DETAILED ACTION
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 Arguments
Applicant's arguments filed 1/14/2026 in response to Office Action 10/20/2025 have been fully considered but they are not persuasive for at least the following reasons:
Regarding claim 1, Applicant argues that primary prior art Naumann combined with secondary prior art Benoit-Gonin does not create the claimed “click” sound at the right time (page 7, para B). Applicant argues that Benoit-Gonin’s click happens at fully open (finished lid motion) rather than “sliding out of” the heel (during lid motion), pointing to [0142-0143]. Examiner disagrees, pointing out that 170 degrees in [0142] means during. That is because panel 188 is flexing and 170 degrees is less than fully open in [0143] Fig 32, at which time then the panel 188 that made (past tense) the sound is disclosed as finished flexing ([0143] “has been deformed and changes from a generally convex to a generally concave configuration”). In other words, it cannot make a sound only at the end of motion and must make the sound during flexing before it has been changed, because the end open state is not flexed.
Applicant argues that the amendment of new matter overcomes the prior art (page 6, bullet 1). Examiner disagrees, pointing out it is new matter, below. If it is determined not to be by an arbiter at a later date, examiner points out the amendment merely describes what “elastic” properties do.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claim 1 is rejected under 35 U.S.C. 112(a) as failing to comply with the new matter requirement. The claim contains subject matter which was not described in the specification. The new matter “being further configured to store elastic energy during a first part of the pivot of the lid and to release said elastic energy to propel the lid toward the open folded position during a second part of the pivot” must be canceled. The terms “energy” and “propel” specifically during a “first part” and “second part of the pivot” respectively were not disclosed so is new matter.
Claims 2-16 are also rejected for depending upon the rejected parent claim.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 is incorrect, any correction of the statutory basis 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 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 1-16 are rejected under 35 U.S.C. 103 as being unpatentable over US Pub 20220073238 by Naumann et al. (hereinafter “Naumann”) in view of BR 112015019154 Benoit-Gonin et al. (hereinafter “Benoit-Gonin”; from the 1/7/2025 PTO-892).
Regarding claim 1, Naumann teaches a closing cap for pouring holes for containers holding liquids, attachable to the neck of a container having a hooking collar (Fig 16, TE bead 28 is a collar hooking 16), for closing a pouring hole in the neck (Figs 15-17, cap 10 attaches to and closes a container neck pouring hole), said cap comprising:
a lower ring (Fig 15, TE band 16) in turn comprising:
a first sector (see examiner annotated Naumann Figures 15 and 17B, hereinafter “EAFN1517B”; EAFN1517B, first sector, defines an area of 16 that is not the encircled areas or second sector) intended to be retained axially in the neck's hooking collar, and a second sector; articulated with respect to the first sector (EAFN1517B, second sector, area is shown articulated with respect to the first sector, Fig 16) via two thinned areas (EAFN1517B, thinned areas of 16 defined in Fig 17B are within Figure 15’s two circles shown);
a top lid (Fig 15, cap body 14 lids the neck), in turn comprising: a flat upper wall (Fig 16 shows an upper wall of 14 is flat), and an outer peripheral skirt (Fig 15, cap skirt defined by 62 and surface 60), being the lid suitable to be arranged in a closing position wherein the upper wall closes the neck hole and the peripheral skirt surrounds said neck (Fig 15 the closed configuration is the shown bridges 64 are unbroken), and an open folded position (Figs 16-17, open folded position with lid withdrawn is shown);
a hinging element comprising two elastic sheets (Fig 15, [0208], 136 and 138 are shaped as sheets and “resiliently bias” (i.e. elastic) that hinge about “pivotal axis 132a”) connecting the peripheral skirt with the second sector (shown connecting), the two elastic sheets being configured to allow a pivot of the lid between a released position (Fig 15, allow pivot shown) and the open folded position wherein the lid is withdrawn from the hole (Figs 16-17, open folded position lid withdrawn shown), the two elastic sheets being further configured to store elastic energy during a first part of the pivot of the lid and to release said elastic energy to propel the lid toward the open folded position during a second part of the pivot (this is what “elastic” means); and
a locking device configured to lock the lid in the folded open position (a device comprising the following locks the lid open fully), comprising:
a flexible tab (Fig 17B, a tab defined by end 122, [0206] is thinner so necessarily flexible/capable of flexing), arranged between the two elastic sheets (136 and 138); and
a heel protruding radially outwards, from the peripheral skirt of the lid (Figs 15-16, tab 96a is a heel) the heel being configured to engage the flexible tab in the open folded position to retain the lid in said position (Figs 17A-C, 0136], show engage in “different open positions of the open configuration”; meaning each Figure is a different held-open position, and is also interpreted as one sequentially done action); and
a notch defined in the second sector (EAFN1517B, notch, in second sector), located between the two elastic sheets (EAFN1517B, notch, is between 136 and 138, Fig 15), and configured to accommodate the heel when the lid is pivoted to an intermediate position at approximately 90 degrees relative to the ring (Fig 17A, [0136], the lid is shown pivoted to an intermediate position that positions the lid approximately 90 degrees relative to the ring), wherein
sliding of the heel out of the notch during transition of the lid from the intermediate position to the open folded position (Fig 17A) to the open folded position (Fig 17C, [0212], “fully open position”, the heel 96a is shown slid out of the notch (e.g. white space gap is shown between 96a and the notch corner), EAFN1517B), and wherein
the geometry of the lid, the two elastic sheets, and the locking device are configured to guide the lid through a defined angular trajectory (at least the cited elements above (including lid, sheets, locking device) comprise a geometry portion of the entire closing cap that is shown to guide the lid through an angular trajectory (from fully closed through Fig 17A-17C) – of opening the lid. Said another way, since the lid opens along an angular trajectory, at least any claimed elements comprising the geometry claimed necessarily exist).
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But this embodiment of Naumann does not explicitly teach making a sound in a particular engaged arrangement between the notch and heel.
Benoit-Gonin, however, teaches a notch and a heel
generates an audible click indicating the maximum opening has been reached (Figures 18, 28-31, [0141] a lid heel panel 188 rolls over a ring base 112 tab edge support 186, [0143] on the way to "fully open" position, [0142] "with a clicking sound", wherein “approximately 170 degrees” is reasonably interpreted to include 180 degrees, Fig 32, “fully open”; therefore the sound indicates maximum (fully) open has been reached whether at 170 or 180 degrees open).
The purpose of generating a sound is to warn a user. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the heel/notch engagement of Naumann to make a sound in passing to maximum open as taught by Benoit-Gonin in order to advantageously produce an audible click that allows the user to be warned that the cap is opened for a user who looks away or cannot see, thus beneficially diversifying the type of users who can use the device effectively, and preventing over-tensioning damage of the tether during opening.
Examiner notes that the resultant combination meets the claimed invention via the heel of Naumann rolling over the tab of Naumann to create a click sound as taught by Benoit-Gonin’s heel rolling over tab created click sound. Thereby achieving the claimed function of a clicking sound from the heel of Naumann sliding out of the notch of Naumann and engaging the tab of Naumann at maximum open as taught by Benoit-Gonin (also both prior arts reach maximum open while engaging their tabs). Examiner notes that the Applicant does not disclose that the notch must cause the sound, only that a sound is made – somewhere – in the “transition from the intermediate position to the open folded position” [Figs 7-8], as claimed and specified
Further explained, Applicant’s specification states that “the heel (15) slides out of said notch (16) to remain engaged in the tab, also generating an audible “click” warning”. In other words the heel slides out, engages the tab in fully open position, and somewhere contact is made along the way – at some location on a notch or tab portion – that generates the sound. Therefore the prior art combination matches the meaning of the claim in light of Applicant’s specification by having the heel engage/contact the notch and tab while traveling to the fully folded open lid position, and the heel produces a sound along the way.
Regarding claim 2, Naumann further teaches the first sector and the second sector are separated from each other by the two thinned areas in which the ring presents locally a decrease in radial thickness (EAFN1517B, thinned areas defined in Fig 17B are within Figure 15’s two circles shown, wherein the two circled thin areas present a local decrease in radial thickness and delimit the first and second sectors).
Regarding claims 3 and 7 (similar limitation, different dependency), Naumann further teaches the heel and the notch are located in a central area of the second sector (Fig 15, 96a and the notch are shown centrally located in the second sector).
Regarding claims 4 and 8-9 (similar limitation, different dependency), Naumann further teaches the hinging element is connected to the second sector in a central area of the second sector (Fig 15, 136 and 138 are shown centrally located in the second sector).
Regarding claims 5 and 10-12 (similar limitation, different dependency), Naumann further teaches the lower ring is connected to the peripheral skirt by frangible bridges (Fig 15, 64).
Regarding claims 6 and 13-16 (similar limitation, different dependency), Naumann further teaches the cap is molded in a single piece ([0025] whole closure device cap 10 is injection molded).
Conclusion
THIS ACTION IS MADE FINAL. 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 ERIC C BALDRIGHI whose telephone number is (571)272-4948. The examiner can normally be reached M-F 7:30-5:00 EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Jenness can be reached on 5712705055. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERIC C BALDRIGHI/Examiner, Art Unit 3733
/STEPHEN J CASTELLANO/Primary Examiner, Art Unit 3733