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 § 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, 3, 5 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Williams et al. (U.S. Patent No. 4761379) in view of Edwards (U.S. Patent No. 3667573).
Regarding Claim 1, Williams et al. disclose a funnel storage device 10 (Figure 2) including: a tubular member 12 (Figure 2) including a first end portion (Figure 2) and a second end portion (Figure 2); a receiving member 20 (Figure 2) connected to the first end portion (Figure 2), in communication with an interior of the tubular member (Figure 2), and tapering in a direction toward the first end portion (Figure 2); and a base 30 (Figure 2) connected to the second end portion (Figure 2), not in communication with the interior of the tubular member (Figure 5), and expanding in a direction away from the second end portion (Figure 2); the receiving member includes a receiving portion (Figure 2) and an insertion portion (Figure 2), the receiving portion includes an opening tapering toward the insertion portion (Figure 2), the insertion portion and the first end portion are interconnected with each other (Figure 1 and 5), and the opening is in communication with the interior of the tubular member (Figure 5). Williams et al. does not disclose at least one first fastener is inserted in and connects the insertion portion and the first end portion. However, Edwards teaches at least one first fastener 28 (figure 1) is inserted in and connects the insertion portion and the first end portion (figure 1). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Williams et al. to include the above, as taught by Edwards, since it’s obvious to use alternative fasteners/connection to attach components (MPEP 2144.03).
Regarding Claim 3, Williams et al. discloses an outer diametric dimension of the insertion portion is smaller than an outer diametric dimension of the receiving portion (Figure 2), a shoulder 16 (Figure 5) is disposed at a junction between the insertion portion and the receiving portion (Figure 2 and 5), and the shoulder is axially abutted against the first end portion of the tubular member (Figure 5).
Regarding Claim 5, Williams et al. discloses a funnel storage device 10 (Figure 2) including: a tubular member 12 (Figure 2) including a first end portion (Figure 2) and a second end portion (Figure 2); a receiving member 20 (Figure 2) connected to the first end portion (Figure 2), in communication with an interior of the tubular member (Figure 2), and tapering in a direction toward the first end portion (Figure 2); and a base 30 (Figure 2) connected to the second end portion (Figure 2), not in communication with the interior of the tubular member (Figure 5), and expanding in a direction away from the second end portion (Figure 2); the base includes a seat (Figure 5) and a connection portion (Figure 5), an outer diametric dimension of the seat expands in the direction away from the second end portion (Figure 5), the connection portion is positioned within the seat and configured to prevent communication between the interior of the tubular member and the seat (Figure 5), and the tubular member and the connection portion are sleeved with each other (Figure 5). Williams et al. does not disclose wherein the funnel storage device further includes at least one fastener, and the at least one fastener is inserted in and connects the tubular member and the connection portion. However, Edwards teaches at least one fastener 28 (figure 1), and the at least one fastener is inserted in and connects the tubular member and the connection portion (Figure 1). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Williams et al. to include the above, as taught by Edwards, since it’s obvious to use alternative fasteners/connection to attach components (MPEP 2144.03).
Regarding Claim 6, Williams et al. discloses the connection portion and the seat are integrally formed of one piece (Figure 5).
Claim(s) 1, 5 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fay (U.S. Patent No. 4589548) in view of Edwards (U.S. Patent No. 3667573).
Regarding Claim 1, Fay discloses a funnel storage device 12 (Figure 1) including: a tubular member 14 (Figure 1) including a first end portion and a second end portion (Figure 1); a receiving member 24 (Figure 1) connected to the first end portion (Figure 1), in communication with an interior of the tubular member (Figure 2), and tapering in a direction toward the first end portion (Figure 2); and a base 42 (Figure 1) connected to the second end portion (Figure 1), not in communication with the interior of the tubular member (Figure 2), and expanding in a direction away from the second end portion (Figure 2); the receiving member includes a receiving portion (Figure 2) and an insertion portion (Figure 2), the receiving portion includes an opening tapering toward the insertion portion (Figure 2), the insertion portion and the first end portion are interconnected with each other (Figure 1 and 5), and the opening is in communication with the interior of the tubular member (Figure 5). Fay does not disclose at least one first fastener is inserted in and connects the insertion portion and the first end portion. However, Edwards teaches at least one first fastener 28 (figure 1) is inserted in and connects the insertion portion and the first end portion (figure 1). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Fay to include the above, as taught by Edwards, since it’s obvious to use alternative fasteners/connection to attach components (MPEP 2144.03).
Regarding Claim 5, Fay discloses a funnel storage device 10 (Figure 2) including: a tubular member 12 (Figure 2) including a first end portion (Figure 2) and a second end portion (Figure 2); a receiving member 20 (Figure 2) connected to the first end portion (Figure 2), in communication with an interior of the tubular member (Figure 2), and tapering in a direction toward the first end portion (Figure 2); and a base 30 (Figure 2) connected to the second end portion (Figure 2), not in communication with the interior of the tubular member (Figure 5), and expanding in a direction away from the second end portion (Figure 2); the base includes a seat (Figure 2) and a connection portion (Figure 2), an outer diametric dimension of the seat expands in the direction away from the second end portion (Figure 2), the connection portion is positioned within the seat and configured to prevent communication between the interior of the tubular member and the seat (Figure 2), and the tubular member and the connection portion are sleeved with each other (Figure 2). Fay does not disclose wherein the funnel storage device further includes at least one fastener, and the at least one fastener is inserted in and connects the tubular member and the connection portion. However, Edwards teaches at least one fastener 28 (figure 1), and the at least one fastener is inserted in and connects the tubular member and the connection portion (Figure 1). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Fay to include the above, as taught by Edwards, since it’s obvious to use alternative fasteners/connection to attach components (MPEP 2144.03).
Regarding Claim 7, Fay discloses the seat includes a column 84 (Figure 2), a cover 76 (Figure 3) and a plurality of ribs 56/58 (Figure 3), the cover includes a top portion (Figure 2 )and a circumferential portion (Figure 2), the connection portion and the column are disposed on opposing sides of the top portion (Figure 2), and the plurality of ribs are connected to and between the column and the circumferential portion to form a plurality of chambers (Figure 1).
Applicant is duly reminded that a complete response must satisfy the requirements of 37 C.F. R. 1.111, including: “The reply must present arguments pointing out the specific distinctions believed to render the claims, including any newly presented claims, patentable over any applied references. A general allegation that the claims “define a patentable invention” without specifically pointing out how the language of the claims patentably distinguishes them from the references does not comply with the requirements of this section. Moreover, “The prompt development of a clear Issue requires that the replies of the applicant meet the objections to and rejections of the claims.” Applicant should also specifically point out the support for any amendments made to the disclosure. See MPEP 2163.06 II(A), MPEP 2163.06 and MPEP 714.02. The ''disclosure'' includes the claims, the specification and the drawings.
Allowable Subject Matter
Claim 10 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.
Claim 9 is allowed.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 3, 5, 6 and 7 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH J VOLZ whose telephone number is (571)270-5430. The examiner can normally be reached Monday-Friday 11am-7pm est.
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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.
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/ELIZABETH J VOLZ/Examiner, Art Unit 3733
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