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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in EP on 02/12/2024. It is noted, however, that applicant has not filed a certified copy of the EP24382138.6 application as required by 37 CFR 1.55.
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 1-11 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 neck finish" in line 1. There is insufficient antecedent basis for this limitation in the claim. All the dependent claims inherit the same issue. Further correction and or clarification is required.
Claim 1 recites the limitation "the neck finish hole" in line 8. There is insufficient antecedent basis for this limitation in the claim. All the dependent claims inherit the same issue. Further correction and or clarification is required.
Claim 9 is indefinite because it recites “the ring (1) includes retaining elements (11) on the neck finish of the container.” However, the retaining element is on the ring and it is unclear how the retaining element 11 can be both on the ring and on the neck of a container at the same time. For examination purpose, as best understood, it will be interpreted as the following “the ring (1) includes retaining elements (11) configured to be placed on the neck finish of the container.” Further correction and or clarification is required.
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.
Claim(s) 1-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Berroa (US 20180086510) in view of Druitt (US 9415909 ) and Dangl (WO 2021099310).
Regarding claim 1, Berroa discloses, Lightweight articulated cap, attachable to the neck (20) finish of a container with a hooking collar in correspondence with a liquid pouring hole (Fig. 7), comprising: - a lower ring (2), intended to be retained in the neck finish; - an upper lid (3) that can be folded between an open position (Fig. 1) and a closed position (Fig. 2) , which in turn comprises:- a horizontal upper wall (5), with a thickness and a radius , intended to be arranged substantially orthogonal to the neck finish hole when the lid (3) is in the closed position; and- a peripheral skirt (7), intended to surround the neck finish of the container when the lid (3) is in the closed position; and- a hinge element (13) for articulated linking of the lid (3) with the ring (2), which comprises two elastic sheets (13) parallel and separated from each other by a minimum distance , which extend between the peripheral skirt (7) of the lid (3) and an upper end of the ring (2), and where each of the elastic sheets (13) has a width;
However, Berroa does not disclose the cap being characterized in that: - the peripheral skirt has at least one recess in the form of a perimeter notch.
Druitt discloses a closure wherein a peripheral skirt has at least one recess in the form of a perimeter notch (See annotated fig. below).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Berroa to incorporate the peripheral skirt has at least one recess in the form of a perimeter notch as taught by Druitt for the purpose of saving cost and material.
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However, Berroa does not disclose, the ring has at least one perimeter groove .
Dangl discloses a container closure (11) comprising a ring (25) that has at least one perimeter groove (See annotated fig. below)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Berroa to incorporate ring that has at least one perimeter groove as taught by Berroa for the purpose of saving cost and material.
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Regarding claim 2-4, Berroa does not explicitly disclose, wherein the width of each elastic sheet has dimensions included in a range that comprises 3.5 to 4 times the thickness of the upper wall and the radius of the upper wall has dimensions included in a range comprising 1.55 to 2.05 times the distance of separation between the two elastic sheets and the radius of the upper wall has dimensions included in a range comprising 4.5 to 4.7 times the width of each of the elastic sheets .
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Berroa to have the width of each elastic sheet has dimensions included in a range that comprises 3.5 to 4 times the thickness of the upper wall and the radius of the upper wall has dimensions included in a range comprising 1.55 to 2.05 times the distance of separation between the two elastic sheets and the radius of the upper wall has dimensions included in a range comprising 4.5 to 4.7 times the width of each of the elastic sheets motivated by an obvious change in size, having a predictable outcome absent a teaching of an unexpected result. A change in size is generally recognized as being within the level of ordinary skill in the art. See MPEP 2144.04(IV)(A).
Regarding claim 5, Berroa as modified discloses, the peripheral skirt has two notches (Druitt; See annotated fig. of claim 1; Fig. 8).
Regarding claim 6, Berroa as modified discloses, the ring has two grooves (Dangl; See annotated fig. of claim 1).
Regarding claim 7, Berroa discloses, the lid (3) additionally comprises a transverse visor (9),which extends from the peripheral skirt (7) for manual opening and closing, wherein the visor (9) further comprises a transverse fin (10) that cooperates with a notch (4) defined in an upper edge of the ring (1).
Regarding claim 8, Berroa discloses, frangible bridges (para 51; fig. 4,5 2 is connected to 3 via frangible members) for temporary connection of an upper edge of the ring (2) with a lower edge of the peripheral skirt (7).
Regarding claim 9, Berroa discloses, the ring (2) includes retaining elements (Fig. 4, 7; protrusion on the ring to attach the ring to a neck of a container) configured to be placed on the neck finish of the container.
Regarding claim 10, Berroa discloses a locking device (6).
The limitation “for locking the lid in the open position” is considered to be intended use. Examiner asserts that the recitation of intended use or purpose of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use or fulfilling said purpose, then it meets the claim. Herein, the structure 6 is considered to be capable of performing the limitation as claimed.
Regarding claim 11, Berroa discloses, the locking device comprises a flexible tongue (6), arranged between the two elastic sheets (13).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SANJIDUL ISLAM whose telephone number is (571)272-7670. The examiner can normally be reached Monday-Friday 8:30 -5:00.
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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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/SANJIDUL ISLAM/Examiner, Art Unit 3736
/ORLANDO E AVILES/Supervisory Patent Examiner, Art Unit 3736