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 .
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 1-20 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 1 recites “a screw cap comprised of a cylindrical casing, a cover disk attached to a first end of the cylindrical casing having an inner thread formed on an inside surface of the first cylindrical casing” in lines 4-5. It is unclear if the thread is formed on the cover disk or cylindrical casing.
Claim 1 recites the limitation " the first cylindrical casing " in line 4-5. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the second end" in line 6. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites “the first, second, third and fourth ends are arranged one after the other in a circumferential direction on the free edge and on the security ring” in lines 18-20. It is unclear if the ends are arranged in this configuration in the open position or closed position.
Claim 1 recites “the first tongue and second tongue arranged between the second and the third end” in liens 24-25. It is unclear if the tongues are arranged in this configuration in the open position or closed position.
Claim 10 does not a include a preceding claim and therefore it is unclear what limitations are present in the claims.
Claim 19 recites “an outer thread” in line 9. It is unclear if this is the same thread previously set forth.
Claim 19 recites “the screw cap defining a free edge opposite the cylindrical casing” in line 10. It is unclear how the free edge can be opposite the casing when the screw cap is comprised of the casing. It appears that the free edge should be opposite the cover disk.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 10 and 14 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 10 fails to reference a previously set forth claim. Claim 14 fails to further limit claim 1. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art cited is drawn to closures with holding strips.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEFFREY R ALLEN whose telephone number is (571)270-7426. The examiner can normally be reached 9:00 am - 5:00 pm, Monday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Jenness can be reached on (571)270-5055. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JEFFREY R ALLEN/Primary Examiner, Art Unit 3733
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