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 § 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.
Claim(s) 1-5, 11 and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hirst et al. (20180050844) hereinafter Hirst.
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Annotated figure 3
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Annotated figure 11
Regarding claim 1, Hirst discloses a food tube (paragraph [0097]: “a vessel 30”, Figures 2A & 2B: 30; paragraph [0099]: “the vessel may be at least partially constructed of a readily deformable and/or squeezable material”) attachment device (paragraph [0097]: “a lid 11”, Figure 2A & 2B: 11) including:
a nozzle (Annotated Figure 3A and 3B: “Full nozzle” ; Annotated figure 11: shows a cross-section of how nozzle 18, selector 14 and conduit 46 form the “Full Nozzle”) having a top (paragraph [0125]: “distal end 35”, Figure 2A: 35) and a bottom (paragraph [0105]: “end 50 of the conduit”, Annotated figure 3A and 3B: 50), a channel between the top and the bottom (paragraph[0105]: “a conduit 46”, Annotated figure 3A, 3B and 11:46), several coupling means (paragraph [0101]: “The nozzle, selector, and valve body may be coupled or joined by, for example, fitting, snapping, threading, connecting, attaching, or fastening.”; “receiving portion 41” in paragraph [0127]: “a receiving portion 41 that is sized and shaped to attach to the selector 14” and in figures 2A and 2B: 41; “elongate body 34” in paragraph [0105]: “the conduit 46 may extend from an annular flange 42 of the selector 14 and through the elongate body 34” and in figure 3B: 34 ) and a gasket receiving area (paragraph [0105] :“elongate body 34”; Figure 3B: 34; paragraphs [0106] & [0131]: explain how elongate body 34 of selector 14 connects with valve body 16 via a seal 100 to ensure leakage free coupling between 14 and 16. Seal 100 can be made of flexible material and can be of shapes like circular, annular, O-rings, etc. );
a nozzle control handle (“selector 14” in paragraph [0100]; Figure 2A, 2B, 3A: 14; paragraph [0100]: explains how fluid flow volume and direction can be controlled by the combination of selector 14 and valve assembly 36 by rotating selector 14 to different positions.”) having a complimentary coupling means (paragraph [0101]: “The nozzle, selector, and valve body may be coupled or joined by, for example, fitting, snapping, threading, connecting, attaching, or fastening.” to the nozzle’s coupling means (paragraph [0129]:”The selector 14 and the nozzle 18 may be coupled by interlocking features”);
the gasket (paragraph [0131]: “seal 100”; Figure 4C-4F: 100) secured in the gasket receiving area (“elongate body 34” in paragraph [0131]:” the seal 100 may comprise an O-ring. One or more seals 100 may engage the elongate body 34 to form a fluid-tight connection.” and Figure 3B: 34; paragraph [0132]: “The seal features may include a gasket washer, sealing ring, diaphragm, annular seal, and/or liner, to help create a seal between any components described herein.”) of the nozzle;
wherein the coupling of the nozzle’s coupling means and the nozzle control handle’s complimentary coupling means may be manipulated from a disengaged position to an engaged position and secured in the engaged position (paragraph [0101]: “The nozzle, selector, and valve body may be coupled or joined by, for example, fitting, snapping, threading, connecting, attaching, or fastening.”; paragraph [0129]:”The selector 14 and the nozzle 18 may be coupled by interlocking features”);
wherein, with the food tube (paragraph [0097]: “a vessel 30”, Figures 2A & 2B: 30; paragraph [0099]: “the vessel may be at least partially constructed of a readily deformable and/or squeezable material”) attachment device (paragraph [0097]: “a lid 11”, Figure 2A & 2B: 11) begin in the disengaged position (Figure 2A and 2B: show disengaged position of lid 11 from vessel 30; paragraph [0097] & [0142]: describe how lid is comprised in different components including lid body 12, how lid body 12 connects with the vessel 30 though coupling mechanism and how vessel is filled with liquid by first disengaging the lid 11 from the vessel 30).
Hirst does not explicitly describe the process of seal being created when an opening of a food tube receives the bottom of the nozzle and the gasket before the nozzle control handle is manipulated from the disengaged position to the engaged position;
wherein this manipulation deforms the gasket to create the seal with the food tube so that the contents of the food tube travel through the channel by entering from the bottom of the nozzle and egressing out the top of the nozzle;
and
wherein the food tube attachment device is made of food-safe materials.
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Annotated figure 9
However, lid 11 disclosed by Hirst has multiple components – nozzle 18, selector 14, valve body 16 and lid body 12 (Figure 2A & 2B). Hirst discloses embodiments where these components can be integrally formed (paragraph [0101]) indicating that for such an integrated embodiment, the “extended nozzle” (Annotated figure 9: “extended nozzle); or fluid flow path will extend from nozzle opening 37 (paragraph [0125]: “outwardly facing opening”, Figure 2A: 37) to end of straw connector 84 (paragraph [0122]: “straw connector 84”; Figure 2B: 84). Hirst discloses that lid body 12, which is connected to selector 14 (“nozzle control handle” in the instant invention), engages with vessel 30 (“food tube” in the instant invention) by manipulating the lid 11 (which includes selector 14 and nozzle 18) from a disengaged position to an engaged position using suitable connection such as threaded connection and the lid includes gasket, washer, sealing or liner to help create a sealed connection with vessel 30 (paragraph [0119]). Although Hirst does not explicitly mention about deformation of gasket as the mechanism of creating a tight seal for prevention of leak, gasket constructed from flexible material getting deformed to create a tight seal between two mating parts is a well understood mechanism.
Hirst also discloses “non-straw-equipped” embodiment (paragraph [0007]) indicating that in this embodiment straw connector 84 will remain as an opening for fluid to flow from vessel 30 to the other nozzle opening 37 (Figure 2A, 2B, 7, 9, 11 and 13). Considering these disclosures, when lid 11 is engaged with the vessel 30, end of straw connector 84, which can be considered as another opening of nozzle for an integrated embodiment disclosed by Hirst, will be within vessel 30 (Figure 2A, 2B, 7, 9, 11 and 13), similar to claimed in current instant invention. In such engaged configuration of lid 11 and vessel 30, contents of vessel 30 will enter the “extended nozzle” (Annotated figure 9: “extended nozzle) through opening 84 and will egress out of the opening 37.
While Hirst does not explicitly mention that the food tube attachment (paragraph [0097]: “a lid 11”, Figure 2A & 2B: 11) and its components being constructed from food-safe materials, the device and embodiments disclosed by Hirst are for applications of dispensing food and beverages (paragraph [0002]) and so it is implied that the materials the components are constructed from (paragraph [0128]) are food-safe.
Regarding claim 2, Hirst discloses a food tube attachment device according to claim 1 as set forth above. Hirst further discloses further comprising a shell (Annotated figure 9: “lid body top shell”) having a cavity (Annotated figure 9: “cavity containing gasket inside”) for receiving the food tube (Annotated figure 9: 30), the cavity being formed between an interior wall and an exterior wall (Annotated figure 9: “cavity containing gasket inside”), and creating the seal between the exterior wall and the food tube (paragraph [0119]: “The lid may be coupled or connected to the container by a connection that allows the lid to be quickly secured to the container. The lid may include a gasket, washer, sealing ring or liner to help seal the opening of the container. “; Annotated figure 9: shows how lid body 12 forms a sealed connection with vessel 30 through use of gasket) when the gasket is deformed by the manipulating the nozzle control handle (paragraph [0104]: “selector 14”; Annotated figure: 14) along with lid body 12 from the disengaged position to the engaged position.
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Annotated figure 5A
Regarding claim 3, Hirst discloses a food tube attachment device according to claim 1 as set forth above. Hirst further discloses the interior wall of the shell (Annotated figure 5A: “lid body top shell”) having a keyhole receiver (paragraph [0124]: “detents 86”; Annotated figure 5A: 86) and the nozzle (selector 14, which becomes part of effective nozzle when engaged with nozzle 18 or in an embodiment where components are integrated) having an indexing notch (paragraph [0124]: “notches 90”; figure 3A: 90), wherein the alignment of the keyhole receiver (Annotated figure 5A: 86) and the indexing notch (figure 3A: notch 90) prevent the rotational movement of the nozzle when the nozzle control handle (figure 3A: selector 14) is manipulated between the disengaged position and the engaged position, and vice versa (paragraph [0124]: explains how coupling of notch 90 and detents 86 prevents rotational movement between selector 14 and lid body 12).
Regarding claim 4, Hirst discloses a food tube attachment device according to claim 3 as set forth above. Hirst further discloses, the coupling means and complimentary coupling means includes screw threads (paragraph [0101]: “The nozzle, selector, and valve body may be coupled or joined by, for example, fitting, snapping, threading, connecting, attaching, or fastening.”) on the nozzle (paragraph [0101]: nozzle 18) and complimentary screw threads on the nozzle control handle (paragraph [0101]: selector 14).
Regarding claim 5, Hirst discloses a food tube attachment device according to claim 4 as set forth above. Hirst further discloses at least one of the shell (Annotated figure 5A: “lid body top shell”) and the nozzle control handle (figure 3A: selector 14) includes a handle locking structure (Figure 3A and 3B: 62, 54, 51, 56, 60; paragraph [0115:] explains how complimentary structures like keys, notches and grooves on selector 14 and lid body 12 interlock when selector 14 and lid body 12 engage) to lock the nozzle control handle in the engaged position.
Regarding claim 11, the elements and their functionality contained within claim 11 are substantially similar presented in claims 1 through 5, except that that claim 11 sets forth the claimed invention as a method for assembling and using a device comprising elements presented in claim 1 through 5 for the said assembled device to perform the same function as presented in claims 1 through 5. Hirst discloses components of claim 11 (or claims 1 through 5) assembled and discloses how the assembled device functions (claims 16 – 20; Figure 1 and 6 - 13). Thus, claim 11 is rejected for the same reasons applied to claims 1 through 5 as set forth above.
Regarding claim 12, Hirst discloses a method for assembling and using a food tube attachment device according to claim 11 as set forth above. Additional limitations introduced in claim 12 are substantially similar to the those presented in claim 3 as both claim 3 and claim 12 have the same structural components with same functionality except that claim 12 sets forth the claimed invention as a method for assembling the device. Thus, claim 12 is rejected for the same reasons applied to claims 11 and claim 3 as set forth above.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 6, 7, 10, 13 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Hirst in view of Henchert (3282477).
Regarding claim 6, Hirst discloses a food tube attachment device according to claim 5 as set forth above. Hirst further discloses a circumferential lip (paragraph [0105]: annular flange 39; Figure 2A: 39).
Hirst does not disclose a nozzle cap that includes a nozzle receiver at one end of a tether and a loop at the other end of the tether for attaching the nozzle cap to the food tube attachment device.
Henchert teaches a dispensing nozzle with removable cap (column 3, line 5: “closure cap13”; Figure 1: 13) for receiving nozzle at one end of a tether (column 3, line 7: “connecting strap 14”, Figure 1: 14) and a loop (column 3, line 18: “annular flange 18”; Figure 1: 18) for attaching the nozzle cap assembly to the container.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the lid assembly 11 disclosed by Hirst by the teachings of Henchert to include a nozzle cap assembly comprising of nozzle cap, tether and connecting loop. This modification would provide nozzle opening necessary protection from contamination and physical damage.
Regarding claim 7, Hirst in view of Henchert discloses a food tube attachment device according to claim 6 as set forth above.
Hirst does not disclose shell’s exterior wall has a recessed area for connecting the loop of the nozzle cap to the shell.
Henchert further teaches an annular recess (column 3, line 20: annular recess 19, Figure 2 & 3: 19) for reception of connecting loop (Figure 1: annular flange 18).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the exterior of lid body top shell (Annotated figure 5A: “lid body top shell”) of Hirst to include an annular recess so that the connecting loop can snugly fit to the lid body and the nozzle cap can remain tethered to the lid assembly.
Regarding claim 10, Hirst in view of Henchert discloses a food tube attachment device according to claim 6 as set forth above.
Hirst does not disclose a nozzle cap handle attached to the end of the tether nearest the nozzle receiver.
Henchert further teaches nozzle cap handle (column 4, line 30-31: “lifting tab 42”; Figure 1: 42) attached to the end of the tether nearest the nozzle receiver (column 4, line 30-31: “the closure cap 13 is removed from the nozzle 12 by means of a lifting tab 42 which extends outwardly from the flange 31 in diametrical relation to the connecting strap 14.”; Figure 1: 41).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the nozzle cap assembly of Hirst in view of Henhert to add nozzle cap handle using the teaching of Henchert for making the opening and closing of nozzle with the nozzle cap easier.
Regarding claim 13, Hirst discloses a method for assembling and using a food tube attachment device according to claim 12 as set forth above.
Hirst does not disclose a nozzle cap and method of attaching nozzle cap to the shell.
Henchert teaches a removable nozzle cap assembly for a dispensing (column 3, line 5-18: describes different components of nozzle cap assembly; Figure 1 - 4) and demonstrates the cap assembly in use after getting attached on top shell (Figure 1-4: cap assembly attached to upped end of container 11).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the method of assembly disclosed by Hirst to add a step of attaching a nozzle cap assembly on top of the food container so that the nozzle cap assembly can be used for its intended application.
Regarding claim 14, Hirst in view of Henchert discloses a method for assembling and using a food tube attachment device according to claim 13 as set forth above.
Hirst further discloses a circumferential lip (paragraph [0105]: annular flange 39; Figure 2A: 39).
Hirst does not disclose the nozzle cap being placed on the top of the nozzle and being retained by a circumferential lip on the nozzle, and removed from the top of the nozzle at the user’s desire.
Henchert teaches a removable nozzle cap (column 3, line 5: “closure cap13”; Figure 1: 13) and the nozzle cap being placed on top of nozzle to cover the nozzle opening (column 2, line 61 – column 3, line 12; Figures 3 & 4)
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to place the nozzle cover on the nozzle and get it retained by the lip disclosed by Hirst whenever a user wants to close the nozzle opening and remove the nozzle cover whenever the user intends to use the nozzle for dispensing food.
Claim(s) 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Hirst in view of Henchert as applied to claim7 above, and further in view of Kipperman et al. (6991121) hereinafter Kipperman.
Regarding claim 8, Hirst in view of Henchert discloses a food tube attachment device according to claim 7 as set forth above.
Hirst in view of Henchert further discloses the nozzle control handle (Figure 2A: selector 14) being disc-shaped.
Hirst in view of Henchert does not disclose outer surface of selector body having knurled edges.
Kipperman teaches outer circumference of cap having ribs or knurling (column 3, line 62-63: “Outer circumference 54 of cap 50 may contain ribs or knurling 56”; Figure 2A: 56).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the nozzle control handle of Hirst in view of Henchert to add the knurling taught by Kipperman for providing a better grip for rotational movement of the nozzle control handle.
Regarding claim 9, Hirst in view of Henchert and Kipperman discloses a food tube attachment device according to claim 8 as set forth above.
Hirst further teaches that the gasket inside the cavity (Annotated figure 9: “cavity containing gasket inside”) of the shell (Annotated figure 9: “lid body top shell”) is compressed against the interior of the wall of the cavity by the food vessel wall (Annotated figure 9: 30) when the food tube attachment device (paragraph [0097]: “a lid 11”, Figure 2A & 2B: 11) is engaged with vessel 30 (Annotated figure 9: shows cross-sectional view of food tube attachment device being locked and engaged with food vessel 30).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. 20090159613 discloses a .
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FAISAL AHMED whose telephone number is (571)270-0113. The examiner can normally be reached Tue, Wed 9:00am-7:00pm and Thurs 8:30am-2:30pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisors, Craig M Schneider can be reached at (571) 272-3607 or Kenneth Rinehart can be reached at (571) 272-4881. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FAISAL AHMED/Examiner, Art Unit 3753
/CRAIG M SCHNEIDER/Supervisory Patent Examiner, Art Unit 3753
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