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 .
Election/Restrictions
Applicant’s election without traverse of Group I in the reply filed on 07/25/2025 is acknowledged. Claims 6-11 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group, there being no allowable generic or linking claim.
Claim Rejections - 35 USC § 112(b)
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.
Claim 5 is 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 5 recites “the elastic member is configured such that the elastic member applies opposite forces to the bottle and the cap when the at least one locking portion is accommodated in the at least one locking receiving portion”, this is unclear. How will it apply opposite forces? Opposite forces would be push and pull. Does the applicant mean it applies a pressing force but in opposite directions? Upward to the cap and downward to the bottle?
Claim Rejections - 35 USC § 102
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) 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Avrea GB 1415698 A, herein after referred to as Avrea.
Regarding claim 1 Avrea discloses a cap assembly (Figs. 1-5), characterized by comprising:
a cap (9 cap) comprising a cap top and a cap side portion being formed by extending downwardly from an outer edge of the cap top (Figs. 1-2), the cap top and the cap side portion defining a cap cavity (Figs. 1-2);
an inner cylinder assembly (32 first location means) connected to the cap top (Fig. 2), arranged in the cap cavity, and forming an annular receiving portion (on either side of 32, Figs. 1-2 and 4) with the cap side portion;
an elastic member (11 spring) arranged in the receiving portion (Fig. 2); and
a blocking member (the horizontal portion of filler neck 1, Fig. 2) arranged in the receiving portion (are between the sidewall/skirt of the lid and 32) below the elastic member (11);
wherein the cap (9) is provided with at least one locking portion (16 connection means) for preventing the elastic member (11) and the blocking member (1) from falling from the receiving portion (16 holds 1 in place including the lower portion of 1 which prevents the elastic member and blocking member from moving).
Regarding claim 2 Avrea discloses the cap assembly according to claim 1 and further discloses wherein the elastic member (11) is a wave spring (11 is a spring that can be deformed so take up less room and as recited in paragraph [0028] of the instant application may have more than one turn which is disclosed by Avrea) and the blocking member (lower portion of 1) is annular (Figs. 4 and 5).
Regarding claim 3 Avrea discloses the cap assembly according to claim 1 and further discloses wherein each of the at least one locking portion (16) is arranged on an inner surface of the cap side portion and is formed by extending inwardly from the inner surface (Figs. 4 and 5); and the blocking member (1) is provided with at least one recess (152) formed by being recessed inwardly in an outer edge of the blocking member (108), and the at least one recess (54 cutaway area and 56 lock position) is arranged to correspond to the at least one locking portion (Figs. 4 and 5).
Regarding claim 4 Avrea discloses the cap assembly according to claim 1 and further discloses wherein each of the at least one locking portion (16) is arranged at a distance from a lower surface of the cap top to accommodate the elastic member (11) and the blocking member (1, the locking members are at the bottom of the cap sidewall which is a distance below the lower surface of the cap and the elastic member and blocking member are located between the cap sidewall and 32).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lauren Kmet whose telephone number is (313)446-4834. The examiner can normally be reached M-F 9am-6pm.
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/L KMET/Examiner, Art Unit 3735
/Anthony D Stashick/Supervisory Patent Examiner, Art Unit 3735
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