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 .
The amendment filed 2/23/2026 has been entered.
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, 2, 7, 11, and 18-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent No. 4,605,126 (Goedken et al. hereinafter).
In re claim 1, with reference to Figs. 1-4 below, Goedken et al. discloses: A container (16) for storing, shipping and dispensing a beverage comprising: a generally rectilinear body defining an interior volume, the generally rectilinear body having, a generally planar front side, a generally planar rear side, a generally planar first lateral side, and a generally planar second lateral side (walls 20, see Figs. 1-4), and plural curvilinear corner portions, each curvilinear corner portion structurally interconnecting adjacent side edges of the generally planar front side, rear side, first lateral side and second lateral side (walls shown connected at curved corners, see Fig. 1), and a top (at 22) structurally interconnected to top edges of the generally planar front side, rear side, first lateral side and second lateral side, the top being generally horizontal relative to vertical (see Figs. 2-4), and a bottom (18) structurally interconnected to bottom edges of the generally planar front side, rear side, first lateral side and second lateral side (see figs. 1 and 2), the bottom being generally horizontal (see Fig. 2) relative to vertical; wherein: a single spear hole is defined in the generally rectilinear body at a location that is not the top (element 24 which carries the spear hole is not the top 22) of the generally rectilinear body, and the single spear hole communicates with the interior volume of the generally rectilinear body; and a tap coupler anchor (42/44) is structurally carried by the generally rectilinear body about the single spear hole (column 2, lines 29-42), and the tap coupler anchor is accessible (i.e. through holes 64) for interconnection to a dispensing means when plural of the containers for storing, shipping, and dispensing a beverage are stacked one on top of another, top to bottom.
It has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed (i.e. for a “beverage”, “spear hole”, and “accessible for interconnection to a dispensing means” when stacked) does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. See MPEP 2114, II.
Please note that the claims are directed to apparatus which must be distinguished from the prior art in term of structure rather function [MPEP 2144]. Hence, the functional limitations “and the tap coupler anchor releasably engages with a dispensing coupler which fluidically communicates with the spear hole to dispense the beverage from within the interior volume of the generally rectilinear body” which are narrative in form have not been given any patentable weight. In order to be given patentable weight, a functional recitation must be supported by recitation in the claim of sufficient structure to warrant the presence of the functional language. In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed. Cir. 1997).
[AltContent: arrow][AltContent: textbox (Upper Corner Portion)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Plural Opposing Spaced Apart Edge Portions)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Top Handle Supports)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Rail corner Portions)][AltContent: textbox (Spaced Side Portions)][AltContent: textbox (Top Handle/ tubular hand rail)][AltContent: arrow][AltContent: textbox (Top)][AltContent: arrow]
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In re claim 2, with reference to Figs. 1-4, Goedken et al. discloses the claimed invention including wherein the generally rectilinear body is formed of one or more of stainless steel (column 1, lines 17-21), an alloy, a polymer, a plastic, or a composite.
In re claim 7, with reference to Figs. 1-4, Goedken et al. discloses the claimed invention including a top handle structurally interconnected to the generally rectilinear body at the top of the generally rectilinear body, the top handle having a tubular handle rail with plural spaced apart side portions, each of the tubular handle rail side portions having two opposing ends, and plural handle rail corner portions structurally interconnect adjacent ends of the plural tubular handle rail side portions of the tubular handle rail (at corners of the tank), and plural top handle supports, each of the plural top handle supports having a top edge, a bottom edge, and two opposing end portions, and each top handle support structurally interconnects, at the top edge thereof, with one of the plural handle rail corner portions of the top handle tubular rail, and the bottom edge of each of the plural top handle supports is structurally interconnected with the body at the top of the generally rectilinear body, and the plural top handle supports position the top handle spacedly above the top of the generally rectilinear body (See Figs. 1-4 above).
In re claim 11, with reference to Figs. 1-4, Goedken et al. discloses the claimed invention including wherein the bottom has plural opposing and spaced apart edge portions and an outwardly/downwardly protruding center portion (34), and the plural opposing and spaced apart edge portions of the bottom are structurally interconnected to bottom edges of the generally planar front side, the generally planar rear side, the generally planar first lateral side, and the generally planar second lateral side to form a generally convex bottom of the generally rectilinear body (see Fig. 2 above).
In re claim 18, with reference to Figs. 1-4, Goedken et al. discloses A container for storing, shipping, and dispensing a bulk quantity of beverage comprising: a generally rectilinear body defining an interior volume, the generally rectilinear body having a planar front side, a planar rear side, a planar first lateral side, and a planar second lateral side, each of the planar front side, the planar rear side, the planar first lateral side, and the planar second lateral side having spaced apart opposing side edges, spaced apart opposing top and bottom edges, an interior facing surface, and an exterior facing surface, and plural curvilinear corner portions, each of the plural curvilinear corner portions defining a radius and structurally interconnecting adjacent side edges of the planar front side, the planar rear side, the planar first lateral side, and the planar second lateral side, and a planar top having plural opposing and spaced apart edge portions, the plural opposing and spaced apart edge portions of the planar top being structurally interconnected to the top edge of the planar front side, the planar rear side, the planar first lateral side, and the planar second lateral side, and a planar bottom having plural opposing and spaced apart edge portions (as in re claim 1 above), the plural opposing and spaced apart edge portions of the planar bottom being structurally interconnected to the bottom edge of the planar front side, the planar rear side, the planar first lateral side, and the planar second lateral side; and wherein the planar front side is parallel to the planar rear side, and the planar first lateral side is parallel to the planar second lateral side, and the planar top is parallel to the planar bottom, and a single spear hole is defined in the generally rectilinear body at a location that is not the top of the generally rectilinear body (as in re claim 1 above), and the single spear hole communicates with the interior volume of the generally rectilinear body; and a tap coupler anchor is structurally carried by the generally rectilinear body about the single spear hole, and the tap coupler anchor is accessible for interconnection to a dispensing means when plural of the containers for storing, shipping, and dispensing a beverage are stacked one on top of another top to bottom (Note that Applicant’s Figs. 10 and 11 show a container with planar walls, however the spear hole is on the top, thus claim 18 refers the embodiment of Figs. 1-9, in which “planar” must be interpreted broadly to include undulations, etc.).
In re claim 19, with reference to Figs. 1-4, Goedken et al. discloses the claimed invention including wherein the generally rectilinear body is formed of one or more of stainless steel, an alloy, a polymer, a plastic, or a composite (as in re claim 2 above).
Claim(s) 5 and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Us Patent No. 3,782,602 (Page hereinafter).
In re claim 12, with reference to Figs. 1-4, Page discloses: A container for storing, shipping, and dispensing a beverage comprising: a generally rectilinear body (25) defining an interior volume (17), the generally rectilinear body having, a generally planar front side (26), a generally planar rear side (16), a generally planar first lateral side (20), and a generally planar second lateral side (other 20), and plural curvilinear corner portions, each curvilinear corner portion structurally interconnecting adjacent side edges of the generally planar front side, the generally planar rear side, the generally planar first lateral side, and the generally planar second lateral side (see Figs. 1-4, walls meet at curved corner portions either incurvate or excurvate), and a top (21) structurally interconnected to top edges of the generally planar front side, the generally planar rear side, the generally planar first lateral side, and the generally planar second lateral side, the top being generally horizontal relative to vertical, and a bottom (19) structurally interconnected to bottom edges of the generally planar front side, the generally planar rear side, the generally planar first lateral side, and the generally planar second lateral side, the bottom being generally horizontal relative to vertical; and wherein: a single spear hole (29) is defined in the generally rectilinear body at a location that is not the top of the generally rectilinear body (see Fig. 3), and the single spear hole communicates with the interior volume of the generally rectilinear body; and a tap coupler anchor (33) is structurally carried by the generally rectilinear body about the single spear hole and the tap coupler anchor is accessible for interconnection to a dispensing means (40) when plural of the containers for storing, shipping, and dispensing a beverage are stacked one on top of another, top to bottom (as in Figs. 3 and 4), wherein the tap coupler anchor is structurally carried on the generally planar front side of the body (See Fig. 1), and an axis of a spear hole defined by the tap coupler anchor extends perpendicularly from the generally planar front side of the generally rectilinear body toward the generally planar rear side of the generally rectilinear body (See Fig. 3).
(Note that Applicant’s Figs. 10 and 11 show a container with planar walls, however the spear hole is on the top, thus claim 18 refers the embodiment of Figs. 1-9, in which “generally planar” must be interpreted broadly to include undulations, etc.).
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In re claim 5, with reference to the Figs. noted above, Page disclose the claimed invention including wherein a tap recess (15) defined in one of the generally planar sides of the generally rectilinear body spacedly below the top of the body and protruding inwardly from the generally planar side (16) into the interior volume, the tap recess carrying the tap anchor at a generally medial position on a base portion of the tap recess, so as to position the tap anchor inward of an exterior facing surface of the generally planar side of the generally rectilinear body (See Fig. 3 above).
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) 3, 4, and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Goedken et al. as applied to claim 1 above, and further in view of US Patent No. 3,214,052 (Dike, of record).
In re claim 3, with reference to the Figs. noted above, Goedken et al. discloses the claimed invention including wherein an upper corner portion of the generally rectilinear body is positioned between and interconnects one of the generally planar sides of the generally rectilinear body and the top of the generally rectilinear body (see Goedken et al. Fig. 1 above), but not wherein the tap coupler anchor is carried at an upper corner portion of the generally rectilinear body.
However, with reference to Figs. 1 and 10, Dike discloses a generally rectilinear container including wherein a dispensing opening (37 of neck 5) is carried at an upper corner portion of the generally rectilinear body, for the purposes of facilitating “smooth pouring without gurgling” (column 6, lines 7-19).
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Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have modified the container of Goedken et al. to have located the dispensing hole instead angled in a corner portion of a wall as taught by Dike for the stated purposes of facilitating smooth pouring of the contents when necessary without gurgling which would prevent spills/waste of the contents (Dike, column 6, lines 7-19).
In re claim 4, with reference to the Figs. noted above, Goedken et al. in view of Dike disclose the claimed invention including an angulated tap face (41) that structurally communicates between the top edge of one generally planar side and an adjacent edge of the top, wherein: the angulated tap face carries the tap coupler anchor and defines the spear hole communicating with the interior volume; and the spear hole defines a spear hole axis that extends downwardly and inwardly into the interior volume of the generally rectilinear body, and the spear hole axis is not vertical and the spear hole axis is not horizontal (as modified in re claim 3 above, See Figs. 10 and 11 above).
In re claim 6, with reference to the Figs. noted above, Goedken et al. in view of Dike disclose the claimed invention including wherein the spear hole defines an axis, and the axis defined by the spear hole is angulated downwardly and inwardly into the interior volume, and the spear hole axis is not vertical, and the spear hole axis is not horizontal (as modified in re claim 3 above, See Figs. 10 and 11 above).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Goedken et al. as applied to claim 1 above, and further in view of US PG Pub No. 2001/0015331 (Prytzulla et al., of record).
In re claim 8, with reference to the Figs. noted above, Goedken et al. discloses the claimed invention except a bottom flange structurally interconnected to the generally rectilinear body at the bottom of the generally rectilinear body, the bottom flange having plural spaced apart side portions, each of the plural side portions having a top edge and a bottom edge and two opposing and spaced apart end portions, and plural corner portions, each of the plural corner portions structurally interconnecting adjacent end portions of the plural side portions of the bottom flange to form a bottom base, and the top edge of each of the plural bottom flange side portions is structurally interconnected to the bottom of the generally rectilinear body; and a tubular bottom rail that is structurally interconnected to the bottom edge of each of the plural bottom edge flange side portions and to a bottom edge of each of the plural bottom flange corner portions.
However, with reference to Fig. 9, Pryztulla et al. discloses container having a bottom flange (16) structurally interconnected to a body at a bottom of the body (40), the bottom flange having a side portion, each of the plural side portions having a top edge and a bottom edge (top and bottom of 48) and two opposing and spaced apart end portions (left and right of 48), a bottom base (50), and the top edge of the bottom flange side portion is structurally interconnected to the bottom of the body; and a tubular bottom rail (since rail is round).
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Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have provided a bottom flange as taught by Pryztulla et al. to the bottom of Goedken et al. for the purposes of facilitating support and stacking of the containers (Pryztulla et al. paragraph 0050).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Goedken et al. as applied to claim 1 above, and further in view of US Patent No. 5,165,569 (Furuhashi et al. hereinafter).
In re claim 9, with reference to the Figs. noted above, Goedken et al. discloses the claimed invention except wherein a concave and inwardly protruding annular depression defined in the generally rectilinear body, the concave and inwardly protruding annular depression extending circumferentially about the generally rectilinear body spacedly between the top of the generally rectilinear body and the bottom of the generally rectilinear body.
However, with reference to Figs. 1 and 2, Furuhashi et al. discloses a container including a concave and inwardly protruding annular depression defined in a body, the concave and inwardly protruding annular depression (at portion Cz) extending circumferentially about the body spacedly between the top of the and the bottom of the body.
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Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have modified the body of Goedken et al. to have included a concave and inwardly protruding annular depression as taught by Furuhashi et al. for the purposes of facilitating cooling of the contents of the body (Furuhashi et al., column 3, lines 35-56).
Claim(s) 10, 13 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Goedken et al. as applied to claim 1 above, and further in view of US Patent No. 3,387,749 (Godshalk et al. hereinafter).
In re claim 10, with reference to the Figs. noted above, Goedken et al. discloses the claimed invention except wherein the top has plural opposing and spaced apart edge portions and an inwardly/downwardly protruding center portion, and the plural opposing and spaced apart edge portions of the top are structurally interconnected to top edges of the generally planar front side, the generally planar rear side, the generally planar first lateral side, and the generally planar second lateral side to form a generally concave top of the generally rectilinear body.
However, with reference to Figs. 1-4, Godshalk et al. teaches a concave region (56) of a top wall (50) of a container surrounding an opening (closed by 58).
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Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have modified the top wall of Goedken et al. to have been concave as taught by Furuhashi et al. for the purposes of controlled collecting of liquid for draining (Godshalk et al. column 4, lines 9-25).
In re claim 13, with reference to the Figs. noted above, Goedken et al. discloses the claimed invention including wherein the top has a perimeter and the perimeter of the top is structurally interconnected to top edges of the generally planar front side, the generally planar rear side, the generally planar first lateral side, and the generally planar second lateral side, and the top is generally horizontal relative to vertical (as in re claim 1 and Figs. 1-4 above); and the bottom has a perimeter and a convex downwardly protruding center portion (34) and the perimeter of the bottom is structurally interconnected to bottom edges of the generally planar front side, the generally planar rear side, the generally planar first lateral side, and the generally planar second lateral side (see Figs. 1-4 above).
Goedken et al. fails to disclose a concave downwardly protruding center portion.
However, with reference to Figs. 1-4, Godshalk et al. teaches a concave region (56) of a top wall (50) of a container surrounding an opening (closed by 58).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have modified the top wall of Goedken et al. to have been concave as taught by Godshalk et al. for the purposes of controlled collecting of liquid for draining (Godshalk et al. column 4, lines 9-25).
In re claim 20, with reference to Figs. 1-4, Goedken et al. discloses the claimed invention including a removable cap to releasably fluidically seal the spear hole, but not threads carried by and defined by the tap coupler anchor.
However, Godshalk et al. teaches a threaded cap to close a dispensing hole (column 3, lines 64-72).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have formed threads on the cap of Goedken et al. as taught by Godshalk et al. for the purposes of facilitating secure closure of the cap to the anchor.
Claim(s) 14 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Goedken et al. in view of Pryztulla et al. as applied to claim 8 above, and further in view of Furuhashi et al. and Godshalk et al.
In re claim 14, with reference to the Figs. noted above, Goedken et al. in view of Pryztulla et al., Furuhashi et al., and Godshalk et al. (as combined individually above) disclose: A container for storing, shipping, and dispensing a bulk quantity of beverage comprising: a generally rectilinear body defining an interior volume, the generally rectilinear body having, a front side, a rear side, a first lateral side, and a second lateral side, each of the front side, the rear side, the first lateral side, and the second lateral side having spaced apart opposing side edges, spaced apart opposing top and bottom edges, an interior facing surface, and an exterior facing surface, and plural curvilinear corner portions, each of the plural curvilinear corner portions defining a radius and structurally interconnecting adjacent side edges of the front side, the rear side, the first lateral side, and the second lateral side, and a top that is generally horizontal relative to vertical and has plural opposing and spaced apart edge portions and an inwardly/downwardly protruding center portion, and the plural opposing and spaced apart edge portions of the top are structurally interconnected to the top edge of the front side, the rear side, the first lateral side, and the second lateral side, and a bottom that is generally horizontal relative to vertical and has plural opposing and spaced apart edge portions and an outwardly/downwardly protruding center portion, and the plural opposing and spaced apart edge portions of the bottom are structurally interconnected to the bottom edge of the front side, the rear side, the first lateral side, and the second lateral side, and plural concave and inwardly protruding annular depressions defined in, and spacedly arrayed about, the generally rectilinear body, each of the plural concave and inwardly protruding annular depressions extending circumferentially about the generally rectilinear body spacedly between the top and bottom of the generally rectilinear body, a top handle structurally interconnected to the generally rectilinear body at the top of the generally rectilinear body, the top handle having a tubular handle rail with plural spaced apart side portions, each tubular handle rail side portion having two opposing ends, and plural handle rail corner portions structurally interconnecting adjacent ends of the plural tubular handle rail side portions of the tubular handle rail, and plural top handle supports, each top handle support having a top edge, a bottom edge, and two opposing end portions, and each top handle support structurally interconnecting, at the top edge thereof, with one of the plural handle rail corner portions of the top handle, and the bottom edge being structurally interconnected with the generally rectilinear body proximate the top of the generally rectilinear body, each of the plural top handle supports defining a cutout, and the plural top handle supports positioning the top handle spacedly above the top of the generally rectilinear body; a bottom flange structurally interconnected to the generally rectilinear body proximate the bottom of the generally rectilinear body, the bottom flange having plural spaced apart side portions, each side portion having a top edge and a bottom edge and two opposing and spaced apart end portions, and plural corner portions, each of the plural corner portions structurally interconnecting adjacent end portions of the plural side portions of the bottom flange, and the top edge of each of the plural bottom flange side portions being structurally interconnected to the bottom of the generally rectilinear body, anda tubular bottom rail structurally interconnected to the bottom edge of each of the plural bottom edge flange side portions and to the bottom edge of each of the plural bottom flange corner portions; wherein a distance dimension between exterior facing surfaces of diametrically opposing side portions of the bottom flange is less than a distance dimension between interior facing surfaces of diametrically opposing side portions of the top handle so that the bottom flange of the generally rectilinear body axially fits within the top handle of a second generally rectilinear body to facilitate vertical stacking of plural generally rectilinear bodies; and a single spear hole is defined in the generally rectilinear body at a location that is not the top of the generally rectilinear body, and the single spear hole communicates with the interior volume of the generally rectilinear body; and a tap coupler anchor is structurally carried by the generally rectilinear body about the single spear hole, and the tap coupler anchor is accessible for interconnection to a dispensing means when plural of the container for storing, shipping, and dispensing a bulk quantity of beverage are stacked one on top of another top to bottom (as in re claims 1, 7, 8, 9, and 10 above).
In re claim 15, with reference to the Figs. noted above, Goedken et al. discloses the claimed invention including the generally rectilinear body is formed of one or more of stainless steel, an alloy, a polymer, a plastic, or a composite (as in re claim 2 above).
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Goedken et al. in view of Pryztulla et al, Furuhashi et al., and Godshalk et al. as applied to claim 14 above, and further in view of Dike.
In re claim 16, with reference to the Figs. noted above, Goedken et al. in view of Pryztulla et al, Furuhashi et al., and Godshalk et al. discloses the claimed invention except wherein an angulated tap face that communicates between the top edge of one of the sides of the generally rectilinear body and an adjacent edge of the top, wherein the angulated tap face carries the tap coupler anchor and defines the spear hole communicating with the interior volume.
However, with reference to Figs. 1 and 10, Dike discloses a generally rectilinear container including wherein a dispensing opening (37 of neck 5) is carried at an upper corner portion of the generally rectilinear body, for the purposes of facilitating “smooth pouring without gurgling” (column 6, lines 7-19).
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Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have modified the container of Goedken et al. to have located the dispensing hole instead angled in a corner portion of a wall as taught by Dike for the stated purposes of facilitating smooth pouring of the contents when necessary without gurgling which would prevent spills/waste of the contents (Dike, column 6, lines 7-19).
Further, in re claim 16, with reference to the Figs. noted above, Goedken et al. in view of Dike disclose the claimed invention including an angulated tap face (41) that structurally communicates between the top edge of one generally planar side and an adjacent edge of the top, wherein: the angulated tap face carries the tap coupler anchor and defines the spear hole communicating with the interior volume; and the spear hole defines a spear hole axis that extends downwardly and inwardly into the interior volume of the generally rectilinear body, and the spear hole axis is not vertical and the spear hole axis is not horizontal (as modified in re claim 3 above, See Figs. 10 and 11 above).
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Goedken et al. in view of Pryztulla et al, Furuhashi et al., and Godshalk et al. as applied to claim 14 above, and further in view of Page.
In re claim 17, with reference to the Figs. noted above, Goedken et al. in view of Pryztulla et al, Furuhashi et al., and Godshalk et al. discloses the claimed invention except wherein a tap recess defined in one of the sides of the generally rectilinear body spacedly below the top of the generally rectilinear body and protruding inwardly from the one of the sides into the interior volume, the tap recess having a top portion, a bottom portion, a first side portion, a second side portion, and a base portion, each of the top portion, the bottom portion, the first side portion, the second side portion, and the base portion having opposing edge portions that are structurally interconnected to an adjacent edge portion of an adjacent tap recess portion so as to form a unitary tap recess, and outer edge portions of the tap recess are structurally interconnected to an interior facing surface of the generally planar side of the generally rectilinear body to form a fluid tight and air tight interconnection therebetween; and an annular shaped tap coupler anchor is structurally carried at a generally medial position on the base portion of the tap recess to releasably engage with a tap spear, and a spear hole is defined by the tap coupler anchor; and the spear hole communicates with the interior volume of the generally rectilinear body to allow the tap spear to be at least partially inserted into the interior volume.
However, Page discloses a tap recess (14) defined in one of the sides of the generally rectilinear body spacedly below the top of the generally rectilinear body and protruding inwardly from the one of the sides into the interior volume, the tap recess having a top portion, a bottom portion, a first side portion, a second side portion, and a base portion (see figs. 1 and 3), each of the top portion, the bottom portion, the first side portion, the second side portion, and the base portion having opposing edge portions that are structurally interconnected to an adjacent edge portion of an adjacent tap recess portion so as to form a unitary tap recess (i.e. surround aperture 29), and outer edge portions of the tap recess are structurally interconnected to an interior facing surface of the generally planar side (26) of the generally rectilinear body to form a fluid tight and air tight interconnection therebetween; and an annular shaped tap coupler anchor (33) is structurally carried at a generally medial position on the base portion of the tap recess (14) to releasably engage with a tap spear (40), and a spear hole (29) is defined by the tap coupler anchor; and the spear hole communicates with the interior volume of the generally rectilinear body to allow the tap spear to be at least partially inserted into the interior volume (see fig. 3).
It has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed (“to releasably engage with a tap spear”) does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. See MPEP 2114, II.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have located the spear hole in a tap recess in a side wall of the container body of Goedken et al. in view of Pryztulla et al, Furuhashi et al., and Godshalk et al., such as is taught by Page (i.e. for the purposes of facilitating dispensing by gravity), and since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. Please note that in the instant application, paragraph 0064, applicant has not disclosed any criticality for the claimed limitations (i.e. side location as opposed to upper corner location of tap anchor, etc.).
Response to Arguments
Applicant’s arguments with respect to the pending claim(s) have been considered but are moot because the new ground of rejection is necessitated by the amendment/new claims.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW T KIRSCH whose telephone number is (571)270-5723. The examiner can normally be reached Mon-Fri, 9a-5p EST.
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/ANDREW T KIRSCH/Primary Examiner, Art Unit 3733
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