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 .
Response to Amendment
The amendment filed on 01/15/2026 (hereinafter “amendment”) has been accepted and entered. Claims 1-17 are pending. Claim 6-11 are withdrawn from further consideration as being drawn to a nonelected Group.
Claim Rejections - 35 USC § 112(b)
The 35 U.S.C. 112(b) rejections of claim(s) 5 is/are withdrawn as a result of the amendment.
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) 1-2, 4 and 12 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 (37 second location means, Fig. 2) arranged in the receiving portion (are between the sidewall/skirt of the lid and 32) below the elastic member (11), wherein at least a portion of the blocking member (37) is directly below at least a portion of the elastic member (Fig. 2)
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 (37) from falling from the receiving portion (16 holds the filler neck 1 in place which prevents the elastic member 11 and blocking member 37 from moving out of the receiving space).
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 the spring may have more than one turn which is disclosed by Avrea) and the blocking member (37) is annular (Figs. 1-2).
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 (37, 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).
Regarding claim 12 Avrea discloses the cap assembly according to claim 1 and further discloses wherein the elastic member (11) abuts the blocking member (37, Fig. 2).
Allowable Subject Matter
Claims 3 and 5 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 13-17 are allowed.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are considered moot. Applicant arguments are directed towards the blocking member being a portion of filler neck 1. The blocking member is now 37 as discussed in the rejection above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 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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