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 § 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, 13-17 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mutterle (U.S. Pub. No. 20180141729).
Regarding Claim 1, Mutterle discloses at least one closed container (Figure 1), comprising a glass container 1 (Figure 1, paragraph 74), the glass container having a total height (h1) and being characterized by a center axis (Figure 1), the glass container comprising in a direction from a top to a bottom (Figure 1): a top region (Figure 1) that comprises an opening 3 (Figure 1); a collar region 4 (Figure 1) comprising a collar 4a/4b/4c (Figure 1) with a collar height (h21) following the top region (Figure 1), wherein an outer diameter of the glass container in the collar region is d2 (Figure 1);a transition region that connects the collar region with a neck region (Figure 1) comprising a neck 5 (Figure 1), wherein an outer diameter of the glass container in the neck region is d3 (Figure 1) and an inner diameter of the glass container in the neck region is d4 (Figure 1); a shoulder region (Figure 1) comprising a shoulder (Figure 1); a body region (Figure 1) comprising a body (Figure 1) that follows the shoulder region, wherein the glass container in the body region has an outer diameter d1 (Figure 1); a heel region (Figure 1) comprising a heel (Figure 1) that follows the body region; and a bottom region (Figure 1)comprising the bottom that follows the heel region and that closes the glass container at the bottom 2 (Figure 1); wherein an outer contour of the top region comprises in the following order: a first outer surface inclined downwards towards the collar region (Figure 1), a convex curved (Figure 1), circular arc-shaped area adjacent to the first outer surface (Figure 1) ; a second outer surface adjacent to the convex curved (Figure 1), circular arc-shaped area (Figure 1) and being substantially parallel to the center axis (Figure 1); wherein an outer contour of the transition region that connects the collar region with the neck region comprises in the following order: a convex curved (Figure 1), circular arc-shaped area having a lower collar radius (r24) (Figure 1); a concave curved (Figure 1), circular arc-shaped area having a collar and neck radius (r22) (Figure 1); wherein the outer contour of the transition region further comprises a turning point located between the convex curved, circular arc-shaped area and the concave curved, circular arc-shaped area (Figure 1) and wherein a tangent line applied at this turning point encloses a lower collar angle (c21) (Figure 1) with an axis perpendicular to the center axis (Figure 1); and a press-fit cap 100 (Figure 2) closing the glass container, the press-fit cap comprising a cylindrical body (Figure 2) having an upper end (Figure 2) and a lower end (Figure 2) and at least two engaging clips 110 (Figure 1) that are arranged at an inside of the cylindrical body (Figure 2), wherein the at least two engaging clips are adapted and arranged in such a manner that, when the press-fit cap is pressed over the collar region of the glass container in order to close the glass container (Figure 3), the engaging clips engage so as to contact an outside of the glass container in the transition region between the collar region and the neck region (Figure 3); wherein P is any given point at a lower end of the press-fit cap that is located above the shoulder region and that lies on a straight line running parallel to the center axis (Figure 3)and hitting an outer surface of the shoulder region at a point Q, wherein among these points P at the lower end of the press-fit cap a point P' is the one that has the smallest distance to its corresponding point Q' (Figure 3). Mutterle does not disclose a distance between points P' and Q' on the straight line is in a range from 0.17 to 8.4 mm. However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to have the above ranges since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. MPEP2155.05(I).
Regarding Claim 2-11 and 13-16, Mutterle teaches all the limitations substantially as claimed except for d2 is in a range from 11.7 to 13.2 mm; d2 is in a range from 17.8 to 20.2 mm; d3 is in a range from 9.5 to 10.5 mm; d3 is in a range from 14.0 to 16.5 mm; d3 is in a range from 15.0 to 17.5 mm; d4 is in a range from 5.0 to 7.2 mm; d4 is in a range from 10.4 to 12.8 mm; r22 is in a range from 0.3 to 1.0 mm; r24 is 0.5 mm or less; c21 is in a range from 3 to 20 degrees; the neck height h21 is in a range from 1.3 to 3.6 mm; the press-fit cap has a maximum outer diameter dcap in a range from 13.4 to 14.4 mm; the press-fit cap has a maximum outer diameter dcap in a range from 20.1 to 21.5 mm; and the press-fit cap has a height heap in a range from 4.5 to 7.5 mm. However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to have the above ranges since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. MPEP2155.05(I).
Regarding Claim 17, Mutterle discloses a rubber stopper 200 (figure 2, paragraph 83) comprising a first portion that rests on the top region (Figure 3) and a second portion that is inserted into the opening of the top region (Figure 3).
Regarding Claim 20, Mutterle discloses a liquid composition or a solid composition (paragraph 95).
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mutterle (U.S. Pub. No. 20180141729) in view of Aneas (FR2893922).
Regarding Claim 12, Mutterle teaches all the limitations substantially as claimed except for the outer contour of the top region further comprises a third outer surface adjacent to the first outer surface, wherein the third outer surface is inclined downwards into the inside of the glass container and which encloses an angle (c24) with the center axis, wherein c24 is in a range from 30 to 50 degrees. However, Aneas teaches the outer contour of the top region further comprises a third outer surface adjacent to the first outer surface (Figure 8), wherein the third outer surface is inclined downwards into the inside of the glass container and which encloses an angle (c24) with the center axis (figure 8). Mutterle does not disclose wherein c24 is in a range from 30 to 50 degrees. However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to have c24 is in a range from 30 to 50 since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. MPEP2155.05(I). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mutterle to include the above, as taught by Aneas, in order to allow for the stopper to more easily be inserted.
Claim(s) 18 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mutterle (U.S. Pub. No. 20180141729) in view of Kriheli (U.S. Pub. No. 20120046636).
Regarding Claims 18 and 19, Mutterle teaches all the limitations substantially as claimed except for a vial adaptor wherein the vial adaptor has an inner diameter and a height with such dimensions that the vial adaptor can be placed on the press-fit cap. However, Kriheli teaches a vial adaptor 160 (Figure 12) wherein the vial adaptor has an inner diameter and a height with such dimensions that the vial adaptor can be placed on the press-fit cap (Figure 12). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mutterle to include the above, as taught by Kriheli, in order to easily use as a vial.
Applicant is duly reminded that a complete response must satisfy the requirements of 37 C.F. R. 1.111, including: “The reply must present arguments pointing out the specific distinctions believed to render the claims, including any newly presented claims, patentable over any applied references. A general allegation that the claims “define a patentable invention” without specifically pointing out how the language of the claims patentably distinguishes them from the references does not comply with the requirements of this section. Moreover, “The prompt development of a clear Issue requires that the replies of the applicant meet the objections to and rejections of the claims.” Applicant should also specifically point out the support for any amendments made to the disclosure. See MPEP 2163.06 II(A), MPEP 2163.06 and MPEP 714.02. The ''disclosure'' includes the claims, the specification and the drawings.
Response to Arguments
Applicant's arguments filed 12/31/25 have been fully considered but they are not persuasive. Applicant argues that it would not be obvious for the range of distance between P’ and Q’ through routine in the art optimum or workable ranges. However, it is obvious to find varying sizes of a glass container through routine skill in the art and the specification itself refers to varying ranges the distance between P’ and Q’ can be (paragraph 25).
Conclusion
THIS ACTION IS MADE FINAL. 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 ELIZABETH J VOLZ whose telephone number is (571)270-5430. The examiner can normally be reached Monday-Friday 11am-7pm est.
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/E.J.V/Examiner, Art Unit 3733 /JEFFREY R ALLEN/Primary Examiner, Art Unit 3733
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