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 .
Response to Amendment
The amendment filed 10/13/2025 (hereafter “the amendment”) has been accepted and entered.
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 (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 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) 1,4-5,9-13 and 15-16is/are rejected under 35 U.S.C. 103 as being unpatentable over Teglbjarg (US6123065A) and further in view of Gene (US3219221A).
Regarding claim 1, Teglbjarg teaches an infant feeding bottle comprising (fig.2 shows the infant feeding bottle):
a formula reservoir, capable of holding formula for consumption by an infant (see annotated fig.2 of Teglbjarg below shows the formula reservoir that is capable of containing the formula for consumption by an infant);
a teat, through which the formula from the formula reservoir may be consumed (see annotated fig.2 of Teglbjarg below shows the teat that is capable of dispensing the formula from the reservoir to be consumed); and
an exothermic self-heating element, comprising two or more reactants, the exothermic self-heating element configured to heat the formula reservoir upon activation thereof by an exothermic reaction of the two or more reactants (see annotated fig.2 of Teglbjarg below show the exothermic self-heating element which comprises two substances water and calcium chloride that is capable of heating the milk powder in the reservoir; it is noted that applicant does not positively claim the heating of the formula in the reservoir the prior art just has to be capable of that),
wherein the exothermic self-heating element further comprises one or more mixing elements, configured to assist in mixing the two or more reactants (see annotated fig.2 of Teglbjarg below for the mixing element 16 that is capable to assist the mixing element to form an exothermic reaction to create heat e.g. water and calcium chloride; it is noted that “assist in mixing elements of an exothermic reaction of the exothermic self-heating element to improve permeation of elements” is not positively claimed and the prior art just has to be capable of doing such action). Teglbjarg does not teach wherein the formula reservoir contains sealed and sterilised formula for consumption by an infant.
Gene teaches wherein the formula reservoir contains sealed and sterilised formula for consumption by an infant (fig.2 shows the container 10 formula reservoir that can contain sealed and sterilized formula 14 for the consumption by an infant). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the formula reservoir disclosed by Teglbjarg by adding the teaching of storing sterile formula as disclosed by Gene in order to take advantage of the bottle that can be ready for use without any time-consuming careful preparation of the bottle to make ready for use. “In view of the shortage of nurses in hospitals, and the high cost of trained help, which are necessary to prepare and bottle formula for infants under the stringent sanitary conditions required, for newborn babies, attempts have been made to devise a container, nipple and cap assembly which could contain ready-to-use formula in a sterile condition, so that the bottle can be ready for use without any time-consuming careful preparation of the bottle to make ready for use. i-or nurses or aides in the hospital to unthread the cap, reverse the nipple and rethread the cap just prior to use for a large number of bottles normally needed at one time, creates sanitary problems, as well as expending too much time per bottle for the large number of infants to be fed at one time in hospitals.” (Col.1 lines 57-72; Gene)
Annotated fig.2 of Teglbjarg
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Regarding claim 4, the references as applied to claim 1 above discloses all the limitations substantially claimed. Teglbjarg as modified in claim 1 further teaches wherein the two or more reactants are separated by a seal (the two substances water and calcium are kept separate and sealed via walls of heating elements as shown in fig.2 of Teglbjarg above and mixed when penetrating device 16 raptures it).
Regarding claim 5, the references as applied to claim 4 above discloses all the limitations substantially claimed. Teglbjarg as modified in claim 4 further teaches wherein the seal is configured to be broken to activate the self-heating element (“The heating unit consists of two spaces 14 and 15 separated from each other by a diaphragm. In the two spaces 14 and 15 are two substances, e.g. water and calcium chloride. Said diaphragm is penetrated by a special penetrating device 16 and the two substances are then mixed in the heating unit 13 by shaking the bottle to that heat is generated.” Col.2 lines 29-38).
Regarding claim 9, the references as applied to claim 1 above discloses all the limitations substantially claimed. Teglbjarg as modified in claim 1 further teaches wherein the one or more mixing elements comprise one or more active mixing elements (fig.2 above shows the penetrating device 16 is actively used to mix the two substances together to generate heat).
Regarding claim 10, the references as applied to claim 9 above discloses all the limitations substantially claimed. Teglbjarg as modified in claim 9 further teaches wherein the one or more active mixing element comprises a mixer, configured to rotate upon interaction with a user (fig.3 shows the penetrating device 16 that is capable of being rotated with the user interaction as it is equipped with threads 18).
Regarding claim 11, the references as applied to claim 9 above discloses all the limitations substantially claimed. Teglbjarg as modified in claim 9 further teaches wherein the one or more active mixing element is further configured to pierce a seal between a first reactant and a second reactant of the two or more reactants of the self-heating element to initiate the exothermic reaction (annotated fig.2 above shows the device 16 that is capable of piercing a seal between the two or more components of the heating element to initiate the reaction as it is used to mix water and calcium chloride; “The heating unit consists of two spaces 14 and 15 separated from each other by a diaphragm. In the two spaces 14 and 15 are two substances, e.g. water and calcium chloride. Said diaphragm is penetrated by a special penetrating device 16 and the two substances are then mixed in the heating unit 13 by shaking the bottle to that heat is generated.” Col.2 lines 29-38; it is noted that the claim does not positively claim the seal and the two or more components due to “configured to: language).
Regarding claim 12, the references as applied to claim 1 above discloses all the limitations substantially claimed. Teglbjarg as modified in claim 1 further teaches wherein the self-heating element is removable from the bottle (fig.3 shows the threads 18 that are used to remove the self-heating element 13).
Regarding claim 13, the references as applied to claim 1 above discloses all the limitations substantially claimed. Teglbjarg as modified in claim 1 further teaches wherein a wall of the self-heating element form inner walls of the reservoir(see annotated fig.2 of Teglbjarg above for the wall of the heating element forming inner wall of the reservoir).
Regarding claim 15, the references as applied to claim 1 above discloses all the limitations substantially claimed. Teglbjarg as modified in claim 1 further teaches wherein the bottle comprises a base, from which a sidewall upwardly extends (annotated fig.2 of Teglbjarg above shows the bottle having base and a sidewall that extends upwardly).
Regarding claim 16, the references as applied to claim 1 above discloses all the limitations substantially claimed. Teglbjarg as modified in claim 1 further teaches wherein the bottle is circular in cross section (fig.1 and 2 show the bottle is circular)
Claim(s) 1 and 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Teglbjarg (US6123065A), Gene (US3219221A) and further in view of Grau (US4850966A)
Regarding claim 1, Teglbjarg teaches an infant feeding bottle comprising (fig.2 shows the infant feeding bottle):
a formula reservoir, capable of holding formula for consumption by an infant (see annotated fig.2 of Teglbjarg below shows the formula reservoir that is capable of containing the formula for consumption by an infant);
a teat, through which the formula from the formula reservoir may be consumed (see annotated fig.2 of Teglbjarg below shows the teat that is capable of dispensing the formula from the reservoir to be consumed); and
an exothermic self-heating element, comprising two or more reactants, the exothermic self-heating element configured to heat the formula reservoir upon activation thereof by an exothermic reaction of the two or more reactants (see annotated fig.2 of Teglbjarg below show the exothermic self-heating element which comprises two substances water and calcium chloride that is capable of heating the milk powder in the reservoir; it is noted that applicant does not positively claim the heating of the formula in the reservoir the prior art just has to be capable of that),
Teglbjarg does not teach wherein the formula reservoir contains sealed and sterilised formula for consumption by an infant and wherein the exothermic self-heating element further comprises one or more mixing elements, configured to assist in mixing the two or more reactants.
Gene teaches wherein the formula reservoir contains sealed and sterilised formula for consumption by an infant (fig.2 shows the container 10 formula reservoir that can contain sealed and sterilized formula 14 for the consumption by an infant). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the formula reservoir disclosed by Teglbjarg by adding the teaching of storing sterile formula as disclosed by Gene in order to take advantage of the bottle that can be ready for use without any time-consuming careful preparation of the bottle to make ready for use. “In view of the shortage of nurses in hospitals, and the high cost of trained help, which are necessary to prepare and bottle formula for infants under the stringent sanitary conditions required, for newborn babies, attempts have been made to devise a container, nipple and cap assembly which could contain ready-to-use formula in a sterile condition, so that the bottle can be ready for use without any time-consuming careful preparation of the bottle to make ready for use. i-or nurses or aides in the hospital to unthread the cap, reverse the nipple and rethread the cap just prior to use for a large number of bottles normally needed at one time, creates sanitary problems, as well as expending too much time per bottle for the large number of infants to be fed at one time in hospitals.” (Col.1 lines 57-72; Gene)
Teglbjarg as modified right above does not teach wherein the exothermic self-heating element further comprises one or more mixing elements, configured to assist in mixing the two or more reactants.
Grau does teach one or more mixing elements, configured to assist in mixing the two or more reactants (fig.1 shows the glass bead 4 that is used to mix the elements stored in the container). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the exothermic self-heating element disclosed by Teglbjarg by adding the teaching of the glass bead mixing element as disclosed by Grau in order to homogenize the mixing elements being stored in the container.
Annotated fig.2 of Teglbjarg
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Regarding claim 7, the references as applied to claim 1 above discloses all the limitations substantially claimed. Teglbjarg as modified in claim 1 further teaches wherein the one or more mixing elements comprise passive mixing elements (fig.1 shows the mixing elements is a passive mixing element as it is a glass bead as highlighted by applicant’s specification).
Regarding claim 8, the references as applied to claim 1 above discloses all the limitations substantially claimed. Teglbjarg as modified in claim 1 further teaches wherein the passive mixing elements comprise one or more of granular material and a matrix to improve permeation of elements of the exothermic reaction with each other (Teglbjarg as modified teaching the passive elements being a granular material and fig.2 shows the device 16 to improve permeation of the elements)
Claim(s) 1-2,6-8,14 and 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Romeu (US20050145242A1) and further in view of Gene (US3219221A).
Regarding claim 1, Romeu teaches an infant feeding bottle comprising (fig.5 shows the infant feeding bottle):
a formula reservoir, (see annotated fig.5 of Romeu below shows the formula reservoir)
a teat, through which the formula from the formula reservoir may be consumed (see annotated fig.3 of Romeu below shows the teat that is capable of dispensing the formula from the reservoir to be consumed when put in position as shown in fig.6 and 7); and
an exothermic self-heating element, comprising two or more reactants, the exothermic self-heating element configured to heat the formula in the formula reservoir upon activation thereof by an exothermic reaction of the two or more reactants (see annotated fig.5 of Romeu below show the exothermic self-heating element made up of the two elements the arrows point to in combination that is capable of heating the formula in the reservoir and the two elements container calcium oxide and water; it is noted that applicant does not positively claim the heating of the formula in the reservoir the prior art just has to be capable of that),
wherein the exothermic self-heating element further comprises one or more mixing elements, configured to assist in mixing the two or more reactants (see annotated fig.5 of Romeu below for the mixing element 18 that is capable to assist the mixing element contained in first compartment 5, a calcium oxide (CaO) and as the second substance, contained in second compartment 6, water (H.sub.2O), which react exothermically producing a sufficient amount of energy to heat the food product in receptacle 1; it is noted that “assist in mixing elements of an exothermic reaction of the exothermic self-heating element to improve permeation of elements” is not positively claimed and the prior art just has to be capable of doing such action). Romeu does not teach wherein the formula reservoir contains sealed and sterilised formula for consumption by an infant.
Gene teaches wherein the formula reservoir contains sealed and sterilised formula for consumption by an infant (fig.2 shows the container 10 formula reservoir that can contain sealed and sterilized formula 14 for the consumption by an infant). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the formula reservoir disclosed by Romeu by adding the teaching of storing sterile formula as disclosed by Gene in order to take advantage of the bottle that can be ready for use without any time-consuming careful preparation of the bottle to make ready for use. “In view of the shortage of nurses in hospitals, and the high cost of trained help, which are necessary to prepare and bottle formula for infants under the stringent sanitary conditions required, for newborn babies, attempts have been made to devise a container, nipple and cap assembly which could contain ready-to-use formula in a sterile condition, so that the bottle can be ready for use without any time-consuming careful preparation of the bottle to make ready for use. i-or nurses or aides in the hospital to unthread the cap, reverse the nipple and rethread the cap just prior to use for a large number of bottles normally needed at one time, creates sanitary problems, as well as expending too much time per bottle for the large number of infants to be fed at one time in hospitals.” (Col.1 lines 57-72; Gene)
Annotated fig.5 of Romeu
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Regarding claim 2, the references as applied to claim 1 above discloses all the limitations substantially claimed. Romeu as modified in claim 1 further teaches a single-use bottle (annotated fig.5 of Romeu above teaching a single use bottle; “Therefore, the package as a whole constitutes a single-use, that is, disposable feeding bottle.”-0035, Romeu).
Regarding claim 6, the references as applied to claim 1 above discloses all the limitations substantially claimed. Romeu as modified in claim 1 further teaches wherein two or more reactants includes calcium oxide and water, configured to react with each other to generate heat (“For the heating function, the preferred procedure, from the point of view of both economics and efficiency, involves providing as a first substance, contained in first compartment 5, a calcium oxide (CaO) and as the second substance, contained in second compartment 6, water (H.sub.2O), which react exothermically producing a sufficient amount of energy to heat the food product in receptacle 1.” -0041, Romeu).
Regarding claim 7, the references as applied to claim 1 above discloses all the limitations substantially claimed. Romeu as modified in claim 1 further teaches wherein the one or more mixing elements comprise passive mixing elements (fig.5 shows the element 18 that has outer surface and the top 47 that are passive mixing elements that are used to mix the two reactants).
Regarding claim 9, the references as applied to claim 1 above discloses all the limitations substantially claimed. Romeu as modified in claim 1 further teaches wherein one or more mixing elements comprise one or more active mixing elements (annotated fig.5 of Romeu above shows the mixing element 18 is an active mixing element; according to applicants’ specification active element is a mixer capable of being manipulated by the user).
Regarding claim 14, the references as applied to claim 1 above discloses all the limitations substantially claimed. Romeu as modified in claim 1 further teaches wherein the self-heating element includes a central heating portion, extending into the reservoir, to heat the formula therein from an inside of the reservoir (see annotated fig.5 of Romeu above where the self-heating element includes a central heating portion that extends into the reservoir to heat the formula from an inside of the reservoir; it is noted that central heating portion does not appear in the drawings).
Regarding claim 17, the references as applied to claim 1 above discloses all the limitations substantially claimed. Teglbjarg further teaches including a removable cap configured to cover the teat (annotated fig.5 of Romeu shows the cap that covers the teat which according ro specification is connected to the receptacle 1 via releasable connection-0034 since the specification says the fig.5 is exactly the same as fi.3 those elements would work the same).
Regarding claim 18, the references as applied to claim 1 above discloses all the limitations substantially claimed. Romeu as modified in claim 1 further teaches including a thermal indicator, indicating when the bottle is at a desired temperature (annotated fig.5 of Romeu above includes device 35 that changes the color tone when temperature changes; “This thermometric device 35 shows the changes in temperature by altering its colour tone so as to provide a simple indication of the temperature of the food product contained in receptacle 1.”-0039, Romeu).
Regarding claim 19, the references as applied to claim 18 above discloses all the limitations substantially claimed. Romeu as modified in claim 18 further teaches wherein the thermal indicator comprises color changing indicia (“This thermometric device 35 shows the changes in temperature by altering its colour tone so as to provide a simple indication of the temperature of the food product contained in receptacle 1.”-0036, Romeu).
Regarding claim 20, the references as applied to claim 1 above discloses all the limitations substantially claimed. Romeu further teaches wherein the exothermic self-heating element is non-toxic (fig.5 above of Romeu shows the self-heating element that contains water and calcium oxide which are the same material as applicant so they are considered non-toxic).
Response to Arguments
Applicant's arguments filed 10/13/2025 have been fully considered but they are not persuasive. Applicant fixed 112 issues and the rejection under 112 has been withdrawn. Applicant’s amendment to claim 1 added no new structure to that claims that would get over the two-rejection given in the non-final. Applicant’s claims as written are too board, as highlighted by two rejections, when given BRI. Another rejection regarding claims 1,7-8 have been given to highlight the broadness of the claims. Applicant’s arguments against Teglbjarg regarding claim 9 this is not persuasive as claim 9 merely requires mixing elements to be an active element and offers no other structure and the device 16 is capable of performing that and even shaking the bottle the elements would still hit the device 16 which in turn would help with the mixing of elements. The updated rejection above teaches the amendment applicant filed. Applicant also argues Romeu that one skilled in the art would combine Romeu with Gene, this is not found persuasive Gene offers clear motivation on combining the two. Applicant argues similar statements with respect to claim 9 and 1 that element 18 would be mix the substances and one again device 18 is capable of performing that and even shaking the bottle the elements would still hit the device 16 which in turn would help with the mixing of elements. Applicant also argues claim 7, which is addressed above with updated rejection.
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 PRINCE PAL whose telephone number is (571)272-7525. The examiner can normally be reached M-Th, 9:30 AM - 7:30 PM (EST).
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/PRINCE PAL/Examiner, Art Unit 3735
/STEVEN A. REYNOLDS/Primary Examiner, Art Unit 3735