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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “an annular sheet at a lower portion” in claim 6 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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) 1-5 and 7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bielecki (US20040040962A1).
Regarding claim 1, Bielecki a beverage container, comprising (fig.1 shows the beverage container 100):
a container body having an opening at an upper portion; and a cover unit mounted on the opening of the container body (fig.3 shows the container body 110 with an opening 122 at the upper portion and a valved lid assembly 200),
wherein the cover unit comprises (fig,3 valve lid assembly 200):
a cover body detachably mounted on the container body (fig.3 shows the lid body portion 210 that is detachably mounted to container body 110);
a ventilation pipe mounted on an inner side of the cover body and having a ventilation path penetrating from an upper end to a lower end (figs.3-4 show the valve 240 with a member 221mouthed inside of body portion 210 and having a path from upper end of the member 221 to the lower end); and
a pressure regulating valve arranged between the upper end of the ventilation pipe and the cover body and composed of an elastic member covering a ventilation hole on an upper end of the ventilation path (fig.3-4 show the pressure regulating valve that is a combination of element 239,219 and 242 together arranged between the upper end of the member 221 and the lid body portion 210 and comprises a elastic member 242 that covered the hole created on the top end of the ventilation hole of the elements 219 and 239 and fig.6A and 6B show the members 242 being pressed making it elastic; elastic is read as easily stretched or expanded and resuming former shape ), wherein
the cover body is mounted on the container body (fig.6A and 6B show the body portion 210 being mounted on the container body 110), a gap between the ventilation pipe and the opening is sealed (fig.6A and 6B show the gap that is created between the opening of the body 110 and the member 221 is sealed), and the pressure regulating valve is clamped between the cover body and the ventilation pipe through a specified pressing force; and in this way, the ventilation hole is closed by means of the pressure regulating valve (fig.6A and 6B shows the elements 239, 219,242 are clamped between the lid body 210 and the member 221 with a specified pressing force in this way the hole is capable of being closed by means of pressure regulating; it is noted that applicant does not give any instruction into the specified pressing force).
Regarding claim 2, the references as applied to claim 1 above discloses all the limitations substantially claimed. Bielecki further teaches wherein the ventilation pipe is arranged to be mounted on the cover body in a fitting manner and is movable in a vertical direction relative to the cover body (fig.1-6B show the member 221 is arranged to mounted on the body 210 in a fitting manner and is movable in a vertical direction relative to the body 210).
Regarding claim 3, the references as applied to claim 1 above discloses all the limitations substantially claimed. Bielecki further teaches wherein the cover body comprises (fig.3 shows the cover body 210):
a cover part covering the opening (see annotated fig.3 of Bielecki below for the cover part covering the opening of the container body); and
a cover screwing part extending downward in a cylindrical shape from a center of the cover part and mounted on the container body through screwing (see annotated fig.3 of Bielecki below for the cover screwing part that extending downwards in a cylindrical shape from the center of the cover part, it is noted that center is not defined and in this instance center is taken as shown below, and mounted on the container body with the threads 206 hence screwing), wherein
the ventilation pipe is arranged to be mounted on an inner side of the cover screwing part in a fitting manner and is movable in a vertical direction relative to the cover screwing part (fig.6A and 6B show the part 221 is mounted on the inner side of the cover screwing part in a fitting manner and is moveable in a vertical direction); and
the cover screwing part is screwed to the container body, the container body is pressed by the cover screwing part, and the ventilation pipe is clamped between the cover screwing part and the container body (fig.6A and 6B show the screwing part is screwed on to the container body and the container is pressed by the screwing part as they are threads and will have mutual forces acting on it and the member 221 is clamped between the screwing part and the container body).
Annotated fig.3 of Bielecki
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Regarding claim 4, the references as applied to claim 1 above discloses all the limitations substantially claimed. Bielecki further teaches wherein the pressure regulating valve is in a capped cylindrical shape having an opening on a lower end and a top on an upper end, and covers an upper portion of the ventilation pipe (fig.3-4 show the pressure regulating valve that is a combination of element 239,219,242 together show the three elements are in an capped cylindrical shape having an opening at the lower end of 239 and the a top on the upper end of the 242 and covered the upper portion of the member 221).
Regarding claim 5, the references as applied to claim 1 above discloses all the limitations substantially claimed. Bielecki further teaches wherein the ventilation path of the ventilation pipe is provided with a reducing part having an inner diameter reduced from bottom to top (fig.4 the member 221 has a reduced part 227 that has an inner diameter that is reduces as you go up from bottom to the top).
Regarding claim 7, Bielecki a cover unit, being mounted on an opening of a container body having the opening at an upper portion and comprising (fig,3 valve lid assembly 200 that is capable of being mounted on an opening of a container body having the opening at an upper portion):
a cover body detachably mounted on the container body (fig.3 shows the cover body 210 that is capable of being detachably mounted on the container; it is noted that the container body and its limitation are not positively claimed and hold no patentable weight);
a ventilation pipe mounted on an inner side of the cover body and having a ventilation path penetrating from an upper end to a lower end (figs.3-4 show the valve 240 with a member 221mouthed inside of body portion 210 and having a path from upper end of the member 221 to the lower end); and
a pressure regulating valve arranged between the upper end of the ventilation pipe and the cover body and composed of an elastic member covering a ventilation hole on an upper end of the ventilation path (fig.3-4 show the pressure regulating valve that is a combination of element 239 and 219 together arranged between the upper end of the member 221 and the lid body portion 210 and comprises a elastic member 242 that covered the hole created on the top end of the ventilation hole of the elements 219 and 239 and fig.6A and 6B show the members 242 being pressed making it elastic; elastic is read as easily stretched or expanded and resuming former shape), wherein
the cover body is mounted on the container body (fig.6A and 6B show the body portion 210 capable of being mounted on the container body 110), a gap between the ventilation pipe and the opening is sealed (fig.6A and 6B show the gap that is created between the opening of the body 110 and the member 221 is sealed), and the pressure regulating valve is clamped between the cover body and the ventilation pipe through a specified pressing force; and in this way, the ventilation hole is closed by means of the pressure regulating valve (fig.6A and 6B shows the elements 239 and 219 are clamped between the lid body 210 and the member 221 with a specified pressing force in this way the hole is capable of being closed by means of pressure regulating; it is noted that applicant does not give any instruction into the specified pressing force).
Allowable Subject Matter
Claim 6 is 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.
Conclusion
See PTO-892 for the prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/PRINCE PAL/Examiner, Art Unit 3735