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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-4, 7-8, 12-13, 24 and 34 are rejected under 35 U.S.C. 103 as being unpatentable over Naftali (US 9,966,174) in view of Demus (US 5,816,709) further in view of Bauer (US 5,572,773).
Regarding claim 1, Naftali (fig.5) discloses a closure device for closing an opening that is formed between a first closing portion (top portion of first wall 250) and a second closing portion (top portion of second wall 248), wherein the closure device includes a first closure part 212 and a third part 240 for arrangement on the first closing portion (top portion of first wall 250) and a second a second part 210 for arrangement on the second closing portion (top portion of second wall 248), wherein
the first closure part 212 has a first strip body longitudinally extended along a transverse direction,
the second closure part 210 has a second strip body longitudinally extended along the transverse direction,
the first closure part 212 and the second closure part 210 cooperate in a magnetically attracting manner in such a way that in a closed position of the closure device, the first closing portion and the second closing portion rest against each other and form a closure compound with the first and second closure parts 212 210,
the closure compound capable of being adjusted from a release position, in which the first and second closing portions can be separated from each other against a magnetic force applied by the first and second closure parts 212, 210 to clear the opening, into a closing position in which the closure compound and the third closure part 240 cooperate in a magnetically attracting manner in such a way that the closure compound is maintained in the closing position.
Naftali fails to disclose:
an additional securing mechanism via which the closure compound disposed in its closing position is additionally secured against removal from the third closure part 240 and hence against undesired opening in the closing position,
Wherein the securing mechanism comprises at least one first securing part at least one second securing part and the closure device comprises at least one magnetic element,
wherein the at least one first securing part, for securing the closure compound in its closing position and blocking the closure compound against an adjustment into the release position, is positioned in a securing position in which the at least one first securing part is connected to the at least one second securing part in a form-fitting manner so as to mechanically block displacement of the closure compound from the closing position in response to shear and/or lifting forces acting on the closure device, and
a magnetic force applied by the at least one magnetic element to position the at least one first securing part relative to the at least one second securing part such that the form-fitting connection is established;
wherein the form-fitting connection is established by engagement of a protruding engagement portion of the at least one first securing part with a corresponding receiving portion of the at least one second securing part.
However, Demus teaches a bag secured by first second and third closure parts, provided with an additional securing mechanism including a flap 16 and hook and loop fastener 29a-b (figs. 5 and 10-12).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed, to have provided the device of Naftali, an additional securing mechanism, to maintain the device in the closed position by ensure the closure parts remain fastened as taught by Demus in col. 4, lines 48-51.
Regarding the additional securing mechanism including a magnetic force and a protruding engagement portion with a corresponding receiving portion as claimed, Bauer teaches a securing mechanism including a magnetic snap lock (figs. 1-4 and col. 1, lines 33-37).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have made the additional securing mechanism of the modified Naftali, magnets and protruding engagement portion with a corresponding receiving portion, to improve resistance to unintended disengagement and enhance user reliability. Also, both hook and loop fasteners and magnets are well known functionally equivalent fastening mechanisms used to detachably secure components together. Such fasteners are routinely interchanged by one of ordinary skill in the art depending on design preference.
Regarding claim 2, Naftali further discloses the closure device being provided for closing an opening via which a hollow body is accessible, which is bordered by flexible walls 250, 248 (fig. 5).
Regarding claim 3, the modified Naftali further discloses the additional securing mechanism is adapted to (capable of) counteract a removal of the closure compound from the position due to an increased internal pressure in the hollow body (fig. 12 of Demus).
Regarding claim 4, Naftali further discloses the closure compound can be adjusted from the release position by folding the first and second closing portions at least once into the closing position (fig. 5).
Regarding claim 7, the modified Naftali further discloses the first and second strip bodies of closure parts 212 and 210 have two longitudinal ends and, in the closing position, the additional securing mechanism is adapted (or is capable of) to at least one of counteract a lifting force acting on the first and second strip bodies at the longitudinal ends and resulting from the increased internal pressure, by action of which mutually opposite longitudinal ends of the first and second strip bodies strive to move away from each other, and counteract a shear force resulting from the increased internal pressure, which acts in a middle area of the first or second strip bodies on the closure device in a plane extending parallel to the first and second closing portions (fig. 12 of Demus).
Regarding claim 8, the modified Naftali further discloses via the additional securing mechanism there is provided a connection between the closure compound and a wall connected to the first closing portion (fig. 12 of Demus).
Regarding claim 12, the modified Naftali further discloses the at least one magnetic element applies a magnetic force to adjust the at least one first securing part towards the securing position when the closure compound is adjusted towards its closing position (fig. 5 of Naftali and figs. 5 and 12 of Demus).
Regarding claim 13, The modified Naftali further discloses the at least one first securing part 212 is configured to be adjusted into the securing position only after the closure compound is present in its sealing position (fig. 5 of Naftali).
Regarding claim 24, the modified Naftali discloses the closure compound capable of being transferred from the release position into the closing position by folding or rolling the closure compound at least once about a pivot axis parallel to a first spatial direction,
a force provided by hook and loop fastener 29a-b (of Demus) for holding the closure compound in its closing position with respect to the third closure part 240 acts along a spatial axis that is parallel to a second spatial direction extending perpendicularly to the first spatial direction, and
via the securing mechanism the closure compound is secured against removal from the third closure part by action of a shear force which points in a third spatial direction that is both perpendicular to the first spatial direction and perpendicular to the second spatial direction (fig. 5 of Demus).
The modified Naftali fails to disclose the force being a magnetic force.
However, Naftali further teaches magnetic forces being used to engage two parts (abstract).
It would have been obvious to one of ordinary skill in the art to substitute a magnetic sealing mechanism as, for example, taught by the Naftali reference for the hook and loop sealing mechanism 29a-b of the modified Naftali, since it has been held that when a patent claims a structure already known in the prior art that is altered by the mere substitution of one element for another known in the field, the combination must do more than yield a predictable result. KSR, 127 S.Ct. at 1740, 82 USPQ2d at 1395 (citing United States v. Adams, 383 U.S. 50-51, 148 USPQ 479, 483 (1966)).
Regarding claim 34, Naftali (fig. 5) discloses a closure device for closing opening that is formed between a first closing portion (top portion of wall 250) and a second closing portion (top portion of wall 248), and via which a hollow body is accessible, which is bordered by at least one flexible wall, wherein the closure device includes a first closure part 212 for arrangement on the first closing portion and a second closure part 210 for arrangement on the second closing portion, wherein
the first closure part 212 has a first strip body longitudinally extended along a transverse direction,
the second closure part 210 has a second strip body longitudinally extended along the transverse direction,
the first closure part 212 and the second closure part 210 cooperate in a magnetically attracting manner in such a way that in a closed position of the closure device the first closing portion and the second closing portion rest against each other and form a closure compound with the first and second closure parts,
the closure compound can be adjusted from a release position into a closing position by folding the first and second closing portions at least once, wherein, in the release position, the first and second closing portions can be separated from each other against a magnetic force applied by the first and second closure parts to clear the opening
Naftali fails to disclose:
a securing mechanism via which the closure compound disposed in its closing position is secured against an inadvertent removal of the closure compound from the closing position due to an increased internal pressure in the hollow bod;
wherein the securing mechanism comprises at least one first securing part and at least one second securing part and the closure device comprises at least one magnetic element ;
wherein the at least one first securing part for securing the closing compound in its closing position, is positioned in a securing position in which the at least one first securing part is connected to the at least one second securing part in a form-fitting manner so as to mechanically block displacement of the closure compound from the closing position in response to shear and/or lifting forces acting on the closure device, and
a magnetic force being applied by the at least one magnetic element to position the at least one first securing part relative to the at least one second securing part such that the form-fitting connection is established;
wherein the form-fitting connection is established by engagement of a protruding engagement portion of the at least one first securing part with a corresponding receiving portion of the at least one second securing part.
However, Demus teaches a bag secured by first second and third closure parts, provided with an additional securing mechanism including a flap 16 and hook and loop fastener 29a-b (figs. 5 and 10-12).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed, to have provided the device of Naftali, an additional securing mechanism, to maintain the device in the closed position by ensure the closure parts remain fastened as taught by Demus in col. 4, lines 48-51.
Regarding the additional securing mechanism including a magnetic force and a protruding engagement portion with a corresponding receiving portion as claimed, Bauer teaches a securing mechanism including a magnetic snap lock (figs. 1-4 and col. 1, lines 33-37).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have made the additional securing mechanism of the modified Naftali, magnets and protruding engagement portion with a corresponding receiving portion, to improve resistance to unintended disengagement and enhance user reliability. Also, both hook and loop fasteners and magnets are well known functionally equivalent fastening mechanisms used to detachably secure components together. Such fasteners are routinely interchanged by one of ordinary skill in the art depending on design preference.
Claim 31 is rejected under 35 U.S.C. 103 as being unpatentable over Naftali (US 9,966,174) in view of Demus (US 5,816,709) further in view of Edwards (US 5,782,344).
Regarding claim 31, Naftali (figs. 5) discloses a container capable of being used as a drink bladder, comprising a hollow body for receiving a liquid, and wherein the liquid can be filled into the hollow body via an opening that can be closed by a closure device for closing the opening that is formed between a first closing portion (top portion of wall 250) and a second closing portion (top portion of wall 248), wherein the sealing arrangement includes a first closure part 212 and a third closure part 240 for arrangement on the first closing portion and a second closure part 210 for arrangement on the second closing portion, wherein
the first closure part 212 has a first strip body longitudinally extended along a transverse direction, the second closure part 210 has a second strip body longitudinally extended along the transverse direction, the first closure part 212 and the second closure part 210 cooperate in a magnetically attracting manner in such a way that in a closed position of the closure device the first closing portion and the second closing portion rest against each other and form a closure compound with the first and second closure parts 212, 210, and
the closure compound is capable of being adjusted from a release position, in which the first and second closing portions can be properly separated from each other against a magnetic force applied by the first and second closing parts to clear the opening, into a closing position in which the closure compound and the third closing part 240 cooperate in a magnetically attracting manner in such a way that the closure compound is maintained in the closing position.
Naftali fails to disclose:
the hollow body comprising an outlet configured for connection to a drinking tube for the liquid; and
an additional securing mechanism via which the closure compound disposed in its closing position is additionally secured against removal from the third closure part and hence against undesired opening in the closing position.
However, Demus teaches a bag secured by first second and third closure parts, provided with an additional securing mechanism including a flap 16 and hook and loop fastener 29a-b (figs. 5 and 10-12).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed, to have provided the device of Naftali, an additional securing mechanism, to maintain the device in the closed position by ensure the closure parts remain fastened as taught by Demus in col. 4, lines 48-51.
Further, Edwards teaches a pouch with an outlet 17 (fig. 1).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have provided the modified device of Naftali, an outlet, to allow a small opening to be created for a straw to be inserted without having to open the securing mechanisms.
Response to Arguments
Applicant’s arguments have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BLAINE GIRMA NEWAY whose telephone number is (571)270-5275. The examiner can normally be reached Monday - Friday 9:00 AM- 5:00PM.
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/BLAINE G NEWAY/Examiner, Art Unit 3735
/Anthony D Stashick/Supervisory Patent Examiner, Art Unit 3735
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