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 certified copies of papers required by 37 CFR 1.55.
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.
Claims 16, 18, 19, 21, 22, 25 and 26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Camilleri et al. (U.S. 2006/0113409).
Regarding claim 16, Camilleri et al. teaches a fluid supply cup 1, the fluid supply cup 1 comprising a container at lead line 1 (figure 1), and the container 1 being arranged with an air-vent hole 6 closed by a valve 45, shown in figure 11, wherein a corresponding position of the valve facing a placement surface of a bottom of the container is as a support (see lead line 52 in figure 11), and the support 52 and a support structure of the bottom of the container form a base for supporting the container (see figure 11), wherein when the valve is not installed on the air-vent hole (figure 12), the container is in an inclined state for an operator to clearly identify (due to 48 extending beyond the skirt of the container, figure 12).
Regarding claim 18, the support structure is a special-shaped bottom, the special-shaped bottom comprises a horizontal bottom (free end of 5) and an inclined bottom (portion at lead line 46, surrounding opening 6; figure 12), the valve is arranged close to the inclined bottom (figure 12), and the horizontal bottom is at the same horizontal plane as the support 52 to form the base (figure 11).
Regarding claim 19, the corresponding position is one of a plane, an inclined plane, a support foot, a support point, and a support edge arranged at the valve and facing the placement surface of the bottom of the container (the corresponding position is a plane shown in figure 11).
Regarding claim 21, Camilleri et al. teaches a fluid supply cup 1, the fluid supply cup comprising a container 1 (shown in figure 1), and the container arranged with an air-vent hole 6 closed by a valve at 45, wherein a part of an edge of a side wall of the container surrounding a bottom of the container extends downward to form a skirt at 5 for supporting the container, a corresponding position of the skirt corresponding to the air-vent hole 6 is arranged with a corresponding gap (gap between 6 and 5; figure 2), and a corresponding position of the valve and an edge of the skirt form a base for supporting the container (see 52 in figure 11), wherein when the valve is not installed on the air-vent hole (figure 12), the container is in an inclined state for an operator to clearly identify (due to 48 extending beyond the skirt of the container, figure 12).
Regarding claim 22, the valve at 45 is in a state of being detached from the air-vent hole (figure 12), and the container is inclined to one side having the gap (due to 48 extending beyond the skirt of the container, figure 12).
Regarding claim 25, the valve 45 is a flip-over valve, and a front end of a free end of the valve can protrude from the gap (when in the position in figure 12).
Further regarding claim 26, the bottom is circular (figure 6), the air- vent hole 6 is located on a center line of a sector, the gap (between 5 and 6) is located at the sector, and the corresponding position of the valve is close to the gap (figures 11 and 12).
Claim Rejections - 35 USC § 103
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 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 17 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Camilleri et al. (U.S. 2006/0113409) in view of Sun Hui (WO 2018/218813A1).
Regarding claim 17, Camilleri et al. discloses the claimed invention except for the multiple support feet. Camilleri et al. teaches a single support foot. Sun Hui teaches that it is known to provide a supply cup with multiple support feet (see figure 1). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the supply cup of Camilleri et al. with multiple support feet, as taught by Sun Hui, in order to use less material to save on material costs.
Further regarding claim 17, the support structure is at least two support feet or support columns evenly arranged at the bottom of the container (as modified by Sun Hui above), and support points of the support feet or the support columns are located at the same horizontal plane as the support to from the base (shown in figure 5).
Regarding claim 24, Camilleri et al. discloses the claimed invention except for the gap of the skirt. Camilleri et al. teaches a single support foot. Sun Hui teaches that it is known to provide a supply cup with multiple support feet (see figure 1). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the supply cup of Camilleri et al. with multiple support feet such that there is a gap in the skirt, as taught by Sun Hui, in order to use less material to save on material costs.
Further regarding claim 24, the skirt 5 comprises a support edge (free end of 5), the support edge surrounds a large part of a circumference of the bottom of the container (figure 1), and remain of the circumference of the bottom of the container forms the gap (as modified above), when the valve is detached from the air-vent hole, an end of the support edge is in contact with a placement surface of the container, and there is a space between the support edge and the placement surface of the container (figure 4).
Claims 27-30 are rejected under 35 U.S.C. 103 as being unpatentable over Camilleri et al. (U.S. 2006/0113409) in view of Mulvaney et al. (U.S. 2015/0203259).
Regarding claim 27, Camilleri et al. discloses the claimed invention except for the rotatable closing element. Mulvaney et al. teaches that it is known to provide a supply cup with a rotatable closing element (see element 20). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the supply cup of Camilleri et al. with the rotatable closing element, as taught by Mulvaney et al., in order to use a valve that easily moves between the opened and closed positions and is secured in the closed position.
Regarding claim 28, the corresponding position of the valve is an upper surface of the closing element or a highest position of the upper surface, and the upper surface of the closing element or the highest position of the upper surface is in the same horizontal plane as the edge of the skirt to form the base (as shown in figure 5 of Camilleri et al.).
Regarding claim 29, the corresponding position of the valve is an upper surface of the closing element or a highest position of the upper surface, at least two support surfaces are arranged at the edge of the skirt, and the upper surface of the closing element or the highest position of the upper surface is located in the same plane as the at least two support surfaces to form the base (as shown in figure 5 of Camilleri et al.).
Regarding claim 30, the closing element comprises a basic base being able to be adapted to the valve housing, the basic base is connected with a blocking part, and a dowel pin of the blocking part is used for closing or opening the air-vent hole (dowel pin shown in figures 4 and 5 of Camilleri et al.).
Allowable Subject Matter
Claim 23 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments filed September 30, 2025 have been fully considered but they are not persuasive. Applicant argues that Camilleri et al. (2006/0113409) does not teach that when the valve is not installed in the air vent hole, the container is in an inclined state for an operator to clearly identify, as set forth in amended claims 16 and 21. It is the examiner’s position that the alternative embodiment of Camilleri et al. (2006/0113409) meets this newly added limitation of the amended claims. Specifically, Camilleri et al. (2006/0113409) teaches an embodiment in figures 11 and 12 with a valve 45 which when 45 is not installed on the air-vent hole 6 (as shown in figure 12) the container is in an inclined state for an operator to clearly identify (due to the free end at 48 extending beyond 5 the container would be in an inclined position.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NIKI MARINA ELOSHWAY whose telephone number is (571)272-4538. The examiner can normally be reached Monday through Friday 7: 00 a.m. to 3:00 p.m..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E. Avilés 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.
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/NIKI M ELOSHWAY/Examiner, Art Unit 3736
/ORLANDO E AVILES/Supervisory Patent Examiner, Art Unit 3736