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 .
DETAILED ACTION
Restriction
Applicant’s election without traverse of Invention II, Claims 8-16, in the reply filed on February 13, 2026 is acknowledged. Claims 1-7 and 17-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected inventions, and there being no allowable generic or linking claim. Election was made without traverse in the reply filed on February 13, 2026.
Specification
The disclosure is objected to because of the following informality: Paragraph 62 Line 2 could read, “…valve 1508 ….” Appropriate correction is required.
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.
Claims 8, 9, and 12-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Frisch (7,225,938).
Re Claim 8, Frisch – a dual chamber nursing bottle – discloses a baby bottle [10] for holding and delivering a fluid, the baby bottle comprising: a bottle [12] defining a longitudinal axis and a first reservoir; a cap [16] removably coupled to the bottle; a nipple [20] defining a second reservoir that is in fluid communication with the first reservoir; and a valve assembly [18] disposed in the cap, the valve assembly including a valve that is moveable between a first position, in which the fluid is inhibited from moving between the first reservoir and the second reservoir, and a second position, in which the fluid is permitted to move between the first reservoir and the second reservoir under gravitation force [Col. 3 Lines 7-14].
Re Claim 9, Frisch discloses the nipple forms a seal with the cap [at flange 33, Fig. 3].
Re Claim 12, Frisch discloses the valve is a poppet-style valve [Fig. 2].
Re Claim 13, Frisch discloses the valve assembly further includes: an actuator that moves a direction substantially perpendicular to the longitudinal axis [Fig. 2], and a cammed body [56] that moves in response to movement of the actuator and slides against the valve to move the valve between the first position and the second position [causing the slit 60 to open].
Re Claim 14, Frisch discloses the actuator is movable between an extended state and a depressed state using a finger of a user's hand holding the baby bottle [Col. 3 Lines 7-14], wherein the actuator is biased towards the extended state [biased by flaps 50].
Re Claim 15, Frisch discloses the valve includes a stem with an aperture [48], wherein the cammed body slides against an inner periphery of the aperture [along surface 52] when moving the valve between the first position and the second position.
Re Claim 16, Frisch discloses the actuator extends through the cap [Fig. 2].
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.
Allowable Subject Matter
Claims 10 and 11 are objected to as being dependent upon rejected base claim 8, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Ruth (2004/0188372).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT J HICKS whose telephone number is (571)270-1893. The examiner can normally be reached Mon - Fri 8:30-5:00.
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/ROBERT J HICKS/Primary Examiner, Art Unit 3736