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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 05/21/2026 has been entered.
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) 1-2 and 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wan (US20070095781A1) and further in view of Magnani (US3924772A)
Regarding claim 1, Magnani 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 (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);
- said annular step receiving a flattened edge region of the decorative item, wherein the flattened edge region engages behind the top side of the closure cap at the periphery of the top-side opening so as to fix the decorative item in the top-side opening(see annotated fig.1 below for the annular step receiving a flattened edge region of the decorative item and the flattened edge region engages behind the top side of the cap at the periphery of the top side opening to fix the item at the top side opening)
- 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). Wan does not teach wherein a raised central region of the decorative item, connected to the flattened edge region by a top-side gradation of the decorative item, protrudes through the top-side opening beyond the plane of the top side of the closure cap.
Magnani does teach wherein a raised central region of the decorative item, connected to the flattened edge region by a top-side gradation of the decorative item, protrudes through the top-side opening beyond the plane of the top side of the closure cap (see annotated fig.2 below that show the decorative item that has a raised central region connected to the flattened region by a top side gradation of the item and protrudes through the top side opening of cap 1 as seen in fig.3 clearly ) It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the central region of decorative item disclosed by Wan by adding the teaching of raised central region of the item so it protrudes from central opening as disclosed by Magnani in order to allow the user to touch the decorative item and since it protrudes out of the top side it creates a good seal between the cap and the neck of the bottle.
Annotated fig.1 of Wan
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636
885
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Annotated fig.2 of Magnani
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702
648
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Regarding claim 2, the references as applied to claim 1 above discloses all the limitations substantially claimed. Wan as modified in claim 1 above 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 as modified in claim 1 above further teaches wherein the raised central region of the decorative item engages in a precisely fitting manner in the opening in the top side of the closure cap (see annotated fig.2 and 3 of Magnani above for the raised central region of the decorative item engages in precisely fitting manner in the opening of the top side of the closure cap)
Regarding claim 5, the references as applied to claim 1 above discloses all the limitations substantially claimed. Wan as modified in claim 1 above 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(s) 7 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over references as applied to claim 1 above.
Regarding claim 7, the references as applied to claim 1 above discloses all the limitations substantially claimed. Wan as modified in claim 1 further teaches 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 as modified in claim 1 further teaches 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 above.
Regarding claim 8, the references as applied to claim 1 above discloses all the limitations substantially claimed. Wan as modified in claim 1 further teaches 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 as modified in claim 1 further teaches 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 filed 05/21/2026 have been fully considered but they are not persuasive. Applicant’s arguments are towards Wan and regarding the raised central region that is not persuasive as the new art Magnani above shows the teaching of the decorative item having a raised central region that extends beyond the top side opening the cap. It is noted that 103 rejection could of have been given other way around as well Magnani in view of Wan.
Conclusion
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/PRINCE PAL/Examiner, Art Unit 3735
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