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 § 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 1-11 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.
The phrases “a discharging part ascended and descended …” and “the outlet being open and closed according to ascending and descending” in claim 1 and “the discharging part has a ring portion ascended and descended” in claim 9 are vague and confusing and indefinite because it is not clear how the discharging part is ascending and descending? How the outlet being open and closed according to ascending and descending?
Claim Rejections - 35 USC § 103
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 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) 1-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lautre et al. (6,974,053; hereinafter Lautre) in view of Duquet (8,534,509) and/or Masuda (6,688,495).
As to claim 1, Lautre discloses a container (1, 2) comprising a container part (2) for storing a content therein, a connection part (5) provided on top of the container part and having at least one or more inlets (Fig. 4) adapted to introduce the content thereinto, a discharging part (4) ascended and descended along the connection part and having an outlet for discharging the content, the outlet being open and closed according to ascending and descending, a cap part (13) located on top of the discharging part and having an insertion hole (14) adapted to insert the discharging part thereinto, and an elastic member (11) disposed between the discharging part and the cap part to apply an elastic force to the discharging part. Lautre also discloses the other limitations of the claims except for the elastic member is a bellows type member having a peak and troughs formed in a longitudinal direction thereof while being sealed on the peripheral surface thereof.
Duquet teaches a container (Fig. 1) comprising a container part (R), a connection part (3), a discharging part (2), a cap part (1), and an elastic member (27) comprises a bellows type member having a peak and troughs formed in a longitudinal direction of the container. Masuda teaches a container (Figs. 21-25) comprising a container part (40), a lid part (10), and an elastic member (81, 83) comprises a bellows type member having a peak and troughs formed in a longitudinal direction of the container. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention in view of Duquet and/or Masuda to modify the container of Lautre so the container is constructed with the elastic member comprises a bellows type member having a peak and troughs formed in a longitudinal direction thereof while being sealed on the peripheral surface thereof because the substitution of one known element for another would have yielded predictable results to one of ordinary skill in the art at the time of the invention.
As to claim 2, the container of Lautre as modified shows if the container part is pressurized, the content is introduced into the connection part through the inlets to allow the elastic member to be compressed so that the discharging part moves up to open the outlet (Fig. 4) and if the pressurization against the container part is released, the elastic member pressurizes the discharging part downward so the discharging part moves down to close the outlet (Fig. 3).
As to claims 3 and 4, the elastic member of Lautre as modified comprises a body having the peak and troughs and generating the elastic force when compressed, and a supporter located on the underside of the body to transfer the elastic force to the discharging part. The body is capable to be bent to first curvature between the peak and the adjacent trough as claimed, and the supporter extends downward and outward from the trough on the bottom of the body and is then bent inward from the underside thereof to second curvature different from the first curvature as claimed.
As to claim 5, the container of Lautre as modified discloses an inner upper peripheral surface of the body comes into close contact with the cap part and is supported against the cap part (see the elastic member of Lautre in Figs. 3-4), and an outer lower peripheral surface of the supporter comes into close contact with the discharging part and is supported against the discharging part.
As to claim 6, it appears that each of Duquet and Masuda discloses the container part comprises a soft storage part and a hard shoulder part coupled to a top of the storage part.
As to claims 7 and 8, Lautre further discloses the connection part comprises a seating portion (7) seated on top of the container part and having the inlets (Figs. 2 & 4) formed thereon, and an opening and closing rod (5) as claimed.
As to claim 9, Lautre further discloses the connection part comprises a peripheral wall (22) extending upward from a given region of the seating portion outside the inlets, and the discharging part has a ring portion (24) as claimed.
As to claim 10, Masuda teaches the cap part comprises a first cap part (Figs. 23-24) adapted to surround a connection part (80) and having an insertion hole formed on top thereof, and a second cap part as claimed (the second cap part hingedly connected to the first cap part as shown in Figs. 23-24).
As to claim 11, the container of Lautre as modified comprises top of the discharging part is aligned with top of the insertion hole or located inside the insertion hole, and if the container part is pressurized, the discharging part moves up and is thus exposed to the outside from the insertion hole.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LUAN K BUI whose telephone number is (571)272-4552. The examiner can normally be reached Generally M-F, 7-4.
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/LUAN K BUI/
Primary Examiner, Art Unit 3736