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 .
Election/Restrictions
Applicant's election with traverse of Group I, claims 1-9 and 18-20 in the reply filed on 01/30/2026 is acknowledged. The traversal is on the ground(s) that the groups share a special technical features. This is not found persuasive in view of the rejection below.
The requirement is still deemed proper and is therefore made FINAL.
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 1-9 and 18-20 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.
Claim 1 recites the limitation "the neck" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites “an extension less than 3 mm parallel to the longitudinal axis, and being interrupted in the first connecting zone”. It is unclear if the separating stretch or the extension is interrupted by the first connecting zone.
Claim 4 recites “alternatively”. It is unclear if all the features after this are alternative or if the features after this are alternative to each other.
Claim 4 recites “a connecting element and an additional connecting element”. It is unclear if these are the same connecting elements previously recited in claim 3.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-9 and 18-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Scherer et al. (US-20240025095-A1).
Scherer discloses:
1. A cap (10) for a container (38), comprising: - a body (14) configured to be coupled and uncoupled relative to a neck of the container and including a side wall (32), internally threaded (Fig. 6) and extending around a longitudinal axis between a first and a second end, and a transverse wall (12) joined to the first end of the side wall; - a tamper evident ring (16), configured to engage a locking member on the neck of the container, so that the tamper evident ring remains attached to the neck of the container even when the cap body is uncoupled from the neck (par. 0046); - a joining zone (at 48), where the tamper evident ring is joined to the cap body (Fig. 1), the joining zone being configured to be torn at least partly along a perimeter surrounding the longitudinal axis in response to a displacement of the body away from the tamper evident ring (par. 0039), wherein the joining zone includes - a tether (20a), including a first end, connected to the tamper evident ring in a first connecting zone forming part of the tamper evident ring (at 42), a second end, connected to the body in a second connecting zone forming part of the side wall of the body (at 22), a first flank and a second flank opposite to the first flank (Fig. 2), - a first narrow thickness zone (top surface of 16, a zone does not have to a be a separate structure) that is thinner than the tether, the tamper evident ring and the side wall of the body, the first narrow thickness zone extending around the longitudinal axis (Fig. 2), along the first flank of the tether, to connect the first flank of the tether to the tamper evident ring, along the second connecting zone and beyond the second connecting zone and the second end of the tether, to form a separating stretch that connects the tamper evident ring to the side wall of the body, the separating stretch having, in at least one portion of it, an extension less than 3 mm parallel to the longitudinal axis, and being interrupted in the first connecting zone (Fig. 2, since the zone is the top surface), - a second narrow thickness zone (bottom edge of 14), extending angularly around the longitudinal axis along a stretch running from the second end of the tether to the first connecting zone, so that the second narrow thickness zone connects the second flank of the tether and the first connecting zone to the side wall of the body (at 36), wherein the first narrow thickness zone and second narrow thickness zone are configured to be torn in response to the displacement of the body away from the tamper evident ring (par. 0034).
2. The cap according to claim 1, wherein the joining zone comprises an additional tether (20b), including: - a first end, connected to the tamper evident ring in the first connecting zone (at 44); - a second end, connected to the body in the second connecting zone (at 24); - a first flank and a second flank opposite to the first flank (Fig. 2), wherein the first narrow thickness zone extends also along the first flank of the additional tether, to connect the first flank of the additional tether to the tamper evident ring, and beyond the second end of the additional tether, and wherein the second narrow thickness zone extends angularly around the longitudinal axis along an additional stretch running from the second end of the additional tether to the first connecting zone, so that the second narrow thickness zone also connects the second flank of the additional tether to the side wall of the body (Fig. 2), and wherein the first end of the tether and the first end of the additional tether are disposed angularly one after the other consecutively and are interposed between the second end of the tether and the second end of the additional tether (Fig. 1).
3. The cap according to claim 2, wherein the second connecting zone includes a connecting element (22) and an additional connecting element (24) which are distinct and angularly spaced from each other, wherein the second ends of the tether and additional tether are connected to the connecting element and to the additional connecting element of the second connecting zone, respectively (Fig. 2).
4. The cap according to claim 3, wherein the first connecting zone includes, alternatively, - a connecting element (22) and an additional connecting element (24) which are distinct and angularly spaced from each other, wherein the first ends of the tether and additional tether are connected to the connecting element and to the additional connecting element of the first connecting zone, respectively (Fig. 2); - a single connecting element, wherein the first ends of the tether and additional tether are both connected to the single connecting element.
5. The cap according to claim 2, wherein the angular distance between the first end of the tether and the first end of the additional tether is less than the angular distance between the second end of the tether and the second end of the additional tether (Fig. 2, depending on what is considered the ends).
6. The cap according to claim 2, wherein the first narrow thickness zone has a first thickness and the second narrow thickness zone has, at least in a main portion of it, adjacent to the second flank of the tether and of the additional tether, a second thickness that is greater than the first thickness (Fig. 2).
7. The cap according to claim 6, wherein the second narrow thickness zone has, in a secondary portion of it, at the first connecting zone a thickness that is less than or equal to the first thickness (Fig. 2).
8. The cap according to claim 1, wherein the tether, between its first end and its second end, extends along a path running angularly in a single direction around the longitudinal axis (Fig. 1).
9. The cap according to claim 1, comprising a first operating configuration, in which the tamper evident ring is engaged with the locking member on the neck of the container, the cap body is coupled to the neck of the container and the joining zone is intact; a second operating configuration, in response to a first displacement of the body away from the tamper evident ring, wherein the first narrow thickness zone is torn, the second narrow thickness zone is intact, the tamper evident ring is engaged with the locking member on the neck of the container, and the body is uncoupled from the neck of the container; a third operating configuration, in response to a second displacement of the body away from the tamper evident ring, additional to the first displacement, wherein both the first narrow thickness zone and the second narrow thickness zone are torn and the tamper evident ring is joined to the body by the tether (par. 0033).
18. The cap according to claim 2, wherein the tether presents a longitudinal extending portion, the longitudinal extending portion extending between the first flank and the second flank of the tether and having a variable height relative to the longitudinal direction, wherein the height decreases between the second end and a point located between the first end and the second end and is constant between the point located between the first end and the second end and the fist end of the tether (Fig. 2, the height is variable since the cap can move up and down with the tether).
19. The cap according to claim 2, wherein the joining zone comprises an intermediate section, wherein the intermediate section: - is located between a portion of the second flank and the second narrow thickness zone proximal to the second flank; - extends around the longitudinal axis between the second end and a point located between the fist end and the second end; - connects the portion of the second flank to the second narrow thickness zone, and - has a longitudinal extending portion presenting a maximum height at the second end of the tether and a minimum height at a point located between the first and the second end of the tether (Figs. 1, 2, the zones have different thickness depending on how large the zone is considered).
20. The cap according to claim 19, wherein the intermediate section presents a thickness defined in the radial direction having a value comprised between the thickness of the tether and the thickness of the second narrow thickness zone (Figs. 1, 2, the zones and sections have different thickness depending on how large the zone is considered).
.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEFFREY R ALLEN whose telephone number is (571)270-7426. The examiner can normally be reached 9:00 am - 5:00 pm, Monday-Friday.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JEFFREY R ALLEN/Primary Examiner, Art Unit 3733
Prosecution Insights