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 .
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.
Claims 1-8, 10-13 and 15-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hagiwara (JP 2008056246A). Hagiwara teaches a closure device 10 for a container (figure 3), the container having a neck including an annular flange A (figure 3) along an exterior surface of the neck, said closure device 10 comprising a cap body at 10, a tamper evident (TE) band 20, the TE band 20 defined such that, when assembled onto the container, the TE band 20 is positioned below the annular flange A (figure 3), a first leash 40 and a second leash 40 connecting the cap body to the TE band 20 (figure 1), the first leash 40
and the second leash 40 originating from separate locations on the cap body and extending towards
a pivot region (at lower end of 40) on the TE band 20 (figure 1), the pivot region defining a pivotal axis (figures 2b, 2c), a tongue 11 protruding from the cap body 10, and a ratchet at 20a provided on the TE band 20, wherein, when said cap body is moved from a closed configuration (figure 1b) relative to the neck to a fully open configuration (figure 3), an interaction of the tongue with a contact surface of the ratchet 20a maintains the cap body in the open configuration (figure 3).
Regarding claim 2, the tongue 11 comprises a lip protruding (shown adjacent lead line 11a; figure 3) from a free end of the tongue (figure 3).
Regarding claim 3, the lip at 11a is configured to interact with the contact surface 20a of the ratchet as the cap body is moved from the closed configuration to the fully open configuration (figure 3).
Regarding claim 4, the lip at 11a is configured to push the TE band 20 against a stepped support surface of the container (stepped surface below A; figure 3) as the cap body is moved from the closed configuration to the fully open configuration (radially inwardly and upwardly extending portion of 20 is pushed against the stepped support of the container).
Regarding claim 5, a first hinge connecting the first leash to the TE band and a second hinge connecting the second leash to the TE band (first and second hinges are the connection points between the leashes and the tamper band).
Regarding claim 6, a leash connector portion (considered to be the top surface of the tamper band 20) extending between the first hinge and the second hinge, the leash connector portion interconnecting the first leash and the second leash (via its connection with the first hinge and the second hinge).
Regarding claim 7, a cutout portion (shown in figure 1; 11 and 40 extend in the cutout) between a rim of the cap body, the first leash, the second leash, and the leash connector portion (upper surface of tamper band).
Regarding claim 8, the cutout portion (shown in figure 1) is configured to allow for movement of the cap body away from the leash connector portion (figure 2a) as the cap body is rotated about the pivotal axis.
Regarding claim 10, the first hinge (at connection between 40 and tamper band 20) is spaced circumferentially around the TE band from the second hinge (at connection between other element 40 and tamper band), and wherein the tongue and the ratchet are disposed between the first hinge and the second hinge (figure 1).
Regarding claim 11, a cutout portion (shown in figure 1; 11 and 40 extend in the cutout) between the ratchet and the leash connector portion (figures 1 and 3).
Regarding claim 12, the ratchet 20a is generally wedge shaped, such that a free end of the ratchet is thinner than a connected end of the ratchet connected to the TE band opposite the free end (figure 3).
Regarding claim 13, the connected end of the ratchet is thicker than the TE band at the location of the lower hinge of 20.
Regarding claim 15, Hagiwara teaches a closure device for a container (shown in figure 3), the container having a neck including an annular flange (A in figure 3) along an exterior surface of the neck, said closure device 10, 20 comprising a cap body 10, a tamper evident (TE) band 20, the TE band defined such that, when assembled onto the container, the TE band is positioned below the annular flange A (figure 3), a first hinge (at lower end of 40) and a second hinge (at lower end of other element 40) extending from the TE band toward the cap body 10 (figure 1), and a first leash 40 connecting the first hinge to the cap body, and a second leash 40 connecting the second hinge to the cap body (figure 1), the first leash 40 and the second leash 40 originating from separate locations on the cap body 10 (figure 1) and extending towards a pivot region on the TE band, the pivot region defining a pivotal axis (figure 2c),
wherein said cap body 10 is configured to be moved from a closed configuration (figure 1) relative to
the neck to a fully open configuration (figure 3).
Regarding claim 16, a leash connector portion (considered to be the top surface of the tamper band 20) extending between the first hinge and the second hinge, the leash connector portion interconnecting the first leash and the second leash (via its connection with the first hinge and the second hinge).
Regarding claim 17, a cutout portion (shown in figure 1; 11 and 40 extend in the cutout) between a rim of the cap body and the leash connector portion (upper surface of tamper band).
Regarding claim 18, the cutout portion (shown in figure 1; 11 and 40 extend in the cutout) is configured to allow for movement of the cap body away from the leash connector portion as the cap body is rotated about the pivotal axis (figure 2a).
Regarding claim 19, a tongue 11 protruding from the cap body, wherein, when said cap body 10 is moved from a closed configuration (figure 1) relative to the neck to a fully open configuration (figure 3), an interaction of the tongue 11 with a portion of the TE band 20 and/or a portion of the neck is configured to retain the cap body in the fully open configuration (figure 3).
Regarding claim 20, a leash connector portion (upper surface of 20) extending between the first hinge (connection of 40 to 20) and the second hinge (connection of other element 40 and 20), the leash connector portion (upper surface of 20) interconnecting the first leash 40 and the second leash 40, wherein a portion of the tongue 11 is configured to interact with the leash connector portion (figure 3) when the cap body is in the fully open configuration.
Claim Rejections - 35 USC § 103
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 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 14 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Hagiwara (JP 2008056246A) in view of Russell (U.S. 2007/0251911). Hagiwara discloses the claimed invention except for the male and female molds. Russell teaches that it is known to form a plastic closure in male and female molds (see figures 12 and 13). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the closure structure of Hagiwara made in male and female molds, as taught by Russell, in order to construct the closure using well known molding techniques.
Allowable Subject Matter
Claim 9 is 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. The prior art is cited for the tamper band and tongue.
THIS ACTION IS NON-FINAL.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NIKI MARINA ELOSHWAY whose telephone number is (571)272-4538. The examiner can normally be reached Monday through Friday 7: 00 a.m. to 3:00 p.m..
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/NIKI M ELOSHWAY/Examiner, Art Unit 3736