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, 7-14, 18 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Moutray et al. (U.S. 2019/0136978).
Regarding claim 1, Moutray et al. teaches a storage container 10, shown in figure 10, comprising a body 12 that defines an interior 17 of the storage container, wherein the body 12 includes a top end (shown in figure 10) and a bottom end opposite the top end (opposite dome shaped end section 14), a spud 28 coupled to the top end of the body, wherein the spud 28 includes an outer surface and an inner surface, the inner surface comprising a lower ledge (considered to be the thread of the lower portion which extends radially inwardly from the inner surface of 28) extending inwards from the inner surface of the spud, and a retaining ring groove at 54 (figure 9A) extending into the spud, wherein the retaining ring groove at 54 is positioned above the lower ledge (figure 9A), a retaining ring 66 that is removably inserted into the retaining ring groove (figure 9) such that the retaining ring 66 extends inward from the inner surface of the spud (figure 9), and a cover plate 32 having an upper surface (at reference number 56 in figure 9) and a lower surface (at lead line 32b in figure 9) opposite the upper surface, nested within the inner surface of the spud 28 and retained within a vertical gap between the lower ledge of the spud (lowermost thread) and the retaining ring 66 while the retaining ring is inserted into the retaining ring groove of the spud (figure 9).
Regarding claim 7, the cover plate 32 is configured to contact the retaining ring 66 upon the interior of the storage container reaching or exceeding a threshold pressure (once the container is sealed).
Regarding claims 8-10, the cover plate 32 is in contact with the retaining ring 66 at any pressure within the container. The retaining ring 66 is always in contact with the cover plate when applied to the container.
Regarding claim 11, the cover plate 32 includes a rim (shown generally at reference number 44; figure 9A) that extends around a circumference of the cover plate.
Regarding claim 12, the rim at 44 is vertically offset lower than the upper surface of the cover plate to create an upper notch (in the outer circumference; figure 9A).
Regarding claim 13, the upper notch at 44 has a depth such that the retaining ring 66 is level with the upper surface of the cover plate when the rim is pressed upward against the retaining ring (figure 9A).
Regarding claim 14, at least one of the rim or the inner surface of the spud includes a seal slot configured to receive a seal (the rim can be considered the portion of 32 surrounding 56, with this interpretation, the rim includes a seal slot at 48).
Regarding claim 18, Moutray et al. teaches a spud 28 configured to be coupled to the body of a storage container 10, the spud 28 comprising an outer surface and an inner surface opposite the outer surface (figure 9), wherein the inner surface comprises a lower ledge extending inwards from the inner surface of the spud (considered to be the thread of the lower portion which extends radially inwardly from the inner surface of 28), and a retaining ring groove at 54 extending into the spud, wherein the retaining ring groove is positioned above the lower ledge (figure 9A).
Regarding claim 20, Moutray et al. teaches a storage container 10 comprising a body 12 that defines an interior of the storage container 17, wherein the body 12 includes a top end (shown in figure 10) and a bottom end opposite the top end (opposite dome shaped end section 14), a spud 28 coupled to the top end of the body (figure 10), wherein the spud 28 includes an outer surface and an inner surface, the inner surface comprising a lower ledge extending inwards from the inner surface of the spud (considered to be the thread of the lower portion which extends radially inwardly from the inner surface of 28), and a retaining ring groove at 54 extending into the spud, wherein the retaining ring groove at 54 is positioned above the lower ledge (figure 9), a retaining ring 66 that is removably inserted into the retaining ring groove (figure 9) such that the retaining ring extends inward from the inner surface of the spud (figure 9), wherein the retaining ring 66 has an initial diameter and is configured to be compressible inwards to temporarily cause a reduced diameter of the retaining ring and return to the initial diameter upon release of the retaining ring (capable of compressing inwards), and a cover plate 32 having an upper surface and a lower surface opposite the upper surface, nested within the inner surface of the spud (figure 9) and retained within a vertical gap between the lower ledge of the spud and the retaining ring while the retaining ring is inserted into the retaining ring groove of the spud (figure 9), wherein the upper surface of the cover plate is configured to contact the retaining ring upon the interior of the storage container reaching or exceeding a threshold pressure (the retaining ring 66 is always in contact with the cover plate when applied to the container).
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 2-6 are rejected under 35 U.S.C. 103 as being unpatentable over Moutray et al. (U.S. 2019/0136978) in view of Borel et al. (U.S. 9,908,127).
Regarding claim 2, Moutray et al. discloses the claimed invention but teaches a liner instead of a bag. Borel et al. teaches that it is known to provide a container with a multi-chambered bag (see figure 1). 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 container of Moutray et al. with the multi-chambered bag of Borel et al., in order to separately store different contents within the same container.
Regarding claim 3, the one or more bags include a first bag and a second bag (elements 101, 102 of Borel et al., as modified above).
Regarding claim 4, the first bag and the second bag are part of a multi-chambered bag (as modified by Borel et al. above, see elements 101, 102) and the first bag and the second bag are separated by a seam (12 of Borel et al.).
Regarding claim 5, Moutray et al. discloses the claimed invention except for the diptube. Borel et al. teaches that it is known to provide a container with a diptube (see elements 213, 223; figure 1). 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 container of Moutray et al. with a diptube as taught by Borel et al., in order to dispense the contents while in the upright position.
Regarding claim 6, the one or more bags (as modified by Borel et al. above; elements 101, 102 of Borel et al.) are coupled to the cover plate (figure 10 of Moutray et al.; figure 3 of Borel et al.).
Claims 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Moutray et al. (U.S. 2019/0136978) in view of Cederberg et al. (U.S. 2022/0410700).
Regarding claim 15, Moutray et al. discloses the claimed invention except for the retaining ring being a spiral retaining ring. Cederberg et al. teaches that it is known to provide a container with the retaining ring being a spiral retaining ring (see paragraph [0103]). 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 container of Moutray et al. with the retaining ring being a spiral retaining ring, as taught by Cederberg et al., in order to form a secure connection between the spud and cover plate.
Regarding claim 16, Moutray et al. discloses the claimed invention except for the tab of the retaining ring. Cederberg et al. teaches that it is known to provide a container with the retaining ring having a tab (see paragraph [0103]; “C-shaped”). 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 container of Moutray et al. with the retaining ring having a tab, as taught by Cederberg et al., in order to form a secure connection between the spud and cover plate.
Regarding claim 17, Moutray et al. discloses the claimed invention except for the cutout of the retaining ring. Cederberg et al. teaches that it is known to provide a container with the retaining ring having a cutout (see paragraph [0103]; “C-shaped”). 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 container of Moutray et al. with the retaining ring having a cutout, as taught by Cederberg et al., in order to form a secure connection between the spud and cover plate.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Moutray et al. (U.S. 2019/0136978) in view of Kanezaki (U.S. 2018/0163927).
Regarding claim 19, Moutray et al. discloses the claimed invention except for seal slot of the inner surface. Kanezaki teaches that it is known to provide a container with a seal slot on the inner surface (see element 44). 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 container of Moutray et al. with the inner surface having a seal slot, as taught by Kanezaki., in order to provide space for a seal to enhance the sealing of the container in a manner which reduces wear on the seal.
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 spud structure.
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
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