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 .
Election/Restrictions
Applicant’s election without traverse of Species I in the reply filed on 02/24/2026 is acknowledged.
Specification
The abstract of the disclosure is objected to because of its length. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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 17-20 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. Regarding claim 17, the claim is indefinite because it is unclear if “a component” is part of the claimed invention or not. In the preamble of the claim “the cap assembly being capable of locking and unlocking a component having an opening” is clear that the component is not part of the claimed invention. However, other parts of the preamble, for example “the component could have the opening comprising a body, and a first protrusion and a second protrusion, the first protrusion and the second protrusion could be formed by extending outwardly from the body, a recess could be formed between the first protrusion and the second protrusion, and the first protrusion being located upstream of the second protrusion in a first direction” appears that the applicant is positively claiming structure of the non-claimed component. Furthermore, language in the claim reciting “wherein at least a portion of the thermoplastic arm is capable of being received in the recess and abuts against the second protrusion to prevent the cap assembly from rotating in the first direction relative to the component having the opening” appears that the second protrusion of the non-claimed component is positively recited because the claim requires the elastic arm to abut against the second protrusion. Claims 18-20 inherits the same issue because the claims are dependent on claim 17.
Claim Rejections - 35 USC § 103
Claims 1 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Kassouni (6,164,471) in view of Hunt (US 2022/0016622) and Seidita (US 2004/0168999).
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Claim 1
Kassouni discloses a container (10) comprising a component (12) having an opening (22), the component having the opening comprising a body (18) surrounding the opening, and a first protrusion and a second protrusion, the first protrusion and the second protrusion being formed by extending outwardly from the body, a recess (41) being formed between the first protrusion and the second protrusion, and the first
protrusion being located upstream of the second protrusion in a first/vertical direction; and a cap assembly capable of locking or unlocking the component having the opening, the cap assembly comprising a cap (28); and an thermoplastic arm (30) disposed on the cap and extending obliquely with respect to a radial direction of the cap (see figure above); wherein at least a portion of the thermoplastic arm is capable of being received in the recess (see column 3 lines 1-4) and abuts against the second protrusion to prevent the cap assembly from rotating in the first direction relative to the component having the opening, such that the cap assembly is locked with the component having the opening; and wherein the at least a portion of the elastic arm is capable of being released from the recess to unlock the component having the opening. When the cap is disposed in the opening of the component and the thermoplastic arm is disposed in the recess between the protrusions, the arm abuts the second protrusion and the cap is prevented from being rotated with respect to the component, and when the thermoplastic arm is separated from the recess, the cap assembly could unlock and capable to be rotated and/or removed from the component. Kassouni does not disclose the thermoplastic arm being elastic. However, Hunt discloses a cap (20) for closing an opening (22) of a container (12) (see figure 2), wherein the cap comprises thermoplastic elastomer material (see [0044]). 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 thermoplastic cap of Kassouni formed from thermoplastic elastomer as taught by Hunt because thermoplastic elastomer caps are known in the art for sealing containers. From the argument that the first and second protrusions of Kassouni is a single thread around the body of the container, Seidita discloses a container (10) comprising interrupted threads (16) around the body of the container (see figure 1) to engage with threads (30) of a closure (28) (see figure 5). 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 container of Kassouni replacing the threads for the interrupted threads disclosed by Seidita because simple substitution of one known element for another is within the knowledge of an ordinary artisan in the art and the threads of Kassouni and Seidita are equivalent fastening structure for coupling a lid to a container.
Claim 8
Kassouni further discloses a free end of the thermoplastic arm is capable of being located in the recess and abuts against the second protrusion to prevent the cap assembly from rotating in the first direction relative to the component having the opening.
Claims 17 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Kassouni (6,164,471) in view of Hunt (US 2022/0016622).
Claim 17
Kassouni discloses a cap assembly (14 and 16), the cap assembly being capable of locking and unlocking a component having an opening, the component could have the opening comprising a body, and a first protrusion and a second protrusion, the first protrusion and the second protrusion could be formed by extending outwardly from the body, a recess could be formed between the first protrusion and the second protrusion, and the first protrusion being located upstream of the second protrusion in a first direction, the cap assembly comprising a cap (14); and a thermoplastic arm (30) disposed on the cap and extending obliquely with respect to a radial direction of the cap; wherein at least a portion of the thermoplastic arm is capable of being received in the recess and abuts against the second protrusion to prevent the cap assembly from rotating in the first direction relative to the component having the opening, such that the cap assembly is locked with the component having the opening; and wherein the at least a portion of the thermoplastic arm is capable of being released from the recess to unlock the component having the opening. When the cap is disposed in the opening of the component and the thermoplastic arm is disposed in the recess between the protrusions, the arm abuts the second protrusion and the cap is prevented from being rotated with respect to the component, and when the thermoplastic arm is separated from the recess, the cap assembly could unlock and capable to be rotated and/or removed from the component. Kassouni does not disclose the thermoplastic arm being elastic. However, Hunt discloses a cap (20) for closing an opening (22) of a container (12) (see figure 2), wherein the cap comprises thermoplastic elastomer material (see [0044]). 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 thermoplastic cap of Kassouni formed from thermoplastic elastomer as taught by Hunt because thermoplastic elastomer caps are known in the art for sealing containers.
Claim 19
Kassouni further discloses a free end of the thermoplastic arm is capable of being located in the recess and abuts against the second protrusion to prevent the cap assembly from rotating in the first direction relative to the component having the opening.
Allowable Subject Matter
Claims 2-7 and 9-16 are 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAFAEL A. ORTIZ whose telephone number is (571)270-5240. The examiner can normally be reached Monday - Friday 9am - 6pm.
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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RAFAEL A. ORTIZ
Primary Examiner
Art Unit 3736
/RAFAEL A ORTIZ/Primary Examiner, Art Unit 3736
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