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
In the amendment dated April 24, 2026, claims 1, 7, 8, 14, 18, and 21 were amended and claim 20 was cancelled. Claims 1, 4-8, 10-14, 16-19, and 21 are pending.
The amendments to the claims overcome the rejections under 35 U.S.C. 112(b).
Applicant’s arguments regarding the 35 U.S.C. 102 and 103 rejections of the claims over Barth, Kao, Anraku, Kato, Giesy, Hideo, and Kawachi have been fully considered but they are not persuasive for these reasons:
Regarding Applicant’s assertion with respect to claims 1 and 8 that the applied references do not disclose “different unique structures of the ‘multiple portions’ of the neck” (Remarks at p. 9), these arguments are moot. Anraku is relied upon to teach the multiple portion arrangement of claims 1 and 8.
Regarding Applicant’s assertion with respect to claim 21 that Kawachi does not disclose a “cylindrical middle portion that is between the top portion and the bottom portion” (Remarks at p. 9), the examiner disagrees. Kawachi discloses a top portion, a cylindrical middle portion, and a bottom portion as claimed (see Kawachi at Fig. 3). Notably, the claims do not require any particular size, shape, or structure for the top portion.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by U.S. Pat. 6,565,814 to Anraku et al. (hereinafter, “Anraku”).
Regarding claim 1, Anraku discloses a vapor plug system (closure 1 and container 10, Fig. 1) having a vapor plug cover (portion 2, Figs. 1-2) with a neck (fitting portion 4, Fig. 1) and a container (tube 10, Fig. 1) with an opening (open end 11, Fig. 1) that receives the neck (fitting portion 4, see Fig. 1), the system comprising: the vapor plug cover (portion 2) that is configured to cover the opening (open end 11) of the container (tube 10); and the neck (fitting portion 4) attached to the cover (portion 2, see Fig. 2) and extending away from the cover (see Fig. 2), the neck (fitting portion 4) having a first end (annotated Fig. 2 below) attached to the vapor plug cover (portion 2) and a second end (annotated Fig. 2) comprising a farthest portion (annotated Fig. 2) in an opposite direction of the first end (annotated Fig. 2) that is inserted into the opening (open end 11) of the container (tube 10), wherein the neck (fitting portion 4) is received in a cylindrical neck tube (neck tube formed by surface 11a, Fig. 1) of the container (tube 10), the cylindrical neck tube (neck tube formed by surface 11a) having the opening (open end 11) at an end of the cylindrical neck tube (see Fig. 1), wherein the neck (fitting portion 4) comprises: multiple portions (see Fig. 2) including a top portion (annotated Fig. 2) nearer to the first end (annotated Fig. 2) and a bottom portion (annotated Fig. 2) nearer to the second end (annotated Fig. 2) distally away from the vapor plug cover (portion 2) and the opening (open end 11) when the neck (fitting portion 4) is inserted into the cylindrical neck tube (neck tube formed by surface 11a), wherein each of the multiple portions (see Fig. 2) is at least one of cylindrically-shaped and conic (see Fig. 2) and wherein the top portion (annotated Fig. 2) is a topmost portion (see Fig. 2) and is cylindrically-shaped (see Fig. 2) and wherein the bottom portion (annotated Fig. 2) is a bottommost portion (see Fig. 2) and is cylindrically-shaped (see Fig. 2), and wherein at least one further portion (annotated Fig. 2) of the multiple portions (see Fig. 2) that is between the top portion (annotated Fig. 2) and the bottom portion (annotated Fig. 2) is conic (see Fig. 2), wherein every of the multiple portions (see Fig. 2) is adjacent to another of the multiple portions (see Fig. 2) to form a step-like or tiered structure (see Fig. 2) where the circumference of the bottom portion (annotated Fig. 2) that is the bottommost portion (see Fig. 2) and is cylindrically-shaped (see Fig. 2) is less than the circumference of the top portion (annotated Fig. 2) that is the topmost portion (see Fig. 2) and is cylindrically-shaped (see Fig. 2), resulting in a larger gap (see Figs. 1-2) between the neck (fitting portion 4) and an inner surface of the cylindrical neck tube (surface 11a, Fig. 1) near the second end (annotated Fig. 2) of the neck (fitting portion 4) in comparison to a gap (see Figs. 1-2) between the neck (fitting portion 4) and the inner surface of the cylindrical neck tube (surface 11a) near the first end of the neck (annotated Fig. 2), the neck (fitting portion 4) inserted into the opening (open end 11) of the container (tube 10).
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Anraku Annotated Figure 2
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.
Claims 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Anraku in view of U.S. Pub. 2002/0166326 to Giesy et al. (hereinafter, “Giesy”).
Regarding claim 4, Anraku does not expressly disclose a handle coupled to the neck and configured to allow ease of access to remove or insert the vapor plug into the opening of the container.
Giesy teaches a vapor plug configured to cover an opening of a container (see Figs. 1, 3). Giesy teaches that the plug has a handle (handle 50, Fig. 3) that is configured to be inserted through an opening in the vapor plug cover to couple the handle to the vapor plug neck (see Figs. 3-4, paras. [0033]-[0034]). Giesy teaches that the handle provides a means of inserting and removing the vapor plug assembly without having to pull directly on the cover or neck of the plug, which avoids damaging the cover or neck of the plug (para. [0033]).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have modified the vapor plug of Anraku to have a handle coupled to the neck and that is configured to be inserted through an opening in the vapor plug cover to couple the handle with the neck as taught by Giesy for the purpose of providing a means to insert and remove the plug without damaging the plug, as recognized by Giesy (para. [0033]).
Regarding claim 5, Anraku as modified by Giesy already includes the handle (Giesy, handle 50, Figs. 3-4) is configured to be inserted through an opening in the vapor plug cover or lid into an opening or a recess within the neck to couple the handle with the neck (Giesy, Figs. 3-4; paras. [0033]-[0034]).
Claims 6, 8, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Anraku in view of JP-2004180859 to Hideo et al. (hereinafter, “Hideo”).
Regarding claim 6, Anraku does not expressly disclose a hydrophobic liner shaped and sized to fit around the neck and configured to receive the neck within, wherein the hydrophobic liner has a first end with a first circumference and a second end with a second circumference, wherein the first circumference of the first end of the hydrophobic liner is greater than a first circumference of the first end of the neck and the second circumference of the second end of the hydrophobic liner is less than the first circumference of the first end of the hydrophobic liner.
Hideo teaches a plug having a plug cover and a tapered neck with a second end having a smaller diameter than a first end (see Fig. 3a). Hideo teaches a liner formed from hydrophobic materials that receives the neck within and that is shaped and sized to fit around the neck (film 23 arranged between foot 22a and opening of the container, see Fig. 3a; film 23 is a hydrophobic material, see paras. [0031]-[0032], [0059]-[0063]). Hideo teaches that this liner has a first end with a first circumference and the first circumference of the hydrophobic liner has a greater circumference than a first position of the neck of the plug and a second circumference of the second end of the liner is less than the first circumference of the liner (see annotated Fig. 3a below). Hideo teaches that the liner helps to maintain a desired pressure in the container (para. [0007]).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have modified the plug of Anraku to have a hydrophobic liner as taught by Hideo for the purpose of maintaining a desired pressure in the container, as recognized by Hideo (see para. [0007]).
Regarding claim 8, Anraku discloses a vapor plug system (closure 1 and container 10, Fig. 1) having a vapor plug cover (portion 2, Figs. 1-2) with a tapered neck (fitting portion 4, Fig. 1) and a container (tube 10, Fig. 1) with an opening (open end 11, Fig. 1) that receives the tapered neck (fitting portion 4, see Fig. 1), the system comprising: the vapor plug cover (portion 2) that is configured to cover the opening (open end 11) of the container (tube 10); the tapered neck (fitting portion 4) cantilevered from the vapor plug cover (portion 2) and having an increasingly wider gap between the tapered neck (fitting portion 4) and a neck of the container (see Fig. 1) at positions increasingly nearer the farthest tip (see Fig. 1), wherein the tapered neck (fitting portion 4) comprises multiple portions (see top portion, bottom portion, and further portion in annotated Fig. 2 above), wherein each of the multiple portions (see Fig. 2) is at least one of cylindrically-shaped and conically-shaped (see Fig. 2) and wherein each of the multiple portions (top portion, bottom portion, and further portion in annotated Fig. 2) has a smaller diameter than every of the multiple portions that are nearer to the vapor plug cover (portion 2, see annotated Fig. 2), and wherein the multiple portions (annotated Fig. 2) are alternatingly cylindrically-shaped and conically-shaped (see Fig. 2), so that each portion of the multiple portions (see Fig. 2) connects to a portion having the other shape from a set consisting of cylindrically-shaped and conically-shaped (see Fig. 2).
Anraku does not expressly disclose a hydrophobic liner shaped and sized to fit around the tapered neck and configured to receive the tapered neck within.
Hideo teaches a plug having a plug cover and a tapered neck with a second end having a smaller diameter than a first end (see Fig. 3a). Hideo teaches a liner formed from hydrophobic materials that receives the neck within and that is shaped and sized to fit around the neck (film 23 arranged between foot 22a and opening of the container, see Fig. 3a; film 23 is a hydrophobic material, see paras. [0031]-[0032], [0059]-[0063]). Hideo teaches that this liner has a first end with a first circumference and the first circumference of the hydrophobic liner has a greater circumference than a first position of the neck of the plug and a second circumference of the second end of the liner is less than the first circumference of the liner (see annotated Fig. 3a above). Hideo teaches that the liner helps to maintain a desired pressure in the container (para. [0007]).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have modified the plug of Anraku to have a hydrophobic liner as taught by Hideo for the purpose of maintaining a desired pressure in the container, as recognized by Hideo (see para. [0007]).
Regarding claim 12, Anraku as modified by Hideo already includes the hydrophobic liner (Hideo, film 23) has a first end with a first circumference (Hideo, annotated Fig. 3a below) and a second end with a second circumference (Hideo, annotated Fig. 3a), wherein the first circumference of the first end of the hydrophobic liner is greater than a first circumference of the first position of the neck (see Hideo Fig. 3a) and a second circumference of the second end of the hydrophobic liner is less than the first circumference of the first end of the hydrophobic liner (see Hideo Fig. 3a).
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Hideo Annotated Figure 3a
Claims 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Anraku in view of Hideo and in further view of Giesy.
Regarding claim 10, Anraku as modified by Hideo does not expressly disclose a handle coupled to the neck and configured to allow ease of access to remove or insert the vapor plug into the opening of the container.
Giesy teaches a vapor plug configured to cover an opening of a container (see Figs. 1, 3). Giesy teaches that the plug has a handle (handle 50, Fig. 3) that is configured to be inserted through an opening in the vapor plug cover to couple the handle to the vapor plug neck (see Figs. 3-4, paras. [0033]-[0034]). Giesy teaches that the handle provides a means of inserting and removing the vapor plug assembly without having to pull directly on the cover or neck of the plug, which avoids damaging the cover or neck of the plug (para. [0033]).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have modified the plug of Anraku/Hideo to have a handle coupled to the neck and that is configured to be inserted through an opening in the vapor plug cover to couple the handle with the neck as taught by Giesy for the purpose of providing a means to insert and remove the plug without damaging the plug, as recognized by Giesy (para. [0033]).
Regarding claim 11, Anraku/Hideo as modified by Giesy already includes the handle (Giesy, handle 50, Figs. 3-4) is configured to be inserted through an opening in the vapor plug cover or lid into an opening or a recess within the neck to couple the handle with the neck (Giesy, Figs. 3-4; paras. [0033]-[0034]).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Anraku in view of Hideo and in further view of U.S. Pub. 2014/0034642 to Kato (hereinafter, “Kato”).
Regarding claim 13, Anraku does not expressly disclose a gasket positioned underneath the vapor plug cover; and an O-ring positioned in between the gasket and the tapered neck, the gasket and the O-ring configured to partially seal a cavity of the container while allowing gas or liquid to escape to equalize pressure within the container when the tapered neck of the vapor plug is inserted into an opening of the container.
Kato teaches a similar vapor plug system having a vapor plug and with a vapor plug cover and a container with an opening that receives a neck of the vapor plug (see e.g., paras. [0009]-[0011]). Kato teaches the vapor plug cover covers the opening of the container (Fig. 6A). Kato further teaches a gasket (ring 43, Fig. 6A) underneath the vapor plug cover (see Fig. 6A) and an O-ring (o-ring 30, Fig. 6A) between the gasket (ring 43) and the neck of the of the vapor plug (see Fig. 6A). The o-ring and gasket of Kato are capable of partially sealing a cavity of the container (see e.g., Figs. 5-7B). Kato further teaches that the gasket and o-ring act as a guide for the vapor plug as it is inserted into the neck of the container, which permits easy assembly and prevents damage between the components (paras. [0090], [0097]).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have modified the vapor plug system of Anraku/Hideo to add a gasket underneath the vapor plug cover and an o-ring between the gasket and the neck of the vapor plug as taught by Kato for the purpose of using the gasket and o-ring as a guide for easy assembly and preventing damage, as recognized by Kato (see paras. [0090], [0097]).
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pub. 2013/0119011 to Kawachi (hereinafter, “Kawachi”) in view of Giesy.
Regarding claim 21, Kawachi discloses a container (container 2, Figs. 1-2) having a tapered vapor plug (plug 1, Figs. 1-3), comprising: a container (container 2) having a cylindrical neck tube (annotated Fig. 1 below) with a cylindrical portion of constant diameter (annotated Fig. 1); a tapered vapor plug (plug 1, Figs. 1-3) comprising: a vapor plug cover (portion 1A, Figs. 1-3) that is configured to cover an opening (annotated Fig. 1) of the cylindrical neck tube of the container (annotated Fig. 1); and a neck (annotated Fig. 1) having a first end (annotated Fig. 1) attached to the vapor plug cover (portion 1A) and extending away from the vapor plug cover (portion 1A, see Fig. 1) to a second end (annotated Fig. 1), the neck (annotated Fig. 1) comprising multiple portions (see annotated Fig. 1) including a top portion (annotated Fig. 1, see also annotated Fig. 2 below) nearer to the first end (annotated Fig. 1) and a bottom portion (annotated Fig. 1) nearer to the second end (annotated Fig. 1) distally away from the vapor plug cover (portion 1A) and the opening (annotated Fig. 1) when the neck (annotated Fig. 1) is inserted into the cylindrical neck tube (cylindrical portion of container neck, annotated Fig. 1), and a cylindrical middle portion (annotated Fig. 2; Note – this interpretation of “middle portion” and “top portion” is consistent with Applicant’s disclosure, see e.g., Applicant’s Figure 1B) that is between the top portion (annotated Fig. 2) and the bottom portion (annotated Fig. 2), wherein the bottom portion (annotated Fig. 1) comprises at least a quarter of a length of the neck (see Figs. 1, 3) and is continuously tapered along an entire length of the bottom portion (see Figs. 1, 3), where the circumference of an end of the bottom portion (see annotated Fig. 1; Fig. 3) is less than the circumference of the top portion (see annotated Fig. 1; Fig. 3) resulting in a larger gap between the neck and an inner surface of the cylindrical neck tube (see Fig. 2) near the second end of the neck (see Fig. 2) in comparison to a gap between the neck and the inner surface of the cylindrical neck tube near the first end of the neck (see Fig. 2) when the neck (annotated Fig. 1) is inserted into the opening of the cylindrical neck tube of the container (annotated Fig. 1).
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Kawachi Annotated Figure 1
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Kawachi Annotated Figure 3
Kawachi does not expressly disclose the container is a dewar.
Giesy teaches dewar having a vapor plug configured to cover an opening (see Fig. 1). Giesy teaches that the dewar has a neck with a cylindrical portion of constant diameter (Fig. 1). Giesy teaches that dewar vessels are known for cryogenic storage (see paras. [0004]-[0008]). Giesy teaches that dewars have an improved ability to maintain contents cold for longer, and are thus convenient for shipping of liquid cryogen (para. [0005]).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have used the plug of Kawachi in a dewar as taught by Giesy for the purpose of maintaining contents of the container cold, and because it is no more than a simple substitution of one container for another that is known in the art for use with plugs and would only produce the predictable results of sealing the container with a plug (see MPEP 2143(I)(B)).
Allowable Subject Matter
Claims 14 and 16-19 are allowed. Claim 7 is 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claims 7 and 18, the closest art of record, Anraku, does not disclose positioning a gasket underneath the vapor plug cover and an O-ring between the gasket and the neck of the of the vapor plug. Kato teaches a similar method for sealing a container using a vapor plug and teaches positioning a gasket underneath the vapor plug cover and an O-ring between the gasket (ring 43) and the neck of the of the vapor plug. However, Kato does not disclose the gasket is compressed between the vapor plug cover and the neck, and the o-ring abutting a ledge of the neck and compressed between the gasket and the ledge of the neck and between the gasket and the neck of the vapor plug as claimed. It would not have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Anraku and/or Kato to have such an arrangement in combination with the other claim limitations.
Regarding claim 14, the art of record does not disclose each of the multiple portions is at least one of cylindrically-shaped and conic in an alternating sequence of cylindrically-shaped, then conic-shaped from the first end attached to the vapor plug cover to the second end distally away from the vapor plug cover, wherein each of the multiple portions has at least a portion with a diameter that is smaller than the smallest diameter of the immediately preceding portion of the multiple portions that is nearer to the vapor plug cover as claimed. It would not have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Anraku, Kawachi, Kao, Barth, and/or Kato to have such an arrangement in combination with the other claim limitations.
Claims 16, 17, and 19 are allowed based on their dependency from claims 14 and 18.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAURA E. PARKER whose telephone number is (571)272-6014. The examiner can normally be reached Monday-Friday 8:00 am - 4:30 pm EST.
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/LAURA E. PARKER/Primary Examiner, Art Unit 3733
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