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 Objections
Claim 9 is objected to because of the following informalities:
Claim 9 recites “rotation of the recess cover in a first direction places the recess cover locks the recess cover to the first flange,” which contains grammatic deficiencies. The Examiner recommends amending the limitation to recite “rotation of the recess cover in a first direction locks the recess cover to the first flange.”
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
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. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: "closure mechanism" in claim 1.
The following 3-Prong Test is used to detail the invocation of 35 U.S.C. 112(f) pertaining to the aforementioned limitation:
The generic place holder, “mechanism,” is identified as a replacement for the generic “means for,” and is not indicative of any specific known, limiting feature.
“mechanism” is modified by the functional language “closing.” The generic placeholder is set forth by the function it performs.
A lack of sufficient structure for achieving the claimed function follows the aforementioned limitation.
Thus, claim 1 and dependent claims 2-18 (by virtue of dependency) are given the broadest reasonable interpretation set forth by the specifications to mean:
A zipper, a waterproof zipper, hook-and-loop, button snaps, magnets, a fold-down closure mechanism, or other closure mechanisms within the spirit and scope of the present disclosure (Applicant’s Specification: para. 0044).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 2 is rejected under 35 U.S.C. 112(d) as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. The limitation "comprises a flexible sheet material" does not further limit claim 1, which already recites "an outer shell comprising a flexible sheet material" in l. 2. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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) 1-2, 4-11, 13-14, and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Nielson et al. (US 8225958 B2) in view of Broadbent et al. (US 8430284 B2).
Regarding claim 1, Nielsen discloses a carrying apparatus for transporting a beverage (bag-in-box 100, fig. 1) comprising: an outer shell (container 102) comprising a flexible sheet material (cardboard or plastic, col. 4 ll. 31-33), the outer shell comprising a first side (side in which tap 101 is located, fig. 1) and a second side (opposite first side, fig. 1) which are configured to interconnect at a top aspect (via flaps 1102, fig. 1); a first flange (base part 401) interconnected to the outer shell proximal to a bottom aspect of the outer shell (refer to fig. 4), wherein the first flange comprises a recess; the recess comprising sidewalls, and an aperture therethrough, wherein the aperture extends inward to an internal volume within the outer shell (refer to the annotated figure below);
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and a recess cover (the telescopic pipe 404 and knob 407 together, figs. 9-10) adapted to interconnect with the first flange, wherein interconnection of the recess cover to the first flange seals the recess (col. 5 ll. 36-46). However, Nielson remains silent to the top aspect of the outer shell comprises a closure mechanism configured to interconnect the first side to the second side at the top aspect, therein closing the top aspect of the outer shell; and the first flange comprising one or more slits extending radially outward from the aperture, wherein the one or more slits define tabs, wherein the tabs which are adapted for flexibly deflecting inward and outward. Broadbent teaches the top aspect of the outer shell comprises a closure mechanism (zipper 44) configured to interconnect the first side to the second side at the top aspect (col. 4 ll. 22-27), therein closing the top aspect of the outer shell; and the first flange (gasket 36) comprising one or more slits (radial slits 66) extending radially outward from the aperture, wherein the one or more slits define tabs (refer to fig. 12), wherein the tabs which are adapted for flexibly deflecting inward and outward (col. 5 ll. 28-35).
It would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the outer shell to have a zipper closure mechanism. In doing so, the device can advantageously be non-destructively opened and closed. Furthermore, it would have been prima facie obvious to one having ordinary skill in the art before the filing date of the claimed invention to modify the first flange to have slits. In doing so, one can ease the insertion of the spout (col. 5 ll. 28-35).
Regarding claim 2, in addition to the limitations of claim 1, Nielson further discloses wherein the outer shell comprises a flexible sheet material (cardboard or plastic, col. 4 ll. 31-33).
Regarding claim 4, in addition to the limitations of claim 1, the already modified device further teaches wherein the closure mechanism comprises a zipper (Broadbent: zipper 44).
Regarding claim 5, in addition to the limitations of claim 4, Nielson further discloses wherein the recess comprises a circular shape (refer to fig. 10).
Regarding claim 6, in addition to the limitations of claim 1, Nielson further discloses wherein the recess extends inward into the internal volume of the outer shell (refer to the space that telescope pipe inserts into, figs. 8 and 10).
Regarding claim 7, in addition to the limitations of claim 6, Nielson further discloses wherein the sidewalls comprises threaded features (to interface with threads 408); and the recess cover further comprises threaded features (threads 408) adapted to interconnect with the threaded features of the recess (col. 5 ll. 46-55).
Regarding claim 8, in addition to the limitations of claim 6, Nielson further discloses wherein the sidewalls are tapered inward, and wherein interconnection between the recess cover and the sidewalls of the recess comprises a press-fit (the telescopic pipe 404 and knob 407 together, figs. 9-10, and col. 5 ll. 36-46, where pressing the recess cover forms a seal).
Regarding claim 9, in addition to the limitations of claim 6, Nielson further discloses wherein the recess cover further comprises one or more keys (guides 412) which extend radially outward from a cylindrical outer aspect of the recess cover; and the first flange comprises one or more keyways (grooves or cut-outs, col. ll. 3-5) configured to receive the keys of the recess cover (col. 6 ll. 3-5), wherein indexing of the keys with the keyways as the recess cover is inserted into the recess, and rotation of the recess cover (knob 407) in a first direction places the recess cover locks the recess cover to the first flange, and wherein rotation of the recess cover in a second direction unlocks the recess cover from the first flange, thus permitting separation of the recess cover from the first flange (col. 6 ll. 5-15).
Regarding claim 10, in addition to the limitations of claim 1, Nielson further discloses wherein the recess cover comprises a cylindrical form (refer to fig. 8) with an open first end adapted for interconnecting with the recess (refer to fig. 7), and a closed second end (at the location of handle 409), wherein the recess cover is adapted for containing a liquid therein (refer to fig. 7 wherein telescope pipe 404 is connected to the bag 301 via channel part 403, col. 5 ll. 43-46).
Regarding claim 11, in addition to the limitations of claim 1, Nielson further discloses wherein the sidewalls of the recess are flexible (col. 6 ll. 33-36 where the dispensing unit can be made out of plastic or rubber) wherein the recess is adapted to be extended outward (fig. 4, where the dispensing unit is in an extended position) wherein a bottom of the recess is configured to extend into the internal volume within the outer shell in a collapsed configuration (configuration shown in fig. 9), and wherein the bottom of the recess is configured to extend outward from the outer shell in an extended configuration (configuration shown in fig. 7).
Regarding claim 13, in addition to the limitations of claim 1, Nielson further discloses wherein the first flange comprises a flat segment oriented toward the bottom aspect of the outer shell (refer to the annotated figure below).
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Regarding claim 14, in addition to the limitations of claim 1, Nielson further discloses wherein a center of mass of the carrying apparatus is lower than one-half of an overall height of the carrying apparatus (refer to the annotated figure below).
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Since the two components of larger mass (a bag filled with liquid and a dispensing device which are heavier than a shell made of plastic or cardboard) are located towards the bottom aspect of the carrying device, one skilled in the art could calculate the center of mass from the centroid of the carrying device by considering the sum of the masses of the shell, bag, and dispensing device relative to the centroid. In doing so, the center of mass will be below one half of the overall height.
Regarding claim 17, in addition to the limitations of claim 1, Nielson further discloses wherein the recess extends inward into the internal volume (refer to fig. 4).
Regarding claim 18, in addition to the limitations of claim 17, Nielson further discloses further comprising a second flange (distal end of spout 302, which connects to the box wall 102) with an aperture therethrough, wherein the first flange is interconnected to an external aspect of the outer shell, wherein the second flange is interconnected to an internal aspect of the outer shell, wherein the aperture of the second flange is configured to align with the aperture of the first flange, and wherein the outer shell is disposed between the first flange and the second flange (refer to the annotated figure below).
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Regarding claim 19, Nielson further discloses a carrying apparatus for transporting a beverage (bag-in-box 100, fig. 1) comprising: a container comprising an outer shell (container 102), the outer shell comprising a flexible sheet material (cardboard or plastic, col. 4 ll. 31-33), wherein the container comprises a closed form with a bottom aspect (refer to fig. 4), and an open top aspect (refer to fig. 11); the outer shell further comprises a first side (side in which tap 101 is located, fig. 1) and a second side (opposite first side, fig. 1) configured to intersect at a top aspect (via flaps 1102, fig. 1) of the outer shell vertically above the bottom aspect (refer to fig. 1); the outer shell comprises an external aspect (outside wall of container 102), and an internal aspect (inside wall of container 102), wherein the internal aspect defines an internal volume; a first flange (base part 401) interconnected to the external aspect of the outer shell (refer to figs. 1, 2, 4, and 5) comprising a circularly shaped recess which extends through the first side of the outer shell (refer to the annotated figure below),
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wherein the recess is proximal to the bottom aspect of the outer shell (refer to fig. 6); a bottom of the recess comprises an aperture therethrough which extends inward into the internal volume (refer the annotated fig. 7 above), wherein the recess comprises sidewalls with attachment features (threads which interface with threads 408); a second flange interconnected with the internal aspect of the outer shell, the second flange comprising an aperture therethrough which is aligned with the aperture of the first flange, wherein the outer shell is disposed between the first flange and the second flange (refer to the annotated figure below);
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a recess cover (the telescopic pipe 404 and knob 407 together, figs. 9-10) comprising a cylindrical form (refer to fig. 8) with an open first end (refer to fig. 7), and a closed second end (at the location of handle 409), wherein the recess cover is adapted for containing a liquid therein (refer to fig. 7 wherein telescope pipe 404 is connected to the bag 301 via channel part 403, col. 5 ll. 43-46); and the recess cover further comprises attachment features on an external aspect (guides 412), wherein the attachment features of the recess cover are configured to interconnect with the attachment features of the recess (col. 6 ll. 3-5). However, Nielson remains silent to the top aspect of the outer shell comprises a zipper configured to interconnect a top aspect of the first side to a top aspect of the second side, thereby closing the open top aspect; at least one handle interconnected proximal to the top aspect of the outer shell; the bottom of the recess further comprises a plurality of slits extending radially outward from the aperture, wherein the plurality of slits define tabs, wherein the tabs which are adapted for flexibly deflecting inward and outward. Broadbent teaches the top aspect of the outer shell comprises a zipper (zipper 44) configured to interconnect a top aspect of the first side to a top aspect of the second side, thereby closing the open top aspect (col. 4 ll. 22-27); at least one handle interconnected proximal to the top aspect of the outer shell (shoulder strap 52); the bottom of the recess further comprises a plurality of slits (radial slits 66) extending radially outward from the aperture, wherein the plurality of slits define tabs (refer to fig. 12), wherein the tabs which are adapted for flexibly deflecting inward and outward (col. 5 ll. 28-35).
It would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the outer shell to have a zipper closure mechanism and handle. In doing so, the device can advantageously be non-destructively opened and closed and providing a convenient means for carrying. Furthermore, it would have been prima facie obvious to one having ordinary skill in the art before the filing date of the claimed invention to modify the first flange to have slits. In doing so, one can ease the insertion of the spout (col. 5 ll. 28-35).
Claims 3, 15, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Nielson et al. (US 8225958 B2) and Broadbent et al. (US 8430284 B2), as applied in claim 1, further in view of Cohn (US 7832576 B2).
Regarding claim 3, in addition to the limitations of claim 2, the already modified device remains silent to the flexible sheet material is formed into a wedge form having a closed form, wherein the bottom aspect of the outer shell is flat, and the outer shell tapers toward the top aspect of the outer shell. However, Cohn teaches the flexible sheet material is formed into a wedge form having a closed form, wherein the bottom aspect of the outer shell is flat, and the outer shell tapers toward the top aspect of the outer shell (refer to fig. 9). It would have been prima facie obvious to modify the device to be of a wedge shape. By doing so, the device can include a relatively flat and self-standing area for mounting the recess (fig. 9 and col. 4 ll. 59-63).
Regarding claim 15, in addition to the limitations of claim 1, the already modified device teaches the recess cover and outer shell but remains silent to a first magnetic element on a bottom aspect of the recess cover; and the outer shell further comprises a magnetic element, wherein the recess cover is adapted to connect with the outer shell when the magnetic element of the recess cover is placed in a location corresponding to the magnetic element of the outer shell. Cohn teaches a first magnetic element on a bottom aspect of the recess cover (mount or disk 100); and the outer shell further comprises a magnetic element (necessary for a magnetic connection with the recess cover), wherein the recess cover is adapted to connect with the outer shell when the magnetic element of the recess cover is placed in a location corresponding to the magnetic element of the outer shell (col. 6 ll. 54-63). It would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the recess cap and outer shell to connect via magnetic elements. In doing so, one having ordinary skill in the art could create a secure connection without the need for other fastening members such as threads, further simplifying design and manufacturing.
Regarding claim 16, in addition to the limitations of claim 15, the already modified device teaches wherein at least one of the magnetic element of the recess cover and the magnetic element of the outer shell comprises a magnetic material adapted to be interconnected with a magnet (refer to the rejection of claim 15, and Cohn col. 6 ll. 54-63).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Nielson et al. (US 8225958 B2) and Broadbent et al. (US 8430284 B2), as applied in claim 1, further in view of Borchardt (US 20080190512 A1).
Regarding claim 12, in addition to the limitations of claim 11, the already modified device teaches the sidewalls, however, remains silent to the sidewalls comprise a bellowed structure. Borchardt teaches the sidewalls (annular pleats 354) comprise a bellowed structured (tubular bellows 334). It would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the sidewalls to be of a bellowed structure. In doing so, the sidewalls can be compressed further reducing space (refer to Borchardt: fig. 8).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Scobey et al. (US 20120024896 A1) for the inclusion of the first and second flange and outer shell.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER STEVEN PARISI whose telephone number is (571)270-5490. The examiner can normally be reached Mon - Fri 8:00 - 5:00 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Angwin can be reached at (571) 270-3735. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER S. PARISI/Examiner, Art Unit 3754
/DAVID P ANGWIN/Supervisory Patent Examiner, Art Unit 3754