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 .
Drawings
The drawings are objected to as failing to comply with C.F.R 1.84(h)(3) because hatching must be used to indicate section portions of an object, and must be made by regularly spaced oblique parallel lines spaced sufficiently apart to enable the lines to be distinguished without difficulty. MPEP 608.02 V. It appears that the left side of the center of the box body in figure 4 was not hatched.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the rotatable member mounted through the first through hole of claim 1, the rotatable member being capable of abutting a bottom surface of the top lid of claim 1, the rotatable member being movable upward of claim 1 [see figure 4 where the rotatable member is blocked from upward movement by the accessory], a hollow column mounted at a center of the bottom surface of the top lid with the rotatable member being capable of abutting the bottom surface of the top lid of claims 11 and 12 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to under 37 CFR 1.83(a) because they fail to show the rotatable member mounted through the first hole, the rotatable member contacting the bottom of the top lid, the top lid comprises a snap structure, when the snap structure is inserted into the first through hole the top lid will be fixed on the upper lid, when the first block of the rotatable member is aligned with the first opening the rotatable member is capable of moving upwardly to contact the snap structure on the bottom surface of the top lid, the rotatable member comprises two first blocks in the vertical direction, one of the first blocks snaps into the hollow column structure of the top lid, the other first block snaps into the accessory, the first blocks snapped into the hollow column structure of the top lid and into the accessory making the childproof pill container unable to be opened when closed, the top lid departs from the aperture [impossible as the aperture is part of the top lid], the rotatable member and the accessory in the childproof lock installed in the top lid and upper lid, when the first block of the rotatable member is rotated to fit into the first opening of the accessory the rotatable member can be pushed to eject the top lid [the first block is shown above the first opening and is therefore not rotatable to fit into the first opening], to close the pill container the pick 70 is moved inward [moving of the pick inward alone does not close the pill container, but rather appears to prevent rotation of the rotatable member], to open the pill container the pick can be pushed outward [moving of the pick outward alone does not open the pill container], and when the two marks and the third recess are aligned the user can open the top lid by rotating the rotatable member [rotation alone cannot open the top lid according to the remainder of the Specification which states “the childproof pill container requires rotating and pushing the rotatable member] as described in the specification. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1-12 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.
The limitation of claim 1 of “the rotatable member being capable of abutting a bottom surface of the top lid” fails to comply with the enablement requirement. The original disclosure provides that “the rotatable member 50 is capable of moving upwardly to contact the snap structure on the bottom surface of the top lid 10. The rotatable member 50 is capable of pushing the snap structure upwardly … In another embodiment, the bottom surface of the top lid 10 comprises a hollow column structure”. In the first embodiment the snap structure is what is disclosed as being contacted, not the bottom surface of the top lid. Further, the figures do not depict any such snap structure. In the second embodiment the hollow column structure extends from the bottom surface of the top lid and it is the hollow column structure that is being contacted, not any bottom surface of the top lid. When viewing the original figures, the permitted vertical travel of the rotatable member is too small to reach the bottom surface of the top lid. Additionally, the hollow column structure provides a barrier between the rotatable member and the bottom surface of the top lid. How can the rotatable member abut a bottom surface of the top lid when the hollow column structure is between the rotatable member and the bottom surface of the top lid and blocks vertical travel of the rotatable member towards the bottom surface of the top lid? The Wands factors of MPEP 2164.01(a) have been considered. Based upon the state of the prior art presented in the attached PTO-892, the level of ordinary skill in the art presented in those references, the level of predictability (strong in the mechanical arts), and the amount of direction provided (as presented above), the quantity of experimentation needed to make the claimed invention commensurate in scope with the claims is undue.
The limitation of claims 11 and 12 that “the top lid comprises a hollow column mounted on a center of the bottom surface of the top lid” while claim 1 requires “the rotatable member being capable of abutting a bottom surface of the top lid” fails to comply with the enablement requirement. Nowhere does the original disclosure provide how the bottom surface of the top lid can both have a hollow column and be capable of being abutted by the rotatable member. The figures do not show the rotatable member being capable of abutting a bottom surface of the top lid that the hollow column structure is provided at.
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 2-4, 6, 8, 10, 12 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 2 recites the limitation "the bottom" in line 6. There is insufficient antecedent basis for this limitation in the claim.
Claim 3 recites the limitation "the hollow accessory" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites the limitation "the hollow accessory" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claims 6, 8, 10, and 12 are led to be rejected in that they depend from claim 4 which was found to be indefinite.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20250236451 is considered pertinent to claim 9-10, US 20030038053 and US 5782359 are considered pertinent to childproof pill containers having a top lid over separate lids, US 20050205595, US 11365037, US 5322166, US 3393795, US 5226539, FR 1033476, and US 5782359 are considered pertinent to childproof pill containers with multiple compartments evenly surrounding a through hole.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALLAN D STEVENS whose telephone number is (571)270-7798. The examiner can normally be reached Monday-Friday 12-8 ET.
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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.
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/ALLAN D STEVENS/Primary Examiner, Art Unit 3736