DETAILED ACTION
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(s) 1-8, 12-16, 19 are rejected under 35 U.S.C. 103 as being unpatentable over Lowry (US 20040000566 A1) in view of Sterling et al (US 20160244222 A1).
Claim 1, Lowry discloses a. a resiliently squeezable container (120) for housing the liquid composition; and
b. a base (110) operably connected to the container, wherein the base comprises an orifice (304);
wherein the body (110) of the base is at least partially made from an elastomer ([0041]).
But is silent on wherein the elastomer used in the base has a Shore A hardness of from about 0 to about 80, wherein the shore A hardness is measured using the method described in ISO 868:2003.
Sterling teaches natural rubber, synthetic rubber, silicone, silicone rubber, a thermoplastic elastomer, a thermoplastic vulcanizate, or combinations thereof ([0045]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Lowry with elastomer as taught by Sterling in order to provide polymeric material that can form a seal and resilient return to its original shape.
Claim 2, Lowry discloses wherein the body of the base is made from an elastomer ([0041]).
Claim 3, Lowry discloses wherein the body of the base and the resiliently squeezable container are co-molded together ([0041]).
Claim 4, Lowry discloses wherein the body of the base and the resiliently squeezable container are made from the same elastomer ([0039] to [0042]; Optionally maybe be made of different materials but can be made of the same elastomer).
Claim 5, the modified apparatus of Lowry discloses wherein elastomer used to at least partially make the body of the base is selected from the group consisting of: thermoplastic elastomer (Lowry: [0041]; Sterling [0045]), silicone rubber (Sterling [0045]), rubber (Sterling [0045]), or a combination thereof (Sterling [0045]).
Claim 6, Lowry discloses wherein the base (110) comprises a base wall (FIG 3), at least partially connected to the periphery of the bottom surface, and extending from the periphery of the bottom surface to a base wall rim, such that the bottom-dispensing package can rest on the base wall rim.
Claim 7, Lowry discloses wherein the base wall comprises an elastomer ([0041]).
Claim 8, Lowry discloses wherein the base wall is made of an elastomer ([0041]).
Claim 12-13, the modified apparatus of Lowry teaches thermoplastic elastomers (Lowry: [0041]; Sterling: [0045]).
Claim 14, Lowry discloses wherein the orifice comprises a slit-valve (306; FIG 5).
It would have been obvious to one having ordinary skill in the art at the time of the invention to adjust the “wherein the slit valve opens at a pressure differential of from about 10 to about 250 mbar measured at about 20 C” for the intended application as shown by Lowry, Paragraph [0050], since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. A particular parameter can be recognized as a result-effective variable, i.e., a variable which achieves a recognized result, and the determination of the optimum or workable ranges of said variable might be characterized as routine experimentation. It has been held that the discovery of the optimum value of a result effective variable in a known process is ordinarily within the skill in the art (see MPEP 2144.05.II.B.).
Claim 15, Lowry discloses wherein, the base does not comprise a cap (FIG 4).
Claim 16, the modified apparatus of Lowry discloses wherein the resiliently squeezable container is made from an elastomer wherein the elastomer is selected from the group consisting of: thermoplastic elastomer (Lowry: [0040]; Sterling [0045]), silicone rubber (Sterling [0045]), rubber (Sterling [0045]), or a combination thereof (Sterling [0045]).
Claim 19, the modified apparatus of Lowry discloses the same features as claimed above and is therefore inherently capable of storing and dispensing the same liquid detergent ([0002]) as claimed.
Claim(s) 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Lowry and Sterling as applied to claim 7 above, and further in view of Maxwell (US 20090283555 A1).
Claim 9, The modified apparatus of Lowry substantially discloses the apparatus as claimed above but is silent on the base wall comprises at least one hole and/or the base rim comprises at least one channel, such that the holes and/or channels connect the exterior base wall surface and the interior base wall surface of the base wall.
Maxwell teaches the base rim comprises at least one channel, such that the channels connect the exterior base wall surface and the interior base wall surface of the base wall (FIG 1-2).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the device of Lowry with channels as taught by Maxwell in order to provide helical threads to connect body and neck.
Claim 10, the holes are an optional feature that need not be disclosed when the channel are taught, see claim 9 above.
Claim 11, the modified apparatus of Lowry discloses wherein the base wall rim comprises from 1 to 8 channels (Maxwell: FIG 1-2).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Lowry and Sterling as applied to claim 1 above, and further in view of Heckman (US 3241727 A).
Claim 17, the modified apparatus of Lowry substantially discloses the apparatus as claimed above but is silent on wherein the resiliently squeezable container comprising a container wall, wherein the container wall of the resiliently squeezable container comprises an interior surface and an exterior surface, wherein the interior surface comprises at least one circumferentially oriented groove.
Heckman teaches wherein the resiliently squeezable container comprising a container wall, wherein the container wall of the resiliently squeezable container comprises an interior surface and an exterior surface, wherein the interior surface comprises at least one circumferentially oriented groove (26, 28; FIG 1).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Lowry with grooves as taught by Heckman in order to provide a bellows region to allow the container to expand and retract in response to pressure.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Lowry and Sterling as applied to claim 1 above, and further in view of Yoshino (JP 6153855 B2).
Claim 18, the modified apparatus of Lowry substantially discloses the apparatus as claimed above but is silent on wherein the container comprises a one-way vent, wherein the one-way vent allows the ingress of air into the container while preventing the egress of air from the container, wherein the one-way vent is positioned in the container top and/or in the container wall above a height of 90% of the height of the package.
Yoshino teaches wherein the container comprises a one-way vent, wherein the one-way vent allows the ingress of air into the container while preventing the egress of air from the container, wherein the one-way vent is positioned in the container top and/or in the container wall above a height of 90% of the height of the package (Air inlet valve 16 is placed on the opposite end of the dispensing valve 20d and therefore would be placed in the top of Lowry; [0029]; FIG 4).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Lowry with vent as taught by Yoshino in order to provide for pressure equalization during dispensing and thereby allow for smooth flow during dispensing.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEREMY W CARROLL whose telephone number is (571)272-4988. The examiner can normally be reached M-F 8 AM - 5 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Paul Durand can be reached at (571) 272-4459. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JEREMY W. CARROLL
Primary Examiner
Art Unit 3754
/Jeremy Carroll/Primary Examiner, Art Unit 3754