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 § 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.
Claims 1-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pierson (US PN 5,520,305).
Regarding claims 1 and 6, Pierson discloses a cap guard (item 10, figure 1) for a bottle (item 40, figure 1) having a pump mechanism (aerosol dispensing mechanism inherent with container 40, figure 1), including:
an annular collar (item 12, figure 2) comprising:
a collar sidewall (item 16, figure 1);
a connecting rim (item 24, figure 5) extending from an upper portion of the collar sidewall;
an open top (item 39, figure 5);
wherein the collar sidewall further comprises a collar internal snap bead (item 22, figure 5) extending around a portion of an interior (item 20, figure 5) of the collar sidewall adjacent a lower edge of the collar sidewall; and
wherein the connecting rim further comprises an external snap bead (item 34, figure 5) extending partially around an exterior surface of the connecting rim, the connecting rim external snap bead comprising at least one break (item 37, figure 2) therein and the break having a distance D; and
an annular over cap (item 14, figure 1) comprising:
an over cap sidewall (sidewall, figure 1) and a closed top surface (item 58, figure 1);
an alignment snap bead (item 54, figure 4) extending around a first portion of an internal surface of the over cap sidewall, the alignment snap bead having a length L1 equal to or less than the distance D of the break (projection 54 is made such that it has length that is equal or less than the recess 37, see figures 1-4, column 6, lines 1-15); and
one or more securing snap beads (items 50, 52, figure 4) extending around a second portion of the internal surface of the over cap sidewall (figures 3-4) separate from the alignment snap bead, each securing snap bead having a length L2 greater than the distance D of the break (each bead 50 and 52 has a length greater than the length of the recess 37, see figures 1-4, column 6, lines 1-15).
Regarding claims 2 and 7, Pierson discloses a collar positioning indicator (item 38, figure 1) on an external surface of the collar sidewall, wherein the collar positioning indicator is aligned with the break (figure 2); and an over cap positioning indicator (item 56, figure 1) on an external surface of the over cap sidewall, wherein the over cap positioning indicator is aligned with the alignment snap bead (figures 2-4).
Regarding claims 3 and 8, Pierson discloses at least first and second securing snap beads (items 50 and 52, figure 4).
Regarding claims 4 and 9, Pierson discloses that an inner diameter and an outer diameter of the collar sidewall are larger than an inner diameter and an outer diameter, respectively, of the connecting rim (the inner diameter of the internal wall 20 and outer diameter of the sidewall 18 are larger than the diameter of the rim defined by groove 28, see figure 5)
Regarding claims 5 and 10, Pierson discloses that an outer diameter of the collar sidewall is approximately equal to an outer diameter of the over cap (see figure 1).
Claim Rejections - 35 USC § 102 / 35 USC 103
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.
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.
Claims 11-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pierson or rejected under 35 U.S.C. 103 as being unpatentable over Pierson.
Regarding claims 11-13, Pierson teaches a bottle, a dispensing mechanism, a cap guard comprising a collar and an overcap and all the necessary structure as discussed in claims 1 and 6 above. Here, the prior art teaches all of the structural limitations of the claimed invention and is therefore capable of inherently performing the method set forth in these claims. Under the principles of inherency, if a prior art device, in its normal and usual operation, would necessarily perform the method claimed, then the method claimed will be considered to be anticipated by the prior art device. See MPEP § 2112.02.
Furthermore, under the principles of combination, if a prior art is capable of performing the claimed process or method, in its normal and usual operation, would necessarily describes a device capable of performing the different steps of the method or process, then the device claimed will be considered to be obvious by the prior art process or method. When the prior art process or method is the same as a process or method described in the specification for describing the claimed device, it can be assumed the process or method will obviously describe the claimed device capable of performing the different steps of the process or method. See MPEP 2112.02
Therefore, claims 11-13 remain rejected as being anticipated or being obvious over Pierson.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following prior arts disclose subject matter related to dispenser cap guards that attach to dispensing bottles and comprise an overcap and a collar in a mechanical engagement with each other: US PN 3,450,290, US PN 4,279,353, US PN 4,779,747, US PN 5,040,694, US PN 5,316,162, US PN 5,727,704, US PG PUB 2011/01747599, and US PN 11,873,147.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VISHAL J PANCHOLI whose telephone number is (571)272-9324. The examiner can normally be reached Monday - Thursday (9 am - 7 pm).
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/Vishal Pancholi/Primary Examiner, Art Unit 3754