DETAILED ACTION
This non-final Office action is in response to Applicant’s patent application filed on 10/10/2024. An action on the merits follows.
Claims 1-3 are pending in the application.
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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority under 35 U.S.C. 119(a)-(d). The certified copy has been filed.
Priority
Claim 1 has been given a priority date of 3/20/2019 (filing date of foreign application IL265513) since the claimed subject matter appears the above application.
Claims 2-3 have been given a priority date of 10/10/2024 (filing date of the instant application) The subject matter of producing an inflatable baby feeding container by squeezing a stretchy tube onto at least a first tubular rigid core by a heat-shrank catch-ring was first described in the instant application.
Claim Objections
Claims 1-3 are objected to because of the following informalities:
In claim 1, there are two step (iv). Steps should be renumbered to fix this typographical error.
In claims 1 and 3, “the inflatable baby feeding container” should recite “the disposable inflatable baby feeding container”.
In claim 1, “the inflatable container” should recite “the disposable inflatable baby feeding container”.
In claim 1, “the bag” should recite “the squeezable bag”.
In claim 2, “the tubular rigid core member” should recite “the tubular rigid core”.
In claim 2, “the heat-shrink catch-ring” should recite “the heat shrink catch-ring”.
Appropriate correction(s) is/are required. No new matter should be added.
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 1 and 3 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 pre-AIA the applicant regards as the invention.
Regarding claim 1, the limitation “(iii) suspending the squeezable bag with its open top widely open to enable introduction of ingredients of baby formula into the container through said open top; (iv) pouring water and baby feeding formula powder into the bag through its open top and finalizing the formula by stirring” is vague and unclear because it is unclear whether the “ingredients of baby formula” and “water and baby feeding formula powder” are the same limitations or different limitations. In order to prosecute the application, Examiner assumes the water and baby feeding formula powder are equivalent to the ingredients of step (iii). For example: pouring ingredients comprising water and baby feeding formula powder into the bag through its open top and finalizing the formula by stirring.
Claim 3 is directed to a method for finalizing a baby feeding formula and introducing it into a disposable inflatable baby feeding container. However, the claim has limitations that are directed to producing the inflatable baby feeding container itself. Therefore, it is unclear if the claim is for finalizing a baby feeding formula and introducing it into a disposable inflatable baby feeding container or making a disposable inflatable baby feeding container. In order to prosecute the application, Examiner assumes the steps for producing the disposable inflatable baby feeding container are optional.
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.
(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.
Claim 2 is rejected under 35 U.S.C. 102 (a)(1/2) as being anticipated by US#4,854,737 of Steer et al. (henceforth Steer).
Regarding claim 2, Steer teaches
A method for producing an expandable baby feeding container (10, the container can be used a baby feeding container), the method comprising
squeezing a stretchy tube (3) onto a tubular rigid core (2) to form a watertight connection between at least a first inner face region of the stretchy tube (see fig. 3) and an overlapping outer face region of the tubular rigid core (c. 2, l. 27-34), said squeezing comprises
(i) providing a heat shrink catch-ring (18) in position around a region where said watertight connection is intended (see figs. 3-4); and
(ii) providing the heat-shrink catch-ring with a predetermined dose of heat for having the stretchy tube squeezed against the tubular rigid core with a permanent watertight connection between the stretchy tube and the tubular rigid core (c. 2, l. 27-34).
Claim 2 is rejected under 35 U.S.C. 102 (a)(1/2) as being anticipated by EP#0920850 of Meijer et al. (henceforth Meijer).
Regarding claim 2, Meijer teaches
A method for producing an expandable baby feeding container (fig. 1, the container can be used a baby feeding container), the method comprising
squeezing a stretchy tube (11) onto a tubular rigid core (13) to form a watertight connection between at least a first inner face region of the stretchy tube (see figs. 3-4) and an overlapping outer face region of the tubular rigid core (para 0010, 0015), said squeezing comprises
(i) providing a heat shrink catch-ring (4) in position around a region where said watertight connection is intended (see figs. 3-4, para 0015); and
(ii) providing the heat-shrink catch-ring with a predetermined dose of heat for having the stretchy tube squeezed against the tubular rigid core with a permanent watertight connection between the stretchy tube and the tubular rigid core (para 0015-0017).
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 1 is rejected under 35 U.S.C. 103 as being unpatentable over USPGP# 20130074456 of Hradisky et al. (henceforth Hradisky) in view of USPGP# 20080105328 of Desmond (henceforth Desmond) and in further view of USPGP# 20120088022 of Carbone et al. (henceforth Carbone).
Regarding claim 1, Hradisky teaches
A method for finalizing a baby feeding formula and introducing it into a disposable inflatable baby feeding container (12), the method comprises
(i) providing a supply container (70) having an open top (top end of 72 as shown in fig. 2) and a formula discharging port (76) at its bottom (fig. 2);
(ii) providing for a liquid-proof connection between a liquid receiving port (16) of the disposable inflatable baby feeding container (para 0032) and the formula discharging port of the supply container;
(iii) suspending the supply container with its open top widely open to enable introduction of ingredients of baby formula into the container through said open top (para 0045-0046);
(iv) pouring ingredients of baby formula into the container through said open top (para 0045)
(iv) squeezing the supply container whereby discharging the prepared formula from the supply container into the disposable inflatable baby feeding container (para 0045-0046); and
(v) separating the disposable inflatable baby feeding container from the supply container.
Hradisky does not teach the supply container is a squeezable bag.
Desmond teaches a supply container (530) comprising a squeezable bag (530) having an open top (532) and a discharging port at its bottom (fig. 30, para 0131).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to replace the supply container of Hradisky with a squeezable bag as taught by Desmond in order to provide the predictable result of allowing a user to manually squeeze the bag to easily dispense the contents of the supply container without needing special tools such as a plunger. Additionally, both Hradisky and Desmond teach methods of using a supply containers for dispensing to a receiving container. It would have been obvious to one skilled in the art to substitute the method of dispensing from the supply container (plunger actuated) for the other (squeezing a squeezable bag) to achieve the predictable result of reliably and easily transferring contents from the supply container to the receiving container. KSR Int’l Co. V. Teleflex Inc. 550 U.S. 398, 82 USPQ 2d 1385 (Supreme Court 2007) (KSR)
The combination of Hradisky and Desmond does not explicitly teach the step of pouring water and baby feeding formula powder and finalizing the formula by stirring.
Carbone teaches
A method for finalizing a baby feeding formula and introducing it into a baby feeding container (500) comprising: pouring water (step 356 in fig. 7 and para 0068) and baby feeding formula powder (step 354 in fig. 7 and para 0067 and 0069) into the container and finalizing the formula by stirring (step 357 in fig. 7 and para 0069-0070).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the method of the combination of Hradisky and Desmond such that the ingredients are water and a baby feeding formula that mixed as taught by Carbone in order to provide the predictable result of allowing the method of the combination of Hradisky and Desmond to be more versatile (i.e. the method can be used to fill baby formula into the disposable inflatable baby feeding container, in addition to other liquid food as described in para 0045 of Hradisky).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Hradisky, Desmond and Carbone in view of Steer.
Regarding claim 3, as shown in claim 1, the combination of Hradisky, Desmond and Carbone teaches
the method further comprising
(ii) finalizing the baby feeding formula and introducing it into the inflatable baby feeding container (Hradisky: para 0046).
The combination of Hradisky, Desmond and Carbone does not teach
(i) producing the inflatable baby feeding container by squeezing a stretchy tube onto at least a first tubular rigid core by a heat-shrank catch-ring.
Steer teaches
A method for producing an inflatable baby feeding container (10, the container can be used a baby feeding container) by squeezing a stretchy tube (3) onto at least a first tubular rigid core (2) by a heat-shrank catch-ring (18, c. 2, l. 27-34).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the method of the combination of Hradisky, Desmond and Carbone with the additional step of producing the inflatable baby feeding container by squeezing a stretchy tube onto at least a first tubular rigid core by a heat-shrank catch-ring as taught by Steer in order to provide the predictable result of making leak resistant inflatable baby feeding container (Steer: c. 1, l. 31-35). This makes the inflatable baby feeding container more user friendly.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOBEEN AHMED whose telephone number is (571) 272-0356. The examiner can normally be reached on M-F (8:30 am to 5 pm).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna Kinsaul can be reached on 571-270-1926. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M. A./
Examiner, Art Unit 3731
/ANNA K KINSAUL/Supervisory Patent Examiner, Art Unit 3731