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
Applicant's election with traverse of Group I in the reply filed on 5 January 2026 is acknowledged. The traversal is on the ground(s) that there would not be a serious burden on the Examiner to examine the claims of both groups together because MPEP 904 discusses that a thorough and comprehensive examination of even one claim group should involve searching different classes, subclasses, electronic resources, and employing different search strategies to identify the most relevant prior art such that employing a multifaceted search strategy covering different fields, classes, and subject matter cannot be considered a “serious” burden but instead is part of the normal burden of examine a patent application and the subject matter of Groups I and II are believed to be sufficiently related that a thorough search of the subject matter of one claim Group would encompass a search of the subject matter of both claim Groups. This is not found persuasive because as MPEP 904 does not control the establishment of burden. MPEP 808.02 makes clear that separate classification and different fields of search are proper means of establishing serious search burden. As group I is classified in B65D47/32 and Group II is classified in B67B7/24, serious burden is established. Additionally, a search for Group II would involve different search queries including at least piercing.
The requirement is still deemed proper and is therefore made FINAL.
Claims 18-22 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 5 January 2026.
Drawings
Color photographs and color drawings are not accepted in utility applications unless a petition filed under 37 CFR 1.84(a)(2) is granted. Any such petition must be accompanied by the appropriate fee set forth in 37 CFR 1.17(h), one set of color drawings or color photographs, as appropriate, if submitted via the USPTO patent electronic filing system or three sets of color drawings or color photographs, as appropriate, if not submitted via the via USPTO patent electronic filing system, and, unless already present, an amendment to include the following language as the first paragraph of the brief description of the drawings section of the specification:
The patent or application file contains at least one drawing executed in color. Copies of this patent or patent application publication with color drawing(s) will be provided by the Office upon request and payment of the necessary fee.
Color photographs will be accepted if the conditions for accepting color drawings and black and white photographs have been satisfied. See 37 CFR 1.84(b)(2).
The drawings are objected to as failing to comply with C.F.R 1.84(u) because the different views must be numbered in consecutive Arabic numerals, starting with 1, independent of the numbering of the sheets and, if possible, in the order in which they appear on the drawing sheet(s). Partial views intended to form one complete view, on one or several sheets, must be identified by the same number followed by a capital letter. View numbers must be preceded by the abbreviation "FIG." Where only a single view is used in an application to illustrate the claimed invention, it must not be numbered and the abbreviation "FIG." must not appear. MPEP 608.02 V. See figure 1 which includes two views.
The drawings are objected to as failing to comply with C.F.R 1.84(h)(3) because the plane upon which a sectional view is taken should be indicated on the view from which the section is cut by a broken line. The ends of the broken line should be designated by Arabic or Roman numerals corresponding to the view number of the sectional view, and should have arrows to indicate the direction of sight. Hatching must be used to indicate section portions of an object, and must be made by regularly spaced oblique parallel lines spaced sufficiently apart to enable the lines to be distinguished without difficulty. MPEP 608.02 V.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “106” has been used to designate both retention mechanism and compression member.
The drawings are objected to as failing to comply with C.F.R 1.84(m) because the use of shading in views is encouraged if it aids in understanding of the invention and if it does not reduce legibility. Shading is used to indicate the surface of spherical, cylindrical, and conical elements of an object. Flat parts may also be lightly shaded. Such shading is preferred in the case of parts shown in perspective, but not for cross sections. See paragraph (h)(3) of this section. Spaced lines for shading are preferred. These lines must be thin, as few in number as practicable, and they must contrast with the rest of the drawings. As a substitute for shading, heavy lines on the shade side of objects can be used except where they superimpose on each other or obscure reference characters. Light should come from the upper left corner at an angle of 45 degrees. Surface delineations should preferably be shown by proper shading. Solid black shading areas are not permitted, except when used to represent bar graphs or color. MPEP 608.02 V.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “20” has been used to designate both wall and closure. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: sealing material.
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 2, 3, 5, 8, 9, 15, and 16 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 2 recites the limitation "the sealing material" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 3 recites the limitation "the access opening" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation "the rigid polymeric material" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "the top surface" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "the bottom surface" in lines 4 and 6. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "the closed configuration" in lines 4-5 and 8. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "the at least one vent hole" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 is led to be indefinite as it is unclear if the at least one vent hole is a newly recited structure or refers back to at least one vent opening of claim 1. In light of the original disclosure and in order to apply art the claim will be interpreted as the latter.
Claim 15 recites the limitation "the sealing material" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 16 recites the limitation "the access opening" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1-3 and 6-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Knight (US 20180148234).
Claim 1: Knight discloses a chemical reservoir assembly comprising: a container 1 (reservoir) having a body defining an interior volume configured to receive and hold a liquid chemical, the container 1 (reservoir) defining an outlet opening; a closure 102 sealing off the outlet opening, the closure 102 comprising: a top wall having an outward opening 361 (access opening) extending through the top wall; and a sealing disc positioned under the top wall and across the outward opening 361 (access opening), the sealing disc comprising at least one opening 45 (vent opening) extending through the sealing disc, the at least one opening 45 (vent opening) being positioned under the top wall and offset from the outward opening 361 (access opening), wherein the sealing disc is fixedly positioned relative to the top wall, and the sealing disc comprises a compressible material [see P. 0066-0067] configured to compress in response to some discharge device being inserted into the outward opening 361 (access opening) and pressing against the compressible material, thereby opening a venting pathway from the outward opening 361 (access opening) through the at least one opening 45 (vent opening) (see annotated fig. 10 below and fig. 15).
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Claim 2: Knight discloses wherein the sealing disc comprises an access opening covered by the sealing material, the access opening of the sealing disc being aligned with the outward opening 361 (access opening) extending through the top wall (see annotated fig. 10 above).
Claim 3: Knight discloses a liquid dispensing tube connected to and extending downwardly from the sealing disc, the access opening of the sealing disc extending through the liquid dispensing tube (see annotated fig. 10 above).
Claim 6: Knight discloses wherein: the sealing disc has a top surface comprising the compressible material; the top wall has a bottom surface; and the top surface of the sealing disc is positioned pressing against the bottom surface of the top wall in a closed configuration, and the compressible material is sufficiently compressible to compress out of contact with the bottom surface of the top wall, when some discharge device presses against the compressible material (see annotated fig. 10 above and P. 0066-0067).
Claim 7: Knight discloses wherein the top wall comprise a blocking portion 148 (sealing ridge) positioned between the outward opening 361 (access opening) and the at least one opening 45 (vent opening) (see annotated fig. 10 above).
Claim 8: Knight discloses wherein a bottom surface of the top wall defines a planar surface and the blocking portion 148 (sealing ridge) extending downwardly from the planar surface, the blocking portion 148 (sealing ridge) being pressed against the compressible material of the sealing disc in the closed configuration (see annotated fig. 10 above).
Claim 9: Knight discloses wherein the at least one opening 45 (vent opening) comprises a plurality of openings 45 (vent holes) arrayed about a perimeter of the sealing disc (see annotated fig. 10 above and fig. 11).
Claim 10: Knight discloses wherein the closure 102 further comprises a sidewall extending downwardly from the top wall and the sealing disc is fixedly connected to the sidewall (see annotated fig. 10 above).
Claim 11: Knight discloses wherein the top wall defines an annulus with the outward opening 361 (access opening) extending through a center of the annulus (see annotated fig. 10 above).
Claim 12: Knight discloses wherein: the container 1 (reservoir) comprises a cylindrical neck [see P. 0062 and cylindrical shape of fig. 11] defining the outlet opening; the closure 102 further comprises a sidewall extending downwardly from the top wall to define a cap; and the cap is secured to the cylindrical neck of the reservoir (see fig. 15 and annotated fig. 10 above).
Claim 13: Knight discloses wherein: the cylindrical neck defines an external threading; the sidewall comprises an internal threading; and the cap is screwably engaged to the cylindrical neck (see P. 0011, 0102, fig. 15, and annotated fig. 10 above).
Claim 14: Knight discloses a closure 102 (closure cap) for sealing off an outlet opening of a liquid reservoir, the closure 102 (closure cap) comprising: a top wall having an outward opening 361 (access opening) extending through the top wall; a sidewall connected to and extending downwardly from the top wall to bound a space configured to receive an outlet opening of a liquid reservoir; and a sealing disc positioned under the top wall and across the outward opening 361 (access opening), the sealing disc comprising at least one opening 45 (vent opening) extending through the sealing disc, the at least one opening 45 (vent opening) being positioned under the top wall and offset from the outward opening 361 (access opening), wherein the sealing disc is fixedly positioned relative to the top wall, and the sealing disc comprises a compressible material [see P. 0066-0067] configured to compress in response to some discharge device being inserted into the outward opening 361 (access opening) and pressing against the compressible material, thereby opening a venting pathway from the outward opening 361 (access opening) through the at least one opening 45 (vent opening) (see annotated fig. 10 above).
Claim 15: See claim 2 above.
Claim 16: See claim 3 above.
Claim 17: See claim 6 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Knight (US 20180148234) as applied to claim 1 above, and further in view of Gallmetzer (US 20240091101).
Claim 4: Knight discloses the claimed invention except wherein the sealing disc comprises a rigid polymeric material covered with the compressible material.
Gallmetzer teaches a closure system 10’ having a pressfit cap 18’ made of polycarbonate (rigid polymeric material) and covered by a sealing stopper 12’ made of rubber, wherein the pressfit cap 18’ snaps with a retaining ring 40 (see P. 0016 and fig. 17c).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the sealing disc such that the periphery was formed of a polycarbonate (rigid polymeric material) covered by the remaining compressible material and snapped within the closure 3, as taught by Gallmetzer, in order to provide a more robust engagement between the sealing disc and closure 3 as the stiffer polycarbonate (rigid polymeric material) will be less likely to deform and unsnap.
Claim 5: Knight discloses the claimed invention except wherein the compressible material is molded over the rigid polymeric material.
Gallmetzer teaches a closure system 10’ having a pressfit cap 18’ made of polycarbonate (rigid polymeric material) and covered by a sealing stopper 12’ made of rubber, wherein the pressfit cap 18’ snaps with a retaining ring 40, and wherein the ensemble of the sealing stopper 12’ and pressfit cap 18’ can be produced in an injection molding process (see P. 0016, 0070, and fig. 17c).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the sealing disc such that the periphery was formed of a polycarbonate (rigid polymeric material) covered by the remaining compressible material and snapped within the closure 3, as taught by Gallmetzer, in order to provide a more robust engagement between the sealing disc and closure 3 as the stiffer polycarbonate (rigid polymeric material) will be less likely to deform and unsnap.
“Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985) (citations omitted).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALLAN D STEVENS whose telephone number is (571)270-7798. The examiner can normally be reached Monday-Friday 12-8 ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E. Aviles can be reached at (571)270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALLAN D STEVENS/Primary Examiner, Art Unit 3736
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