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 18 is objected to under 37 CFR 1.75(c) as being in improper form because a multiple dependent claim should refer to other claims in the alternative only. See MPEP § 608.01(n). Accordingly, the claim 18 has not been further treated on the merits.
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.
Claims 7, 12, and 13 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 7 recites “the snap-fit connection allows relative rotation between the seal energizing element and the cap body, whereby normally there is substantially no relative rotation between the annular sealing element and the container neck as the screw cap is screwed on or unscrewed” in lines 1-4. It is unclear what is meant by “normally there is substantially no relative rotation.” Is there relative rotation or no relative rotation?
Claim 12 recites “a covering of a softer and more compliant material to seal the slots therein” in lines 2-3. The terms “softer” and “more complaint” are relative terms which render the claim indefinite. The terms “softer” and “more compliant” are not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claim 13 is also rejected through its dependence on a rejected parent claim (details above).
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.
(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.
Claims 1-4, 6-9, 11-17, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by GB-2582792 to Abraham (hereinafter, “Abraham”).
Regarding claim 1, Abraham discloses a screw cap (Figs. 9-10) comprising: a cap body (cap body 10, Fig. 1) comprising an end wall (end wall 12, Fig. 1) and an internally threaded, annular side wall (side wall 14 with internal screw thread 20, Figs. 1-2) depending from the end wall (end wall 12, see Figs. 1-2); an annular sealing element (annotated Fig. 9 below) disposed concentrically within and spaced from the annular side wall (side wall 14, see Fig. 9) so as to be receivable within an externally threaded container neck (p. 4, ll. 14-16) when the screw cap is screwed onto the container neck (p. 4, ll. 14-16); the annular sealing element (annotated Fig. 9) comprising a detent (annotated Fig. 9) engageable with the container neck (p. 4, ll. 17-19) so as to support the annular sealing element within the container neck as the screw cap is screwed onto the container neck (p. 4, ll. 17-19); a resiliently deformable seal energizing element (annotated Fig. 9) comprising a central part (annotated Fig. 9) braced against the cap body end wall (end wall 12, see Fig. 9) and a peripheral part (annotated Fig. 9) joined to the annular sealing element (annotated Fig. 9); the seal energizing element (annotated Fig. 9) being constructed and operatively arranged within the cap body (cap body 10, see Fig. 9) so that axial compression of the seal energizing element (p. 4, ll. 20-27) between central part (annotated Fig. 9) and the peripheral part (annotated Fig. 9) as the cap body is screwed onto the container neck (p. 4, ll. 20-27) causes radial expansion of the seal energizing element at the peripheral part (p. 4, ll. 20-27), thereby radially expanding the annular sealing element (annotated Fig. 9) towards the inner surface of the container neck (p. 4, ll. 20-27; p. 10, ll. 17-22); the annular sealing element (annotated Fig. 9) comprising a backing (support shell 30, see annotated Fig. 9) formed from a relatively stiff but resilient material (p. 10, ll. 22-25) and a radially outer facing (annotated Fig. 9) of a relatively more yielding material (p. 11, ll. 15-19), wherein the backing (annotated Fig. 9) extends in a direction away from the cap body end wall (end wall 12, see Fig. 9) to below the level of the detent (see annotated Fig. 9); characterised in that: the peripheral part (annotated Fig. 9) of the seal energizing element (annotated Fig. 9) is joined to the backing (annotated Fig. 9) at a level at or below the detent (see Fig. 9), and the backing (annotated Fig. 9) below this level (level below detent, see Fig. 9) comprises a plurality of separate, axially extending segments (segments 42, Figs. 3-4; p. 10, ll. 12-14).
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Abrahamson Annotated Figure 9
Regarding claim 2, Abraham further discloses the seal energising element (annotated Fig. 9) and the annular sealing element (annotated Fig. 9) comprise parts of an expandable plug seal subassembly (p. 7, ll. 2-3) positionable within the screw cap (see Fig. 9).
Regarding claim 3, Abraham further discloses the plug seal subassembly (assembly with seal energizing element and annular sealing element, annotated Fig. 9) and cap body (cap body 10) comprise a snap-fit connection (p. 12, ll. 17-20) by which plug seal subassembly (assembly with seal energizing element and annular sealing element, annotated Fig. 9) is held in the cap body (cap body 10) even when the screw cap is not screwed onto the container neck (see p. 12, ll. 14-20).
Regarding claim 4, Abraham further discloses the snap-fit connection (p. 12, ll. 17-20) comprises a recess (recess formed beneath retaining bead 50, Fig. 9) at the central part (annotated Fig. 9) of the seal energizing element (annotated Fig. 9), into which a projection (retaining bead 50’, Fig. 9) extending from the cap body end wall (end wall 12) is snap-fittingly received (p. 12, ll. 17-24).
Regarding claim 6, Abraham further discloses the projection (retaining bead 50’) comprises an enlarged end (see Fig. 9) which is snap-fittingly received (p. 12, ll. 17-21) in an undercut portion of the recess (undercut formed by retaining bead 50, Fig. 9) at the central part (annotated Fig. 9) of the seal energizing element (annotated Fig. 9).
Regarding claim 7, Abraham further discloses the snap-fit connection (p. 12, ll. 17-20) allows relative rotation between the seal energizing element (annotated Fig. 9) and the cap body (cap body 10; p. 12, ll. 17-20), whereby normally there is substantially no relative rotation between the annular sealing element and the container neck as the screw cap is screwed on or unscrewed.
Regarding claim 8, Abraham further discloses the detent (annotated Fig. 9) is integrally formed with the expandable plug seal subassembly (assembly with seal energizing element and annular sealing element, annotated Fig. 9) as an annular flange (flange 32, see Fig. 9) extending radially from an upper portion of the backing (annotated Fig. 9).
Regarding claim 9, Abraham further discloses the backing (annotated Fig. 9) and seal energizing element (annotated Fig. 9) comprise through-going slots (slots 40, Figs. 3-4) extending radially in the seal energizing element (annotated Fig. 9) and axially in the annular sealing element (annotated Fig. 9; see also Figs. 3-4), and in which the axially extending through-going slots (slots 40) serve to define the plurality of separate, axially extending segments of the backing (segments 42, Figs. 3-4).
Regarding claim 11, Abraham further discloses the axially extending through-going slots (slots 40) are united with, run into, or become, the radial through-going slots (slots 40, see Figs. 3-4) in the seal energizing element (annotated Fig. 9).
Regarding claim 12, Abraham further discloses a bottom surface (annotated Fig. 9) of the seal energizing element (annotated Fig. 9) has a covering of a softer and more compliant material (facing material in annotated Fig. 9; p. 11, ll. 20-24) to seal the slots therein (p. 11, ll. 20-24).
Regarding claim 13, Abraham further discloses the covering (facing material in annotated Fig. 9) is continuous with the facing (see Fig. 9).
Regarding claim 14, Abraham further discloses the seal energizing element (annotated Fig. 9) comprises a domed shape (see Fig. 9; p. 13, ll. 4-11) which becomes flatter and expands radially as the detent engages the container neck (p. 13, ll. 4-24), the cap body (cap body 10) is screwed onto the container neck and the cap body end wall presses down on the central part of the seal energizing element (p. 13, ll. 4-24).
Regarding claim 15, Abraham further discloses the expandable plug seal subassembly (assembly with seal energizing element and annular sealing element, annotated Fig. 9) comprises a through-going aperture (p. 7, ll. 22-23), over which a gas permeable, liquid impermeable membrane (p. 7, ll. 22-23) is secured, to provide a gas venting path (p. 7, ll. 22-23).
Regarding claim 16, Abraham further discloses the through-going aperture (apertures 62, Figs. 6-7; p. 7, ll. 22-23) is formed in the seal energizing element (p. 11, ll. 28-32).
Regarding claim 17, Abraham further discloses the through-going aperture (apertures 62, Figs. 6-7) is formed in a recess (see Figs. 6-7) at the central part of the seal energizing element (annotated Fig. 9).
Regarding claim 19, Abraham further discloses the detent (annotated Fig. 9) and/or the inside surface of the cap body end wall (end wall 12) are provided with grooves or projections (p. 7, ll. 24-29) which space the detent away from the inside surface of the cap body end wall (p. 7, ll. 24-29) when the screw cap is fully tightened (p. 7, ll. 24-29).
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.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Abraham.
Regarding claim 5, Abrahamson does not expressly disclose the projection comprises a plurality of axially extending fingers or segments.
Instead, Abrahamson teaches the projection (retaining bead 50’, Figs. 2, 9) extends axially as a single ring to engage the seal energizing element (see Fig. 2).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the screw cap of Abrahamson to split the projection such that it has a plurality of segments because it has been held that duplication of parts or rearrangement of parts has no patentable significance unless a new and unexpected result is produced (MPEP 2144.04(VI)), and such a modification would involve only routine skill in the art and yield the predictable result of permitting the recess and projection to snap-fit together.
Allowable Subject Matter
Claim 10 is 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 10, Abrahamson does not disclose the axially extending through-going slots continue into an annular flange which forms the detent. It would not have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Abraham to have such an arrangement without hindsight.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
WO 2019/177453 to Debski discloses a screw cap comprising a cap body and an annular sealing element snap-fit to the cap body and having a plurality of slots extending radially and axially (see Figs. 1-5D).
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/LAURA E. PARKER/Primary Examiner, Art Unit 3733
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