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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 October 28, 2025 has been entered.
Response to Amendment
In the amendment dated October 28, 2025, claims 1, 8, 13, 14, and 18 were amended, and new claim 21 was presented. Claims 1, 4-8, 10-14, and 16-21 are pending.
The amendments to the claims overcome the claim objections and 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 Kato, Giesy, Hideo, and Anraku have been fully considered but they are not persuasive for these reasons:
Regarding Applicant’s assertion with respect to claim 1 that Kato does not disclose a combination of a vapor plug and a container, or the unique relationship between a neck of the container and the vapor plug (Remarks at p. 9), these arguments are moot. Barth and Kao are relied upon to teach the arrangement of claim 1.
Regarding Applicant’s assertion with respect to claims 8, 14, and 18 that the claimed ‘multiple portions’ of the tapered neck are different from the combination of references” (Remarks at p. 9), the examiner disagrees. Kato and Anraku each have a neck with multiple portions as claimed.
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.
Claim 21 is rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 21 recites “a neck” in claim 6. There is insufficient antecedent basis for this limitation in the claim. It is unclear whether this is referring to the “neck” recited at line 2, or something else.
Claim 21 recites “the cylindrical neck tube” at lines 14-15. There is insufficient antecedent basis for this limitation in the claim. For purposes of examination, this limitation will be interpreted as “the cylindrical portion of the dewar neck.”
Claim 21 recites “the container” in line 17. There is insufficient antecedent basis for this limitation in the claim. For purposes of examination, this limitation will be interpreted as “the dewar.”
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) as being anticipated by DE-3130246 to Barth et al. (hereinafter, “Barth”).
Regarding claim 1, Barth discloses a vapor plug system (see Fig. 1) having a vapor plug cover (annotated Fig. 1 below) with a neck (annotated Fig. 1) and a container (annotated Fig. 1) with an opening that receives the neck (opening of neck 1, Fig. 1), the system (Fig. 1) comprising: the vapor plug cover (annotated Fig. 1) that is configured to cover the opening of the container (see Fig. 1); and the neck (annotated Fig. 1) attached to the cover (annotated Fig. 1) and extending away from the cover (see Fig. 1), the neck (annotated Fig. 1) having a first end (annotated Fig. 1) attached to the vapor plug cover (annotated Fig. 1) and a second end (annotated Fig. 1) comprising a farthest portion (annotated Fig. 1) in an opposite direction of the first end (annotated Fig. 1) that is inserted into the opening of the container (see Fig. 1), wherein the neck (annotated Fig. 1) is received in a cylindrical neck tube (neck 12, Fig. 1) of the container (annotated Fig. 1), the cylindrical neck tube (neck 12) having the opening at an end of the cylindrical neck tube (see Fig. 1), wherein the neck (annotated Fig. 1) comprises: multiple portions (see Fig. 1) including a top portion (annotated Fig. 1) 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 (annotated Fig. 1) and the opening (see Fig. 1) when the neck (annotated Fig. 1) is inserted into the cylindrical neck tube (neck 1), wherein each of the multiple portions (annotated Fig. 1) is at least one of cylindrically-shaped and conic (top portion is cylindrically-shaped and bottom portion is conic, see Fig. 1), wherein every of the multiple portions (annotated Fig. 1) is adjacent to another of the multiple portions (see Fig. 1) to form a step-like or tiered structure (see Fig. 1) where the circumference of the bottom portion (annotated Fig. 1) is less than the circumference of the top portion (annotated Fig. 1) resulting in a larger gap (see Fig. 1) between the neck (annotated Fig. 1) and an inner surface of the cylindrical neck tube (neck 1) near the second end of the neck (annotated Fig. 1) in comparison to a gap between the neck (annotated Fig. 1) and the inner surface of the cylindrical neck tube (neck 1) near the first end of the neck (annotated Fig. 1), the neck (annotated Fig. 1) inserted into the opening of the container (see Fig. 1).
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Barth Annotated Figure 1
Claim 1 is rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by U.S. Pub. 2010/0018972 to Kao et al. (hereinafter, “Kao”).
Regarding claim 1, Kao discloses a vapor plug system (Figs. 1a-2c) having a vapor plug cover (annotated Fig. 2c below) with a neck (annotated Fig. 2c) and a container (container 220, Figs. 2a-2c) with an opening (opening 230, Fig. 2a) that receives the neck (annotated Fig. 2c), the system comprising: the vapor plug cover (annotated Fig. 2c) that is configured to cover the opening (opening 230) of the container (container 220); and the neck (annotated Fig. 2c) attached to the cover (annotated Fig. 2c) and extending away from the cover (see Fig. 2c), the neck (annotated Fig. 2c) having a first end (annotated Fig. 2c) attached to the vapor plug cover (annotated Fig. 2c) and a second end (annotated Fig. 2c) comprising a farthest portion (annotated Fig. 2c) in an opposite direction of the first end (annotated Fig. 2c) that is inserted into the opening of the container (container 220), wherein the neck (annotated Fig. 2c) is received in a cylindrical neck tube of the container (neck portion 220a, Fig. 2c), the cylindrical neck tube (neck portion 220a) having the opening (opening 230; para. [0027]) at an end of the cylindrical neck tube (neck portion 220a), wherein the neck (annotated Fig. 2c) comprises: multiple portions (annotated Fig. 2c) including a top portion (annotated Fig. 2c) nearer to the first end (annotated Fig. 2c) and a bottom portion (annotated Fig. 2c) nearer to the second end (annotated Fig. 2c) distally away from the vapor plug cover (annotated Fig. 2c) and the opening (opening 230) when the neck (annotated Fig. 2c) is inserted into the cylindrical neck tube (neck portion 220a), wherein each of the multiple portions (annotated Fig. 2c) is at least one of cylindrically-shaped and conic (portions are ach cylindrically-shaped), wherein every of the multiple portions (annotated Fig. 2c) is adjacent to another of the multiple portions (annotated Fig. 2c) to form a step-like or tiered structure (see Fig. 2c) where the circumference of the bottom portion (annotated Fig. 2c) is less than the circumference of the top portion (annotated Fig. 2c) resulting in a larger gap (annotated Fig. 2c) between the neck (annotated Fig. 2c) and an inner surface of the cylindrical neck tube (neck portion 220a) near the second end of the neck (annotated Fig. 2c) in comparison to a gap (annotated Fig. 2c) between the neck (annotated Fig. 2c) and the inner surface of the cylindrical neck tube (neck portion 220a) near the first end of the neck (annotated Fig. 2c), the neck (annotated Fig. 2c) inserted into the opening (opening 230) of the container (container 220).
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Kao Annotated Figure 2c
Claim 18 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 18, Anraku discloses a method for sealing a container (container 10, Fig. 1) using a vapor plug (closure 1, Fig. 1), the method comprising: inserting a tapered neck (portion 4, Fig. 1) of a vapor plug (closure 1) into an opening (open end 11, Fig. 1) of a container (container 10), the container (container 10) comprising a cylindrical neck tube (annotated Fig. 1 below; see also Fig. 11) having a diameter (see Fig. 1) and receiving the neck (portion 4) inside the cylindrical neck tube (col. 9, ll. 42-48), wherein the tapered neck (portion 4) comprises a first cylindrical portion (annotated Fig. 1) attached to a vapor plug cover (section 2, Fig. 1) that rests against the cylindrical neck tube (see Fig. 1), and a second portion (annotated Fig. 1) that extends away from the first cylindrical portion (annotated Fig. 1) in a continuously tapering frustum of a cone (see Fig. 1), and a third cylindrical portion (annotated Fig. 1) attached to the second portion (annotated Fig. 1) that extends away from the second portion (annotated Fig. 1) in a cylinder of constant radius (see Fig. 1); covering the opening of the container (open end 11) by the vapor plug cover (section 2, Fig. 1) adjacent to a first cylindrical portion (annotated Fig. 1) of the vapor plug (annotated Fig. 1); and sealing the container (container 10) by the combination of the tapered neck (portion 4) inserted into the opening of the container (open end 11; see col. 9, ll. 42-59) and the vapor plug cover (portion 2) covering the opening (open end 11; see e.g., col. 8, ll. 41-44), wherein a combination of a (i) taper of the continuously tapering frustum of the cone (cone shape of second portion, annotated Fig. 1) of the neck (portion 4) and (ii) the diameter of the cylindrical neck tube (see annotated Fig. 1) defines a gap of increasing width between the neck and the neck tube (gap between portion 4 and container 10 when plug is inserted increases in width along the conic portion towards the farthest portion, see Fig. 1), the gap comprising a distance between the neck (portion 4) and the neck tube (annotated Fig. 1), the distance greatest at a farthest end of the second portion (the smallest diameter of the conical second portion defines the greatest distance between the neck and the neck tube, see Fig. 1) and at all points along the third cylindrical portion (see Fig. 1).
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Anraku Annotated Figure 1
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 Kao in view of U.S. Pub. 2002/0166326 to Giesy et al. (hereinafter, “Giesy”).
Regarding claim 4, Kao 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 Kao 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, Kao 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 6 is rejected under 35 U.S.C. 103 as being unpatentable over Kao in view of JP-2004180859 to Hideo et al. (hereinafter, “Hideo”).
Regarding claim 6, Kao 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 Kao 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]).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Kao in view of U.S. Pub. 2014/0034642 to Kato et al. (hereinafter, “Kato”).
Regarding claim 7, Kao does not expressly disclose a gasket positioned underneath the vapor plug cover; and an O-ring positioned in between the gasket and the neck, the gasket and the O-ring configured to prevent leakage between the vapor plug cover and the neck when joined together.
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 adjacent to a first end of the plug (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). 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 Kao 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]).
Claims 8, 12, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Kato in view of Hideo.
Regarding claim 8, Kato discloses a vapor plug system (structure 1C, Fig. 6A) having a vapor plug cover (annotated Fig. 6A below) with a tapered neck (annotated Fig. 6A) and a container (annotated Fig. 6A) with an opening (annotated Fig. 6A) that receives the tapered neck (annotated Fig. 6A), the system (structure 1C), comprising: the vapor plug cover (annotated Fig. 6A) that is configured to cover the opening of the container (annotated Fig. 6A); the tapered neck (neck is tapered at portion 20b, see Fig. 6A) cantilevered from the vapor plug cover (see Fig. 6A) and having an increasingly wider gap (annotated Fig. 6A) between the tapered neck (annotated Fig. 6A) and a neck of the container (mouth ring 12, Fig. 6A) at positions increasingly nearer (see annotated Fig. 6A) the farthest tip (annotated Fig. 6A), wherein the tapered neck (annotated Fig. 6A) comprises multiple portions (portions including top and bottom portion in annotated Fig. 6A), wherein each of the multiple portions (column portion 20a, step portion 20b) is at least one of cylindrically-shaped and conically-shaped (see Fig. 6A) and wherein each of the multiple portions (column portion 20a, step portion 20b) has a smaller diameter (see Fig. 6A) than every of the multiple portions that are nearer to the vapor plug cover (see Fig. 6A).
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Kato Annotated Figure 6A
Kato 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 Kato 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, Kato 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; Kato Fig. 6A) 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; Kato Fig. 6A).
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Hideo Annotated Figure 3a
Regarding claim 13, Kato further discloses a gasket (ring 43, Fig. 6A) positioned underneath the vapor plug cover (see Fig. 6A); and an O-ring (o-ring 30, Fig. 6A) positioned in between the gasket (ring 43) and the tapered neck (annotated Fig. 6A), the gasket (ring 43) and the O-ring (o-ring 30) 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 (ring 43 and o-ring 30 are capable of partially sealing a cavity of the container, see e.g., Figs. 5-7B).
Claims 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Kato in view of Hideo and in further view of Giesy.
Regarding claim 10, Kato 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 Kato/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, Kato/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]).
Claims 14 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Anraku in view of Giesy.
Regarding claim 14, Anraku discloses a container (container 10, Fig. 1) having a tapered vapor plug (closure 1, Fig. 1), comprising: a container (container 10) having a neck (see cylindrical neck tube in annotated Fig. 1) with a cylindrical portion of constant diameter (see cylindrical neck tube in annotated Fig. 1; see also Fig. 11); a tapered vapor plug (closure 1, Fig. 1) comprising: a vapor plug cover (portion 2, Fig. 1) that is configured to cover an opening (open end 11, Fig. 1) of the neck of the container (container 10, see Fig. 1); and a neck (portion 4, Fig. 1) having a first end (annotated Fig. 2 below) attached to the vapor plug cover (portion 2) and extending away from the vapor plug cover (portion 2, see Figs. 1-2) to a second end (annotated Fig. 2), the neck (portion 4) comprising multiple portions (see portions including top and bottom portions in annotated 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 (see Figs. 1-2) and the opening (open end 11, see Fig. 1) when the neck (portion 4) is inserted into the cylindrical neck tube (see Fig. 1), wherein each of the multiple portions (annotated Fig. 2) is at least one of cylindrically-shaped and conic (each portion is cylindrically shaped or conic, see Figs. 1-2) in an alternating sequence of cylindrically-shaped, then conic-shaped (see Figs. 1-2) from the first end (annotated Fig. 2) attached to the vapor plug cover (portion 2) to the second end (annotated Fig. 2) distally away from the vapor plug cover (portion 2, see Fig. 2), wherein every of the multiple portions (annotated Fig. 2) is adjacent to another of the multiple portions (annotated Fig. 2) to form a step-like or tiered structure (see Fig. 2) where the circumference of the bottom portion (annotated Fig. 2) is less than the circumference of the top portion (annotated Fig. 2) resulting in a larger gap between the neck (portion 4) and an inner surface of the cylindrical neck tube (annotated Fig. 1) near the second end (annotated Fig. 2) of the neck (portion 4) in comparison to a gap between the neck (portion 4) and the inner surface of the cylindrical neck tube (annotated Fig. 1) near the first end (annotated Fig. 1) of the neck (portion 4) when the neck (portion 4) is inserted into the opening of the container (open end 11, see Fig. 1).
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Anraku Annotated Figure 2
Anraku 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 Anraku 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)).
Regarding claim 16, Anraku further discloses the first end (annotated Fig. 2) is a proximal end (see Figs. 1-2) that has a first circumference (circumference at first end, annotated Fig. 2) and the second end (annotated Fig. 2) is a distal end (see Figs. 1-2) that has a second circumference (circumference at second end, annotated Fig. 2) that is less than the first circumference (see Fig. 2).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Anraku in view of Giesy and in further view of Hideo.
Regarding claim 17, Anraku as modified by Giesy does not expressly disclose a hydrophobic liner shaped and sized to fit around the neck and configured to receive the 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 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 dewar of Anraku/Giesy 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]).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Anraku in view of Hideo.
Regarding claim 19, Anraku does not expressly disclose sealing the container further comprises receiving between the neck and the opening of the container a hydrophobic liner shaped and sized to fit around the neck.
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 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 method 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]).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Anraku in view of Kato.
Regarding claim 20, Anraku does not expressly disclose sealing the container further comprises 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 comprising inserting a tapered neck of the vapor plug into an opening of a container (see e.g., paras. [0009]-[0011]). Kato teaches covering the opening of the container by the vapor plug cover adjacent to a first end of the plug (Fig. 6A). Kato further teaches positioning 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). 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 method of Anraku 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 neck (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 neck 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) 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), 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 container (annotated Fig. 1).
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Kawachi Annotated Figure 1
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)).
Conclusion
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/LAURA E. PARKER/Examiner, Art Unit 3733