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 .
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 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.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-5, 7 and 8-10 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 11, 15, 16 and 21 of U.S. Patent No. 10,258,710 in view of Duston et al (U.S. 2004/0182949). Although the claims at issue are not identical, they are not patentably distinct from each other because the examined application claims would be obvious over U.S. Patent No. 10,258,710:
18/925,658
U.S. Patent 10,258,710
1. A bottle for a refill for dispensing a volatile material, comprising: a body defined by at least one sidewall; a neck extending upwardly from the at least one sidewall, the neck comprising a rim at an upper end of the neck, wherein the rim is defined by at least an inner surface, a chamfered surface, a top surface, and an outer surface, wherein a channel of the bottle defines the longitudinal axis, wherein the chamfered surface adjoins the inner surface of the rim, and wherein the entire chamfered surface is tapered at an angle of between about 2 and about 9 degrees with respect to the longitudinal axis.
However, U.S. Patent 10,258,710 does not claim the body wherein the sidewall extends upwardly from a bottom wall and bows outwardly from a longitudinal axis.
Duston teaches a bottle (20) for a volatile substance wherein the body of the bottle has a sidewall (30) that extends upwardly from a bottom wall (as seen in Fig 2) and bows outwardly from a longitudinal axis (as seen in Fig 2, 3 and 14, the sidewall 30 bows outwardly from the bottom wall).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified U.S. Patent 10,258,710 to incorporate the teachings of Duston to provide a sidewall that bows outwardly in order to aid the user in grasping during bottle extraction/manipulation (as disclosed in Par 0023 of Duston).
4. The bottle of claim 1, wherein the chamfered surface of the rim is tapered at an angle of between 4 and 7 degrees (this range is within the range of 3 to 8 degrees).
5. The bottle of claim 1 further comprising a first thread that is disposed on the neck.
8. The bottle of claim 1, wherein the chamfered surface of the rim extends around the entire rim.
11. A refill for dispensing a volatile material, comprising: a bottle comprising: a body defined by at least one sidewall; a neck extending outwardly from the at least one sidewall, the neck comprising: threading circumscribing at least a portion of the neck; and a rim at an upper end of the neck, the rim defined by an inner surface, a chamfered surface, an outer surface, and a top surface extending between the inner and outer surfaces; a channel formed by the neck, a longitudinal axis being defined by the channel; a wick having a first end positioned within the bottle and a second end extending out of the bottle, the wick being positioned within the channel; a plug coupled to the neck of the bottle, the plug retaining the wick within the bottle and comprising a well formed by walls of the plug; and a cap attached to the bottle, the cap comprising a seal skirt that extends into the well when the cap is secured to the bottle, wherein the chamfered surface extends from the inner surface of the rim, and wherein the entire chamfered surface is tapered outward from the longitudinal axis at an angle of between about 3 and about 8 degrees with respect to the longitudinal axis.
2. The bottle of claim 1, wherein the rim further includes an angled surface that joins the top surface and the chamfered surface of the rim, and wherein the angled surface is disposed at an angle of between about 30 degrees and about 70 degrees with respect to the longitudinal axis.
3. The bottle of claim 2, wherein the angled surface joins the chamfered surface.
21. The refill of claim 11, wherein the rim further includes an angled surface that joins the top surface and the chamfered surface of the rim, wherein the angled surface is disposed at an angle of between about 30 degrees and about 70 degrees with respect to the longitudinal axis.
9. The bottle of claim 1, wherein a first annular protrusion is disposed along the outer surface of the rim between threading along the neck and the top surface of the rim.
10. The refill of claim 9, wherein the first annular protrusion is configured to receive a second annular protrusion that is disposed along an inner surface of an outer wall of a plug.
15. The refill of claim 11, wherein a first annular protrusion is disposed along the outer surface of the rim between the threading and the top surface of the rim.
16. The refill of claim 15, wherein a second annular protrusion is disposed along an inner surface of an outer wall of the plug, wherein the second annular protrusion snaps over the first annular protrusion to retain the plug on the neck of the refill.
7. The bottle of claim 1, wherein multiple discrete portions of the inner surface of the rim form the chamfered surface (It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the chamfered surface from multiple discrete portions, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art; as it was determined in In re Harza, where the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced (MPEP 2144.04 VI B). In this case adding multiple discrete portions to the chamfered surface would yield predictable results; as they would work equally well as a single portion. Furthermore, Applicant has not provided any criticality for this configuration. In fact, Applicant discloses that the chamfered surface can also be formed from a single portion (see Applicant’s specification Par 0034)).
Claims 11-14 16-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 11, 15, 16 and 21 of U.S. Patent No. 10,258,710. Although the claims at issue are not identical, they are not patentably distinct from each other because both claim the same structural elements in their device:
18/925,658
U.S. Patent 10,258,710
11. A bottle for a refill for dispensing a volatile material, comprising: a body defined by at least one sidewall; and a neck extending outwardly from the at least one sidewall, the neck comprising: threading circumscribing at least a portion of the neck; and a rim at an upper end of the neck, the rim defined by an inner surface, a chamfered surface, an outer surface, and a top surface extending between the inner and outer surfaces, wherein a channel is formed by the neck, a longitudinal axis being defined by the channel, wherein the chamfered surface extends from the inner surface of the rim, wherein the entire chamfered surface is tapered outward from the longitudinal axis at an angle of between about 3 and about 8 degrees with respect to the longitudinal axis, and wherein the rim further includes an angled surface that joins the top surface and the chamfered surface of the rim.
12. The bottle of claim 11, wherein the angled surface is disposed at an angle of between about 30 degrees and about 70 degrees with respect to the longitudinal axis.
13. The bottle of claim 12, wherein the angled surface joins the chamfered surface.
14. The bottle of claim 11 further comprising, a first thread that is disposed on the neck.
18. The bottle of claim 17, wherein the chamfered surface of the rim is tapered at an angle of between about 4 and about 7 degrees (this is within range 3 to 8 degrees).
20. The bottle of claim 11, wherein the chamfered surface of the rim extends around the entire rim.
11. A refill for dispensing a volatile material, comprising: a bottle comprising: a body defined by at least one sidewall; a neck extending outwardly from the at least one sidewall, the neck comprising: threading circumscribing at least a portion of the neck; and a rim at an upper end of the neck, the rim defined by an inner surface, a chamfered surface, an outer surface, and a top surface extending between the inner and outer surfaces; a channel formed by the neck, a longitudinal axis being defined by the channel; a wick having a first end positioned within the bottle and a second end extending out of the bottle, the wick being positioned within the channel; a plug coupled to the neck of the bottle, the plug retaining the wick within the bottle and comprising a well formed by walls of the plug; and a cap attached to the bottle, the cap comprising a seal skirt that extends into the well when the cap is secured to the bottle, wherein the chamfered surface extends from the inner surface of the rim, and wherein the entire chamfered surface is tapered outward from the longitudinal axis at an angle of between about 3 and about 8 degrees with respect to the longitudinal axis.
21. The refill of claim 11, wherein the rim further includes an angled surface that joins the top surface and the chamfered surface of the rim, wherein the angled surface is disposed at an angle of between about 30 degrees and about 70 degrees with respect to the longitudinal axis.
16. The bottle of claim 11, wherein a first annular protrusion is disposed along the outer surface of the rim between the threading and the top surface of the rim.
17. The bottle of claim 16, wherein the first annular protrusion is configured to receive a second annular protrusion that is disposed along an inner surface of an outer wall of a plug.
15. The refill of claim 11, wherein a first annular protrusion is disposed along the outer surface of the rim between the threading and the top surface of the rim.
16. The refill of claim 15, wherein a second annular protrusion is disposed along an inner surface of an outer wall of the plug, wherein the second annular protrusion snaps over the first annular protrusion to retain the plug on the neck of the refill.
19. The bottle of claim 11, wherein multiple discrete portions of the inner surface of the rim form the chamfered surface (It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the chamfered surface from multiple discrete portions, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art; as it was determined in In re Harza, where the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced (MPEP 2144.04 VI B). In this case adding multiple discrete portions to the chamfered surface would yield predictable results; as they would work equally well as a single portion. Furthermore, Applicant has not provided any criticality for this configuration. In fact, Applicant discloses that the chamfered surface can also be formed from a single portion (see Applicant’s specification Par 0034)).
Claim Interpretation
Examiner notes that the term “about” is defined in the specification (Par 0021) to mean plus or minus 5% of the number that each term precedes. Examiner will interpret the claimed ranges in view of this definition.
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 14 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 14 discloses: “a first thread that is disposed on the neck”. However, independent claim 11 discloses: “threading circumscribing at least a portion of the neck”. It is unclear if the first thread of claim 14 is the same as the threading of claim 11, or if it is a separate feature altogether. For examination purposes and based on disclosure, Examiner will interpret the limitation of claim 14 as the same threading of claim 11, since the neck of the bottle is disclosed as having a single threading (72, seen in Applicant’s figures 7 and 8).
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.
Claims 1 and 4-10 are rejected under 35 U.S.C. 103 as being unpatentable over Gasper et al (U.S. 2011/0139892) in view of Odet et al (FR 2839296 A1). Note: refences to Odet are referring to the translation provided by Examiner herewith.
Regarding claim 1, Gasper teaches a bottle (52) for a refill (50) for dispensing a volatile material (as disclosed in abstract), comprising:
a body (60) defined by at least one sidewall (65c);
a neck (68) extending upwardly from the at least one sidewall (as seen in Figs 2a and 2b), the neck comprising a rim (defined by top portion 76 of neck 60) at an upper end of the neck (as seen in Fig 2a), wherein the rim is defined by at least an inner surface (shown below), a top surface (shown below), and an outer surface (shown below),
wherein the sidewall (65c) extends upwardly from a bottom wall (64) and bows outwardly from a longitudinal axis (shown below) (as seen in Fig 2, the sidewall 65c extends from bottom wall 64 and bulges outwardly from the longitudinal axis),
wherein a channel (74) of the bottle defines the longitudinal axis (the center of the channel 74 defines the longitudinal axis therethrough, see Fig 2b),
However, Gasper does not teach the rim having a chamfered surface; wherein the entire chamfered surface is tapered at an angle of between about 2 and about 9 degrees with respect to the longitudinal axis; wherein the chamfered surface adjoins the inner surface of the rim.
Odet teaches a bottle comprising a neck (1) with a rim (defined by upper portion of neck 1) having a chamfered surface (chamfer 15); wherein the entire chamfered surface is tapered at an angle of between about 2 and about 9 degrees with respect to the longitudinal axis (as disclosed in the highlighted section in the translation provided herewith, the chamfer surface 15 is at an angle of 5 degrees with respect to longitudinal axis X); wherein the chamfered surface adjoins an inner surface of the rim (as seen in Fig 1, the chamfered surface 15 adjoins the inner surface 14).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Gasper to incorporate the teachings of Odet to provide a chamfered surface to the inner surface of the rim in order to allow for relative centering of the plug when the plug is attached to the neck; this reduces stress to the parts that engage the neck to the plug (as disclosed by Odet in the section highlighted).
Note: references in parenthesis hereafter are referencing Gasper, unless otherwise stated.
Regarding claim 4, Gasper and Odet teach the bottle of claim 1, wherein the chamfered surface of the rim is tapered at an angle of between 4 and 7 degrees (as disclosed in the highlighted section in the translation of Odet provided herewith, the chamfer surface 15 is at an angle of 5 degrees with respect to longitudinal axis X).
Regarding claim 5, Gasper and Odet teach the bottle of claim 1 further comprising a first thread (threads 70) that is disposed on the neck (70 is on neck 68, see Fig 2b).
Regarding claim 6, Gasper and Odet teach the bottle of claim 5, wherein the chamfered surface begins at or above an uppermost extent of the first thread (the chamfer surface 15 of Odet is designed to contact plug portion 241, as such in combination, the chamfer surface would contact portion 81 of plug 54 of Gasper; as seen in Fig 2b, the thread 70 defined below the plug; thus, the chamfered surface would begin above the uppermost part of thread 70, as claimed).
Regarding claim 7, Gasper and Odet teach the bottle of claim 1. However, they do not teach the device wherein multiple discrete portions of the inner surface of the rim form the chamfered surface (Odet teaches the chamfered surface 15 as a single portion).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the chamfered surface from multiple discrete portions, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art; as it was determined in In re Harza, where the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced (MPEP 2144.04 VI B). In this case adding multiple discrete portions to the chamfered surface would yield predictable results; as they would work equally well as a single portion. Furthermore, Applicant has not provided any criticality for this configuration. In fact, Applicant discloses that the chamfered surface can also be formed from a single portion (see Applicant’s specification Par 0034).
Regarding claim 8, Gasper and Odet teach the bottle of claim 1, wherein the chamfered surface of the rim extends around the entire rim (as disclosed in the highlighted section of Odet, the chamfered surface is disposed between annular sections 13 and 14; as such the chamfered surface extends around the entire rim).
Regarding claim 9, Gasper and Odet teach the bottle of claim 1, wherein a first annular protrusion (86) is disposed along the outer surface of the rim between threading along the neck and the top surface of the rim (see Par 0057 and Fig 2b).
Regarding claim 10, Gasper and Odet teach the refill of claim 9, wherein the first annular protrusion is configured to receive a second annular protrusion (85) that is disposed along an inner surface of an outer wall of a plug (protrusion 85 projects inwardly from plug 54, and mates with first protrusion 86).
Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Gasper et al (U.S. 2011/0139892) in view of Odet et al (FR 2839296 A1), further in view of Culver (U.S. 3,802,590).
Regarding claim 2, Gasper and Odet teach the bottle of claim 1, wherein the rim further includes an angled surface (as shown below, the rim includes an external fillet surface, as such certain tangential portions of that surface define an angled surface) that joins the top surface and the chamfered surface of the rim (as seen below, the fillet surface adjoins the top surface of the rim; and in combination this surface adjoins to the chamfered surface of Odet at its opposite end), and wherein the angled surface is disposed at an angle of between about 30 degrees and about 70 degrees with respect to the longitudinal axis (since the angled surface is a fillet surface, there are certain tangential portions of this surface that have an angle of about 30 to 70 degrees with respect to the longitudinal axis).
If it is found that Gasper does not teach an angled surface that joins the top surface and the chamfered surface of the rim, wherein the angled surface is disposed at an angle of between about 30 degrees and about 70 degrees with respect to the longitudinal axis, Culver teaches a bottle neck (12) and plug (closure 10) with a pressure ring (42), wherein the neck has a rim (defined by upper portion neck 12) that has an angled surface (28) that joins a top surface (26) of the rim (see Fig 5), wherein the angled surface is disposed at an angle of between about 30 degrees and about 70 degrees with respect to the longitudinal axis (as disclosed in col 6, line 54, the angled surface is at a 45 degree angle from the longitudinal axis).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Gasper to incorporate the teachings of Culver to provide an angled surface to the rim and a corresponding pressure ring to the plug in order to ensure the plug is sealed to the rim in a manner that prevents backing off and can withstand axial and vertical forces (as disclosed in col 5, line 65 to col 6, line 14 of Culver). This would ensure the volatile material in the bottle of Gasper remains hermetically sealed in the bottle. In combination, the angled surface as taught by Culver would connect to the chamfer surface as modified by Odet.
Regarding claim 3, Gasper, Odet and Culver teach the bottle of claim 2, wherein the angled surface joins the chamfered surface (in combination, the angled surface 28 as taught by Culver would adjoin to the chamfer surface 15 as modified by Odet).
Claims 11-20 are rejected under 35 U.S.C. 103 as being unpatentable over Gasper et al (U.S. 2011/0139892) in view of Odet et al (FR 2839296 A1) and Culver (U.S. 3,802,590). Note: refences to Odet are referring to the translation provided by Examiner herewith.
Regarding claim 11, Gasper teaches a bottle (52) for a refill (50) for dispensing a volatile material (as disclosed in abstract), comprising:
a body (60) defined by at least one sidewall (65c); and
a neck (68) extending outwardly from the at least one sidewall (as seen in Figs 2a and 2b), the neck comprising:
threading (70) circumscribing at least a portion of the neck (70 is on neck 68, see Fig 2b); and
a rim (defined by top portion 76 of neck 60) at an upper end of the neck (as seen in Fig 2a), the rim defined by an inner surface (shown below), an outer surface (shown below), and a top surface (shown below) extending between the inner and outer surfaces (as shown below),
wherein a channel (74) is formed by the neck (see Fig 2b), a longitudinal axis (shown below) being defined by the channel (the center of the channel 74 defines the longitudinal axis therethrough, see Fig 2b), and
wherein the rim further includes an angled surface (as shown below, the rim includes an external fillet surface, as such certain tangential portions of that surface define an angled surface) that joins the top surface (as seen below, the fillet surface adjoins the top surface of the rim).
However, Gasper does not teach the rim having a chamfered surface, wherein the chamfered surface extends from the inner surface of the rim, wherein the entire chamfered surface is tapered outward from the longitudinal axis at an angle of between about 3 and about 8 degrees with respect to the longitudinal axis.
Odet teaches a bottle comprising a neck (1) with a rim (defined by upper portion of neck 1) having a chamfered surface (chamfer 15); wherein the chamfered surface extends from an inner surface (14) of the rim (as seen in Fig 1, the chamfered surface 15 extends from inner surface 14), wherein the entire chamfered surface is tapered outward (as seen in Fig 1) from the longitudinal axis at an angle of between about 3 and about 8 degrees with respect to the longitudinal axis (as disclosed in the highlighted section in the translation provided herewith, the chamfer surface 15 is at an angle of 5 degrees with respect to longitudinal axis X).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Gasper to incorporate the teachings of Odet to provide a chamfered surface to the inner surface of the rim in order to allow for relative centering of the plug when the plug is attached to the neck; this reduces stress to the parts that engage the neck to the plug (as disclosed by Odet in the section highlighted).
If it is found that Gasper does not teach the rim further including an angled surface that joins the top surface and the chamfered surface of the rim, Culver teaches a bottle neck (12) and plug (closure 10) with a pressure ring (42), wherein the neck has a rim (defined by upper portion neck 12) that has an angled surface (28) that joins a top surface (26) of the rim (see Fig 5).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Gasper to incorporate the teachings of Culver to provide an angled surface to the rim and a corresponding pressure ring to the plug in order to ensure the plug is sealed to the rim in a manner that prevents backing off and can withstand axial and vertical forces (as disclosed in col 5, line 65 to col 6, line 14 of Culver). This would ensure the volatile material in the bottle of Gasper remains hermetically sealed in the bottle. In combination, the angled surface as taught by Culver would join to the chamfer surface as modified by Odet.
Note: references in parenthesis hereafter are referencing Gasper, unless otherwise stated.
Regarding claim 12, Gasper, Odet and Culver teach the bottle of claim 11, wherein the angled surface is disposed at an angle of between about 30 degrees and about 70 degrees with respect to the longitudinal axis (as disclosed in col 6, line 54 of Culver, the angled surface is at a 45 degree angle from the longitudinal axis).
Regarding claim 13, Gasper, Odet and Culver teach the bottle of claim 12, wherein the angled surface joins the chamfered surface (In combination, the angled surface as taught by Culver would join to the chamfer surface as modified by Odet).
Regarding claim 14, as best understood, Gasper, Odet and Culver teach the bottle of claim 11 further comprising, a first thread that is disposed on the neck (as best understood, considering 112(b) rejection above, the first thread is threading 70 on the neck 68, seen Fig 2b of Gasper).
Regarding claim 15, Gasper, Odet and Culver teach the bottle of claim 11, wherein the chamfered surface begins at or above an uppermost extent of the first thread (the chamfer surface 15 of Odet is designed to contact plug portion 241, as such in combination, the chamfer surface would contact portion 81 of plug 54 of Gasper; as seen in Fig 2b, the thread 70 defined below the plug; thus, the chamfered surface would begin above the uppermost part of thread 70, as claimed).
Regarding claim 16, Gasper, Odet and Culver teach the bottle of claim 11, wherein a first annular protrusion (86) is disposed along the outer surface of the rim between the threading and the top surface of the rim (see Par 0057 and Fig 2b).
Regarding claim 17, Gasper, Odet and Culver teach the bottle of claim 16, wherein the first annular protrusion is configured to receive a second annular protrusion (85) that is disposed along an inner surface of an outer wall of a plug (protrusion 85 projects inwardly from plug 54, and mates with first protrusion 86).
Regarding claim 18, Gasper, Odet and Culver teach the bottle of claim 17, wherein the chamfered surface of the rim is tapered at an angle of between about 4 and about 7 degrees (as disclosed in the highlighted section in the translation of Odet provided herewith, the chamfer surface 15 is at an angle of 5 degrees with respect to longitudinal axis X).
Regarding claim 19, Gasper, Odet and Culver teach the bottle of claim 11. However, they do not teach the device wherein multiple discrete portions of the inner surface of the rim form the chamfered surface (Odet teaches the chamfered surface 15 as a single portion).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the chamfered surface from multiple discrete portions, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art; as it was determined in In re Harza, where the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced (MPEP 2144.04 VI B). In this case adding multiple discrete portions to the chamfered surface would yield predictable results; as they would work equally well as a single portion. Furthermore, Applicant has not provided any criticality for this configuration. In fact, Applicant discloses that the chamfered surface can also be formed from a single portion (see Applicant’s specification Par 0034).
Regarding claim 20, Gasper, Odet and Culver teach the bottle of claim 11, wherein the chamfered surface of the rim extends around the entire rim (as disclosed in the highlighted section of Odet, the chamfered surface is disposed between annular sections 13 and 14; as such the chamfered surface extends around the entire rim).
Annotated figure of Gasper:
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUAN C BARRERA whose telephone number is (571)272-6284. The examiner can normally be reached on M-F Generally 10am-4pm and 6-8pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ARTHUR O. HALL can be reached on 571-270-1814. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
If there are any inquiries that are not being addressed by first contacting the Examiner or the Supervisor, you may send an email inquiry to TC3700_Workgroup_D_Inquiries@uspto.gov.
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/JUAN C BARRERA/
Examiner, Art Unit 3752
/ARTHUR O. HALL/Supervisory Patent Examiner, Art Unit 3752
Prosecution Insights