DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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 1-20 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 1 recites the limitation "the bottle" in line 9. There is insufficient antecedent basis for this limitation in the claim and appears to be an error for –a bottle--.
Claims 2-14 directly or indirectly depend from claim 1.
Claim 15 recites the limitation "the bottle" in line 8. There is insufficient antecedent basis for this limitation in the claim and appears to be an error for –a bottle--.
Claims 16-20 directly or indirectly depend from claim 15.
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 pre-AIA 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 –
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claim(s) 1-6, 9-10, 15-17 and 19-20 is/are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by Holtjamp, Jr. (US 5,477,640), which in Col.2-5 and figures 3 and 4 the following claimed invention:
In re claim 1, a method for producing a scent delivery system, comprising: coupling a scent ring 30 to an interior region of a cap 14 to produce a ring-cap assembly 14/30, wherein the scent ring 30 includes a body 32 loaded with a volatile chemical agent to emanate from the body 32 of the scent ring to generate a scent; orienting the ring-cap assembly 14/30 in a position where an opening (opening defined within 40) of the cap 14 to the interior region is facing downward (Fig.3), wherein the scent ring 30 is securely contained in the interior region of the cap 14 (Fig.4); and securely attaching the ring-cap assembly 14/30 to a bottle 10, wherein the scent ring 30 couples to the bottle 10 and is enclosed in a compartment formed between the interior region of the cap 14 and an exterior region of a neck portion 24 of the bottle 10 (see figures 3 and 4 of Holtjamp, Jr.).
In re claim 2: the scent ring 30 and the cap 14 are securely attached to the bottle 10 in a single action (rotation) (see figures 3 and 4 of Holtjamp, Jr.).
In re claim 3: the scent ring 30 and the cap 14 are securely attached to the bottle 10 concurrently and as a single component, when the scent ring 30 is attached to the cap in the closed position (see figures 3 and 4 of Holtjamp, Jr.).
In re claim 4: the securely attaching the ring-cap assembly 14/30 to the bottle (Fig. 4) traps the scent from the scent ring 30 in the compartment when the ring-cap assembly 14/30 is securely attached to the bottle 10 and allows controlled release of the scent from the compartment into an outer environment of the bottle 10 when the cap 14 is detached from the bottle 10 (see Col.3, ll.34-53).
In re claim 5: concentrating the scent in the compartment when the ring-cap assembly 14/30 is securely attached to the bottle 10; and controllably releasing the scent from the compartment into the outer environment when the cap 14 is detached from the bottle 10 (see Col.3, ll.34-53).
In re claim 6: the coupling the scent ring 30 to the cap 14 includes: inserting the scent ring 30 into the interior region of the cap 14 such that an exterior protruding structure (L shaped structure of 30) of the scent ring 30 is inserted past an interior protrusion 42 structure of the cap 14 (see Col.3, ll.34-53).
In re claim 9: the scent ring 30 is coupled to the cap 14 when the opening of the interior region of the cap 30 is facing upward, when inversed (see figures 3 and 4 of Holtjamp, Jr.).
In re claim 10: the scent ring 30 is coupled to the cap 14 when the opening of the interior region of the cap 14 is facing downward, and the orienting the ring-cap assembly in the position where the opening of the cap 14 to the interior region is facing downward includes maintaining the cap 14 in the position where the opening of the cap 14 to the interior region is facing downward (see figures 3 and 4 of Holtjamp, Jr.).
In re claim 15: A method for manufacturing a beverage (water), comprising: coupling a scent ring 30 to an interior region of a cap 14 to produce a ring-cap assembly 14/30, wherein the scent ring 30 includes a body 32 loaded with a volatile chemical agent to emanate from the body 32 of the scent ring 30 to generate a scent; orienting the ring-cap assembly 14/30 in a position where an opening (opening defined within 40) of the cap 14 to the interior region is facing downward, wherein the scent ring 30 is securely contained in the interior region of the cap 14; filling the bottle with a fluid (water); and securely attaching the ring-cap assembly 14/30 to the bottle 10 to produce a bottled beverage with a scented attachment, wherein the scent ring 30 couples to the bottle 10 and is enclosed in a compartment formed between the interior region of the cap 14 and an exterior region of a neck portion 24 of the bottle 10 (see figures 3 and 4 of Holtjamp, Jr.).
In re claim 16: the scent ring 30 and the cap 14 are securely attached to the bottle 10 in a single action (rotation) (see figures 3 and 4 of Holtjamp, Jr.).
In re claim 17: the scent ring 30 and the cap 14 are securely attached to the bottle 10 concurrently and as a single component, when the scent ring 30 is attached to the cap in the closed position (see figures 3 and 4 of Holtjamp, Jr.).
In re claim 19: the securely attaching the ring-cap assembly 14/30 to the bottle (Fig. 4) traps the scent from the scent ring 30 in the compartment when the ring-cap assembly 14/30 is securely attached to the bottle 10 and allows controlled release of the scent from the compartment into an outer environment of the bottle 10 when the cap 14 is detached from the bottle 10 (see Col.3, ll.34-53).
In re claim 20: concentrating the scent in the compartment when the ring-cap assembly 14/30 is securely attached to the bottle 10; and controllably releasing the scent from the compartment into the outer environment when the cap 14 is detached from the bottle 10 (see Col.3, ll.34-53).
Allowable Subject Matter
Claims 7-8, 11-14 and 18 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See the attached PTO-892 for prior art that further teaches and suggests limitations of the claimed and disclosed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERNESTO A GRANO whose telephone number is (571)270-3927. The examiner can normally be reached M-F 7:00-3:30 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Stashick can be reached at (571)272-4561. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERNESTO A GRANO/ Primary Examiner, Art Unit 3735