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 .
Specification
The disclosure is objected to because of the following informalities:
at para. [0094], line 7: “grooves 1400” should read “grooves 140”.
Appropriate correction is required.
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 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.
Claims 1-4, 6-8, and 10-20 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by WO-2017039380 to Shin (hereinafter, “Shin”).
Regarding claim 1, Shin discloses a bottle (Fig. 1), comprising: an upper portion (upper container 110, Fig. 1) having a primary mouth (see annotated Fig. 1 below) and a first coupling section (upper coupling portion 114, Fig. 1); a lower portion (lower container 130, Fig. 1) having a closed base (annotated Fig. 1), a secondary mouth (annotated Fig. 1) and a second coupling section (lower coupling portion 134, Fig. 1); and a seal (sealing means 150, Fig. 1) for sealingly engaging the first and second coupling sections (Fig. 1; p. 5, ll. 16-20 of attached translation); wherein the first coupling section (upper coupling portion 114) is configured to be disposed at least partially through the secondary mouth (see annotated Fig. 1) and removably coupled with the second coupling section (lower coupling portion 134) for removably coupling the upper and lower portions of the bottle with one another (see p. 3, ll. 9-11); wherein the first coupling section (upper coupling portion 114) comprises an exterior surface (annotated Fig. 1); a first groove (annotated Fig. 1) that extends radially inwardly relative to the exterior surface (see annotated Fig. 1); a first tongue (annotated Fig. 1) that extends radially outwardly from the exterior surface (see annotated Fig. 1), the first tongue being disposed below the first groove (annotated Fig. 1); and a downwardly facing rim (annotated Fig. 1); wherein the second coupling section (lower coupling portion 134) comprises an interior surface (radially innermost surface of second tongue, see annotated Fig. 1) and an exterior surface (radially outermost surface of second groove, see annotated Fig. 1); a second tongue (annotated Fig. 1) that extends radially inwardly from the exterior surface (see annotated Fig. 1); a second groove (annotated Fig. 1) that extends radially outwardly from the interior surface (see annotated Fig. 1), the second groove being disposed below the second tongue (annotated Fig. 1); and an upwardly facing rim (annotated Fig. 1); wherein, when the upper and lower portions of the bottle (upper container 110, lower container 130) are coupled with one another (see Fig. 1), the first groove (annotated Fig. 1) engages the second tongue (annotated Fig. 1); the first tongue (annotated Fig. 1) engages the second groove (annotated Fig. 1); and the seal (sealing means 150) sealingly engages the downwardly facing rim and the upwardly facing rim (see Fig. 1).
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Shin Annotated Figure 1
Regarding claim 2, Shin further discloses the primary mouth (annotated Fig. 1) is smaller than the secondary mouth (primary mouth has a smaller diameter than secondary mouth, see Fig. 1).
Regarding claim 3, Shin further discloses the first tongue (annotated Fig. 1) is or includes a ramped or curved surface that increases in diameter from bottom to top (a bottom surface of the first tongue is ramped such that the diameter of the first tongue increases from bottom to top, see annotated Fig. 1).
Regarding claim 4, Shin further discloses the first tongue (annotated Fig. 1) intersects a wall of the first groove (the first tongue engages a wall of the first groove, see annotated Fig. 1).
Regarding claim 6, Shin further discloses the seal (sealing means 150) comprises an elastically deformable sealing element (p. 5, ll. 16-31) disposed in a seal groove (sealing groove 116, Fig. 1) that extends radially inwardly relative to the exterior surface of the first coupling section and/or radially outwardly relative to the interior surface of the second coupling section (see annotated Fig. 1).
Regarding claim 7, Shin discloses a bottle (Fig. 7), comprising: an upper portion (upper container 110, Fig. 7) having a primary mouth (see annotated Fig. 7 below) and a first coupling section (upper coupling portion 114, Fig. 7); a lower portion (lower container 130, Fig. 7) having a closed base (annotated Fig. 7) and a second coupling section (lower coupling portion 134, Fig. 7); and a seal (sealing ring 152, Fig. 7) for sealingly engaging the first and second coupling sections (p. 5, ll. 29-36); wherein the first coupling section (upper coupling portion 114) is configured to be removably coupled with the second coupling section (lower coupling portion 134) for removably coupling the upper and lower portions of the bottle with one another (see p. 3, ll. 9-11); wherein the first coupling section (upper coupling portion 114) comprises an exterior surface (annotated Fig. 7); a first groove (annotated Fig. 7) that extends radially inwardly relative to the exterior surface (see Fig. 7); and a first sealing surface (annotated Fig. 7) that extends around the exterior surface (see Fig. 7), the first sealing surface being disposed below the first groove (Fig. 7); wherein the second coupling section (lower coupling portion 134) comprises an interior surface (annotated Fig. 7); a tongue (annotated Fig. 7) that extends radially inwardly from the interior surface (see Fig. 7); and a second sealing surface (annotated Fig. 7) disposed below the tongue (see Fig. 7); and wherein, when the upper and lower portions of the bottle (upper container 110, lower container 130) are coupled with one another (Fig. 7), the first groove (annotated Fig. 7) engages the tongue (annotated Fig. 7); and the seal (sealing ring 152) sealingly engages both sealing surfaces (see Fig. 7).
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Shin Annotated Figure 7
Regarding claim 8, Shin further discloses a lower wall (bottom surface of the first groove, see annotated Fig. 7) of the first groove (annotated Fig. 7) includes a ramped or curved surface that increases in diameter from bottom to top (bottom surface of the first groove is ramped such that the diameter increases from bottom to top, see Fig. 7).
Regarding claim 10, Shin further discloses the seal (sealing ring 152) comprises an elastically deformable sealing element (sealing ring 152 is formed from an elastically deformable material, p. 5, ll. 29-36) disposed in a seal groove (annotated Fig. 7) that extends radially inwardly relative to the exterior surface of the first coupling section and/or radially outwardly relative to the interior surface of the second coupling section (see Fig. 7).
Regarding claim 11, Shin further discloses the first sealing surface (annotated Fig. 7) includes a second groove (groove formed between first and second sealing surfaces, see Fig. 7) that extends radially inwardly relative to the exterior surface of the first coupling section (groove formed between first and second sealing surfaces extends radially inward relative to exterior surface, see Fig. 7) and the second sealing surface (annotated Fig. 7) includes a third groove (annotated Fig. 7) that extends radially outwardly relative to the interior surface of the second coupling section (third groove extends radially outward relative to interior surface, see Fig. 7).
Regarding claim 12, Shin further discloses the seal (sealing ring 152) is compressed longitudinally when the first groove engages the tongue (see Fig. 7; p. 5, ll. 29-36).
Regarding claim 13, Shin further discloses the first sealing surface (annotated Fig. 7) longitudinally compresses (see Fig. 7; p. 5, ll. 29-36) the seal (sealing ring 152) against the second sealing surface (annotated Fig. 7) when the first groove engages the tongue (Fig. 7).
Regarding claim 14, Shin discloses a bottle (Fig. 7), comprising: an upper portion (upper container 110, Fig. 7) having a primary mouth (see annotated Fig. 7 above) and a first coupling section (upper coupling portion 114, Fig. 7); a lower portion (lower container 130, Fig. 7) having a closed base (annotated Fig. 7) and a second coupling section (lower coupling portion 134, Fig. 7); and a seal (sealing ring 152, Fig. 7) for sealingly engaging the first and second coupling sections (p. 5, ll. 29-36); wherein the first and second coupling sections (upper coupling portion 114, lower coupling portion 134) are configured to be removably coupled with one another for removably coupling the upper and lower portions of the bottle with one another (see p. 3, ll. 9-11); wherein the first coupling section (upper coupling portion 114) comprises an exterior surface (see second annotated Fig. 7 below); a tongue (second annotated Fig. 7) that extends radially outwardly relative to the exterior surface (second annotated Fig. 7); and a first sealing surface (second annotated Fig. 7) that extends around the exterior surface (see Fig. 7), the first sealing surface being disposed below the tongue (second annotated Fig. 7); wherein the second coupling section (lower coupling portion 134) comprises an interior surface (second annotated Fig. 7); a first groove (second annotated Fig. 7) that extends radially outwardly from the interior surface (Fig. 7); and a second sealing surface (second annotated Fig. 7) disposed below the first groove (second annotated Fig. 7); and wherein the first groove and the tongue (second annotated Fig. 7) are configured to engage one another (see Fig. 7) and to cause compression of the seal (sealing ring 152) into sealing engagement with both sealing surfaces (see Fig. 7).
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Shin Second Annotated Figure 7
Regarding claim 15, Shin further discloses the tongue (second annotated Fig. 7) includes a ramped or curved surface that increases in diameter from bottom to top (a bottom surface of the tongue is ramped such that the diameter of the tongue increases from bottom to top, see second annotated Fig. 7).
Regarding claim 16, Shin further discloses the seal (sealing ring 152) is configured to sealingly engage an intersection of the first and second coupling sections (sealing ring 152 seals where the upper and lower coupling sections 114, 134 engage one another, see Fig. 7).
Regarding claim 17, Shin further discloses the seal (sealing ring 152) comprises an elastically deformable sealing element (sealing ring 152 is formed from an elastically deformable material, p. 5, ll. 29-36) disposed in a seal groove (second annotated Fig. 7) that extends radially inwardly relative to the exterior surface of the first coupling section and/or radially outwardly relative to the interior surface of the second coupling section (see Fig. 7).
Regarding claim 18, Shin further discloses the first sealing surface (second annotated Fig. 7) includes a second groove (groove formed between first and second sealing surfaces, see Fig. 7) that extends radially inwardly relative to the exterior surface of the first coupling section (groove formed between first and second sealing surfaces extends radially inward relative to exterior surface, see Fig. 7) and the second sealing surface (second annotated Fig. 7) includes a third groove (second annotated Fig. 7) that extends radially outwardly relative to the interior surface of the second coupling section (third groove extends radially outward relative to interior surface, see Fig. 7).
Regarding claim 19, Shin further discloses the seal (sealing ring 152) is compressed longitudinally when the first groove engages the tongue (see Fig. 7; p. 5, ll. 29-36).
Regarding claim 20, Shin further discloses the first sealing surface (second annotated Fig. 7) longitudinally compresses (see Fig. 7; p. 5, ll. 29-36) the seal (sealing ring 152) against the second sealing surface (second annotated Fig. 7) when the first groove engages the tongue (Fig. 7).
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 5 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Shin in view of U.S. Pub. 2011/0108507 to Sullivan (hereinafter, “Sullivan”).
Regarding claim 5, Shin does not expressly disclose the seal is formed integrally with one of the first and second coupling sections.
Sullivan teaches a bottle having an upper portion with a primary mouth and a first coupling section and a lower portion with a closed base and a second coupling section (see Figs. 1, 6). Sullivan teaches that the first and second coupling sections are removably coupled with one another (see Figs. 6-7). Sullivan teaches that the coupling sections include a tongue and groove that engage one another (Fig. 6). Sullivan teaches a seal that sealingly engages the first and second coupling sections (seal is formed between surface 68 and skirt 28, see Fig. 6; para. [0047]). Sullivan teaches that the seal is formed integrally with one of the first and second coupling sections (skirt 28 is integral with the first coupling section and is configured to deform when the groove engages the tongue, see para. [0047]). Sullivan teaches that this integral sealing arrangement provides for a liquid tight seal for any container shape and size (para. [0011]).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have modified the bottle of Shin to make the seal formed integrally with one of the first and second coupling sections as taught by Sullivan for the purpose of providing a liquid tight seal for any container shape, as recognized by Sullivan (para. [0011]), and because it has been held that making components integral is “merely a matter of obvious engineering choice” (MPEP 2144.04(V), citing In re Larson, 144 USPQ 347, 349 (CCPA 1965)).
Regarding claim 9, Shin does not expressly disclose the seal is formed integrally with one of the first and second coupling sections.
Sullivan teaches a bottle having an upper portion with a primary mouth and a first coupling section and a lower portion with a closed base and a second coupling section (see Figs. 1, 6). Sullivan teaches that the first and second coupling sections are removably coupled with one another (see Figs. 6-7). Sullivan teaches that the coupling sections include a tongue and groove that engage one another (Fig. 6). Sullivan teaches a seal that sealingly engages the first and second coupling sections (seal is formed between surface 68 and skirt 28, see Fig. 6; para. [0047]). Sullivan teaches that the seal is formed integrally with one of the first and second coupling sections (skirt 28 is integral with the first coupling section and is configured to deform when the groove engages the tongue, see para. [0047]). Sullivan teaches that this integral sealing arrangement provides for a liquid tight seal for any container shape and size (para. [0011]).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have modified the bottle of Shin to make the seal formed integrally with one of the first and second coupling sections as taught by Sullivan for the purpose of providing a liquid tight seal for any container shape, as recognized by Sullivan (para. [0011]), and because it has been held that making components integral is “merely a matter of obvious engineering choice” (MPEP 2144.04(V), citing In re Larson, 144 USPQ 347, 349 (CCPA 1965)).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
U.S. Pub. 2009/0194531 to Branco discloses a bottle having an upper portion removably coupled to a lower portion via a tongue and groove (attachment means 29, 31, see Figs. 3 and 5).
U.S. Pub. 2018/0334296 to Velmont et al. discloses a bottle having an upper portion removably coupled to a lower portion via a plurality of tongues and grooves (see e.g. Fig. 3E).
U.S. Pub. 2010/0084362 to Letchinger et al. discloses a bottle having an upper portion removably coupled to a lower portion such that a seal is compressed longitudinally between the upper and lower portions (see Figs. 4-5).
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/Examiner, Art Unit 3733
/JOHN K FRISTOE JR/Supervisory Patent Examiner, Art Unit 3733
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