1DETAILED 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 .
This Office Action is in response to the Amendment / Request for Reconsideration-After Non-Final Rejection filed on July 24, 2026 wherein: claim(s) 1-11 were canceled, claim(s) 12, 13, 18-19 amended, and claim(s) 21-26 are new. Examiner notes amendments in claim(s) are directed to overcome rejections under 35 USC § 102. Therefore, claims 12-26 are pending and will be examined.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 12, 14-18, 20, 23-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stull et al. (U. S. Patent US7810680B2) hereinafter STULL, in view of Granberg et al. (U. S. Patent US4709833A) hereinafter GRANBERG.
Regarding claim 12, STULL (see FIG. 1 - FIG. 4 below) a container 11, 100 for irrigation application, the container 11, 100 comprising:
a base container 11 comprising at least one wall S4-01, the at least one wall S4-01 comprising an opening;
a break-off cap 100 fluidly connected to the opening; and
the base container 11 and the break-off cap 100 defining a gap between the base container 11 and the break-off cap 100.
STULL fails to teach a seal between the break-off cap 100 and the base container 11.
STULL fails to teach the base container 11 comprising a first flange extending radially outwardly from the opening.
STULL fails to teach the break-off cap 100 comprising a second flange extending radially outwardly from the opening in abutment with the first flange.
STULL fails to teach the seal comprising a ring that is attached over the first flange and the second flange to seal the gap between the base container 11 and the break-off cap 100 from areas outside of the container 11, 100.
However, GRANBERG teaches (see FIG. 1, FIG. 5, FIG. 7 below) container 1, the container 1 comprising:
a base container 3 comprising at least one wall, the at least one wall comprising an opening;
a cap 14 fluidly connected to the opening; and
the base container 3 and the cap 14 defining a gap between the base container 3 and the cap 14;
a seal 34 between the cap 14 and the base container 3;
the base container 3 comprising a first flange (FIG. 5) extending radially outwardly from the opening;
the cap 14 comprising a second flange (FIG. 5) extending radially outwardly from the opening in abutment with the first flange (FIG. 5).
the seal 34 comprising a ring that is attached over the first flange (FIG. 5) and the second flange (FIG. 5) to seal the gap between the base container 3 and the cap 14 from areas outside of the container 1 for sealing purposes.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have modified the base container 11 / break-off cap 100 in the container 11, 100 of STULL with base container 3 / cap 14 as taught in the container 1 of GRANBERG for sealing purposes.
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Regarding claim 14, STULL and GRANBERG (as applied to claim 12 above) teaches all the limitations of the claim. STULL further teaches (see FIG. 1 - FIG. 4 above) container 11, 100, wherein:
the opening is formed by a first cylindrical tube in the at least one wall S4-01, the first cylindrical tube extending from the at least one wall S4-01, and
the break-off cap 100 comprises a second cylindrical tube.
Regarding claim 15, STULL and GRANBERG (as applied to claim 14 above) teaches all the limitations of the claim. STULL further teaches (see FIG. 1 - FIG. 4 above) container 11, 100, wherein the second cylindrical tube has an inner diameter that is larger than an outer diameter of the first cylindrical tube.
Regarding claim 16, STULL and GRANBERG (as applied to claim 15 above) teaches all the limitations of the claim. STULL further teaches (see FIG. 1 - FIG. 4 above) container 11, 100, wherein the second cylindrical tube is positioned over the first cylindrical tube.
Regarding claim 17, STULL and GRANBERG (as applied to claim 16 above) teaches all the limitations of the claim. STULL further teaches (see FIG. 1 - FIG. 4 above) container 11, 100, wherein:
an inner surface of the second cylindrical tube comprises a thread;
an outer surface of the first cylindrical tube comprises a counter thread to the thread; and
the second cylindrical tube is screwed onto the first cylindrical tube.
Regarding claim 18, STULL and GRANBERG (as applied to claim 14 above) teaches all the limitations of the claim. The combination of STULL (see FIG. 1 - FIG. 4 above) and GRANBERG (see FIG. 1, FIG. 5, FIG. 7 above) further teaches container 11, 100 according to claim 14, wherein:
the first cylindrical tube comprises the first flange at an outer surface; and
the second cylindrical tube comprises the second flange.
Regarding claim 20, STULL and GRANBERG (as applied to claim 12 above) teaches all the limitations of the claim. STULL further teaches (see FIG. 1 - FIG. 4 above) container 11, 100, wherein the break-off cap 100 comprises at least one of:
a predetermined breaking area, or a tamper evident closure.
Regarding claim 23, STULL (as applied to claim 22 below) teaches all the limitations of the claim. STULL further teaches (see FIG. 1 - FIG. 4 above) container 11, 100, wherein:
the base container 11 and the break-off cap 100 define a gap between the base container 11 and the break-off cap 100.
STULL fails to teach container 11, 100 comprises a seal formed between the first flange and the second flange that seals the gap from areas outside of the container 11, 100.
However, GRANBERG teaches (see FIG. 1, FIG. 5, FIG. 7 above) container 1 comprising a seal 34 formed between a first flange (FIG. 5) and a second flange (FIG. 5) that seals the gap from areas outside of the container 1 for sealing purposes.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have modified the first flange / second flange in the container 11, 100 of STULL with first flange / second flange as taught in the container 1 of GRANBERG for sealing purposes.
Regarding claim 24, STULL and GRANBERG (as applied to claim 23 above) teaches all the limitations of the claim. The combination of STULL (see FIG. 1 - FIG. 4 above) and GRANBERG (see FIG. 1, FIG. 5, FIG. 7 above) further teaches container 11, 100, wherein the seal is configured to remain unchanged and seal the gap after the second section is detached from the first section.
Regarding claim 25, STULL and GRANBERG (as applied to claim 23 above) teaches all the limitations of the claim. The combination of STULL (see FIG. 1 - FIG. 4 above) and GRANBERG (see FIG. 1, FIG. 5, FIG. 7 above) further teaches container 11, 100, wherein the seal 34 comprises a ring that is attached over the first flange and the second flange to seal the gap between the base container 11 and the break-off cap 100.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 21-22 is/are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by STULL.
Regarding claim 21, STULL teaches (see FIG. 1 - FIG. 4 above) a container 11, 100 for irrigation application, the container 11, 100 comprising:
a base container 11 comprising at least one wall S4-01, the at least one wall S4-01 comprising an opening; and
a break-off cap 100 fluidly connected to the base container 11 in a closed state that prevents fluid in the container 11, 100 from exiting the opening,
the break-off cap 100 comprising a first section that is fixed to the base container 11 and a second section that is detachably connected to the first section by at least one breakable section, the second section being manually detachable from the first section to an open state that allows fluid in the container 11, 100 to exit the opening.
container HUSSEY teaches (see Fig. 2 - Fig. 6 below) a container H2-01 for irrigation application, the container H2-01 comprising:
a base container 10 comprising at least one wall H2-02, the at least one wall H2-02 comprising an opening H6-01;
a break-off cap 20, 22, 24 fluidly connected to the opening H6-01; and
Regarding claim 22, STULL teaches (see FIG. 1 - FIG. 4 above) container 11, 100, wherein base container 11 comprises a first flange and the first section of the break-off cap 100 comprises a second flange that abuts the first flange.
Allowable Subject Matter
The following is an examiner’s statement of reasons for allowance: claim(s) 13, 19, 26 are allowable because the prior art of record (i.e., STULL and GRANBERG) do not anticipate or make obvious structures thereto.
Response to Arguments
Applicant's claim amendments / arguments in the reply filed July 24, 2026 regarding rejections under 35 USC § 103 have been considered but are moot because the new ground of rejections (i.e., 35 USC § 103) does not rely on exactly all reference(s) / arguments applied in the prior rejection of record for any teaching or matter specifically challenged in the Applicant’s arguments
With respect to the art rejections, in accordance with MPEP 2111.01, during examination, the claims must be interpreted as broadly as their terms reasonably allow. In re American Academy of Science Tech Center, 367 F.3d 1359, 70 USPQ2D 1827, 1834 (Fed. Cir. 2004).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Chen et al. (China Patent Application Publication CN106074158B): teaches a “cover” with similar characteristics as the claimed invention.
Zammori et al. (W. I. P. O. Patent Application Publication WO2020031066A1): teaches a “closure” with similar characteristics as the claimed invention.
Geser et al. (U. S. Patent Application Publication US20170113829A1): teaches a “container” with similar characteristics as the claimed invention.
Rahimy et al. (U. S. Patent Application Publication US20130037509A1): teaches a “cap” with similar characteristics as the claimed invention.
Stull et al. (U. S. Patent US7810680B2): teaches a “top” with similar characteristics as the claimed invention.
Rushe et al. (U. S. Patent US7431529B1): teaches a “cap” with similar characteristics as the claimed invention.
Greaves (U. S. Patent US4747501A): teaches a “closure” with similar characteristics as the claimed invention.
Contact
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARCOS JAVIER RODRIGUEZ MOLINA whose telephone number is (571) 272-8947. The examiner can normally be reached M-F: 7:30 AM to 5:30 PM.
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, ANTHONY D. STASHICK can be reached on (571) 272-4561. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit ttps://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/M.J.R.M./
/Anthony D Stashick/Supervisory Patent Examiner, Art Unit 3735
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