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 .
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.
Claim 4 is 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 recitation of “the neck” in line 1 lacks antecedent basis. The claim is indefinite because it is unclear to which neck the claim is referring. Nowhere in claim 1, “a neck” is previously introduced.
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 and 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fogel (US 2013/0134161).
Claims 1 and 2
Fogel discloses a connected container system (20) comprising a first container (22) having at least a top portion (11), a bottom portion (defined by area where first container is coupled to container 21), and a side wall portion defining a cavity (defined by interior of the first container) wherein contents may be held, wherein the first container has a recess (40) on the bottom portion; a second container (21) having at least a top portion (12), a bottom portion (defined by area where second container is coupled to container 22), and a side wall portion defining a cavity (defined by interior of the second container) wherein contents may be held, wherein a portion/protrusion (41) of the second container is accommodated in the recess of the first container, thereby removably connecting the first container and the second container into a connected system (see figure 6).
Claim 3
Fogel further discloses the second container includes an annular neck portion (defined by portion of the second container from where cover 16 is attached) that serves as the sole opening for the passage of contents out of the cavity of the second container (see figures 5, 6 and [0012]).
Claim 5
Fogel further discloses the first container includes a first cap (16) and the second container includes a second cap (17), wherein the first cap and the second cap are provided over the cavity of the first container and the second container respectively (see figure 6).
Claims 1 and 3-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Türel (US 2021/0094729).
Claim 1
Türel discloses a connected container system (A) comprising a first container (1) having at least a bottom portion (1.4), a top portion (defined by area opposite to the bottom portion), and a side wall portion defining a cavity (defined by interior of the first container) wherein contents may be held, wherein the first container has a recess (1.2) on the bottom portion; a second container (2) having at least a bottom portion (2.4), a top portion (defined by area opposite to the bottom portion), and a side wall portion defining a cavity (defined by interior of the second container) wherein contents may be held (see abstract), wherein a portion (defined by locking apparatus 2.1 and cap 3) of the second container is accommodated in the recess of the first container, thereby removably connecting the first container and the second container into a connected system (see [0043] and [0046]).
Claim 3
Türel further discloses the second container includes an annular neck portion (defined by area of locking apparatus 2.1 and where cap 3 is placed) that serves as the sole opening for the passage of contents out of the cavity of the second container (see figure 1 and [0043]).
Claim 4
Türel further discloses a neck (defined by area of locking apparatus 2.1 and where cap 3 is placed) is accommodated in the recess of the first container to removably connect the first container and the second container (see [0043] and figure 1).
Claim 5
Türel further discloses the first container includes a first cap (3) and the second container includes a second cap (3), wherein the first cap and the second cap are provided over the cavity of the first container and the second container respectively (see figure 1).
Claim 6
Türel further discloses the second cap is accommodated in the recess of the first container to removably connect the first container and the second container (see figure 1, [0043] and [0046]).
Conclusion
Examiner has cited particular paragraphs and/or columns and line numbers in the references as applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested of the applicant, in preparing responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or prior art(s) disclosed by the Examiner (in the attached PTO-892 form).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAFAEL A. ORTIZ whose telephone number is (571)270-5240. The examiner can normally be reached Monday - Friday 9am - 6pm.
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, Orlando E. Aviles can be reached at 571-270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
RAFAEL A. ORTIZ
Primary Examiner
Art Unit 3736
/RAFAEL A ORTIZ/Primary Examiner, Art Unit 3736
Prosecution Insights