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
Receipt is acknowledged of a certified copy of foreign application PCT/IB2022/060980, however the present application does not properly claim priority to the submitted foreign application. If this copy is being filed to obtain priority to the foreign filing date under 35 U.S.C. 119(a)-(d) or (f), 365(a) or (b), or 386(a), applicant must also file a claim for such priority as required by 35 U.S.C. 119(b) or 365(b), and 37 CFR 1.55. If the application was filed before September 16, 2012, the priority claim must be made in either the oath or declaration or in an application data sheet; if the application was filed on or after September 16, 2012, the claim for foreign priority must be presented in an application data sheet.
If the application being examined is an original application filed under 35 U.S.C. 111(a) (other than a design application), the claim for priority must be presented 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 foreign application. See 37 CFR 1.55(d)(1). If the application being examined is a national stage application under 35 U.S.C. 371, the claim for priority must be made within the time limit set forth in the PCT and Regulations under the PCT. See 37 CFR 1.55(d)(2). Any claim for priority under 35 U.S.C. 119(a)-(d) or (f), 365(a) or (b), or 386(a) not presented within the time period set forth in 37 CFR 1.55 is considered to have been waived. If a claim for foreign priority is presented after the time period set forth in 37 CFR 1.55, the claim may be accepted if the claim properly identifies the prior foreign application and is accompanied by a grantable petition under 37 CFR 1.55(e) to accept an unintentionally delayed claim for priority and the applicable petition fee under 37 CFR 1.17(m)(1) or (m)(2).
Specification
The disclosure is objected to because of the following informalities:
In paragraph 0026, on line 4, “vent retainer 220” should be “vent retainer 225”; and
In paragraph 0035, line 5, “connector 275” should be “vent retainer 225” and “vent retainer 225” should be “connector 275”.
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 1, 3, 4, 6-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Beck (U.S. Patent 6,039,218).
In regard to claim 1, the Beck reference discloses a dispensing product comprising:
a dispenser 30; and
a vented cap 14,40 attached to the dispenser, the vented cap comprising:
a cap 40; and
a vent plug 14 wherein the vent plug is movable (with respect to the cap) from a delivery state (see Figures 3 and 4) to a vented state (see Figure 5).
In regard to claim 3, the Beck device includes a tear strip 35.
In regard to claim 4, the cap 40 further comprises:
a bottom opening (at 42);
a top opening (at 46);
a cap wall 41,44 extending between the bottom opening and the top opening;
a cap interior space defined by the cap wall;
a vent retainer 47 or 50 positioned in the cap interior space; and
a vent seal 46 adjacent the top opening.
In regard to claim 6, the vent plug further comprises:
a vent hood 20;
a cap seal (defined by the outer edge of element 20) encircling the vent hood;
an outer skirt 1, 17 extending off a lower surface of the vent hood;
at least one vent hole (see column 2, lines 54-56) in the outer skirt;
a connector 18 or 25 extending off a portion of the outer skirt; and
a dispenser flange 22 extending off a bottom of the outer skirt.
In regard to claim 7, as discussed above, the Beck device includes the claimed structure.
In regard to claim 8, the connector 25 is attached to the vent retainer 50 and the cap seal is sealed against the vent seal. (see Figure 3).
In regard to claim 9, the connector 18 is seated between the vent retainer 47 and the top opening in the cap and the cap seal is not seated against the vent seal (see Figure 5).
In regard to claim 10, the Beck device includes a delivery state in which the cap seal is seated against the vent seal (see Figures 3 and 4); and
a vented state in which the cap seal is not seated against the vent seal (see Figure 5).
In regard to claim 11, as discussed above, the Beck device includes a cap 40 and a vent plug 14.
In regard to claims 12-15, as discussed above, the Beck device includes the claimed features.
In regard to claim 16, the Beck reference discloses a method of assembling a dispensing product comprising:
providing a cap 40;
providing a vent plug 14; and
inserting the vent plug into the cap until the vent plug seals with the cap forming a vented cap.
In regard to claims 17 and 18, as discussed above, the Beck device includes the claimed structure.
In regard to claim 19, the method of assembling the dispensing product further comprises:
providing a dispenser 30; and
assembling the vented cap on the dispenser (via elements 35).
In regard to claim 20, the method of assembling the dispensing product further comprises:
providing a dispenser 30;
assembling the vented cap to the dispenser; and
attaching the assembled vented cap and dispenser to a container 11.
Claims 1, 4 and 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stebick et al. (U.S. Patent 5,472,120, hereinafter Stebick).
In regard to claim 1, the Stebick reference discloses a dispensing product comprising:
a dispenser 20 and
a vented cap 14, 34 attached to the dispenser, the vented cap comprising:
a cap 14; and
a vent plug 34 wherein the vent plug is movable (with respect to the cap) from a delivery state (see Figure 1A) to a vented state (see Figure 1C).
In regard to claim 4, the cap 14 further comprises:
a bottom opening (at the lower end of sidewall 52);
a top opening 54;
a cap wall 52 extending between the bottom opening and the top opening;
a cap interior space defined by the cap wall;
a vent retainer 68 (see Figure 4) positioned in the cap interior space; and
a vent seal (defined by the inner edge of opening 54) adjacent the top opening.
In regard to claim 5, the Stebick device further comprises:
a vent plug support 66 (see Figure 4) extending off the cap wall from the top opening into the cap interior space, wherein the vent plug support terminates in the vent retainer 68;
a dispenser retainer 64a encircling a portion of the cap interior space adjacent the bottom opening; and
a “finger pad” on an exterior surface of the cap wall (i.e., the outer surface of the cap wall which a user may grasp to operate the device defines a “finger pad”.
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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Beck.
In regard to claim 2, although the Beck reference does not disclose the dispenser is an ophthalmic dispenser, as claimed, it is the examiner’s position it would have been obvious to one of ordinary skill in the art at the time the invention was made the dispenser can be any type of known dispenser, including an ophthalmic dispenser, without effecting the overall operation of the device, especially since the Applicant has disclosed the vented cap may be used with any type of dispenser (see paragraph 0043) and the Beck reference does not limit the type of dispenser which may be employed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The Yurkewicz et al. and Carr et al. references are cited as being directed to the state of the art as teachings of other vented caps for use on dispensers.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID J WALCZAK whose telephone number is (571)272-4895. The examiner can normally be reached Monday-Friday 6:30-4:00.
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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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DJW
2/3/26
/DAVID J WALCZAK/Primary Examiner, Art Unit 3754