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 .
Election/Restrictions
Applicant’s election without traverse of Group I and Species 1B in the reply filed on 07/10/2026 is acknowledged.
Claim 13 has been amended so as to recite an apparatus comprising “the cover as in claim 1”. Therefore, the apparatus constitutes a combination that requires all the particulars of the subcomination (the cover of claim 1), and the previous restriction between Group I and Group II has been withdrawn.
As was discussed in the Restriction Requirement, Species 1A is directed to wherein the peripheral wall extends upwardly, apparently directed to claims 9-10, and Species 1B is directed to wherein the peripheral wall extends downwardly, apparently directed to claim 11 (see p. 4 of the Restriction Requirement). Specifically, the species including the upwardly extending peripheral wall is the same species that includes projections that extend downwardly. The species including the downwardly extending peripheral wall does not also include downwardly extending projections. This is supported by Applicant’s specification which includes two distinct figures showing the two distinct species: Fig. 3B showing the upwardly extending peripheral wall (30) and downwardly extending projections (60) (Species 1A); and Fig. 3D showing the downwardly extending peripheral wall (30) but no downwardly extending projections (Species 1B). Further, the specification states that the downwardly extending projections are provided to align the cover to the dish in the event that no downwardly extending peripheral is provided, and that if the downwardly extending peripheral wall is provided, then the downwardly extending projections are omitted (see para. 46-47 of the specification as-filed). Therefore, claims that recite the downwardly extending projections belong to Species 1A, which was nonelected without traverse. Such claims are 10 and 16, as noted in the Restriction Requirement, and new claims 21-23. As these claims are directed to the nonelected species, they have been withdrawn from consideration.
Claims 9-10, 16, and 19-23 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species (claims 10, 16, and 21-23)/invention (claims 19-20), there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 07/10/2026.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 6 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 6 recites “opposing sloped surfaces of the inner portion of the base” and thus states a plurality of sloped surfaces. However, claim 5, from which claim 6 depends, recites “wherein the inner portion of the base has one or more sloped surfaces” and thus encompasses a single sloped surface. Therefore, it is unclear if the claimed subject matter of claim 6 requires a plurality of sloped surfaces and excludes a single sloped surface.
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 1-6, 8, 11 and 13-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yamauchi et al. (JP WO 2013176106 A1) (machine translation).
Regarding claim 1, Yamauchi et al. discloses a cover (30) (para. 36, 63) having a central axis and a circumference (para. 38-42), the cover being configured to overlie an interior space defined by a container (20) (para. 36) (Fig. 8), the cover comprising:
a base (31) (para. 38) having a center point that is intersected by the central axis of the cover (para. 42) (Fig. 8), wherein the base comprises:
an outer portion (portion of base 31 outside of 31up) extending radially inward from the circumference toward the central axis (Figs. 7-8), wherein the outer portion defines a bottom surface of the cover (Fig. 8); and
an inner portion (31up) (para. 47) positioned radially inward of the outer portion (Figs. 7-8), wherein the inner portion comprises an apex that is upwardly spaced apart from the outer portion along the central axis (para. 42, 47) (Figs. 7-8),
wherein the inner portion of the base has a conical shape that slopes upwardly from the outer portion of the base (para. 47) (Figs. 7-8) (thus fulfilling the limitation of wherein the inner portion of the base is configured to direct condensate radially outwardly from the apex toward the outer portion of the base, as the sloped surface is structurally capable of directing condensate radially outward from the apex toward the outer portion by means of gravity).
Regarding claim 2, Yamauchi et al. discloses wherein the inner portion (31up) of the base extends radially inward from and is circumferentially surrounded by the outer portion of the base (para. 7-8).
Regarding claim 3, Yamauchi et al. discloses wherein the apex of the base is intersected by the central axis of the cover (para. 42, 47) (Figs. 7-8).
Regarding claim 4, Yamauchi et al. discloses wherein the inner portion of the base has a conical shape, as set forth above.
Regarding claim 5, Yamauchi et al. discloses wherein the inner portion of the base one or more sloped surfaces that extend upwardly from the outer portion of the base, as set forth above.
Regarding claim 6, Yamauchi et al. discloses wherein, within respective vertical planes that intersect the apex, opposing sloped surfaces of the inner portion of the base form an obtuse angle (Fig. 8).
Regarding claim 8, Yamauchi et al. discloses a peripheral wall (32) extending from the outer portion of the base and defining the circumference of the cover (para. 38) (Figs. 1, 7).
Regarding claim 11, Yamauchi et al. discloses wherein the peripheral wall (32) extends downwardly from the outer portion of the base (para. 38) (Figs. 1, 7).
Regarding claim 13, Yamauchi et al. discloses an apparatus (para. 36) comprising:
a dish (20) having a peripheral wall (23) that defines a top surface of the dish (para. 37) (Fig. 8); and
a cover (30) (para. 36, 63) having a central axis and a circumference (para. 38-42), the cover being configured to overlie an interior space defined by a container (20) (para. 36) (Fig. 8), the cover comprising:
a base (31) (para. 38) having a center point that is intersected by the central axis of the cover (para. 42) (Fig. 8), wherein the base comprises:
an outer portion (portion of base 31 outside of 31up) extending radially inward from the circumference toward the central axis (Figs. 7-8), wherein the outer portion defines a bottom surface of the cover (Fig. 8); and
an inner portion (31up) (para. 47) positioned radially inward of the outer portion (Figs. 7-8), wherein the inner portion comprises an apex that is upwardly spaced apart from the outer portion along the central axis (para. 42, 47) (Figs. 7-8),
wherein the inner portion of the base has a conical shape that slopes upwardly from the outer portion of the base (para. 47) (Figs. 7-8) (thus fulfilling the limitation of wherein the inner portion of the base is configured to direct condensate radially outwardly from the apex toward the outer portion of the base, as the sloped surface is structurally capable of directing condensate radially outward from the apex toward the outer portion by means of gravity),
wherein the bottom surface of the cover rests on the top surface of the dish (Figs. 7-8).
Regarding claim 14, Yamauchi et al. discloses an insert (2) positioned within the dish (para. 37) (Fig. 8), the insert being configured to receive cellular media (para. 42, 47), wherein the apex of the cover overlies the insert (Fig. 8).
Regarding claim 15, Yamauchi et al. discloses wherein the outer portion of the base of the cover does not overlie the insert (the outer portion of base 31 surrounding inner portion 31up does not overlie the insert 2, see Fig. 8).
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 7 is rejected under 35 U.S.C. 103 as being unpatentable over Yamauchi et al. (JP WO 2013176106 A1) (machine translation).
Regarding claim 7, Yamauchi et al. discloses wherein, within respective vertical planes that intersect the apex, opposing sloped surfaces of the inner portion of the base form an obtuse angle, as set forth above. Specifically, Yamauchi et al. discloses wherein the sloped surfaces allow bubbles to be discharged upwardly through the cover (para. 47) (Fig. 8).
Yamauchi et al. is silent as to a range of the obtuse angle in degrees.
Nonetheless, it has been held that where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation, when the particular parameter is recognized as a result-effective variable (MPEP §2144.05). Yamauchi et al. clearly discloses general conditions for the obtuse angle (Fig. 8) and the skilled artisan would recognize the parameter as a result-effective variable (e.g., steeper angles would yield a higher elevation for the bubbles to travel for discharge), and therefore the skilled artisan would have found it obvious to discover an optimum or workable range for the angle by routine experimentation.
Citation of Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Tarantino (US Patent 5,501,839) is directed to a frustoconical beaker cover.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOLLY KIPOUROS whose telephone number is (571)272-0658. The examiner can normally be reached M-F 8.30-5PM.
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/HOLLY KIPOUROS/Primary Examiner, Art Unit 1799
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