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 .
Response to Amendment
The amendment filed 12/03/2025 (hereafter “the amendment”) has been accepted and entered.
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.
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) 1-2 and 4-5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wan (US20070095781A1).
Regarding claim 1, Wan teaches a closure cap for placing onto a neck of a beverage bottle, comprising (fig.1 below shows the closure capable of placing onto a neck of a beverage bottle)
- a top-side opening in a top side of the closure cap (see annotated fig.1 below for top side opening on the top side of the closure cap),
- in which a disk-like decorative item inserted into the inside of the closure cap engages (see annotated fig.1 below for the disk like item inserted into the inside of the cap),
- an annular step arranged at the top side of the closure cap, which is raised annually in relation to a base area of the top side of the closure cap and is intended for receiving the decorative item (see annotated fig.1 below for an annular step at the top side of the cap and is raised annually in relation to the base area of the top side and capable for receiving the item);
- said annular step protruding upwardly out of the top side of the closure cap (see annotated fig.1 below for the step protruding upwardly out of the top side of the cap)
- wherein the closure cap at least partially has a retaining bead which runs parallel to the top side opening of the closure cap, protrudes into the closure cap (see annotated fig.1 below for retaining bead that runs parallel to the top side opening of the cap and protrudes into the closure cap),
- and into which a liner plate, likewise running parallel to the closure cap top side opening and to the decorative items engaging in the top side opening , is inserted, said liner plate at least fixing the decorative items in the position in the top side opening of the closure cap and bearing as a closure seal against a top side of the bottle neck (see annotated fig.1 below for a liner plate running parallel to the top side opening and to the decorative item engaging the top side opening and the bottom liner plate at least fixes the decorative item in position to the top side opening and bearing as a seal against the top side of the bottom neck).
Annotated fig.1 of Wan
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Regarding claim 2, the references as applied to claim 1 above discloses all the limitations substantially claimed. Wan further teaches characterized in that the retaining bead is introduced in an encircling manner into the closure cap, wherein the retaining bead in the form of a recessed depression is formed as an encircling depression out of the closure cap itself (see annotated fig.1 above for the bead being in encircling manner and the bead forming a recessed depression as an encircling depression out of the cap itself as the ends of the bead protrude out as the cap outer wall moves down).
Regarding claim 4, the references as applied to claim 1 above discloses all the limitations substantially claimed. Wan further teaches wherein the decorative item has a top-side gradation, as a result of which a flattened edge region running with respect to the outer edge of the decorative body is formed, and a central region of the decorative item that is formed raised in relation to said flattened edge region engages in a precisely fitting manner in the opening in the top side of the closure cap and protrudes out of said opening from the plane of the top side of the closure cap (see annotated fig.1 for the item having a gradation as a result which a flatten edge running with respect to the outer edge of the item body and central raised region is formed in relation to the flat edge and engage precisely fitting manner in the opening and protrudes out of the opening from the plane of the top side of the cap; it is noted that applicant does not specify how the gradation aligns or the how flat edge compares to the central region or how much does the central region protrudes out of the opening because any plane from the top side can read on the given limitation)
Regarding claim 5, the references as applied to claim 1 above discloses all the limitations substantially claimed. Wan further teaches the top-side opening is arranged in a circular and centered manner in the closure cap top side and, in a manner corresponding thereto, a raised central region of the decorative item is formed in a circular and centered manner (see annotated fig.1 of Wan above for the top side opening being arranged in a circular manner and centered of the closure cap top side and raised central region, the thickness of the decorative item, is formed in a circular and centered manner; it is noted applicant never specify the raised central region or not raised it is.).
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.
Claim(s) 7 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over references as applied to claim 1.
Regarding claim 7, the references as applied to claim 1 above discloses all the limitations substantially claimed. Wan does teach an encircling raised step on the top side of the closure cap has a height of approximately in which a flattened edge region of the decorative body engages. (see annotated fig.1 of Wan above for the raised step on the top side of the cap and has a height and is capable of engaging a flattened edge of the decorative body as it is elastic and cap bend to engage those elements similar to 4 but instead of pushing up it be pushing down). 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 height of Wan to be approximately 0.2-0.8mm in order to create a desired distance between the decorative item and the step so they engage and the decorative item to help securely. It is noted applicant states “approximately” so it is unclear if its exactly 0.2-0.8 mm or can it be higher or lower than those numbers. To modify the size of the package and retainer into the claimed cap would entail a mere change in size of the components and yield only predictable results. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). Applicant has provided no evidence that different portions of the broad range or values would work differently, here, there is no allegation of criticality or any evidence demonstrating any difference across the range therefore such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Regarding claim 10, the references as applied to claim 1 above discloses all the limitations substantially claimed. Wan does teach characterized in that the retaining bead is arranged approximately below the upper edge of the closure cap in a manner encircling parallel thereto (see annotated fig.1 of Wan above for the bead being arranged approximately below the upper edge of the closure cap in a manner encircling parallel thereto). 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 bead of Wan to be approximately 0.5-1.5 cm below the upper edge in order to create a desired distance between the bead and the size and how the cap is attached to the bottle neck. It is noted applicant states “approximately” so it is unclear if its exactly 05.-1.5 or can it be higher or lower than those numbers. To modify the size of the package and retainer into the claimed cap would entail a mere change in size of the components and yield only predictable results. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). Applicant has provided no evidence that different portions of the broad range or values would work differently, here, there is no allegation of criticality or any evidence demonstrating any difference across the range therefore such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Claim(s) 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over references as applied to claim 1.
Regarding claim 8, the references as applied to claim 1 above discloses all the limitations substantially claimed. Wan does teach the raised central region on the decorative item (see annotated fig.1 above for the raised central region of the decorative item). 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 diameter of raised central region of Wan to be 20 millimeters in order to create a desired diameter of the decorative item and depending on the size of the top side a better friction-fit of the item into the cap. To modify the size of the package and retainer into the claimed cap would entail a mere change in size of the components and yield only predictable results. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Regarding claim 9, the references as applied to claim 1 above discloses all the limitations substantially claimed. Wan does teach characterized in that a encircling flattened edge region of the decorative item (see annotated fig.1 of Wan above). 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 width of the flattened edge region of Wan to be 2-6 millimeters in order to create a desired width of the edge region and depending on the size of the top side a better friction-fit of the item into the cap and creating a tighter fit. To modify the size of the package and retainer into the claimed cap would entail a mere change in size of the components and yield only predictable results. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 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. It is recommended applicant define the gradation of the item with respect to the step more and insert those limitation into claim 1 to get over prior art and that may move the application forward.
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 PRINCE PAL whose telephone number is (571)272-7525. The examiner can normally be reached M-Th, 9:30 AM - 7:30 PM (EST).
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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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/PRINCE PAL/Examiner, Art Unit 3735
/STEVEN A. REYNOLDS/Primary Examiner, Art Unit 3735