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 .
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. Some of the features (but not all) are depicted below:
“vent hole”
“bottle body”
“large circle”
“liquid compartment”
“fitting face”
“circle rim”
“upper liquid storage”
“pump core cavity”
“top ring mouth”
Therefore, the features specified in the claims, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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 Objections
Claims 11, 16, and 17 are objected to because of the following informalities:
The recitation of “thru-hole,” is a typographical error.
Appropriate correction is required.
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.
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.
Claims 11-20 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 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 claims are generally narrative and indefinite, failing to conform with current U.S. practice. They appear to be a literal translation into English from a foreign document and are replete with grammatical and idiomatic errors. Appropriate correction is required.
There is insufficient antecedent basis for these claim limitations:
Claim 11 recites the limitations:
“the bottle body,”
“the mouth of the bottle body”
“the liquid compartment,”
“the head cap,”
“the valve stem,”
“the pump core assembly.”
Claim 12 recites the following limitations:
“the pump mouth,”
“the upper catch groove,”
“the lower catch ring,”
“the inner catch ring,”
“the pump core cavity”
Claim 13 recites the following limitations:
“the inner diameter,”
“the ring mouth,”
“the top ring mouth,”
“the outer ring mouth,”
Claim 14 recites the following limitations:
“cover latch rib,”
“bottom cap latch,”
Claim 15 recites the following limitation:
“cover mouth,”
Claim 17 recites the following limitations:
“outer diameter of its edge,”
“central hole,”
“bottom hole mouth,”
Claim 20 recites the following limitation:
“the body.”
In light of the above mentioned deficiencies, the claims are interpreted as best understood for the purpose of advancing prosecution.
Claim Rejections - 35 USC § 102
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 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.
Claims 11-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ki (US 7367709 B2).
Regarding claim 11, Ki discloses a fresh-keeping vacuum bottle with two compartments, comprising a piston (movable bottom part 7) inside the bottle body, a vent hole disposed on the bottom side of the bottle body (through hole 6); the mouth of the bottle body is connected to a large circle (primary content filling means 3) through snap fitting, thus creating a lower liquid storage cavity (contents B stored in housing 2); the liquid compartment is connected to the head cap through the valve stem of the pump core assembly (refer to the annotated fig. below),
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in which the valve stem extends out in a large circle (refer to the annotated fig. above, wherein the valve stem is cylindrical); wherein the large circle comprises a fixed large circle (motion support tube 8), a rotating large circle (primary contents filling tube 14 and gasket 28), and an inner sleeve large circle (filling concave section 15); the fixed large circle is attached to the mouth of the bottle body through snap fitting (via supporting tube 22, col. 7 ll. 19-33), a gasket is provided at the joint (gasket 28), a lower thru-hole (mixing-communication hole 11) is provided on the side of the fixed large circle at the mouth above the lower liquid storage cavity in the bottle body (fig. 16), an upper thru-hole is provided on the side of the rotating large circle corresponding to the lower thru-hole; a sealing plug (gasket adapter 27) is disposed on the fitting face where the rotating large circle is fastened and attached to the fixed large circle (refer to fig. 15), the sealing plug is affixed to the bottom of the rotating large circle (refer to fig. 15), the middle thru-hole of the sealing plug aligns with the upper thru-hole of the rotating large circle (aligns along the direction which is through the center point of outlet hole 10); the circle rim at the bottom of the inner sleeve large circle is fastened and attached to the circle rim inner diameter on the top of the rotating large circle (refer to figs. 15 and 25-26); the pump core assembly is fastened and attached to the large circle of the inner sleeve large circle or the rotating large circle (refer to fig. 25), with the pump body outer diameter hermetically fit to the fixed large circle, rotating large circle, and inner sleeve large circle (refer to the locations of tube-insertion hole 16, outlet hole 10, and insertion hole 34 in figs. 16, 18, 20, and 25 and col. 4 ll. 26-47); an upper liquid storage cavity is formed between the top groove of the rotating large circle and the bottom groove of the inner sleeve large circle (location of contents C, fig. 25); when the rotating large circle drives the sealing plug to rotate towards a certain position, making the upper thru-hole of the rotating large circle, the middle thru-hole of the sealing plug, and the lower thru-hole of the fixed large circle aligned sequentially, the material stored in the upper storage cavity falls into the bottle body until it mixes with the liquid stored in the body (col. 6 ll. 60-67, col. 8 ll. 21-36, and fig. 25-26).
Regarding claim 12, in addition to the limitations of claim 11, Ki further discloses wherein the pump mouth at the pump body of the pump core assembly is fastened and attached to the upper catch groove located in the middle of the top section of the inner sleeve large circle (refer to the annotated figure below);
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the lower catch ring of the bottom groove of the inner sleeve large circle is fastened and attached to the inner catch ring of the top groove of the rotating large circle (refer to the annotated figures below);
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the pump core assembly is disposed within the pump core cavity hermetically formed by the inner sleeve large circle, the rotating large circle, and the fixed large circle (refer to the annotated fig. below).
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Regarding claim 13, in addition to the limitations of claim 11, Ki further discloses wherein an inner wall circle is disposed on the inner diameter where the inner sleeve large circle is fastened and attached to the rotating large circle, the ring mouth on the bottom of the inner sleeve large circle is hermetically fastened and attached to outer ring groove (coupling projected line 30) between the inner diameter of the top ring mouth of the rotating large circle and the inner wall circle (refer to the annotated figure below),
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and the outer ring mouth of the inner wall circle positioned lower than the inner ring mouth at the inner catch ring of the rotating large circle (referring to the shape of coupling projection line 30 in fig. 24, the outer ring mouth of the inner wall circle would be positioned lower than the inner ring mouth at the inner catch ring of the rotating large circle, and is necessary for secure attachment).
Regarding claim 14, in addition to the limitations of claim 11, Ki further discloses wherein a head cap sleeve mouth that is smaller than the lower outer diameter and protruded is disposed in the middle of the top section of the inner sleeve large circle (refer to the annotated fig. below),
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the upper catch groove of the inner sleeve large circle is provided on the bottom of the inner diameter of the head cap sleeve mouth (refer to the annotated figure below),
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the cover latch rib of the inner sleeve large circle and the upper storage cavity at the head cap sleeve mouth protrude upwardly (refer to the annotated fig. below),
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the bottom cap latch of the head cap is inserted into the head cap sleeve mouth of the inner sleeve large circle (refer to the assembled view of fig. 15), and a nozzle with an outwardly protruded outer diameter disposed at the liquid outlet of the head cap (refer to the annotated fig. below).
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Regarding claim 15, in addition to the limitations of claim 11, Ki further discloses wherein a bottom cap latch is disposed on above the point where the inner sleeve large circle is fastened (refer to fig. 15) and attached to the rotating large circle that is smaller than the outer diameter of the bottom ring mouth (refer to the annotated figure below),
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the cover mouth of the outer cover (cap 5) is fastened and attached to the cover latch rib of the inner sleeve large circle (refer to the annotated fig. below).
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Regarding claim 16, in addition to the limitations of claim 11, Ki further discloses wherein a funnel-shaped bottom face that is intensively sinking towards the upper thru-hole of the rotating large circle is disposed on the bottom of the upper storage cavity of the top groove of the rotating large circle (refer to the annotated fig. below).
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Regarding claim 17, in addition to the limitations of claim 11, Ki further discloses wherein the sealing plug has notches on the outer diameter of its edge and on the inner diameter of the central hole respectively (refer to the annotated figure below),
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the large rotating ring has a locating column protruded on the bottom of the large rotating ring corresponding to the notch; the sealing plug is joined to the bottom of the rotating large circle, and a protruded sealing rib is provide at the bottom hole mouth of the middle thru-hole of the sealing plug (col. 7 ll. 42-56).
Regarding claim 18, in addition to the limitations of claim 11, Ki further discloses wherein an upwardly protruded circle latch (coupling projected line 30) is symmetrically disposed on the ring mouth of the fixed large circle where the fixed large circle is attached to the rotating large circle, and raised pieces that are equidistantly distributed are provided in the top ring groove at the attached point where the ring latch corresponds to the rotating large circle (refer to figs. 24-25 and col. 7 ll. 57-67 and col. 8 ll. 1-15).
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 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Ki (US 7367709 B2) in view of Lee (US 20210000240 A1).
Regarding claim 19, in addition to the limitations of claim 11, Ki further discloses the vent hole is located on the bottom side of the inner bottle (through hole 6), the bottle body is fastened and attached to the fixed large circle through the mouth of the inner bottle, and the inner bottle, the fixed large circle, the rotating large circle, the inner sleeve large circle, the pump core assembly, and the head cap are connected sequentially (refer to fig. 15, wherein housing 2 is the inner bottle) however, remains silent to wherein the bottle comprises an inner bottle and an outer bottle; the vent hole is located on the bottom side of the inner bottle, the pump core assembly, and the head cap are connected sequentially to form a replacement bottle. Lee teaches wherein the bottle comprises an inner bottle (refill bottle 14) and an outer bottle (bottle body 12); the pump core assembly (discharge device 30, para. 0058), and the head cap (push cap 100) are connected sequentially to form a replacement bottle (refer to fig. 2, fig. 4, and para. 0048). It would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the dispenser to include a refill bottle. In doing so the modified device allows for convenient refilling of the inner bottle while maintaining a sufficient seal (Lee: paras. 0048 and 0061).
Regarding claim 20, in addition to the limitations of claim 19 the already modified device further teaches wherein fastening holes are symmetrically located on the mouth of the outer bottle (refer to the annotated figure below);
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lead-in grooves (fastening groove 12d ) are provided on the inner diameter side of the outer bottle mouth corresponding to the fastening holes (para. 0038 and fig. 2), respectively; protruded fixing ribs (coupling member 14b) are provided on the lower outer diameter where the inner bottle is fastened to the rotating large circle (para. 0041), respectively; the body is inserted to the lead-in groove of the outer bottle through the fixing ribs, then revolvably secured to the fastening hole of the inner bottle (via screw-coupling, para. 0042), and the inner body engages with the outer bottle (refer to fig. 5).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Delmon et al. (US 10864539 B2) disclosing an inner and outer bottle with pump module and Altus et al. (US 10981689 B2) disclosing a mixing device for assimilating multiple compartments.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER STEVEN PARISI whose telephone number is (571)270-5490. The examiner can normally be reached Mon - Fri 8:00 - 5:00 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Angwin can be reached at (571) 270-3735. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER S. PARISI/Examiner, Art Unit 3754
/DAVID P ANGWIN/Supervisory Patent Examiner, Art Unit 3754