DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
2. The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
3. Claims 6, 8, 12 and 17 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 which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The term "generally" in claims 6 and 12 is a relative term which renders the claim indefinite. The term "one of generally generally: comma shaped, J-shaped, U-shaped, V-shaped, and C-shaped" is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
II- Claim 8 is vague and indefinite because “lid” as recited in line 2, appears to be a double inclusion, at least in part, of the “lid” as recited in claim 1, line 2.
Claim Rejections - 35 USC § 102
4. 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.
5. 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.
6. Claims 1-6, 8-12, 14-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Holt et al. (WO2009/123661).
Holt et al. disclose a container lid (104), which comprises a pivotable spout member (110) located on and detachable from a top of the lid; and a set screw member (130) located on and detachable from a bottom of the lid and configured to engage and releasably attach an end of the pivotable spout member to the lid as seen in Figure 14; a body (the interior of element 104) into which the pivotable spout member and set screw member insert as seen in Figure 3; the pivotable spout member having a first end and a second end opposite the first end, the second end having opposing protrusions (111); the body having opposing tracks (recesses) configured to receive and releasably retain the protrusions (page 10, para. [0057]); wherein each of the tracks is curved as seen in Figure 14; wherein each of the tracks is one of generally: U-shaped as seen in Figure 14; wherein the set screw member has a channel configured to allow fluids from a container (102) attached to lid (104) to pass through the set screw member to the pivotable spout member as seen in Figure 14; wherein the channel is configured to connect to a detachable straw member (118) that extends downward from the container lid, a partially rounded second end of the spot member as seen in Figure 14.
Claim Rejections - 35 USC § 103
7. 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.
8. Claims 7, 13 and 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Holt et al. (WO2009/123661) in view of McMullin 8,672,174.
Holt et al. have taught all the features of the claimed invention except that each of the tracks has a terminal end and an overhanging protrusion adjacent the terminal end. McMullin teaches the use of a pivotable spout member (20’) with protrusions (42), tracks to receive the protrusions as seen in Figure 11, where the tracks have a terminal end and an overhanging protrusion (44) adjacent the terminal end as seen in Figure 11.
It would have been obvious to one having ordinary skill in the art before the effective filling date of the application to modify the tracks of Holt et al. to have the overhanging protrusion of McMullin, in order to prevent the spout from being over rotated beyond the opened position.
Conclusion
9. The prior art made of record and not relied upon is considered pertinent to applicants' disclosure.
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to FREDERICK C NICOLAS whose telephone number is (571)272-4931. The examiner can normally be reached Monday-Thursday 8:00 AM -: 4:00 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Paul R. 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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/FREDERICK C NICOLAS/Primary Examiner, Art Unit 3754