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 Objections
Claim 7 is objected to because of the following informalities: improper grammar “wherein thin-walled wall surfaces of the bucket-type thin-walled cone is a continuous surface… Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 7 and 8 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Claim 7 requires that “when the first end face and the second end face are in a close state without the action of external force, air-permeable through holes are formed at a crease produced by nesting of the barrel-shaped thin-walled cone”, however, claims 1, 2, and 4 (from which claim 7 ultimately depends), recite (claim 1:) “the pushing connection portion is connected between the piston and the opening sealing portion; and the pushing connection portion provides elastic thrust F, such that the piston has a movement trend towards the biting and sucking area”, (claim 2:) “the barrel-shaped thin-walled cone can elastically deform and form a nested structure”, and (claim 4:) “the piston push rod is disposed on the back piston surface and extends in an opposite direction of the elastic thrust F”. Therefore, the elastic force is recited as elastically biasing the piston toward the biting and sucking area (upwards in Applicant’s Fig. 5) and as such would require an external force to achieve the nested structure described in claim 2. However, claim 7 states that the nested structure is achieved “without the action of external force”. Without external force, the piston is biased towards the biting area i.e. away from the nested structure as required by claims 1 and 2, and the disclosure does not enable one of ordinary skill in the art to achieve the claimed structure wherein the nested structure is a stable configuration while being biased toward the biting area. Therefore, claim 7 cannot be treated on the merits.
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.
Claims 7, 8, 9, 10, 11, 12, 13, and 14 are 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.
Claim 7 recites the limitation "the bucket-type thin-walled cone". There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "the upper end face thereof". There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "the annular piston surface". There is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites the limitation "the thin-walled wall surfaces". There is insufficient antecedent basis for this limitation in the claim.
Claim 12 recites the limitation "the compression and nesting process". There is insufficient antecedent basis for this limitation in the claim.
Claim 14 recites the limitation "the sealing surface of the opening sealing portion". There is insufficient antecedent basis for this limitation in the claim.
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.
Claim(s) 1 and 14 is/are rejected under 35 U.S.C. 102(a})(1) as being anticipated by US Patent No. 5,843,030 (Van Der Merwe hereinafter).
In re claim 1, with reference to Fig. 5 below, Van Der Merwe discloses: An infant and toddler feeder, comprising: a first main body (40, 46, 47); and a second main body (50, 60, 61, 62); wherein the first main body has a food pouch (within 46, 56) and a filling opening (at open end of 46); the food pouch comprises a biting and sucking area (40) and a cylindrical temporary storage area (41); the filling opening is disposed at one end of the cylindrical temporary storage area, and the biting and sucking area is disposed at the other end of the cylindrical temporary storage area (see fig. 5); the second main body has an opening sealing portion (50), a piston (60, 61), and a pushing connection portion (62); the opening sealing portion is matched with the filling opening for connecting the filling opening and sealing the filling opening (see fig. 5); the piston is matched with an inner cavity of the cylindrical temporary storage area to form a connection structure of the piston (piston coaxial with cylindrical area, and connected via opening sealing portion 50 to cylindrical area, thereby broadly interpreted as “matched”, See Fig. 5); the pushing connection portion (62) is connected between the piston (60) and the opening sealing portion (50); and the pushing connection portion provides elastic thrust F, such that the piston has a movement trend towards the biting and sucking area (columns 8-9, lines 66-5).
[AltContent: textbox (Plunger Sealing Main Body)][AltContent: arrow]
PNG
media_image1.png
524
378
media_image1.png
Greyscale
PNG
media_image2.png
728
485
media_image2.png
Greyscale
In re claim 14, with reference to the Fig. noted above, Van Der Merwe discloses the claimed invention including wherein [the] a sealing surface of the opening sealing portion has a plunger sealing main body (vertical interior surface of 46) and a limiting assembly (59); the limiting assembly (59) is disposed on a surface of the plunger sealing main body (See Fig. 4 above); and the limiting assembly is a local protrusion (see Fig. 4 above).
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.
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) 10 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Van Der Merwe as applied to claim 1 above, and further in view of US PG Pub No. 2018/0256454 (Badger hereinafter).
In re claim 10, with reference to the Fig. noted above, Van Der Merwe discloses the claimed invention except wherein one or more of inner cavity surfaces of the annular piston surface and/or the cylindrical temporary storage area, a sealing surface of the opening sealing portion, and/or an inner cavity surface of the filling opening further comprise: anti-adhesion surface micro-marks; and the anti-adhesion surface micro-marks are surface texture and/or a concave-convex particle structure.
However, Badger discloses a hygienic infant and toddler soother formed rubber, latex, or silicone, and includes a texture on surfaces to prevent artifacts from adhering to the silicone surface (paragraph 0042).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have modified the surfaces of Van Der Merwe to have included anti-adhesion marks/texture to the material as taught by Badger for the purposes of preventing artifacts from adhering to inner and/or outer surfaces of the device to prevent contamination thereof (Badger, paragraph 0042).
In re claim 11, with reference to the Fig. noted above, Van Der Merwe discloses the claimed invention except wherein inner surfaces of [the] thin-walled wall surfaces further comprise: anti-adhesion surface micro-marks; the anti-adhesion surface micro-marks are surface texture and/or a concave-convex particle structure; and the inner surfaces of the thin-walled wall surfaces are surfaces in communication with the cylindrical temporary storage area.
However, Badger discloses a hygienic infant and toddler soother formed rubber, latex, or silicone, and includes a texture on surfaces to prevent artifacts from adhering to the silicone surface (paragraph 0042).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have modified the surfaces of Van Der Merwe to have included anti-adhesion marks/texture to the material as taught by Badger for the purposes of preventing artifacts from adhering to inner and/or outer surfaces of the device to prevent contamination thereof (Badger, paragraph 0042).
Allowable Subject Matter
Claims 2, 3, 4, 5, and 6 are 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW T KIRSCH whose telephone number is (571)270-5723. The examiner can normally be reached Mon-Fri, 9a-5p EST.
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, 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.
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.
/ANDREW T KIRSCH/Primary Examiner, Art Unit 3733