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 .
General Acknowledgement of Application History
On April 25, 2024 at 12:23:33 PM ET (according to the Electronic acknowledge receipt), papers were filed that included 14 pages of specification and 5 pages of claims (20 claims). This will be referenced as the first specification and first claim set.
On April 25, 2024 at 06:49:40 PM ET (according to the Electronic acknowledge receipt), papers were filed that included 14 pages of specification and 3 pages of claims (8 claims). This will be referenced as the second specification and second claim set and be treated as a preliminary amendment.
Claims
The first claim set will be examined because the second claim set failed to meet the requirements under 37 CFR 1.121. See MPEP §714.
Specification
The first specification will be examined because the second specification failed to meet the requirements under 37 CFR 1.121. See MPEP §714.
Accordingly, the first specification and first claim set (20 claims) will be examined herein.
Priority
Acknowledgment is made of applicant's claim for priority under 35 U.S.C. 119(a)-(d) or (f), 365(a) or (b), or 386(a) based upon an application filed in Republic of Korea on 2/18/2021. The claim for priority cannot be based on said application because the subsequent nonprovisional or international application designating the United States was filed more than twelve months thereafter and no petition under 37 CFR 1.55 or request under PCT Rule 26bis.3 to restore the right of priority has been granted.
Applicant may wish to file a petition under 37 CFR 1.55(c) to restore the right of priority if the subsequent application was filed within two months from the expiration of the twelve-month period and the delay was unintentional. A petition to restore the right of priority must include: (1) the priority claim under 35 U.S.C. 119(a)-(d) or (f), 365(a) or (b), or 386(a) in an application data sheet, identifying the foreign application to which priority is claimed, by specifying the application number, country (or intellectual property authority), day, month, and year of its filing (unless previously submitted); (2) the petition fee set forth in 37 CFR 1.17(m)(3); and (3) a statement that the delay in filing the subsequent application within the twelve-month period was unintentional. The petition to restore the right of priority must be filed in the subsequent application, or in the earliest nonprovisional application claiming benefit under 35 U.S.C. 120, 121, 365(c), or 386(c) to the subsequent application, if such subsequent application is not a nonprovisional 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.
Drawings
Figure 1 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g).
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 55 (see page 8, line 6 of the specification; Examiner notes that one of the items in Fig. 2 labeled as “60” may be mislabeled).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1-20 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Park (US 2022/0258953).
Regarding claim 1, Park discloses a container for beverage (Figs. 2-3), comprising a container body (100) and a pressing member (400) attached to the container body, wherein the container body has a nozzle (300), and wherein the pressing member has a pair of guide grooves (420) concavely formed to guide user's fingers on two sides of the outer surface of the pressing member (Figs. 8A-8B), and wherein the pressing member has a discharge hole (416) positioned facing the nozzle (Figs. 4-6) so that 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 (Paragraph 0043).
Regarding claims 2-20, Park discloses the container for beverage of claim 1, as described above and as recited in claim 1 of Park. Claims 2-20 of the instant application are identical in scope to claims 2-20 of Park.
Claims 1-7, 10-17, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gum (KR 102062769). All references to the written description of Gum are to the attached machine translation into English (KR102062769-MT).
Regarding claim 1, Gum discloses a container for beverage (Figs. 3-6, see especially the embodiment of Figs. 5-6), comprising a container body (10) and a pressing member (20) attached to the container body, wherein the container body has a nozzle (12), and 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 (Paragraph 0042), and wherein the pressing member has a discharge hole (passage between 21 and 22; Figs. 5-6; Paragraph 0040) positioned facing the nozzle so that 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 (Paragraph 0056).
Regarding claim 2, Gum further discloses wherein the container body has a lid (11) enclosing the container body, and wherein the pressing member has a housing to accept the lid and the nozzle (Figs. 3-6).
Regarding claim 3, Gum further discloses wherein the discharge hole has smaller diameter than the nozzle (Paragraph 0041).
Regarding claim 4, Gum further discloses wherein the pressing member further comprises an engaging guide groove (22) receiving the nozzle when the pressing member is pressed against the container body (Fig. 5).
Regarding claim 5, Gum further discloses wherein the pressing member further comprises 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).
Regarding claim 6, Gum further discloses wherein the pressing member further comprises a stopper (25) to limit the movement of the nozzle into the engaging groove (Figs. 5-6; Paragraph 0048).
Regarding claim 7, Gum further discloses wherein the pressing member further comprises 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 the bottom of the discharge-guide groove (Fig. 5).
Regarding claim 10, Gum further discloses wherein the beverage is coffee contained in the container body, and wherein the container body also contains pressurized gas (Paragraph 0032).
Regarding claim 11, Gum discloses a container for beverage (Figs. 3-6, see especially the embodiment of Figs. 5-6), comprising a container body (10) and a pressing member (20) attached to the container body, wherein the container body has a nozzle (12) protruding from 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 (Paragraph 0042), wherein each of the guide groove has a first guide part and a second guide part so that one of the fingers is placed on between the first guide part and the second guide part (guide groove are semicircular, Paragraph 0042; thus, upper half and lower half of semicircle form first guide part and second guide part and fingers are placed between the guide parts, see Fig. 5), and wherein the pressing member has a discharge hole (passage between 21 and 22; Figs. 5-6; Paragraph 0040) located between the pair of guide grooves and positioned facing the nozzle so that 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 (Paragraph 0056).
Regarding claim 12, Gum further discloses wherein the container body has a lid (11) enclosing the container body, and wherein the pressing member has a housing () to accept the lid and the nozzle (Figs. 3-6).
Regarding claim 13, Gum further discloses wherein the discharge hole has smaller diameter than the nozzle (Paragraph 0041).
Regarding claim 14, Gum further discloses wherein the pressing member further comprises an engaging guide groove (22) receiving the nozzle when the pressing member is pressed against the container body (Fig. 5).
Regarding claim 15, Gum further discloses wherein the pressing member further comprises 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).
Regarding claim 16, Gum further discloses wherein the pressing member further comprises a stopper (25) to limit the movement of the nozzle into the engaging groove (Figs. 5-6; Paragraph 0048).
Regarding claim 17, Gum further discloses wherein the pressing member further comprises 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 the bottom of the discharge-guide groove (Fig. 5).
Regarding claim 20, Gum further discloses wherein the beverage is coffee contained in the container body, and wherein the container body also contains pressurized nitrogen gas (Paragraph 0032).
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 8 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Gum in view of Zeik et al. (US 10,518,961).
Gum discloses the container of claims 7 and 17, as described above in the rejection under 35 U.S.C. 102(a)(1), but is silent regarding a container side part located on a longitudinal side of the container body and connected to the edge of the container top, and wherein a plurality of fastening protrusions are formed to protrude along the circumference of the container top.
Zeik et al. teach a container body (22) for storing a pressurized product (Col. 4, lines 8-13) that includes a container side part (24CR) located on a longitudinal side of the container body and connected to the edge of the container top (Fig. 3), and wherein a plurality of fastening protrusions (242) are formed to protrude along the circumference of the container top (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 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.
Claims 9 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Gum in view of Zeik et al. as applied to claims 8 and 18 above, and further in view of Clauwaert et al. (US 2017/0217665).
Gum, modified in view of Zeik et al. as described above, render the container of claims 8 and 18 obvious. Moreover, the plurality of fastening protrusions taught by Zeik et al. are formed in triangular shape (see Fig. 4B).
Zeik et al. further teaches that the container body includes a plurality of binding grooves (25) concavely formed along the outer periphery of the container side part (Fig. 3). Zeik et al. teaches 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.
Therefore, 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 cap fitting over the pressing member.
Clauwaert et al. teach a container (1; Figs. 1-3) containing a food product and a pressurized gas (see the Abstract) having a pressing member (10) wherein the container further comprises a cap (20) fitting over the pressing member. 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 fitting over the pressing member, 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
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1-19 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-5 of prior U.S. Patent No. 11,999,555 (hereinafter “the ’555 patent”). This is a statutory double patenting rejection. See table below for cross-referencing of claim limitations disclosed in the ‘555 patent.
Claim # (dependency)
Limitations of the instant application
Limitations of the ‘555 patent
‘555 patent Claim # (dependency)
1
a container body and a pressing member attached to the container body
a container body and a pressing member attached to the container body
1
1
wherein the container body has a nozzle
wherein the container body has a nozzle
1
1
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 pair of guide grooves concavely formed to guide user's fingers on two sides of the outer surface of the pressing member
1
1
wherein the pressing member has a discharge hole positioned facing the nozzle so that 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
wherein the pressing member has a discharge hole positioned facing the nozzle so that 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
1
2 (1)
wherein the container body has a lid enclosing the container body, and wherein the pressing member has a housing to accept the lid and the nozzle
wherein the container body has a lid enclosing the container body, and wherein the pressing member has a housing to accept the lid and the nozzle
1
3 (2)
wherein the discharge hole has smaller diameter than the nozzle
wherein the discharge hole has smaller diameter than the nozzle
1
4 (3)
wherein the pressing member further comprises an engaging guide groove receiving the nozzle when the pressing member is pressed against the container body
wherein the pressing member further comprises an engaging guide groove receiving the nozzle when the pressing member is pressed against the container body
1
5 (4)
wherein the pressing member further comprises a sliding part that slidably guides the nozzle into the engaging guide groove when the pressing member is pressed against the container body
wherein the pressing member further comprises a sliding part that slidably guides the nozzle into the engaging guide groove when the pressing member is pressed against the container body
1
6 (5)
wherein the pressing member further comprises a stopper to limit the movement of the nozzle into the engaging groove
wherein the pressing member further comprises a stopper to limit the movement of the nozzle into an engaging groove
1
7 (6)
wherein the pressing member further comprises 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
wherein the pressing member further comprises 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
1
8 (7)
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 are formed to protrude along the circumference of the container top
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
1
9 (8)
wherein the container body further comprise a plurality of binding grooves concavely formed along the outer periphery of the container side part, wherein the plurality of fastening protrusions are formed in triangular shape, and wherein the container further comprises a cap fitting over the pressing member
wherein the container body further comprise a plurality of binding grooves concavely formed along the outer periphery of the container side part, wherein the plurality of fastening protrusions is formed in triangular shape, and wherein the container further comprises a cap fitting over the pressing member
2 (1)
10 (1)
wherein the beverage is coffee contained in the container body, and wherein the container body also contains pressurized gas
wherein the beverage is coffee contained in the container body, and wherein the container body also contains pressurized gas
3 (2)
11
a container body and a pressing member attached to the container body
a container body and a pressing member attached to the container body
4
11
wherein the container body has a nozzle protruding from the container body
wherein the container body has a nozzle protruding from the container body
4
11
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 pair of guide grooves concavely formed to guide user's fingers on two sides of the outer surface of the pressing member
4
11
wherein each of the guide groove has a first guide part and a second guide part so that one of the fingers is placed on between the first guide part and the second guide part
wherein each of the guide groove has a first guide part and a second guide part so that one of the fingers is placed on between the first guide part and the second guide part
4
11
wherein the pressing member has a discharge hole located between the pair of guide grooves and positioned facing the nozzle so that 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
wherein the pressing member has a discharge hole located between the pair of guide grooves and positioned facing the nozzle so that 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
12 (11)
wherein the container body has a lid enclosing the container body, and wherein the pressing member has a housing to accept the lid and the nozzle
wherein the container body has a lid enclosing the container body, and wherein the pressing member has a housing to accept the lid and the nozzle
4
13 (12)
wherein the discharge hole has smaller diameter than the nozzle
wherein the discharge hole has smaller diameter than the nozzle
4
14 (13)
wherein the pressing member further comprises an engaging guide groove receiving the nozzle when the pressing member is pressed against the container body
wherein the pressing member further comprises an engaging guide groove receiving the nozzle when the pressing member is pressed against the container body
4
15 (14)
wherein the pressing member further comprises a sliding part that slidably guides the nozzle into the engaging guide groove when the pressing member is pressed against the container body
wherein the pressing member further comprises a sliding part that slidably guides the nozzle into the engaging guide groove when the pressing member is pressed against the container body
4
16 (15)
wherein the pressing member further comprises a stopper to limit the movement of the nozzle into the engaging groove
wherein the pressing member further comprises a stopper to limit the movement of the nozzle into an engaging groove
4
17 (16)
wherein the pressing member further comprises 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
wherein the pressing member further comprises 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
18 (17)
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 are formed to protrude along the circumference of the container top
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
19 (18)
wherein the container body further comprises a plurality of binding grooves concavely formed along the outer periphery of the container side part, wherein the plurality of fastening protrusions are formed in triangular shape, and wherein the container further comprises of a cap fitting over the pressing member
wherein the container body further comprises a plurality of binding grooves concavely formed along the outer periphery of the container side part, wherein the plurality of fastening protrusions is formed in triangular shape, and wherein the container further comprises of a cap fitting over the pressing member
5 (4)
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.
Claim 20 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 6 of U.S. Patent No. 11,999,555. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 20 of the instant application differs from claim 6 of the reference patent only because it specifies that the pressurized gas is nitrogen, and it is well known in the art to use nitrogen gas in such a pressurized container.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 form. In particular: Jang et al. (KR 102066540) discloses a container having a container body and a pressing member that meets all of the limitations of the independent claims of the instant application; and Weaver et al (US 11,167,912), Werding (US 4,969,577), and Salameh (US 2015/0329273) disclose features relevant to the claimed fastening projections and binding grooves.
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 November 3, 2025