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 .
Priority
This application makes reference to or appears to claim subject matter disclosed in Application No. 17/565,173, filed 12/29/2021. If applicant desires to claim the benefit of a prior-filed application under 35 U.S.C. 119(e), 120, 121, 365(c) or 386(c), the instant application must contain, or be amended to contain, a specific reference to the prior-filed application in compliance with 37 CFR 1.78. If the application was filed before September 16, 2012, the specific reference must be included in the first sentence(s) of the specification following the title or in an application data sheet (ADS) in compliance with pre-AIA 37 CFR 1.76; if the application was filed on or after September 16, 2012, the specific reference must be included in an ADS in compliance with 37 CFR 1.76. For benefit claims under 35 U.S.C. 120, 121, 365(c), or 386(c), the reference must include the relationship (i.e., continuation, divisional, or continuation-in-part) of the applications.
If the instant application is a utility or plant application filed under 35 U.S.C. 111(a), the specific reference must be submitted during the pendency of the application and within the later of four months from the actual filing date of the application or sixteen months from the filing date of the prior application. If the application is a national stage application under 35 U.S.C. 371, the specific reference must be submitted during the pendency of the application and within the later of four months from the date on which the national stage commenced under 35 U.S.C. 371(b) or (f), four months from the date of the initial submission under 35 U.S.C. 371 to enter the national stage, or sixteen months from the filing date of the prior application. See 37 CFR 1.78(a)(4) for benefit claims under 35 U.S.C. 119(e) and 37 CFR 1.78(d)(3) for benefit claims under 35 U.S.C. 120, 121, 365(c), or 386(c). This time period is not extendable and a failure to submit the reference required by 35 U.S.C. 119(e) and/or 120, where applicable, within this time period is considered a waiver of any benefit of such prior application(s) under 35 U.S.C. 119(e), 120, 121, 365(c), and 386(c). A benefit claim filed after the required time period may be accepted if it is accompanied by a grantable petition to accept an unintentionally delayed benefit claim under 35 U.S.C. 119(e) (see 37 CFR 1.78(c)) or under 35 U.S.C. 120, 121, 365(c), or 386(c) (see 37 CFR 1.78(e)). The petition must be accompanied by (1) the reference required by 35 U.S.C. 120 or 119(e) and by 37 CFR 1.78 to the prior application (unless previously submitted), (2) the applicable petition fee under 37 CFR 1.17(m)(1) or (2), and (3) a statement that the entire delay between the date the benefit claim was due under 37 CFR 1.78 and the date the claim was filed was unintentional. The presentation of a benefit claim may result in an additional fee under 37 CFR 1.17(w)(1) or (2) being required, if the earliest filing date for which benefit is claimed under 35 U.S.C. 120, 121, 365(c), or 386(c) and 1.78(d) in the application is more than six years before the actual filing date of the application. The Director may require additional information where there is a question whether the delay was unintentional. The petition should be addressed to: Mail Stop Petition, Commissioner for Patents, P.O. Box 1450, Alexandria, Virginia 22313-1450.
If the reference to the prior application was previously submitted within the time period set forth in 37 CFR 1.78 but was not included in the location in the application required by the rule (e.g., if the reference was submitted in an oath or declaration or the application transmittal letter), and the information concerning the benefit claim was recognized by the Office as shown by its inclusion on the first filing receipt, the petition under 37 CFR 1.78 and the petition fee under 37 CFR 1.17(m)(1) or (2) are not required. Applicant is still required to submit the reference in compliance with 37 CFR 1.78 by filing an ADS in compliance with 37 CFR 1.76 with the reference (or, if the application was filed before September 16, 2012, by filing either an amendment to the first sentence(s) of the specification or an ADS in compliance with pre-AIA 37 CFR 1.76). See MPEP § 211.02.
Specification
The disclosure is objected to because of the following informalities: Examiner understands the amended specification dated 5/5/2026 to be a substitute specification intended to claim priority as a continuation of the above-identified prior filed application. However, until the benefit of priority is perfected as described above, the statement on Page 1, lines 5-11 of the specification is improper.
Appropriate correction is required.
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 21-28 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Park (US 2022/0258953).
Examiner notes that the priority claim of the instant application to prior application 17/565,173 has not been properly established, as described above, and thus Park qualifies as prior art to the instant application. The drawings and specification of Park are substantially identical to the drawings and specification of the instant application, and thus disclose the claimed subject matter in the same manner as the instant specification. Specifically:
Regarding claim 21, Park discloses a beverage container (Figs. 2-8) comprising:
a container body for storing a beverage and a pressurized gas, comprising:
an open upper side with a top edge in a longitudinal direction of the container body; a container side part located on a longitudinal side of the container body and connected to the open upper side at the top edge; and a plurality of fastening protrusions along the top edge of the open upper side (claim 8; Fig. 7);
a lid to close the open upper side of the container body, the lid comprising a through hole in the lid (claim 2; Fig. 3);
a nozzle, wherein the nozzle is capable of moving up and down in the longitudinal direction of the container body while being inserted into the through hole of the lid (claim 1; Fig. 3);
a pressing member attached to the container body for pressing the nozzle, the pressing comprising:
a housing; an outer surface of the pressing member; a plurality of guide grooves concavely formed on the outer surface of the pressing member; and a discharge hole positioned facing the nozzle (claims 1-2; Fig. 6), wherein: the discharge hole has a smaller diameter than the nozzle (claim 3; Fig. 6); and the beverage contained in the container discharges through the discharge hole and the nozzle when the pressing member is pressed towards the container body (claim 1; Fig. 6);
an engaging guide groove for receiving the nozzle when the pressing member is pressed against the container body (claim 4; Fig. 6);
a sliding part that slidably guides the nozzle into the engaging guide groove when the pressing member is pressed against the container body (claim 5; Fig. 6);
a stopper to limit the movement of the nozzle into an engaging groove (claim 6; Fig. 6); and
a pressing surface portion having a discharge-guide groove formed from the pressing surface portion towards the discharge hole located at a bottom of the discharge-guide groove (claim 7; Fig. 6).
Regarding claims 22-24, Park further discloses a removable cap removably coupled to the container body to cover the pressing member; that the container body further comprises a plurality of binding grooves concavely formed along the container side part; and that the plurality of fastening protrusions is formed in triangular shape (claim 9; Figs. 2 and 7).
Regarding claims 25-26, Park further discloses that the pressurized gas is nitrogen and the beverage is coffee (Paragraph 0053).
Regarding claims 27-28, Park further discloses that the container body is a long cylindrical shape formed of a transparent material (Paragraph 0035).
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.
Claims 21 and 23-28 are rejected as being unpatentable over Gum (KR 102062769) in view of Zeik et al. (US 10,518,961). All references to the written description of Gum are to the attached machine translation into English (KR102062769-MT).
Regarding claim 21, Gum discloses a beverage container (Figs. 3-6, see especially the embodiment of Figs. 5-6) comprising:
a container body (10) for storing a beverage and a pressurized gas (Paragraph 0001);
a lid (11) to close the open upper side of the container body, the lid comprising a through hole in the lid (for nozzle 12);
a nozzle (12), wherein the nozzle is capable of moving up and down in the longitudinal direction of the container body while being inserted into the through hole of the lid (see Figs. 3-6);
a pressing member (20) attached to the container body for pressing the nozzle (see Figs. 3-6), the pressing comprising:
a housing (body of 20; see Figs. 3-6);
an outer surface of the pressing member; a plurality of guide grooves concavely formed on the outer surface of the pressing member (Paragraph 0042); and
a discharge hole positioned facing the nozzle (passage between 21 and 22; Figs. 5-6; Paragraph 0040), wherein:
the discharge hole has a smaller diameter than the nozzle (Paragraph 0041); and
the beverage contained in the container discharges through the discharge hole and the nozzle when the pressing member is pressed towards the container body (Paragraph 0056);
an engaging guide groove (22) for receiving the nozzle when the pressing member is pressed against the container body (Fig. 5);
a sliding part (tapered portion of 22) that slidably guides the nozzle into the engaging guide groove when the pressing member is pressed against the container body (Paragraph 0040);
a stopper (25) to limit the movement of the nozzle into an engaging groove (Figs. 5-6; Paragraph 0048); and
a pressing surface portion (outer/top surface of 20 in Fig. 5) having a discharge-guide groove (21) formed from the pressing surface portion towards the discharge hole located at a bottom of the discharge-guide groove (Fig. 5).
Gum is silent regarding the details of the container body and thus does not explicitly disclose an open upper side, a container side part connected to the open upper side, or a plurality of fastening protrusions on the open upper side.
Zeik et al. teach a container body (22) for storing a pressurized product (Col. 4, lines 8-13) that includes: an open upper side with a top edge in a longitudinal direction of the container body (Col. 4, lines 14-18; Fig. 3); a container side part (24CR) located on a longitudinal side of the container body and connected to the open upper side at the top edge (Fig. 3); and a plurality of fastening protrusions (242) along the top edge of the open upper side (Fig. 4B). Zeik et al. teach these features as a means for attaching a lid to the container body (crimp ring for receiving a valve cup; Col. 3, lines 35-39) with minimal leakage of the product (Col. 9, lines 36-38).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the application to provide the container of Gum with the container body having an open upper side, a container side part, and a plurality of fastening protrusions, as taught by Zeik et al., in order to securely fasten the lid on the container body with minimal risk of leakage. Since Gum is silent regarding the details of the connection between the container body and the lid, one having ordinary skill in the art would look to the prior art for solutions, of which Zeik et al. provides a suitable example.
Regarding claim 23, the container side part taught by Zeik et al. further comprises a plurality of binding grooves (25) concavely formed along the container side part (Fig. 3). Zeik et al. teach that these grooves act as vents to prevent rupture of the container body in the event of over pressurization (Col. 3, lines 19-31; Col. 11, lines 5-11).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the application to further modify the combined invention of Gum-Zeik et al. to include the binding grooves taught by Zeik et al. in order to prevent rupture of the container body in the event of over pressurization.
Regarding claim 24, the plurality of fastening protrusions taught by Zeik et al. is formed in triangular shape (see Fig. 4B).
Regarding claims 25-26, Gum further discloses that the pressurized gas is nitrogen and that the beverage is coffee (Paragraph 0032). Zeik et al. further teach that nitrogen may be used as a propellant in such a container (Col. 8, line 9).
Regarding claim 27, Gum further discloses that the container body is a long cylindrical shape (see Figs. 3-6). Zeik et al. further teach a similar shape (Fig. 1).
Regarding claim 28, Gum is silent regarding the material of the container body. However, Zeik et al. teaches that the container body is formed of a transparent material to enable a consumer to see how much product is remaining (Col. 6, lines 58-67).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the application to further provide the combined invention of Gum-Zeik et al. with a container body formed of a transparent material, as taught by Zeik et al., to enable a consumer to see how much product is remaining.
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Gum in view of Zeik et al., as applied to claim 21 above, and further in view of Clauwaert et al. (US 2017/0217665).
Gum-Zeik et al. in combination disclose all of the features of the claimed invention, as described above, except that the container further comprises a removable cap removably coupled to the container body to cover the pressing member.
Clauwaert et al. teach a container (1; Figs. 1-3) having a body (2) containing a food product and a pressurized gas (see the Abstract) and having a pressing member (10), wherein the container further comprises a cap (20) removably coupled to the container body to cover the pressing member (see Fig. 1). Clauwaert et al. teach this feature as a means of covering the pressing member and providing a tamper-evident means to indicate usage of the container (Paragraphs 0043-0047).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the application to provide the combined invention of Gum-Zeik et al. with a cap removably coupled to the container body, as taught by Clauwaert et al., in order to protect the pressing member from unintentional actuation and provide a tamper evident feature for the container.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 21, 23-24, and 26 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 4-6 of U.S. Patent No. 11,999,555 (hereinafter “the ‘555 patent”). See table below for cross-referencing of claim limitations disclosed in the ‘555 patent. Although the claims at issue are not identical, they are not patentably distinct from each other for the reasons described below.
Claim #
Limitations of the instant application
Limitations of the ‘555 patent
‘555 patent Claim #
21
a container body for storing a beverage and a pressurized gas, comprising:
a container body [. . .] wherein the beverage is coffee contained in the container body, and wherein the container body also contains pressurized gas
4, 6
21
an open upper side with a top edge in a longitudinal direction of the container body; a container side part located on a longitudinal side of the container body and connected to the open upper side at the top edge; and a plurality of fastening protrusions along the top edge of the open upper side
wherein the container body further comprises a container side part located on a longitudinal side of the container body and is connected to the edge of the container top, and wherein a plurality of fastening protrusions is formed to protrude along the circumference of the container top
4 (see below)
21
a lid to close the open upper side of the container body, the lid comprising a through hole in the lid;
a lid enclosing the container body
4 (see below)
21
a nozzle, wherein the nozzle is capable of moving up and down in the longitudinal direction of the container body while being inserted into the through hole of the lid;
wherein the container body has a nozzle protruding from the container body
4 (see below)
21
a pressing member attached to the container body for pressing the nozzle, the pressing comprising:
a housing;
an outer surface of the pressing member;
a plurality of guide grooves concavely formed on the outer surface of the pressing member; and
a discharge hole positioned facing the nozzle, wherein:
the discharge hole has a smaller diameter than the nozzle
a pressing member attached to the container body [. . .] wherein the pressing member has a pair of guide grooves concavely formed to guide user's fingers on two sides of the outer surface of the pressing member [. . .] wherein the pressing member has a discharge hole located between the pair of guide grooves and positioned facing the nozzle, [. . .] wherein the pressing member has a housing to accept the lid and the nozzle; [. . .] wherein the discharge hole has smaller diameter than the nozzle
4 (see below)
21
the beverage contained in the container discharges through the discharge hole and the nozzle when the pressing member is pressed towards the container body;
the beverage contained in the container discharges through the nozzle and through the discharge hole when the pressing member is pressed towards the container body
4
21
an engaging guide groove for receiving the nozzle when the pressing member is pressed against the container body;
an engaging guide groove receiving the nozzle when the pressing member is pressed against the container body
4
21
a sliding part that slidably guides the nozzle into the engaging guide groove when the pressing member is pressed against the container body;
a sliding part that slidably guides the nozzle into the engaging guide groove when the pressing member is pressed against the container body
21
a stopper to limit the movement of the nozzle into an engaging groove; and
a stopper to limit the movement of the nozzle into an engaging groove
4
21
a pressing surface portion having a discharge-guide groove formed from the pressing surface portion towards the discharge hole located at a bottom of the discharge-guide groove
a pressing surface portion having a discharge-guide groove formed from the pressing surface portion towards the discharge hole located at the bottom of the discharge-guide groove
4
23
wherein the container body further comprises a plurality of binding grooves concavely formed along the container side part
a plurality of binding grooves concavely formed along the outer periphery of the container side part
5
24
wherein the plurality of fastening protrusions
is formed in triangular shape
wherein the plurality of fastening protrusions is formed in triangular shape
5
26
wherein the beverage is coffee.
wherein the beverage is coffee contained in the container body
6
Claims 4-6 of the ‘555 patent explicitly disclose all the features of claim 21 except that the container body has an open upper side, that the lid has a through hole, and that the nozzle is capable of moving up and down in the longitudinal direction of the container body while being inserted into the through hole of the lid. However, one having ordinary skill in the art would recognize these limitations as describing conventional features of a container for dispensing a liquid with a pressurized gas, especially considering the structure required to discharge “through the nozzle and through the discharge hole when the pressing member is pressed towards the container body”, as claimed in claim 4 of the ‘555 patent. Thus, claim 21 of the instant application provides no patentable distinction from claims 4-6 of the ‘555 patent.
Claim 22 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 4-6 of U.S. Patent No. 11,999,555 in view of Clauwaert et al. (US 2017/0217665).
The ‘555 patent does not explicitly claim that the cap is removably coupled to the container body. However, Clauwaert et al. disclose a similar container having a cap that is removably coupled to the container body, as described above in the rejection of claim 22 under 35 U.S.C. 103. It would have been obvious to one having ordinary skill in the art before the effective filing date of the application to provide the container of claims 4-6 of the ‘555 patent with a removable cap, as taught by Clauwaert et al., for the same reasons described above with respect to its application to the combined invention of Gum-Zeik et al.
Claims 25 and 27-28 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 4-6 of U.S. Patent No. 11,999,555 in view of Zeik et al. (US 10,518,961).
The ‘555 patent does not explicitly claim that the pressurized gas is nitrogen, or that the container body is a long cylindrical shape formed of a transparent material. However, Zeik et al. disclose a similar container having nitrogen as the pressurized gas, and having a container body that is a long cylindrical shape formed of a transparent material, as described above in the rejections of claims 25 and 27-28 under 35 U.S.C. 103. It would have been obvious to one having ordinary skill in the art before the effective filing date of the application to provide the container of claims 4-6 of the ‘555 patent with nitrogen as the pressurized gas, and with a container body that is a long cylindrical shape formed of a transparent material, as taught by Zeik et al., since Zeik et al. teach that these features are suitable for such a container.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 form.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 MICHAEL C PATTERSON whose telephone number is (571)270-5558. The examiner can normally be reached M-F 7:30-4:00 CST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Paul Durand can be reached at 571-272-4459. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL C PATTERSON/Examiner, Art Unit 3754
/PAUL R DURAND/Supervisory Patent Examiner, Art Unit 3754 July 24, 2026
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