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 § 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.
Claim(s) 1, 3-4 and 6-20 is/are rejected under 35 U.S.C. 102(a)(1)as being anticipated by Paauwe et al. (US-11724930-B2).
Paauwe discloses:
1. A bag-in-container (3), comprising a bag inside a container (Fig. 19), the bag being compressible upon introduction of a gas under pressure into a space between the bag and the container, wherein the bag has a first neck (at 98) and the container has a second neck (above 109), the second neck extending around the first neck (Fig. 19), wherein at least one passage (46, 46A) is provided between the first and the second neck, providing access for said gas under pressure into said space, wherein the first and second neck both have a closed peripheral wall, wherein a lid (47A) is mounted onto the bag- in-container, said lid comprising a first seal (100) sealing against the bag and a second seal (100) sealing against the container, the lid further comprising a first channel (102), during use fluidly connecting to an inner space of the bag and a second channel (103), during use fluidly connecting to said at least one passage, wherein a connector is provided (Fig. 16A-16C, connector 45), connected to or connectable to the bag-in-container, wherein the connector has a first connecting element (61) fitting onto and/or into the first channel an at least partly flexible dispensing line(35) fluidly connected to or connectable to the first connecting element for dispensing beverage from the bag, and wherein:- the lid comprises a channel part (52, 106), extending from the second channel to an inlet opening, wherein the inlet opening lies in a plane extending substantially parallel to a longitudinal axis of the container, or the connector comprises a channel part, extending during use, when coupled to the lid, from the second channel or a second connecting element of the connector to an inlet opening, wherein the inlet opening lies in a plane extending substantially parallel to the longitudinal axis of the container (Figs. 16A-C, 19), a second connecting element fits onto and/or into the second channel (Figs. 18-20), wherein the first channel has a first longitudinal axis and the second channel has a second longitudinal axis, the first longitudinal axis and the second longitudinal axis extending substantially parallel to each other and/or to the longitudinal axis of the container (Fig. 19).
3. Bag-in-container according to claim 1 , wherein a second opening is provided in the lid or the connector, diametrically opposite to the inlet opening, positioned in a plane extending substantially parallel to a longitudinal axis of the container and, spaced radially outward from the peripheral wall of the second neck, wherein the inlet opening is in fluid communication with the second opening through the lid, through the connector and/or through the container (Figs. 18-20).
and a second seal (100) sealing against the container, the lid further comprising a first channel (102), during use fluidly connecting to an inner space of the bag and a second channel (103), during use fluidly connecting to said at least one passage, wherein a connector is provided (Fig. 16A-16C, connector 45), connected to or connectable to the bag-in-container, wherein the connector has a first connecting element (61) fitting onto and/or into the first channel an at least partly flexible dispensing line(35) fluidly connected to or connectable to the first connecting element for dispensing beverage from the bag, and wherein:- the lid comprises a channel part (52, 106), extending from the second channel to an inlet opening, wherein the inlet opening lies in a plane extending substantially parallel to a longitudinal axis of the container, or the connector comprises a channel part, extending during use, when coupled to the lid, from the second channel or a second connecting element of the connector to an inlet opening, wherein the inlet opening lies in a plane extending substantially parallel to the longitudinal axis of the container (Figs. 16A-C, 19), wherein between the lid and the connector a gas space is enclosed, during use connecting to the inlet opening and the second channel (col. 11, lines 4-30), wherein the second connecting element comprises or is formed by a piercing element for piercing into the second channel, which piercing element at least comprises one groove for allowing gas to pass into and/or out of said second channel from or into said gas space (col. 23, lines 42-51).
6. Bag-in-container according to claim 1 , wherein the first connecting element is or comprises a hollow needle (Fig. 16A).
7. Bag-in-container according to claim 1, wherein the first connecting element is or comprises a hallow needle (Figs. 18-20).
8. Bag-in-container according to claim 1, wherein the at least one passage has a main direction of flow which is substantially parallel to the longitudinal axis (Figs. 18-20).
9. Bag-in-container according to claim 1, wherein the lid or the connector is provided, in a position radially opposite the inlet opening, with a second connecting surface, extending in a plane substantially parallel to the plane in which the first inlet opening lies (Fig. 19).
10. Bag-in-container according to claim 1, wherein the first connecting surface and the second connecting surface are substantially equally distant from the longitudinal axis of the bag-in-container (Fig. 19).
11. Bag-in-container according to claim 9, wherein an outlet opening (52) is provided in said second connecting surface, said outlet opening fluidly connected to the second connecting element or the second channel.
12. Bag-in-container according to claim 9, wherein the first connecting surface has a first center and the second connecting surface has a second center, wherein the first center and the second center lie on a straight line extending perpendicular to the longitudinal axis of the bag-in-container (Fig. 19).
13. Bag-in-container according to claim 1, wherein the passage comprises at least a substantially cylindrical space between the peripheral walls of the first neck and the second neck, extending into the bag-in-container from the level of a free longitudinal edge of the first neck (Fig. 6H).
14. Bag-in-container according to claim 1, wherein the bag-in-container is an integrally blow molded bag-in-container (col. 17, lines 64-65).
15. Bag-in-container according to claim 1, wherein the connector provides for a standing surface for the bag-in-container to stand on (Fig. 19).
16. Connector for connecting to a lid of a bag in container, said connector comprising first and second connecting elements having parallel longitudinal axes, extending from a first surface, and two openings diametrically opposite each other in connecting surfaces extending substantially parallel to each other and to the longitudinal axis of the first connecting element and the longitudinal axis of the second connecting element (Fig. 19).
17. Bag-in-container according to claim1, wherein the plane extending substantially parallel to the longitudinal axis of the container is spaced radially outward from the peripheral wall of the second neck (Fig. 19).
18. Bag-in-container according to claim 1, wherein the lid comprises a first connecting surface and a second connecting surface, wherein the first connecting surface and the second connecting surface are substantially equally distant from the longitudinal axis of the bag- in-container (Fig. 18, depending on the surfaces chose).
19. Bag-in-container according to claim 4, wherein the lid comprises a first connecting surface and a second connecting surface, wherein the first connecting surface and the second connecting surface are substantially equally distant from the longitudinal axis of the bag- in-container (Fig. 18, depending on the surfaces chose).
20. Bag-in-container according to claim 18, wherein the lid or the connector is provided, in a position radially opposite the inlet opening, with the second connecting surface, extending in a plane P2 substantially parallel to the plane P1 in which the first inlet opening lies (Fig. 18, depending on the surfaces chose).
Response to Arguments
Applicant's arguments filed 2/27/2025 have been fully considered but they are not persuasive.
Regarding appellant’s argument that Fig. 16A-C and Fig. 18-20 are not compatible the examiner maintains that the embodiments are compatible together. Paauwe specifically discloses that “FIG. 18-20 relevant parts of alternative embodiments of containers with adapters or closures for use in a system according to the disclosure” (col. 6, lines 5-7) and that “[T]he invention is by no means limited to the embodiments specifically disclosed and discussed here above. Many variations thereof are possible, including but not limited to combinations of parts of embodiments shown and described. For example the at least one opening 9 can be provided in a different position, for example extending through the closure ring 47, preferably in substantially radial direction outward, for example through the inner surface or wall of the ring, into the space between the containers, wherein the adapter 38 can extend into the ring for communicating properly with said at least one opening 9. The container can be provided with only one opening in the neck or several such openings. In embodiments the container can be a single wall container, wherein the gas can be inserted directly into the beverage, for example CO.sub.2 or nitrogen gas. In embodiments the container can be compressible by pressurizing the space within the lid. In embodiments the closure ring 47 and adapter 38 can be integrated. They can then be connected directly onto the container 3 as a closure and be suitable as the adapter. In embodiments the dispense adapter and the adapter can be integrated, with each other and/or with the closure ring. Instead of a valve in the container a different closure can be used, for example a pierceable closure, piercable by the adapter and/or the dispense adapter, or a removable closure which can then be replaced with the adapter and/or dispense adapter for cooperation with the tapping device” (col. 23, lines 25-50). Therefore, the examiner maintains that the structure disclosed above is appropriate and taught by Paauwe, and that it reads on applicant’s limitations as currently claimed.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art.
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 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 at (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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