solid component repository.
However, in the same field of endeavor baby formula preparation devices, White teaches the dosing device (screw 26, fig. 2) being connected to or connectable to the solid component repository (hopper 20, fig. 2).
White, fig. 2
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Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to modify the invention of Schlack, in view of the teachings of White, by using a combined hopper 20 and screw conveyor 26, as taught by White, instead of a separate concentrate source 11 and screw conveyor, as taught by Schlack, in order to easily remove the hopper an screw together for the purpose of cleaning or replacement without risk of damage to delicate components such as the motor for the screw conveyor (White, para 0039).
Regarding claim 82, the combination of Schlack in view of White as set forth above regarding claim 81 teaches the invention of claim 82. Specifically, White teaches wherein the solid component repository (hopper 20, fig. 2) and the dosing device (screw 26, fig. 2) are integrated into or combined as a single, selectively replaceable unit (para 0039)
Regarding claim 84, Schlack teaches wherein the device (preparation device 4, fig. 16) comprises the preparation device (preparation device 4, fig. 16) for preparing the medium from the at least one solid component and the fluid (“the baby milk concentrate and the liquid can be introduced into the container 10 and stirred there,” para 0062).
Regarding claim 92, Schlack teaches wherein the device (preparation device 4, fig. 16) further comprises: a solid component repository (concentrate source 11, fig. 16; the source 11 is construed as being included within the preparation device 4) that is configured to hold at least one solid component (“baby food concentrate,” para 0096); and a dosing device (“screw conveyor,” para 0052) for dosing the at least one solid component (“different dosages,” para 0052), the dosing device being configured to dose the at least one solid component from the solid component repository (“The baby milk concentrate can alternatively or additionally be fed into container 10 via other feeding means, for example a screw conveyor,” para 0052).
Schlack does not explicitly disclose the dosing device being connected to or connectable to the solid component repository.
However, in the same field of endeavor baby formula preparation devices, White teaches the dosing device (screw 26, fig. 2) being connected to or connectable to the solid component repository (hopper 20, fig. 2).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to modify the invention of Schlack, in view of the teachings of White, by using a combined hopper 20 and screw conveyor 26, as taught by White, instead of a separate concentrate source 11 and screw conveyor, as taught by Schlack, in order to easily remove the hopper an screw together for the purpose of cleaning or replacement without risk of damage to delicate components such as the motor for the screw conveyor (White, para 0039).
Regarding claim 93, the combination of Schlack in view of White as set forth above regarding claim 92 teaches the invention of claim 93. Specifically, White teaches wherein the solid component repository (hopper 20, fig. 2) and the dosing device (screw 26, fig. 2) are integrated into or combined as a single, selectively replaceable unit (para 0039)
Regarding claim 95, Schlack teaches wherein the device (preparation device 4, fig. 16) comprises the preparation device (preparation device 4, fig. 16) for preparing the medium from the at least one solid component and the fluid (“the baby milk concentrate and the liquid can be introduced into the container 10 and stirred there,” para 0062).
Claim 83 is rejected under 35 U.S.C. 103 as being unpatentable over Schlack (WO-2017121638-A1, referencing foreign version for drawings and provided English translation for written disclosure) in view of White et al. (US-20130306672-A1) as applied to claims 66 and 81 above and further in view of Vuijk (US-20080277512-A1).
Schlack teaches the invention as described above but does not explicitly disclose wherein the device comprises a grinder for grinding and/or grinding and dosing.
However, reasonably pertinent to the same problem of dispensing liquids, Vuijk teaches wherein the device (fig. 3) comprises a grinder for grinding (grinder 112, fig. 3; para 0036) and/or grinding and dosing (dosing is provided by the second hopper 104, fig. 3).
Vuijk, fig. 3
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Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to modify the invention of Schlack/White, in view of the teachings of Vuijk, by using a second hopper 102 with a grinder 112, as taught by Vuijk, in addition the screw conveyor and hopper, as taught by White, in order to grind coffee beans using the same common screw conveyor mechanism that provides dosing, for the advantage of providing an additional grinding feature, which does not require any additional drive mechanisms (Vuijk, para 0007).
Response to Argument
Applicant' s arguments filed 6 April 2026 have been fully considered but are moot because the arguments do not apply to the new rejections of Schlack (WO-2017121638-A1). Previously, a difference reference was used for the prior-art rejections (DE-102016000406-A1).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Fischell et al. (US-4573994-A) teach an infusion apparatus, which can be construed as the claimed preparation device.
Amitz (US-20130158501-A1) teaches an insulin dosing device, which can cover most of the limitations of claim 66.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERWIN J WUNDERLICH whose telephone number is (571)272-6995. The examiner can normally be reached Mon-Fri 7:30-5:30.
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/ERWIN J WUNDERLICH/Examiner, Art Unit 3761 6/13/2026
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