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 .
Drawings
The drawings are objected to as failing to comply with C.F.R 1.84(t) because the drawing sheet numbering must be clear and larger than the numbers used as reference characters to avoid confusion. MPEP 608.02 V.
The drawings are objected to as failing to comply with C.F.R 1.84(u)(2) because the view numbers must be larger than the numbers used for reference characters. MPEP 608.02 V.
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. Figure 3 is missing hatching and figure 2 is not indicated by a broken line.
The drawings are objected to because the lead line associated with reference character 23 of figure 5 is not directed to the closing stopper as disclosed.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: h1 and h2. 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 disclosure is objected to because reference character “21” has been used to designate protruding portion and opening stopper.
The disclosure is objected to because reference characters "21" and "22" have all been used to designate opening stopper.
Claim Objections
Claim 4 is objected to because of the following informalities: “from” of line 3 should be corrected to “form”. Appropriate correction is required.
Claim 11 is objected to because of the following informalities: “the fastening assembly the matching assembly” of lines 2-3 should be corrected to “the fastening assembly and the matching assembly”. Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: installation structure in claim 10, fastening assembly in claim 11, and matching assembly in claim 11.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-13 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.
The limitation of claim 1 that “a through-hole is formed inside the cover frame, an edge at an end of the cover frame extends toward the through-hole to form a fixing cover, an opening is formed between the fixing cover and an edge at another end of the cover frame” is led to be indefinite. From the original figures the only hole/opening that extends through the cover frame is the opening 4. If the edge at an end of the cover frame extending towards the through-hole forms the fixing cover, while the opening is formed between the fixing cover and an edge at another end of the cover frame, then both the opening and the through-hole would be in the same location and read on the same structure. It is unclear if the through-hole and opening are distinct passages or not. In light of the original disclosure and in order to apply art the claims will be interpreted as the former.
Claim 11 is led to be indefinite as the metes and bounds of the limitation that “the fastening assembly the matching assembly are configured to cooperate and mount with each other” are unclear. It is unclear if the fastening assembly and matching assembly mount with each other or cooperate with each other to facilitate connecting of a storage box. In light of the original disclosure and in order to apply art the limitation will be interpreted as the latter.
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 and 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nevio (IT 202000011086).
Claim 1: Nevio discloses a closure cap 12 (food storage cover), comprising a cap body 13 (cover body), wherein the cap body 13 (cover body) includes a cover frame, an opening 17 (through-hole) is formed inside the cover frame, an edge at an end of the cover frame extends toward the opening 17 (through-hole) to form a bottom wall 24 (fixing cover), an opening 17 (opening) is formed between the bottom wall 24 (fixing cover) and an edge at another end of the cover frame, a closing element 19 (moving cover) is provided at the opening 17 (opening); the closing element 19 (moving cover) is configured to move close to or away from the bottom wall 24 (fixing cover) within the cover frame for opening or closing the opening 17 (opening), a guide 26 (protruding portion) protrudes from the cover frame, a sliding groove 31 (chute) is provided on an outer wall of the closing element 19 (moving cover), and the guide 26 (protruding portion) protrudes into the sliding groove 31 (chute); when the closing element 19 (moving cover) is moved to open or close the opening 17 (opening), the guide 26 (protruding portion) cooperates with the sliding groove 31 (chute) for guiding the closing element 19 (moving cover) to slide (see annotated fig. 4 below and fig. 5 and 7).
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Claim 9: Nevio discloses wherein the guide 26 (protruding portion) is a protruding strip, and the protruding strip is arranged and extended along the opening and closing directions of the closing element 19 (moving cover) (see fig. 7).
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.
Claim(s) 1-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jarvis (US 6540098) further in view of Nevio (IT 202000011086).
Claim 1: Jarvis discloses a cover 10 (food storage cover), comprising a cover body, wherein the cover body includes a cover frame, an opening 15 (through-hole) is formed inside the cover frame, an edge at an end of the cover frame extends toward the opening 15 (through-hole) to form a fixing cover, an opening 15 (opening) is formed between the fixing cover and an edge at another end of the cover frame, a lid 14 (moving cover) is provided at the opening 15 (opening); the lid 14 (moving cover) is configured to move close to or away from the fixing cover within the cover frame for opening or closing the opening 15 (opening), wherein the lid 14 (moving cover) has side walls 56 & 58 are received on the interior of walls 70 & 72 (see annotated fig. 1 below and fig. 2).
Jarvis does not disclose a protruding portion protruding from the cover frame, a chute provided on an outer wall of the moving cover, the protruding portion protrudes into the chute; or when the moving cover is moved to open or close the opening, the protruding portion cooperates with the chute for guiding the moving cover to slide.
Nevio teaches a closure cap 12 comprising a cap body 13, wherein the cap body 13 (cover body) has a cover frame, an opening 17, and a bottom wall 24, a closing element 19 is provided at the opening 17 and is configured to move close to or away from the bottom wall 24 for opening or closing the opening 17, a guide 26 (protruding portion) protrudes from the cover frame, a sliding groove 31 (chute) is provided on an outer wall of the closing element 19, and the guide 26 (protruding portion) protrudes into the sliding groove 31 (chute); when the closing element 19 is moved to open or close the opening 17, the guide 26 (protruding portion) cooperates with the sliding groove 31 (chute) for guiding the closing element 19 to slide (see annotated fig. 4 above and fig. 5 and 7).
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 interior of walls 70 & 72 to have guides 26 (protruding portion) and the side walls 56 & 58 to have sliding groove 31 (chute), as taught by Jarvis, in order to better ensure linear travel and correct alignment of the lid 14 (moving cover) in relation to the cover body.
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Claim 2: The combination discloses wherein a forward stop 50 (opening stopper) is provided at the cover frame, the lid 14 (moving cover) protrudes outward to form a lateral extension 60 & 62 (protruding edge), when the lid 14 (moving cover) opens the opening 15 (opening), the lateral extension 60 & 62 (protruding edge) abuts against the forward stop 50 (opening stopper), so as to limit a movement distance of the lid 14 (moving cover) (see fig. 3).
Claim 3: The combination discloses wherein a rearward stop 52 (closing stopper) is provided at the cover frame, and the lateral extension 60 & 62 (protruding edge) is matched with the rearward stop 52 (closing stopper); when the lid 14 (moving cover) closes the opening 15 (opening), the lateral extension 60 & 62 (protruding edge) abuts against the rearward stop 52 (closing stopper), so as to limit the movement distance of the lid 14 (moving cover) (see fig. 3).
Claim 4: The combination discloses wherein an end of the fixing cover close to the opening 15 (opening) extends upward to form a depending wall 122 (first abutting edge), an end of the lid 14 (moving cover) close to the fixing cover extends downward to from a wall 84 (second abutting edge), the depending wall 122 (first abutting edge) is configured to match with the wall 84 (second abutting edge) (see fig. 3).
Claim 5: The combination discloses wherein a wall 108 & 110 (extending edge) is formed by extending downward from the opening 15 (opening), flanges 106 (first clamping portion) is formed by extending upward from the lid 14 (moving cover), the flanges 106 (first clamping portion) is engaged with an outer wall of the wall 108 & 110 (extending edge) (see fig. 1 & 8).
Claim 6: The combination discloses wherein a side walls 56 & 58 (second clamping portion) is formed by extending upward from the lid 14 (moving cover), and the side walls 56 & 58 (second clamping portion) is cooperated with an inner wall of the wall 108 & 110 (extending edge) (see fig. 1 and 8).
Claim 7: The combination discloses wherein an inner wall of an end of the opening 15 (opening) away from the fixing cover extends toward the opening 15 (opening) to form a sealing edge (see annotated fig. 2 below).
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Claim 8: The combination discloses wherein an end of the lid 14 (moving cover) away from the fixing cover extends downward to form a handle 88 (forcing portion) (see fig. 1).
Claim 9: The combination discloses wherein the guides 26 (protruding portion) is a protruding strip, and the protruding strip is arranged and extended along the opening and closing directions of the lid 14 (moving cover) (see fig. 7 ‘086).
Claim(s) 10-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nevio (IT 202000011086) as applied to claim 1 above, and further in view of Gasbarra (US 3458079).
Claim 10: Nevio discloses a connecting portion 14 configured to be connected in a stable manner to a neck of container 11, wherein the cover frame has a fastening slot, outer edges, and an inner edge, and wherein the connecting portion appears to include threads (see annotated fig. 4 below).
Nevio does not disclose wherein the cover body further includes an installation structure, which is arranged on the cover frame, and the installation structure is used for connecting the cover frame with a storage box.
Gasbarra teaches a container 6 having a container body 8 having discontinuous barb means including inner barb members 23 and outer barb members 21 and a closure member 30 having a channel 34 with a resilient sealer 40 held in place by a pair of opposed annular beads 44, 46 and groove means 50 comprising inner grooves 52 forming protruding members therebetween and outer grooves 54 forming a plurality of fasteners therebetween (see fig. 1-4 and C. 2 L. 48-52)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have replaced the threads of Nevio with discontinuous inner barb members 23 and outer barb members 21 on the container 11 and a resilient sealer 40 held in place by a pair of opposed annular beads 44, 46 and groove means 50 comprising inner grooves 52 outer grooves 54 on the cap body 13 (cover body), as taught by Gasbarra, in order to ensure fluid tightness of the container 11 with good resealing, trouble-free operation, and convenience.
The combination results in the cap body 13 (cover body) including an installation structure, which is arranged on the cover frame, and the installation structure being used for connecting the cover frame with the container 11, wherein the installation structure is a fastening assembly in the form of fasteners located between the outer grooves 54 and at outer edges of the cover frame and a matching assembly in the form of protruding members located between the inner grooves 52 and protruding from the inner edge of the cover frame towards a direction of the fastening slot.
The installation structure for connecting the cover frame with a storage box is/are interpreted under 35 U.S.C. 112(f) as a fastening assembly and a matching assembly, and equivalents thereof.
The fastening assembly for cooperating and mounting with the matching assembly is/are interpreted under 35 U.S.C. 112(f) as a plurality of fasteners located at outer edges of the cover frame, and equivalents thereof.
The matching assembly for cooperating and mounting with the fastening assembly is/are interpreted under 35 U.S.C. 112(f) as a protruding member protruding from an inner edge of the cover frame towards a direction of the fastening slot, and equivalents thereof.
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Claim 11: The combination discloses wherein the installation structure includes a fastening assembly in the form of fasteners located between the outer grooves 54 and at outer edges of the cover frame and a matching assembly in the form of protruding members located between the inner grooves 52 and protruding from the inner edge of the cover frame towards a direction of the fastening slot, the fastening assembly the matching assembly are configured to cooperate and mount with each other, and a fastening slot is formed between the fastening assembly and the matching assembly (see annotated fig. 4 above and fig. 2 ‘079).
Claim 12: The combination discloses wherein the fastening assembly includes a plurality of fasteners, located between the outer grooves 54, the fasteners are located at outer edges of the cover frame, and fastening portions of the fasteners extend towards the fastening slot (see annotated fig. 4 above and fig. 2 ‘079).
Claim 13: The combination discloses wherein the matching assembly includes a protruding member, located between the inner grooves 52, the protruding member protrudes from an inner edge of the cover frame towards fastening slot (see annotated fig. 4 above and fig. 2 ‘079).
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