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
Claims 18-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 04/01/2026.
Applicant's election with traverse of the species restriction in the reply filed on 04/01/2026 is acknowledged. The traversal is on the ground(s) that claims as presented are directed to both species. This is not found persuasive and the species restriction is withdrawn. Species 1 and 2 will be examined on the merit.
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.
Claim 2 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 2 recite the limitation “preferably” and it is unclear if the limitation that follows is positively claimed. For the purpose of examination, the limitation in Claim 2 “solid, preferably a powder” is read as “solid, powder.” Clarification is respectfully requested.
Claim 3 recite the limitation “preferably” and it is unclear if the limitation that follows is positively claimed. For the purpose of examination, the limitations that follows the limitation “preferably” are positively claimed. Clarification is respectfully requested.
Claim 7 recite the limitation “the second area” and lacks antecedent basis. For the purpose of examination, Claim 7 is assumed to depend upon Claim 4, where a second area is recited. Clarification is respectfully requested.
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) 1-4, 10, 13, and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dong (KR 10-1401005B1, attached English Translation, accessed 6/10/2026).
1: Dong teaches a mixing cap (cap generally shown in Figure 3a) attachable to a product chamber for accommodating a product (an unclaimed product chamber for accommodating an unclaimed product, generally shown within 10, Figure 3a), the mixing cap including an additive chamber (chamber within 200, accommodating an unclaimed additive) for accommodating an additive, the additive chamber being defined by a flexible shell (shell formed by 200 and 300, is made from a synthetic resin, paragraph 0051-0054) surrounding an inner cavity (cavity within 200) of the additive chamber, the flexible shell being deformable (deformable configuration in Figure 6) to open towards the product chamber (the unclaimed product chamber) for introducing the additive ("P" is introduced to the chamber below 200 in Figure 6) into the product.
2: Dong teaches the claimed invention as discussed above for Claim 1 and Dong further teaches that one of the product and the additive is a solid (the unclaimed product and additives are solid, paragraph 0045), preferably a powder, a particulate or a granulate, embedded within a fluid surrounding the solid, and the other is a liquid.
3: Dong teaches the claimed invention as discussed above for Claim 1 and Dong further teaches that the flexible shell having a first area (area proximate 300) arrangeable immediately or in the vicinity of the product chamber (vicinity of the unclaimed product chamber within 10, Figure 3a), which first area is arrangeable between the product chamber and the inner cavity, the first area having an opening zone (zone at 310), wherein a deformation of the first area causes opening of the opening zone towards the product chamber (towards container 10), the area of the opening zone constituting at least 30%, preferably 50%, more preferably 70% of the first area (see Figure 6 where the zone is 50% or greater of the first area).
4: Dong teaches the claimed invention as discussed above for Claim 1 and Dong further teaches that the flexible shell having a second area (area above 200, located behind the inner cavity when viewed from below 200) located behind the inner cavity of the additive chamber relative to the first area of the flexible shell, wherein a change of pressure within the inner cavity (force indicated by the down arrow in Figure 5) may be initiated or is causable by a deformation of the second area.
10: Dong teaches the claimed invention as discussed above for Claim 1 and Dong further teaches that the flexible shell comprises internal protrusion (internal protrusions formed by 250).
13: Dong teaches the claimed invention as discussed above for Claim 1 and Dong further teaches a container device for accommodating an unclaimed composition of an unclaimed product and an unclaimed additive, the container device including a mixing cap according to claim 1, a product chamber wherein the mixing cap is attached to the outwardly disposed product opening of the product chamber (Dong teaches a container device for accommodating contents and an additive (P), the container device including a mixing cap and a container (10), wherein the mixing cap is attached to an outwardly disposed container opening of the container (10) (see paragraphs [0036]-[0059] and figures l-8b)).
16: Dong teaches the claimed invention as discussed above for Claim 1 and Dong further teaches that the composition after mixing is an edible, drinkable, ingestible or injectable therapeutic, an edible, drinkable, or ingestible consumable, or a cosmetic composition (a composition after mixing is an edible, drinkable, or ingestible, paragraph 0001).
Claim(s) 1-4, 7-10, and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Marco (US 8,474,611).
1: Marco teaches a mixing cap (cap shown in Figures 1-4) attachable to a product chamber for accommodating a product (capable of attaching to a top of a product chamber, such as a container, unclaimed product such as a mixture accommodated within an unclaimed container), the mixing cap including an additive chamber (chamber within 10) for accommodating an unclaimed additive (“c”), the additive chamber being defined by a flexible shell formed by 8 and 11, where cap 1 is made from a high density plastic material, which are flexible) surrounding an inner cavity (cavity within 200) of the additive chamber, the flexible shell being deformable to open towards the product chamber (the unclaimed product chamber, see open position in Figure 3) for introducing the additive see Figures 1-4) into the product.
2: Marco teaches the claimed invention as discussed above for Claim 1 and Marco further teaches one of the product and the additive is a solid ("c" is a solid, the mixing cap is capable of accommodating unclaimed product and unclaimed additive), preferably a powder, a particulate or a granulate, embedded within a fluid surrounding the solid, and the other is a liquid.
3: Marco teaches the claimed invention as discussed above for Claim 1, and Marco further teaches that the flexible shell having a first area (area proximate 5, Figures 1-3, see Figure 1 above) arrangeable immediately or in the vicinity of the product chamber (vicinity of the unclaimed product chamber, Figure 1 above), which first area is arrangeable between the product chamber and the inner cavity, the first area having an opening zone (see zone at Figure 1), wherein a deformation of the first area causes opening of the opening zone towards the product chamber (towards the bottom of Figure 1), the area of the opening zone constituting at least 30%, preferably 50%, more preferably 70% of the first area (see opening zone at 45 degrees in Figure 3).
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4: Marco teaches the claimed invention as discussed above for Claim 1 and Marco further teaches that the flexible shell having a second area (see second area in Figure 2 below, (behind when viewed from below the cap) located behind the inner cavity of the additive chamber relative to the first area of the flexible shell, wherein a change of pressure within the inner cavity (initiated by force "F" in Figure 3) may be initiated or is causable by a deformation of the second area.
7: Marco teaches the claimed invention as discussed above for Claim 1 and Marco further teaches that the second area (see second area in Figure 1 above) of the flexible shell is manually deformable towards the first area of the flexible shell for deformation of the first area of the flexible shell (see manual deformation by the force "F" Figure 3) for opening the additive chamber towards the product chamber (to permit the flexible shell to move down and deform elements 5 and 8, thereby opening the additive chamber towards the unclaimed product chamber located below the cap).
8: Marco teaches the claimed invention as discussed above for Claim 1 and Marco further teaches that the first area of the flexible shell contains pre-tensioned and/or mechanically bistable parts (bistable parts comprising 11, 8, 5, 7, 10, Figures 1-3 full closure in Figure 1) that ensure a substantially full closure and a substantially full opening is adapted for projecting the additive towards the product for mixing of the additive (full opening formed by 8 and 5, capable of permitting unclaimed additives towards the unclaimed products) with the product.
9: Marco teaches the claimed invention as discussed above for Claim 1 and Marco further teaches that a bistable element (bistable elements comprising 8 and 5), which bistable element is adapted to not effect the flexible shell in a first stable position (stable position in Figure 1) and causing the deformation of the flexible shell (20) in a second stable position to enhance the projection of the additive (8 is deformed out of position from Figure 1 to Figure 3, where additives are projected below).
10: Marco teaches the claimed invention as discussed above for Claim 1 and Marco further teaches that wherein the flexible shell comprises internal protrusions (formed by 10 and the top of 8).
16: Marco teaches the claimed invention as discussed above for Claim 1 and Marco further teaches that the composition after mixing is an edible, drinkable, ingestible or injectable therapeutic, an edible, drinkable, or ingestible consumable, or a cosmetic composition (the unclaimed composition can be an edible, drinkable, ingestible or injectable therapeutic, an edible, drinkable, or ingestible consumable, or a cosmetic composition).
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) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dong (KR 10-1401005B1, attached English Translation, accessed 6/10/2026) in view of Epp et al. (Epp US 2009/0261000).
6: Dong teaches the claimed invention as discussed above for Claim 1 and Dong further teaches that the product chamber is pressurizable with a pressure P1 (chamber holding "P" has an initial pressure P1) except a spring located behind the additive chamber relative to the product chamber, the spring able to apply a force for the deformation of the second area of the flexible shell towards the product chamber with a pressure P2 that is superior to the ambient pressure and inferior to the pressure P1, the outwardly disposed product opening of the product chamber allowing for a decrease of the pressure of the product chamber from the pressure P1 to ambient pressure for the deformation of the first area of the flexible shell.
Epp teaches a spring (22) located on an upper side of a capsule (5), exerting a small pressure on the capsule (5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Dong such that the teaching of a spring located behind the additive chamber relative to the product chamber, the spring able to apply a force for the deformation of the second area of the flexible shell towards the product chamber with a pressure P2 that is superior to the ambient pressure and inferior to the pressure P1, the outwardly disposed product opening of the product chamber allowing for a decrease of the pressure of the product chamber from the pressure P1 to ambient pressure for the deformation of the first area of the flexible shell in order to quicken mixing/dispensing of products from the additive chamber to the product chamber.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dong (KR 10-1401005B1, attached English Translation, accessed 6/10/2026) in view of Dainippon (JP 2007-001650, Applicant’s attached Foreign Reference and translation 01/10/2025).
7: Dong teaches the claimed invention as discussed above for Claim 1 except the second area of the flexible shell is manually deformable towards the first area of the flexible shell for deformation of the first area of the flexible shell for opening the additive chamber towards the product chamber.
Dainippon teaches a flexible ceiling (7) is pushed in with a finger from above, and causes deformation of a packaging member (13).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Dong such that the teaching of except the second area of the flexible shell is manually deformable towards the first area of the flexible shell for deformation of the first area of the flexible shell for opening the additive chamber towards the product chamber were applied in order to further apply pressure to open the additive chamber to mix products together.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dong (KR 10-1401005B1, attached English Translation, accessed 6/10/2026) in view of Grady (US 3,676,076).
11: Dong teaches the claimed invention as discussed above for Claim 1 except the first and/or the second areas of the flexible shell is pierceable for allowing an extraction of the unclaimed product or of the unclaimed product composition preferably via an unclaimed hollow needle.
Grady teaches that suitable plastic resins such as polyethylene or polypropylene are used for containers for pierce-able members, as taught by Grady col. 2, ll. 53-65.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Dong such that the teaching of the first and/or the second areas of the flexible shell is pierceable for allowing an extraction of the unclaimed product or of the unclaimed product composition preferably via an unclaimed hollow needle were applied since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use. In re Leshin, 125 USPQ 416.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dong (KR 10-1401005B1, attached English Translation, accessed 6/10/2026) in view of Fukoku (JP 2000-217885, Applicant’s attached Foreign Reference and translation 01/10/2025).
12: Dong teaches the claimed invention as discussed above for Claim 1 except medical system, preferably a syringe, an intravenous line or subcutaneous line, the medical system connectable to a patient and including the mixing cap according to claim 1.
Fukoku teaches a medical system, preferably a syringe, an intravenous line or subcutaneous line, the medical system connectable to a patient and including a mixing cap (1) (see paragraphs [0009]-[0010] and figures 1-2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Dong such that the teaching of medical system, preferably a syringe, an intravenous line or subcutaneous line, the medical system connectable to a patient and including the mixing cap according to claim 1 were applied in order to provide a means to dispense medication and mixing of the ingredients for the medication at the time of use for patients.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dong (KR 10-1401005B1, attached English Translation, accessed 6/10/2026).
15: Dong teaches the claimed invention as discussed above for Claim 13 except wherein the additive chamber is arranged to penetrate a plane of the outwardly disposed product opening or where the additive chamber is arranged within the product chamber.
Dong teaches in another embodiment that the pressure vessel (200) and the shielding film (300) being arrangeable in the vicinity of the container (10), see paragraphs [0052]-[0053] and figure 6).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Dong such that the additive chamber is arranged to penetrate a plane of the outwardly disposed product opening or where the additive chamber is arranged within the product chamber in order for the additive within the additive chamber to dispense into the product opening where the additive and products can be mixed in an enclosed space.
Allowable Subject Matter
Claims 5 and 14 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KING M CHU whose telephone number is (571)270-7428. The examiner can normally be reached Monday - Friday 10AM - 6PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Stashick can be reached at (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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/King M Chu/Primary Examiner, Art Unit 3735
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