DETAILED ACTION
Claim Rejections - 35 USC § 112
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 3 and 8 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.
Claim 3 and 8 recites the limitation "its". The antecedent basis of the claim language is confusing as it is unclear what structure is being referred to.
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) 1-11 are rejected under 35 U.S.C. 103 as being unpatentable over Schlenker (EP 2361840) in view of Laible (US 5165578 A).
Claims 1 and 6, Schlenker discloses a container body (1) for receiving liquid (FIG 1);
a neck (2) carried on the container body having a threaded exterior surface (FIG 3);
a spout (5) having a base flange arranged for abutting a rim of the neck (13);
a tubular body which is internally threaded at opposite first and second ends of the tubular body (3a, 3b) to be threadably matable on the neck of the container in a first position (FIG 6) in which the first end is engaged with the neck and in a second position (FIG 7) in which the second end is engaged with the neck;
a plug (4) which is threadably matable and adapted to form a seal with the tubular body at the first end thereof when the tubular body is arranged in the second position in which the spout is received substantially inside the container body (FIG 1-2);
a gasket (12) for forming a seal with a rim of the neck in the second position of the tubular body, the gasket being supported within the tubular body intermediate the first and second ends (FIG 3-4);
the tubular body defining an annular sealing shoulder adjacent the gasket but in opposite relation to the second end such that the gasket is intermediate the sealing shoulder and the second end, the sealing shoulder being arranged so as to enable clamping of the gasket against the rim of the neck in the second position of the tubular body to form the seal between the gasket and the rim of the neck; and
the tubular body defining a retaining shoulder (13) disposed intermediate the first end and the sealing shoulder and facing towards the first end, the retaining shoulder being arranged for abutting the base flange of the spout so as to enable clamping of the base flange against the neck in the first position of the tubular body;
But is silent on the retaining shoulder being interrupted in a circumferential direction of the tubular body so as to form at least one gap between an interior of the tubular body and the base flange of the spout such that no seal is formed with the base flange in the first position of the tubular body.
Laible teaches the retaining shoulder (24) being interrupted in a circumferential direction of the tubular body so as to form at least one gap (32) between an interior of the tubular body and the base flange of the spout such that no seal is formed with the base flange in the first position of the tubular body (FIG 1).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Schlenker with gap as taught by Laible in order to provide venting for any gas generated by the liquid in the container.
Claim 2, the modified apparatus of Schlenker discloses wherein the sealing and retaining shoulders are formed by a common annular rib (Schlenker: rib section between 11 and 12) defining an aperture smaller in diameter than a remaining interior of the tubular body, and the gap (Laible: 32, FIG 1) is formed by an air passageway defined in the rib and extending from the retaining shoulder at which the air passageway is open to a spaced location from the sealing shoulder such that the air passageway is open at an inner face of the rib between the retaining and sealing shoulders.
Claim 3, the modified apparatus of Schlenker wherein the air passageway (Laible: 32) is formed by a slot in the rib extending from the retaining shoulder to the spaced location from the sealing shoulder such that the air passageway is open substantially across its full length at the inner face of the rib (Schlenker: rib between 11 and 12).
Claims 4 and 9, Schlenker discloses wherein the base flange of the spout is snugly received in the tubular body adjacent the retaining shoulder such that in the second position of the tubular body, the base flange of the spout is rested against the retaining shoulder (area around 13; FIG 4).
Claims 5 and 10, Schlenker discloses wherein the gasket is carried in a circumferentially extending groove defined in the tubular body between the second end and the sealing shoulder (FIG 3).
Claim 7, the modified apparatus of Schlenker wherein the sealing and retaining shoulders are formed by a common annular rib (Schlenker: rib between 11 and 12) defining an aperture smaller in diameter than a remaining interior of the tubular body, and the gap is formed by an air passageway (Laible: 32) defined in the rib and extending from the retaining shoulder at which the air passageway is open to a spaced location from the sealing shoulder such that the air passageway is open at an inner face of the rib between the retaining and sealing shoulders.
Claim 8, the modified apparatus of Schlenker wherein the air passageway is formed by a slot (Laible: 32) in the rib extending from the retaining shoulder to the spaced location from the sealing shoulder such that the air passageway is open substantially across its full length at the inner face of the rib (Schlenker: rib between 11 and 12).
Claim 11, Schlenker discloses a tubular body portion having an internally threaded wall at each one of opposite first and second ends (FIG 3a, 3b) of the tubular body portion so as to be adapted for threadable mating on the neck of the container in a first position (FIG 6) in which the threaded wall proximal to the first end is engaged with the neck and in a second position (FIG 7) in which the threaded wall proximal to the second end is engaged with the neck;
a plug (4) which is threadably matable with the threaded wall of the tubular body portion proximal to the first end thereof, and which is adapted to form a seal with the first end, when the tubular body portion is arranged in the second position (FIG 1-2);
a spout (5) portion connected to the tubular body portion and having a tubular spout body interconnecting opposite inlet and outlet ends;
the inlet end of the spout portion being disposed intermediate the first and second ends of the tubular body portion and opening towards the first end so that in the first position the inlet end of the spout portion is located adjacent the neck of the container body for dispensing the liquid from the container body via the spout portion;
a first gasket (11) supported at the inlet end for forming a seal with a rim of the neck in the first position of the tubular body portion;
the tubular spout body extending from the inlet end of the spout portion within the tubular body portion and past the second end thereof to the outlet end of the spout portion located externally of the tubular body portion, the tubular spout body being spaced inwardly from the threaded wall proximal to the second end of the tubular body portion so that in the second position the neck of the container is received between the tubular body portion and the spout portion with the outlet end of the spout portion received in the container body;
a second gasket (12) supported within the tubular body portion intermediate the inlet end of the spout portion and the second end of the tubular body portion for forming a seal with the rim of the neck in the second position of the tubular body portion; and
But is silent on an interior air passageway defined within the tubular body portion, the air passageway being open at a first location radially outwardly of the first gasket and at a second location radially inwardly of the second gasket.
Laible teaches an interior air passageway (32) defined within the tubular body portion.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Schlenker with air passageway as taught by Laible in order to provide venting for any gas generated by the liquid in the container.
The modified apparatus of Schlenker discloses the claimed invention except for the air passageway being open at a first location radially outwardly of the first gasket and at a second location radially inwardly of the second gasket. It would have been obvious to one having ordinary skill in the art at the time the invention was made to place the location of the openings of the air passageway around the first and second gasket, in order to prevent the gasket from obstructing the passageway, since it has been held that rearranging parts of an invention involves only routine skill in the art. MPEP 2144.04
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEREMY W CARROLL whose telephone number is (571)272-4988. The examiner can normally be reached M-F 8 AM - 5 PM.
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JEREMY W. CARROLL
Primary Examiner
Art Unit 3754
/Jeremy Carroll/ Primary Examiner, Art Unit 3754