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 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) 1-5 and 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Arellano Aguilar et al. (US 11623852 B2) in view of Piepmeyer et al. (US 9487382 B1).
Regarding Claim 1, Arellano Aguilar teaches a motor vehicle (Fig. 1 element 10), comprising: a vehicle body (Fig. 4 element 14); and a bottle opener assembly mounted to the vehicle body and including a bottle opener portion (Fig. 4 element 38).
Arellano Aguilar fails to explicitly teach a magnetic cap capture and storage portion.
However, Piepmeyer teaches a magnetic cap capture and storage portion (Fig. 1 element A).
Arellano Aguilar and Piepmeyer are considered analogous to the claimed invention as they are in the same field of mountable bottle openers. It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the bottle opener assembly of Arellano Aguilar to have the magnetic capture and storage portion as disclosed by Piepmeyer. Doing so would simplify the process of disposing of the bottle caps as they magnetic surface stores them in a single space. Magnetic bottle cap retainers are known in the art to reduce the risk of the bottle caps falling on the floor/ground and are not considered novel.
Regarding Claim 2, Arellano Aguilar and Piepmeyer teach the limitations set forth in Claim 1.
Arellano Aguilar further discloses the bottle opener assembly is mounted to a door opening panel of the vehicle body (Shown in Fig. 2).
Regarding Claim 3, Arellano Aguilar and Piepmeyer teach the limitations set forth in Claim 2.
Arellano Aguilar further discloses the door opening panel (Fig. 4 element 14) interfaces with a closure member (Fig. 4 element 12) of the motor vehicle when the closure member is in a closed position relative to the vehicle body (Shown in Fig. 4).
Regarding Claim 4, Arellano Aguilar and Piepmeyer teach the limitations set forth in Claim 3.
Arellano Aguilar further discloses the closure member is a liftgate (Fig. 2 element 12).
Regarding Claim 5, Arellano Aguilar and Piepmeyer teach the limitations set forth in Claim 1.
Piepmeyer further discloses the magnetic cap capture and storage portion includes a magnet located inside a wall section of the magnetic cap capture and storage portion (Fig. 2 elements 44).
Regarding Claim 8, Arellano Aguilar and Piepmeyer teach the limitations set forth in Claim 1.
Piepmeyer further discloses a body of the bottle opener portion is integrally formed with a wall section of the magnetic cap capture and storage portion (Fig. 1 portion above element A considered bottle opener portion).
Regarding Claim 9, Arellano Aguilar and Piepmeyer teach the limitations set forth in Claim 1.
Arellano Aguilar further discloses a mounting flange integrally formed with the body or the wall section (Fig. upper element 36).
Regarding Claim 10, Arellano Aguilar and Piepmeyer teach the limitations set forth in Claim 1.
Arellano Aguilar further discloses the bottle opener portion includes a body and a bottle opener held within the body, the bottle opener including a tab and a lower edge that cooperate to apply an opening force for removing a bottle cap from a bottle when the bottle is oriented and moved relative to the bottle opener by a user (Fig. 5 tab 60 and lower edge 48).
Claim(s) 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Arellano Aguilar et al. (US 11623852 B2) in view of Piepmeyer et al. (US 9487382 B1), and further in view of Lin (US 20220135386 A1).
Regarding Claim 6, Arellano Aguilar and Piepmeyer teach the limitations set forth in Claim 5.
Arellano Aguilar and Piepmeyer fail to explicitly teach the wall section cooperates with additional wall sections to provide a trough of the magnetic cap capture and storage portion.
However, Lin teaches the wall section cooperates with additional wall sections to provide a trough of the magnetic cap capture and storage portion (Fig. 2 elements 18,23,24).
Arellano Aguilar, Piepmeyer and Lin are considered analogous to the claimed invention as they are in the same field of mountable bottle openers. It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the bottle opener assembly of Arellano Aguilar in view of Piepmeyer to have the additional wall sections forming a trough as disclosed by Lin. Doing so would allow the bottle opener assembly to be used a greater number of times before disposing of the bottle caps. The more bottle caps that are retained on the magnetic surface, the less reliable the magnetic catching will be. By including the trough, it would further increase the reliability of the catching structure.
Regarding Claim 7, Arellano Aguilar, Piepmeyer and Lin teach the limitations set forth in Claim 6.
Lin further discloses the trough is configured to capture a bottle cap that has been dislodged from a bottle by the bottle opener portion (Shown in Fig. 2).
Claim(s) 11-15 and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Arellano Aguilar et al. (US 11623852 B2) in view of Piepmeyer et al. (US 9487382 B1).
Regarding Claim 11, Arellano Aguilar teaches a motor vehicle (Fig. 1 element 10), comprising: a bottle opener assembly including: a bottle opener portion (Fig. 4 element 38); and a mounting portion (Fig. 4 elements 36).
Arellano Aguilar fails to explicitly teach a magnetic cap capture and storage portion.
However, Piepmeyer teaches a magnetic cap capture and storage portion (Fig. 1 element A).
Arellano Aguilar and Piepmeyer are considered analogous to the claimed invention as they are in the same field of mountable bottle openers. It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the bottle opener assembly of Arellano Aguilar to have the magnetic capture and storage portion as disclosed by Piepmeyer. Doing so would simplify the process of disposing of the bottle caps as they magnetic surface stores them in a single space. Magnetic bottle cap retainers are known in the art to reduce the risk of the bottle caps falling on the floor/ground and are not considered novel.
Regarding Claim 12, Arellano Aguilar and Piepmeyer teach the limitations set forth in Claim 11.
Arellano Aguilar further discloses the bottle opener assembly is mounted to a door opening panel of a vehicle body (Shown in Fig. 2).
Regarding Claim 13, Arellano Aguilar and Piepmeyer teach the limitations set forth in Claim 12.
Arellano Aguilar further discloses the door opening panel (Fig. 4 element 14) interfaces with a closure member (Fig. 4 element 14) of the motor vehicle when the closure member is in a closed position relative to the vehicle body (Shown in Fig. 4).
Regarding Claim 14, Arellano Aguilar and Piepmeyer teach the limitations set forth in Claim 13.
Arellano Aguilar further discloses the closure member is a liftgate (Fig. 2 element 12).
Regarding Claim 15, Arellano Aguilar and Piepmeyer teach the limitations set forth in Claim 11.
Piepmeyer further discloses the magnetic cap capture and storage portion includes a magnet located inside a wall section of the magnetic cap capture and storage portion (Fig. 2 elements 44).
Regarding Claim 18, Arellano Aguilar and Piepmeyer teach the limitations set forth in Claim 11.
Piepmeyer further discloses a body of the bottle opener portion is integrally formed with a wall section of the magnetic cap capture and storage portion (Fig. 1 portion above element A considered bottle opener portion).
Regarding Claim 19, Arellano Aguilar and Piepmeyer teach the limitations set forth in Claim 18.
Arellano Aguilar further discloses a first mounting flange of the mounting portion is integrally formed with the body or the wall section (Fig. 5 upper element 36).
Regarding Claim 20, Arellano Aguilar and Piepmeyer teach the limitations set forth in Claim 19.
Arellano Aguilar further discloses a second mounting flange of the mounting portion is integrally formed with the other of the body or the wall section (Fig. 5 left element 36).
Claim(s) 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Arellano Aguilar et al. (US 11623852 B2) in view of Piepmeyer et al. (US 9487382 B1), and further in view of Lin (US 20220135386 A1)
Regarding Claim 16, Arellano Aguilar and Piepmeyer teach the limitations set forth in Claim 15.
Arellano Aguilar and Piepmeyer fail to explicitly teach the wall section cooperates with additional wall sections to provide a trough of the magnetic cap capture and storage portion.
However, Lin teaches the wall section cooperates with additional wall sections to provide a trough of the magnetic cap capture and storage portion (Fig. 2 elements 18,23,24).
Arellano Aguilar, Piepmeyer and Lin are considered analogous to the claimed invention as they are in the same field of mountable bottle openers. It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the bottle opener assembly of Arellano Aguilar in view of Piepmeyer to have the additional wall sections forming a trough as disclosed by Lin. Doing so would allow the bottle opener assembly to be used a greater number of times before disposing of the bottle caps. The more bottle caps that are retained on the magnetic surface, the less reliable the magnetic catching will be. By including the trough, it would further increase the reliability of the catching structure.
Regarding Claim 17, Arellano Aguilar, Piepmeyer and Lin teach the limitations set forth in Claim 6.
Lin further discloses the trough is configured to magnetically capture a bottle cap that has been dislodged from a bottle by the bottle opener portion (Shown in Fig. 2).
Conclusion
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/E.A./Examiner, Art Unit 3644
/Nicholas McFall/Primary Examiner, Art Unit 3644
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