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 Objections
Claim 1 is objected to because of the following informalities: In claim 1, lines 9-10, the phrase “through which channel the male portion extends” should read “through which the male portion extends” or “the male portion extends through the channel and engages…” or similar language, to remain consistent in referring to the channel previously introduced. Appropriate correction is required.
Claim Rejections - 35 USC § 112
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 1-19 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.
Regarding claim 1, the claim recites “the male portion” in line 10. There is insufficient antecedent basis for this limitation in the claim, since a male portion has not specifically been introduced. Therefore, the scope of the claim is indefinite. For examination purposes, the phrase is interpreted to refer to a portion of the male member previously introduced.
Regarding claim 11, the claim recites “the male portion” in line 10. There is insufficient antecedent basis for this limitation in the claim, since a male portion has not specifically been introduced. Therefore, the scope of the claim is indefinite. For examination purposes, the phrase is interpreted to refer to a portion of the male member previously introduced.
Regarding claim 16, the claim recites “an intermediate member” in line 4. It is unclear whether the phrase is referring to the intermediate member previously introduced, or introducing a new, separate intermediate member. Therefore, the scope of the claim is indefinite. For examination purposes, the phrase is interpreted to refer to the intermediate member previously introduced.
Claims 2-10 and 12-15 and 17-19 are indefinite due to their dependencies on indefinite base claims 1 and 11.
Claim Rejections - 35 USC § 102
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.
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) 1-7, 9 and 11-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nummer (DE9107347U1, translation provided).
Regarding claim 1, Nummer discloses (paras. [0001]-[0035]; figs. 1-8) a pacifier (fig. 8) comprising:
- a male member (locking bolt 4, para. [0024]; fig. 1);
- a shield (2) having a shield opening (6) having a width (W1) (encompasses at least a width at proximal end of opening 6);
- a nipple (1) extending through the shield opening (fig. 1) and having a nipple opening (5) provided in a proximal end portion (fig. 1);
wherein the male member extends through the nipple opening and through the shield opening (depicted in fig. 2);
wherein the pacifier comprises an intermediate member (3) extending through the shield opening (figs. 1-2), wherein the intermediate member comprises a channel (9, para. [0025]), through which channel the male portion extends and engages with the intermediate member (fig. 2) and hereby lockingly attaches the nipple to the shield (para. [0034]), wherein a width (W2) of the intermediate member (encompasses width at distal end of sleeve 3, fig. 2) is larger than the width (W1) of the shield opening (depicted as larger than a width of opening 6 at the proximal end, para. [0034]; fig. 2).
Regarding claim 2, Nummer discloses the pacifier according to claim 1. Nummer further discloses wherein the intermediate member comprises two spaced apart sections separated by a gap (see walls of 3, considered to be spaced apart due to opening 9 extending within sleeve 3, figs. 6-7).
Regarding claim 3, Nummer discloses the pacifier according to claim 1. Nummer further discloses wherein the intermediate member comprises a cylindrical proximal end portion (collar 8, para. [0025]; figs. 6-7) and a body portion (portion of sleeve 3 extending from collar 8) extending therefrom (figs. 6-7).
Regarding claim 4, Nummer discloses the pacifier according to claim 1. Nummer further discloses wherein a protruding structure (annotated fig. 1) having a support surface (surface of protruding structure) is provided in the shield opening (fig. 1), wherein the protruding structure is arranged and configured to engage with the nipple (at ring bead 17, para. [0032]; figs. 1-2) and protrusion structures (collar 8) of the intermediate member (considered to engage collar 8 of sleeve 3 via proximal portion of mouthpiece 1, figs. 1-2).
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Annotated Figure 1 of Nummer
Regarding claim 5, Nummer discloses the pacifier according to claim 1. Nummer further discloses wherein the male member comprises a conical distal portion (fig. 1) onto which a flanged portion (13, para. [0029]) is provided.
Regarding claim 6, Nummer discloses the pacifier according to claim 5. Nummer further discloses wherein an indentation (14, para. [0029]) is provided in protrusions of the intermediate member (portion of sleeve 3 considered to protrude at least distally, figs. 1-2), wherein the flanged portion lockingly engages with the indentation (para. [0029]).
Regarding claim 7, Nummer discloses the pacifier according to claim 1. Nummer further discloses wherein the male member comprises a proximal cylindrical portion (proximal end, fig. 1) that is attached to a cap (11).
Regarding claim 9, Nummer discloses the pacifier according to claim 1. Nummer further discloses wherein the nipple comprises a flange (17) provided in the proximal end portion (fig. 1).
Regarding claim 11, Nummer discloses (paras. [0001]-[0035]; figs. 1-8) a method for manufacturing a pacifier (paras. [0032]-[0034]) comprising a male member (locking bolt 4, para. [0024]; fig. 1), a shield (2) having a shield opening (6), and a nipple (1) extending through the shield opening (fig. 1) and having a nipple opening (5) provided in a proximal end portion (fig. 1), the method comprising:
- lockingly inserting the male member through the nipple opening and the shield opening (para. [0034]);
- inserting the nipple through the shield opening (para. [0032]);
- inserting an intermediate member (3) through the nipple opening and through the shield opening (paras. [0032]-[0034]); and
- inserting the male portion through a channel of the intermediate member such that the male portion extends through and engages with the intermediate member (para. [0034]), thereby lockingly attaching the nipple to the shield (para. [0034]).
Regarding claim 12, Nummer discloses the method according to claim 11. Nummer further discloses wherein the intermediate member comprises an end portion (collar 8, para. [0025]; figs. 6-7) provided with a channel (9).
Regarding claim 13, Nummer discloses the method according to claim 11. Nummer further discloses wherein the intermediate member comprises two spaced apart sections separated by a gap (see walls of 3, considered to be spaced apart due to opening 9 extending within sleeve 3, figs. 6-7).
Regarding claim 14, Nummer discloses the method according to claim 11. Nummer further discloses wherein the intermediate member comprises a cylindrical proximal end portion (collar 8, para. [0025]; figs. 6-7) and a body portion (portion of sleeve 3 extending from collar 8) extending therefrom (figs. 6-7).
Regarding claim 15, Nummer discloses the method according to claim 14. Nummer further discloses wherein the intermediate member comprises protrusions (annotated fig. 6) protruding radially from the body portion (fig. 6), wherein the protrusions are arranged and configured to lockingly engage with the shield opening (depicted in figs. 1-2) hereby preventing the intermediate member from being retracted from the shield opening (para. [0034]).
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Annotated Figure 6 of Nummer
Regarding claim 16, Nummer discloses the method according to claim 11. Nummer further discloses wherein a protruding structure (annotated fig. 1) having a support surface (surface of protruding structure) is provided in the shield opening (fig. 1), wherein the protruding structure is arranged and configured to engage with the nipple (at ring bead 17, para. [0032]; figs. 1-2) and protrusion structures (collar 8) of an intermediate member (considered to engage collar 8 of sleeve 3 via proximal portion of mouthpiece 1, figs. 1-2).
Regarding claim 17, Nummer discloses the method according to claim 11. Nummer further discloses wherein the male member comprises a conical distal portion (fig. 1) onto which a flanged portion (13, para. [0029]) is provided.
Regarding claim 18, Nummer discloses the method according to claim 17. Nummer further discloses wherein an indentation (14, para. [0029]) is provided in protrusions of the intermediate member (portion of sleeve 3 considered to protrude at least distally, figs. 1-2), wherein the flanged portion lockingly engages with the indentation (para. [0029]).
Regarding claim 19, Nummer discloses the method according to claim 11. Nummer further discloses wherein the male member comprises a proximal cylindrical portion (proximal end, fig. 1) that is attached to a cap (11).
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) 8 is rejected under 35 U.S.C. 103 as being unpatentable over Nummer in view of Spence, Jr. (US 5292336).
Regarding claim 8, Nummer discloses the pacifier according to claim 7.
Nummer further discloses a handle ring (retaining ring, para. [0027]) attached to the cap (para. [0027]).
However, Nummer fails to disclose the handle ring rotatably attached to the cap.
Spence, Jr. teaches (col. 1 lines 4-34; figs. 1-2), in the same field of endeavor, a pacifier (fig. 1) comprising a handle ring (19) rotatably attached to a cap (17), for the purpose of allowing a child or adult to easily carry the pacifier and still use it in its intended fashion (col. 1 lines 14-17).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the retaining ring of Nummer to be rotatably attached to the cap, in order to allow a child or adult to easily carry the pacifier and still use it in its intended fashion, based on the teachings of Spence, Jr. (col. 1 lines 14-17).
Claim(s) 10 is rejected under 35 U.S.C. 103 as being unpatentable over Nummer in view of Rohrig (US 2011/0125190 A1).
Regarding claim 10, Nummer discloses the pacifier according to claim 1.
Nummer further discloses wherein the nipple is made of a soft elastic material (para. [0024]).
However, Nummer fails to disclose wherein the nipple is made of silicone.
Rohrig teaches (para. [0042]; fig. 2a), in the same field of endeavor, a pacifier (fig. 2a) comprising a nipple (5) made of silicone (para. [0042]), for the purpose of forming the teat of an appropriate elastic material for use (para. [0042]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the nipple of a soft elastic material such as silicone, in order to form the nipple of an appropriate elastic material for use by a child when desired, based on the teachings of Rohrig (para. [0042]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 4078570 to Frodrich, disclosing a pacifier.
US 4381785 to Robbins, disclosing a pacifier.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIGID K BYRD whose telephone number is (571)272-7698. The examiner can normally be reached Mon-Fri 8:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Darwin Erezo can be reached at (571)-272-4695. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRIGID K BYRD/Examiner, Art Unit 3771
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