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 .
Response to Arguments
Applicants’ arguments filed 06/30/2026 have been fully considered but they are not persuasive. Applicants’ amendments are not persuasive because a cap member made of material that contains recycled material that has been used once and discarded and then processed through material recycling or chemical recycling to become reusable is a matter of obvious design choice. It has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
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.
Claim 4 is 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 4 recites the limitation "the opening" in line 2. There is insufficient antecedent basis for this limitation in the claim.
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(s) 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over Ishizawa (US 2020/0238722) in view of Mizutani (US 2017/0355191) in view of Hatasa (US 2001/0033315).
With regard to claim 1, Ishizawa discloses a liquid container (63) [Fig. 6] that supplies a liquid [ink; Para. 0034] to a printer (21) [Para. 0024; Fig. 1], the liquid container comprising:
a main portion (64) [main body; Para. 006] that has openings (not labeled, 145) [the top opening is opening for insert (74); Figs. 8-9] and is configured to contain the liquid; and
a cap member (68, 150, 74) [cap; Para. 0037] that is detachably attached to the main portion [Fig. 7, Fig. 10] and closes the openings in an openable and closeable manner [Figs. 7 and 11],
Ishizawa does not explicitly disclose wherein the cap member is made of a material that contains a recycled material that has been used once and discarded and then processed through material recycling or chemical recycling to become reusable.
Mizutani teaches wherein the cap member is made of a material that contains a recycled material [material having elasticity; Para. 0072].
Hatasa teaches that a cap member (515) [cover, Para. 0051] can be formed using materials recycled from waste articles [Para. 0051].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize a cap that that has been used once and discarded and then processed through material recycling or chemical recycling to become reusable since the recycled materials are generally low in resistance to the impact cause by dropping.
With regard to claim 2, Ishizawa discloses wherein the main portion has a top portion and a bottom portion opposite the top portion [Fig. 9], the main portion having a first opening (65) at the top portion for supplying the liquid to the printer [Fig. 9] and a second opening (145) at the bottom portion [Fig. 8], and
the cap member includes a first cap member (68) configured to close the first opening and a second cap member (155) configured to close the second opening [Fig. 9].
With regard to claim 3, Ishizawa discloses wherein an opening area of the second opening is larger than an opening area of the first opening [Fig. 9].
With regard to claim 4, Ishizawa discloses wherein the opening is a first opening (65) [outlet; Fig. 5] for supplying the liquid to the printer [Para. 0067],
the cap member includes an outlet member (150) and a first cap member (68), the outlet member including wall portions (67) defining a liquid outlet portion (66) [ink outlet; Para. 0058; Fig. 10], and the first cap member covering the liquid outlet portion of the outlet member [Figs. 11-12],
the liquid outlet portion is a liquid outlet (65) for supplying the liquid flowing from the first opening to the printer [Para. 0038], and
Ishizawa does not disclose the outlet member and the first cap member are formed using materials having similar physical properties.
Mizutani teaches the outlet member and the first cap member are formed using materials having similar physical properties [Para. 0066].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to form the outlet member and the first cap using materials having similar physical properties for the purpose of the cap member and the outlet member being sturdy enough to engage with each other.
With regard to claim 5, Ishizawa discloses further comprising a liquid type identification structure (72) disposed around the liquid outlet portion, wherein the liquid type identification structure is configured as a separate body from the outlet member [Para. 0045, See also Para. 0036; Fig. 7]
With regard to claim 6, Ishizawa discloses wherein the openings include a first opening (not labeled) [opening for insert (74)] for supplying the liquid to the printer [Para. 0067] and a second opening (145) [Fig. 8] disposed at a position different from the first opening [Fig. 8].
the cap member includes an outlet member (150) and a first cap member (68), and a second cap member (141) [lower cover; Para. 0039], the outlet member including wall portions (67) defining a liquid outlet portion (66) [ink outlet; Para. 0058; Fig. 10], the first cap member covering the liquid outlet portion of the outlet member [Fig. 11], and the second cap member closing the second opening in an openable and closable manner [the cover is attached to the container body as a separate member; Para. 0039; Fig. 7],
the liquid outlet portion is a liquid outlet (65) for supplying the liquid flowing from the first opening to the printer [Para. 0038], and
Ishizawa does not disclose the outlet member and the first cap member are formed using materials having similar physical properties.
Mizutani teaches the outlet member and the first cap member are formed using materials having similar physical properties [Para. 0066].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to form the outlet member, the first cap and the second cap using materials having similar physical properties for the purpose of the cap member and the outlet member being sturdy enough to engage with each other and sturdy enough to prevent collapsing when sitting.
With regard to claim 7, Ishizawa does not disclose wherein a material of the main portion has a strength higher than that of the material of the cap member.
Mizutani teaches wherein a material of the main portion has a strength higher than that of the material of the cap member [material for container body may be a metal material; Para. 0062].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize a main portion with a material strength higher than that of the material of the cap member for the purpose of sturdy engagement.
Conclusion
Applicants’ 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 TRACEY M MCMILLION whose telephone number is (571)270-5193. The examiner can normally be reached Monday-Friday 6AM-2:30PM EST.
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/TRACEY M MCMILLION/Examiner, Art Unit 2853
/KRISTAL FEGGINS/Primary Examiner, Art Unit 2853
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