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 .
Priority date of 07/14/2021 based on NZ778189 for some claims is acknowledged
Claims 12, and 19 are withdrawn from further consideration. Applicant made the election of Group 3, directed to Group 3, directed to the embodiment in figures 10-13, without traverse, in the response dated 08/27/2025 is acknowledged.
Claim 19 is withdrawn from the examiner, the elected embodiment in figures 10-13 does not have the slit assist member. Note the election was based on disclosed figures and the specification asserts that the assist member is not shown in figures 10-13.
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 following claimed features must be shown, without entering any new matter: a teat with a generally circular shaped ridge in claim 1, the curvatures of the various parts in claims 3, 4, 5, the conical shape in claim 4, the ridge being concave.
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.
Claims 1-11, 13-18, and 20 are 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.
In claim 1, “the slits” has no antecedent basis.
Regarding claim 4, “conical shape” is a shaped of that taper to a single point at the top called an apex. It is unclear what the nipple shape with all the specificities of this embodiment look like.
In claim 3, it is unclear where are the curvatures in claim 3. The recitation “the said generally circular shaped valley or ridge has a first general radius of curvature that is different to, or is in an opposing direction to, a radius of curvature of the parts of the nipple end that surround, or which are surrounded by, the said generally circular shaped valley or ridge.” iss confusing, i.e., there are 6 alternatives by the term “or” and some of these alternatives contradict one another, e.g., said generally circular shaped valley.. has a first general radius of curvature that is different to a radius of curvature of the parts are surrounded by, the said generally circular shaped valley.
Regarding claim 4, note the “conical” shape has a pointed apex and does not have a curvature. Claim 4 contradicts claim 3. Also, it is unclear where is this conical shape. See drawing objections above.
Regarding claim 5, the recitation “a first direction of curvature of ridge is substantially opposite to a second direction of curvature of the central region” is confusing. The ridge is defined as the central region. How can the curvature be opposite of the same object. Please explain.
Regarding claim 6, “ridge being concave” is contradictory since ridge, is defined as a narrow-raised band. Similar with “circular shaped valley .. is convex” and , i.e., valley is defined as a low area between raised areas. Note the specification shows only one embodiment showing the circular shaped valley being concave and the ridge being a convex in figs. 5 and 13. There is nothing the specification show or described a nipple with a circular shaped ridge rendering some of the limitations in the claim contradictory, e.g., in claim 6 “said generally circular shaped valley or ridge is concave if the central region is convex, or the said generally circular shaped valley or ridge is convex if the central region is concave. Note that only valley shape structure would support the central region being convex, while the ridge shape would contradict the shape of the central region being convex. See drawing objection above.
Regarding claims 8 and 10, the limitation “in the crest of the generally circular shaped ridge, that is formed in the nipple end” it is unclear what element is referred by “that”, also it is unclear how this embodiment looks like.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
SET I:
Claims 1-7, 10-11, 13, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yamauchi (3718140).
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said nipple composed of a rubber or similar essentially permanently elastic material
Regarding claim 1, Yamauchi teaches a nipple for feeding infants or newborn animals, the artificial teat having a base end (5a), a nipple end (5c), and a body section (5b) that is situated between the base end and the nipple end; and the artificial teat has a principal axis (center line) that passes through a centre of the base end and a centre of the nipple end; and at least part of the body section and of the nipple end is made of an elastomeric material (cited above); and the base end is configured so that the artificial teat is connectable to a feeding device or system, and an internal flow path is provided in the artificial teat to allow liquid to flow from the feeding device or system and through the body section to the nipple end; and the slits (13)are each situated within a generally circular shaped valley (12b) or ridge that is formed in the nipple end (fig. 3 about 6).
Regarding claim 2, note the circular shaped valley or ridge that is formed in the nipple end is centered about the principal axis of the artificial teat.
Regarding claim 3, note the radius of shaped valley is opposite and different from the .. has a first general radius of curvature that is different to a radius of curvature of the parts of the nipple end that surround, or which are surrounded by, the said generally circular shaped valley (about 5).
Regarding claim 4, note nipple end has a central region (about 6) surrounded by the said generally circular shaped valley.
Regarding claim 5, note a first direction of curvature of the said generally circular shaped valley is substantially opposite to a second direction of curvature of the central region (6).
Regarding claim 6, note the generally circular shaped valley is concave and the central region is convex.
Regarding claim 7, note the said generally circular shaped valley is in the form of a circular recessed channel having a concave curvature, when looking at the outer surface of the nipple end of the artificial teat (fig. 3).
Regarding claim 10, note a plurality of slits that lie generally in the bottom of the generally circular shaped valley in fig. 3.
Regarding claim 11, note the nipple end includes a plurality of slits that lie in a circular star pattern that is centered about the principal axis of the artificial teat.
Regarding claim 13, note the teat has an uneven number of slits in fig. 5.
Regarding claim 20, note the feeding device or system (bottle) incorporating at least one artificial teat.
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 14 is rejected under 35 U.S.C. 103 as being unpatentable over Yamauchi.
Yamauchi meets all claimed limitations except for the five or seven slits. Yamauchi does note teach the five or seven slits. It would have been obvious to one of ordinary skill in the art to provide the five or seven slits to provide the desired flow rate for the flow of formula.
Claims 9, 11, and 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Yamauchi in view of Brown (10149800).
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Regarding claim 9, Yamauchi teaches a valley shaped structure and slits that are going through a valley shape structure including the bottom of the valley, but does not teach a plurality of slits that each lie in a direction that is tangential to a circle that is formed by the base or bottom of the circular shaped valley. Brown teaches various types of slits with slits that each lie in a direction that is tangential to a circle in fig. 1L.
Also, regarding claims 11 and 14, alternatively, Brown teaches nipple end includes a 5 slits that lie in a circular pattern that is centered about the principal axis of the artificial teat in fig. 1L. It would have been obvious to one of ordinary skill in the art to provide the slits with slits that each lie in a direction that is tangential to a circle as taught by Brown to provide the desired flow of formular.
Regarding claims 15-16, regarding the seventy-two degrees, note the pentagonal shape would have 72 degrees or approximately one hundred and eight degrees, to two of the other slits as claimed.
SET II:
Claims 1-8, 10, 17-18, and 20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Campbell (11345523).
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FIGS. 4 and 5, in examples of bite-actuated mouthpieces 10 with a self-sealing exit 42 that includes at least one slit 44,
Mouthpiece 10, or at least body 34 thereof, may be formed from a resilient material, such as silicone, that is suitable for use to contact and deliver potable liquids to a user's mouth. Additionally, or alternatively, with reference to FIGS. 5 and 6, the dispensing face 46 may be described as having an outer region 84 that is proximate to the sidewall(s) 38 and an inner region 86 that is positioned radially inward relative to the outer region 84 (i.e., closer to and encompassing the longitudinal axis 48). In some examples, the outer region is conical (i.e., straight at cross-sections that include the longitudinal axis) and the inner region is bowl-shaped (i.e., arcuate or parabolic at cross-sections that include the longitudinal axis). In some examples, at all cross-sections containing the longitudinal axis, the dispensing face is straight within the outer region and arcuate or parabolic within the inner region. In other examples, the outer region is bowl-shaped (i.e., arcuate or parabolic at cross-sections containing the longitudinal axis) and the inner region is planar, such that the inner region may be described as a flat bottom of the dispensing face 46.
Regarding claim 1, Campbell teaches an artificial teat or nipple for feeding infants or newborn animals, the artificial teat having a base end (22), a nipple end, and a body section (58) that is situated between the base end and the nipple end; and the artificial teat has a principal axis that passes through a center of the base end and a center of the nipple end; and at least part of the body section and of the nipple end is made of an elastomeric material (silicone cited above); and the base end is configured so that the artificial teat is connectable to a feeding device or system (11, figs. 2 and 3, 15), and an internal flow path is provided in the artificial teat to allow liquid to flow from the feeding device or system and through the body section to the nipple end; and the slits (44, fig. 4) are each situated within a generally circular shaped valley (84+86 cited above) or ridge (see circular edge forming the ridge) that is formed in the nipple end.
Regarding claim 2, note the generally circular shaped valley that is formed in the nipple end is centered about the principal axis of the artificial teat.
Regarding claim 3, note circular shaped ridge has a first general radius of curvature (fig. 12) that is different to, or is in an opposing direction to, a radius of curvature of the parts of the nipple end that surround the ridge (about 66 fig. 12).
Regarding claim 4, note wherein the nipple end has a central region (valley in fig. 6) which is surrounded by the said generally circular shaped ridge, and the central region of the nipple end has a conical shape.
Regarding claim 5, a first direction of curvature of the said generally circular shaped ridge (fig. 6 open outward) is substantially opposite to a second direction of curvature of the central region (open to the inside).
Regarding claim 6, note the generally circular shaped ridge is convex (fig. 12) if the central region is concave (i.e, arcuate or parabolic cited above)
Regarding claim 7, note the generally circular shaped valley in the form of a circular recessed channel having a concave curvature (i.e, arcuate or parabolic cited above).
Regarding claim 8, note the nipple end includes a plurality of slits that are each aligned in a substantially circumferential direction (note the cross-shape slits would have the ends aligned in a substantially circumferential direction).
Regarding claim 10, note a plurality of slits in fig. 4 that lie generally in the bottom of the generally circular shaped valley formed in the nipple end.
Regarding claim 17, note the internal webs (at 70), and the internal webs are in the form of projecting internal walls that extend from an inside surface of the nipple end and toward the base end.
Regarding claim 18, note the slits 44 are cut through the layer of elastomeric material that forms the outer surface of the nipple end in fig. 4 and into the elastomeric material that forms the adjacent internal web or webs at 70.
Regarding claim 20, note the feeding device in figs. 2-3, 15.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRI M MAI whose telephone number is (571)272-4541. The examiner can normally be reached 8am-5pm (Mon-Friday).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Jenness can be reached at (571) 270-5055. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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TRI M. MAI
Examiner
Art Unit 3733
/TRI M MAI/Primary Examiner, Art Unit 3733