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 .
Election/Restrictions
Applicant’s election without traverse of Group II (claims 8-20) in the reply filed on January 21, 2026 is acknowledged. Applicant’s election without traverse of Species A (claims 8-13 and 26-32) in the reply filed on June 11, 2026 is acknowledged.
In the amendment dated January 21, 2026, claims 1-7 and 21-25 were cancelled and new claims 26-33 were presented. Claims 8-20 and 26-33 are pending, with claims 14-20 and 33 withdrawn.
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.
Claims 8-13 and 26-32 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 8 recites the limitation "an infant feeding assembly" in lines 2-3. It is unclear whether this is referring to the “infant feeding assembly” recited in line 1, or a different infant feeding assembly.
Claim 8 recites the limitation “the securing ring” in line 7. There is insufficient antecedent basis for this limitation in the claim. It is unclear whether this is referring to the “securing member,” or something else.
Claim 11 recites “An infant feeding assembly comprising the securing member, according to claim 1” in lines 1-2. Claim 1 was cancelled, and thus there is no “securing member according to claim 1” recited. For purposes of examination, this claim will be interpreted as depending from claim 8.
Claim 11 recites “optionally, comprising an infant feeding nipple enclosed by the cover” at line 3. It is unclear whether this is referring to the “infant feeding nipple” already recited in claim 8 at line 7.
Claim 12 recites “a nipple of an infant feeding assembly” in lines 2-3. It is unclear whether this is referring to the “infant feeding nipple recited in claim 11, or the “infant feeding nipple” recited in claim 8, or something else.
Claims 9-13 and 26-32 are also rejected through their dependence on a rejected parent claim (details above).
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 30 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 30 recites “An infant feeding assembly according to claim 29, wherein the opening is an elongated slot.” Claim 29 already recites “the opening is an elongated slot,” and thus claim 30 does not further limit the subject matter of claim 29.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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 8, 9, 11-13, and 26-32 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by U.S. Pat. 2,917,048 to Soto (hereinafter, “Soto”).
Regarding claim 8, Soto discloses an infant feeding assembly (unit 11, Figs. 1-2) comprising: a securing member (main body 12, Figs. 1-3) for mounting an infant feeding nipple (nipple member 20, Figs. 1-3) to a mouth (top end 16, Figs. 2-3) of a container (nursing bottle 17, Figs. 2-3) in an infant feeding assembly (see Figs. 2-3), the securing member (main body 12) comprising a surface (annotated Fig. 1 below) having a cover contacting portion (cylindrical threads 13, Figs. 1-4) for selectively mounting a cover (cover member 33, Figs. 1-2) to the assembly (unit 11), wherein the securing member (main body 12) forms a fluid flow path (flow path through apertures 19, see Fig. 1) configured such that, when the securing member (main body 12) mounts the infant feeding nipple (nipple member 20) to the container (nursing bottle 17) in use, the container (nursing bottle 17) is fluidly connected to the surface (annotated Fig. 1); and an infant feeding nipple (nipple member 20) mounted to the securing ring (main body 12).
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Soto Annotated Figure 1
Regarding claim 9, Soto further discloses the nipple (nipple member 20) comprises a feeding fluid flow path (flow path through aperture 22, see Figs. 1-3), wherein the feeding fluid flow path (flow path through aperture 22) is provided through the nipple (nipple member 20), and is configured to enable an infant to feed from the infant feeding assembly (feeding fluid flow path is capable of enabling an infant to feed, see e.g., col. 1, ll. 15-21, 64-68).
Regarding claim 11, Soto further discloses a cover (cover member 33, Figs. 1-2) mounted to the cover contacting portion (cylindrical threads 13) and, optionally, comprising an infant feeding nipple (nipple member 20) enclosed by the cover (cover member 33, see Figs. 1-2).
Regarding claim 12, Soto further discloses the cover (cover member 33) comprises an internal recess (annotated Fig. 1), the internal recess (annotated Fig. 1) defining a volume (see Fig. 1) sufficient to receive at least a nipple (nipple member 20) of an infant feeding assembly (unit 11).
Regarding claim 13, Soto further discloses when the cover (cover member 33) is mounted to the cover contacting portion (cylindrical threads 13), the fluid flow path of the assembly (flow path through apertures 19) is fluidly connected to the internal recess (annotated Fig. 1).
Regarding claim 26, Soto further discloses the fluid flow path (flow path through apertures 19) of the securing member (main body 12) is selectively closable (fluid flow path can be sealed and unsealed by tightening or loosening body member 12, see Figs. 1-3 and col. 2, ll. 59-72; col. 3, ll. 1-7).
Regarding claim 27, Soto further discloses the securing member (main body 12) is configured to be selectively moveable relative to the container (nursing bottle 17) between a first position (unsealed position, see col. 2, ll. 59-72; col. 3, ll. 1-7), in which the fluid flow path is open (flow path through apertures 19), and a second position (sealed position, see col. 2, ll. 59-72; col. 3, ll. 1-7), in which the fluid flow path is closed (flow path through apertures 19, see Figs. 2-3).
Regarding claim 28, Soto further discloses when in the second position (sealed position, see col. 2, ll. 59-72; col. 3, ll. 1-7), the assembly (unit 11) sealingly engages a mouth (top end 16, Figs. 2-3) of the container (nursing bottle 17).
Regarding claim 29, Soto further discloses the surface (annotated Fig. 1) of the securing member (main body 12) comprises an opening (annotated Fig. 1) forming an outlet to the fluid flow path (flow path through apertures 19, see Fig. 1) and wherein the opening (annotated Fig. 1) is an elongated slot (see Fig. 4; aperture 19 is rectangular, and thus an elongated slot).
Regarding claim 30, Soto further discloses the opening (annotated Fig. 1) is an elongated slot (see Fig. 4; aperture 19 is rectangular, and thus an elongated slot).
Regarding claim 31, Soto further discloses the opening (annotated Fig. 1) of the securing member (main body 12) includes a plurality of openings (see Fig. 1) arranged around the surface (annotated Fig. 1), the plurality of openings (see Fig. 1) forming a plurality of outlets to the fluid flow path (flow path through apertures 19, see Fig. 1).
Regarding claim 32, Soto further discloses the securing member (main body 12) comprises a screw thread (annotated Fig. 1) adapted to matingly engage a corresponding screw thread (external threads 16, see Figs. 2-3) on the container (nursing bottle 17).
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 10 is rejected under 35 U.S.C. 103 as being unpatentable over Soto as applied to claim 8 above, and in further view of U.S. Pub. 2006/0243694 to McKendry et al. (hereinafter, “McKendry”).
Regarding claim 10, Soto does not expressly disclose the nipple is integrally formed with the securing member.
McKendry teaches a similar infant feeding assembly comprising a securing member (top cap 16, Fig. 2) and an infant feeding nipple mounted to the securing member (nipple 17, Fig. 2). McKendry teaches that the nipple is integrally formed with the securing member (paras. [0008], [0025]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the assembly of Soto to have the nipple be integrally formed with the securing member as taught by McKendry because it has been held that the use of an integral structure is an obvious matter of engineering choice (MPEP 2144.04(V)(B)).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
U.S. Pat. 6,290,080 to Grosse discloses an infant feeding assembly comprising a securing member for mounting a nipple to a mouth of a container and a fluid flow path through the securing member (see Figs. 1-4).
U.S. Pat. 3,232,466 to Turanciol discloses an infant feeding assembly comprising a securing member for mounting a nipple to a mouth of a container, and a fluid flow path that can be opened and closed (see Figs. 1-15).
U.S. Pat. 2,579,194 to Kronish discloses an infant feeding assembly comprising a securing member for mounting a nipple to a mouth of a container and a cover (see Figs. 1-10).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAURA E. PARKER whose telephone number is (571)272-6014. The examiner can normally be reached Monday-Friday 8:00 am - 4:30 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Jenness can be reached at 571-270-5055. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LAURA E. PARKER/Primary Examiner, Art Unit 3733
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