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 .
Drawings
The drawings are objected to because the an outer side wall of the elastic connecting structure, the middle part of the inner side wall of the fixing ring, and an inner side wall of the elastic connecting structure are mentioned in the claims, however, these features are not labeled in the drawings. 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 Objections
Claim 19 is objected to because of the following informalities: claim 19 line 2 "an cavity" should read "a cavity". 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 11-20 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 term “the fixing ring, the elastic connecting structure, and the sealing cover are sequentially connected from outside to inside” in claim 11 renders the claim indefinite. It is unclear what the modifier "sequentially" provides to the statement. Additionally, the elastic ring and sealing cover are part of the fixing ring. Therefore, would the term "connected" be able to apply to the fixing ring with respect to those elements? Claims 12-20 directly or indirectly depend from claim 11 and are also rejected.
The term “fixedly connected” in claim 16 renders the claim indefinite. How are features associated with the elastic connecting structure considered "fixedly connected"? The elastic connecting structure is deformable and intended to be movable with respect to the connecting structure. Therefore the elastic connecting structure would not have a fixed relationship relative to the sealing cover. Further, the application fails to identify the middle part, outer side wall, and inner side wall of the elastic connecting structure. So, it is unclear whether the elastic connecting structure can perform the intended function. Alternatively, this may mean that the elastic member is moveable within itself. For the purposes of examination, it shall be assumed that fixedly connected actually refers to the features being integral with one another.
Claim 16 recites the limitation "the middle part of the inner side wall" in line 2. There is insufficient antecedent basis for this limitation in the claim.
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.
Claim(s) 11-13 and 18-19 is/are rejected under 35 U.S.C. 102a(1) as being anticipated by Smith (WO 2006000739 A1).
With respect to claim 11, Smith discloses a lid, comprising: a fixing ring that comprises a sealing cover and an elastic connecting structure (see figure 3 below); the fixing ring, the elastic connecting structure, and the sealing cover are sequentially connected from outside to inside; at least one water outlet hole (18) is arranged on the elastic connecting structure; a middle part of the fixing ring is arranged with a water outlet (outlet created by item 22); and the elastic connecting structure (see figure 3 and 4) is used to change a position of the sealing cover, making the sealing cover close or open the water outlet .
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With respect to claim 12, Smith discloses the lid according to claim 11, wherein a first circular sealing strip (22) is arranged on an inner side wall of the fixing ring, an area surrounded by the first circular sealing strip forms the water outlet (outlet created by item 22); and when the sealing cover closes the water outlet (figure 4), the first circular sealing strip (22) abuts against the sealing cover (figure 3 including item 20).
With respect to claim 13, Smith discloses the lid according to claim 12, wherein a middle part (14) of the sealing cover is downward concave; and an inner side of the first circular sealing strip protrudes upward. (22 protrudes upward with respect to the inner side/lower surface)
With respect to claim 18, Smith discloses the lid according to claim 11, wherein a lid handle (6,16) is arranged on an upper part of the sealing cover.
With respect to claim 19, Smith discloses the lid according to claim 18, wherein the lid handle (6, 16) is columnar-shaped, an cavity is arranged inside the lid handle.
Claim(s) 11 and 16-17 is/are rejected under 35 U.S.C. 102a(1) as being anticipated by Collie (US 3658217 A).
With respect to claim 11, Collie discloses a lid, comprising: a fixing ring that comprises a sealing cover (18, 19) and an elastic connecting structure (17); the fixing ring, the elastic connecting structure, and the sealing cover are sequentially connected from outside to inside; at least one water outlet hole (26) is arranged on the elastic connecting structure; a middle part of the fixing ring is arranged with a water outlet (top portion of 4, inward projecting surface); and the elastic connecting structure (figure 1 to figure 3) is used to change a position of the sealing cover, making the sealing cover close or open the water outlet .
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With respect to claim 16, Collie discloses the lid according to claim 11, wherein an outer side wall of the elastic connecting structure is fixedly connected to the middle part of the inner side wall of the fixing ring (around joint 22); and an inner side wall of the elastic connecting structure is fixedly connected to an upper part of the sealing cover (portions around joint 23).
With respect to claim 17, Collie discloses the lid according to claim 16, wherein a plurality of the water outlet holes (26) are circumferentially arranged on the elastic connecting structure.
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) 14 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Smith (WO 2006000739 A1).
With respect to claim 14, Smith discloses the lid according to claim 11, wherein a second circular sealing strip (20) is arranged on a lower part of the sealing cover; a lower part of the inner side wall of the fixing ring is arranged with a circular protrusion (22, ring = circular protrusion); a middle part of the circular protrusion forms the water outlet (an inner perimeter of 22).
Smith failed to directly disclose the second circular sealing strip is in interference fit with the water outlet. However, Smith teaches of contact between items 20 and 22 in order to create a sealed connection (page 8 lines 25-27). Such a connection would be the result of a frictional fit such as interference fit. It would be understood to one skilled in the art that a sealed connection would be created by an interference fit of the two features as there are only a finite number of connections that would produce a sealed fit. It would have been obvious to try to one of ordinary skill in the art at the time the invention was made to have the second circular sealing strip is in interference fit with the water outlet since there are only a finite number of predictable solutions. Either there is an interference fit or an exact fit. Thus, making the second circular sealing strip is in interference fit with the water outlet would have been obvious because “a person of ordinary skill has good reason to pursue the known options within his or her technical grasp. If this leads to the anticipated success, it is likely that product was not of innovation but of ordinary skill and common sense. In that instance the fact that a combination was obvious to try might show that it was obvious under § 103." KSR, 550 U.S. at 421, 82 USPQ2d at 1397. See MPEP 2143.
With respect to claim 15, the references as applied to claim 14, above, disclose all the limitations of the claims. Smith further discloses wherein a middle part (14) of the sealing cover is downward concave; and a top of the second circular sealing strip (20) is fixedly connected with an edge of the sealing cover (can consider connection point an edge).
Claim(s) 20is/are rejected under 35 U.S.C. 103 as being unpatentable over Smith (WO 2006000739 A1) and Dibrell (US 3730399 A).
With respect to claim 20, the references as applied to claim 11, above, disclose all the limitations of the claims. Smith further discloses a cup (body belonging to 12), comprising a cup body and the lid according to claim 11. Smith failed to disclose of wherein a circular clamping groove is arranged on the lower part of the fixing ring, and an upper part of the cup body is clamped with the circular clamping groove. However, in a similar field of endeavor, namely cups, Dibrell taught of a cup with a clamping groove (19, 21) that is used to fasten the lid on the body of the cup (figure 1) in a non-spill manner (abstract/ title). Therefore, it would have been obvious to one of ordinary skill in the art of cups before the effective filing date of the claimed invention to substitute a circular clamping groove as taught by Dibrell in the closure of Smith since each individual element and its function are shown in the prior art, with the difference being the substitution of the elements. In the present case, both are intended to secure cups on bodies for spillproof purposes. Thus, one of ordinary skill in the art could have substituted the one known element for the other to produce a predictable result (MPEP 2143).
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US-3658217-A OR US-3730399-A OR US-3727808-A OR US-20150028043-A1 OR US-20180344064-A1 OR US-2829380-A
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SYMREN K SANGHERA whose telephone number is (571)272-5305. The examiner can normally be reached Mon - Fri.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Stashick can be reached on (571)272-4561. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SYMREN K SANGHERA/Examiner, Art Unit 3735
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