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
Claims 29-47 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 05/21/2026.
The traversal is on the ground(s) that a search and examination of the subject matter of those claims in the same application would not be overburdensome. This is not found persuasive because Groups I, II and II lack unity of invention because even though the inventions of these groups require the technical feature of a valve, this technical feature is not a special technical feature as it does not make a contribution over the prior art in view of Monzel (US 8,935,905). Monzel discloses a valve, comprising a base element 3 and a snap ring or snap fingers (snap element adjacent 2.3) extending therefrom, positioned around an opening (central opening which BA runs through) through the base element 3 wherein within the snap ring or between the snap ring or fingers, having at least one inlet opening (opening which allows fluid in or out) and a spring loaded valve body (38 or 40) (see FIG. 1A of Monzel).
The requirement is still deemed proper and is therefore made FINAL.
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.
(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) 25, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hygerma et al. (US 2009/0014679) which in figures 1 and 8 disclose the claimed invention:
In re claim 25: A method for closing a container 11, wherein the container has a body 11 and a neck (neck of 11) connected thereto, wherein:
- a mounting ring 14 is mounted at the neck, which mounting ring 14 comprises an opening having at least a first snap provision 64, wherein a valve (15 in figure 4) is pressed into said opening, which valve is snap-fit into the opening by a second snap provision 28 provided on the valve (see [0038]), cooperating with the first snap provision 64 (see figures 1 and 8 of Hygema et al.)
In re claim 26: the valve is pressed into said opening after filling the container through said opening (see [0009] of Hygema et al.)
Allowable Subject Matter
Claims 27-28 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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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/ERNESTO A GRANO/ Primary Examiner, Art Unit 3735
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