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Claims 1-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 06/04/2026
Applicant’s election without traverse of Species C; Figures 34-42 in the reply filed on 06/04/2026 is acknowledged.
Specification
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because it’s not on a separate page, is not narrative and is a run on sentence. A corrected abstract of the discosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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 16-20 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 16 recites the limitation "the top cover" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 16 recites the limitation "the blade arm" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 16, line 7 recites, “when the blade art is activated.” It is unclear what “activated” entails in this context.
Claim 17 recites, “wherein the clamp includes a blade arm.” It is unclear whether the blade arm of claim 17 is the same blade arm of claim 16 or a second blade arm.
Claim 18 recites, “wherein the blade closes in on the container when the blade arm is activated.” However, in claim 16, states that the “blade is pushed to an inner rim of the container”. It isn’t clear if in claim 18, the blade is being used to the inner rim or another location of the container.
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)(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.
Claims 16-17, 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kanno et al. (WO 2023145175; see U.S. Publication 2024/0383738 for translation), herein referred to as Kanno.
In regards to claim 16, Kanno discloses a container opener comprising: a top liner (tab holder 140) attached to the top cover (top cover 110-1); a clamp (30) attached to the top liner (140); a bottom liner (110-b) attached to the clamp; and a blade (20) attached to the clamp, wherein when the clamp is configured to capture a container and the blade is pushed to an inner rim of the container when the blade arm is activated (e.g. Fig. 9).
In regards to claim 17, Kanno discloses wherein the clamp (30) includes a blade arm (30; fig. 8) that is spring loaded (torsion or leaf spring; paragraph [0059]) to a clamp arm.
In regards to claim 20, Kanno discloses wherein the top liner (140) includes a tab grabber (141a) attached that is configured to slide under a tab on a top of the container when the container opener and the container are rotated relative to each other after the base and the arm are brought together.
Claims 16-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Newton (U.S. Patent 0,476,164)
In regards to claim 16, Newton discloses a container opener comprising: a top liner (lever 1) attached to the top cover (blade holder 10); a clamp (jaws 15/16) attached to the top liner (1); a bottom liner (lever 2) attached to the clamp (15/16); and a blade (13) attached to the clamp (15/16), wherein when the clamp (15/16) is configured to capture a container and the blade (13) is pushed to an inner rim of the container when the blade arm (15) is activated (e.g. release of handles 3/4 or movement of handle 10).
In regards to claim 17, Newton discloses wherein the clamp (15/16) includes a blade arm (15) that is spring loaded (spring 18) to a clamp arm (16).
In regards to claim 18, Newton discloses wherein the blade arm (15) and the clamp arm (16) are configured to close around the container when the clamp is activated, the blade (13) is attached to the blade arm (15), and the blade closes in on the container when the blade arm is activated.
In regards to claim 19, Newton discloses wherein the blade arm (15) and the clamp arm (16) are brought together to activate the clamp (via handles 3,4).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAURA M LEE whose telephone number is (571)272-8339. The examiner can normally be reached M-F 8a.m.- 5p.m..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Boyer Ashley can be reached at 571-272-4502. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LAURA M LEE/Primary Examiner, Art Unit 3724
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