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 .
Abstract
The abstract of the disclosure is objected to because:
Phrases that can be implied, such as “Provided is” and “according to an embodiment of the present invention” (see line 1) should not be present therein.
A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Drawings
The drawings are objected to because:
Figures 1 and 2 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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 of the following informalities:
In paragraph 43, on lines 2 and 3, “third bent portion 330” should be “third bent portion 340”.
Appropriate correction is required.
Claim Objections
Claim 1 is objected to because of the following informalities:
In regard to claim 1, on line 2, “pressed” should be “able to be pressed” so as to clarify the external force is not part of the claimed combination.
Appropriate correction is required.
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 1-9 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.
In regard to claim 1, an antecedent basis for “the outer periphery” (see line 6) has not been defined.
In regard to claim 3, an antecedent basis for “the outer periphery” (see lines 2-3) has not been defined.
In regard to claim 4, an antecedent basis for “the outer periphery” (see line 2) has not been defined.
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.
Claims 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 2020 007018 (as cited by the Applicant, hereinafter ‘018, translation attached).
In regard to claim 1, the ‘018 reference discloses a container comprising:
a container body 50 capable of being pressed by an external force and having an accommodation space formed therein to store a given content therein;
a discharge part 11 open on a top thereof to discharge the given content therethrough if the container body is pressed; and
a shoulder part 12 extending from the outer periphery of a lower end portion of the discharge part in such a way as to connect the discharge part and the container body;
wherein the shoulder part has a deformation suppression groove 41 (see Figure 2) formed concavely on at least one area thereof in such a way as to suppress the discharge part from being deformed in shape if the container body is pressed.
In regard to claim 2, the deformation suppression groove is varied in a width of at least a given area thereof, if the container body is pressed, to thus suppress the discharge part from being deformed in shape.
In regard to claim 3, the deformation suppression groove is spaced apart from the lower end portion of the discharge part in such a way as to surround the outer periphery of the lower end portion of the discharge part (see Figure 3).
In regard to claim 4, the shoulder part comprises a first bent portion (at 40, see Figure 2), a second bent portion 41b, and a third bent portion 41a formed sequentially from the outer periphery of the lower end portion of the discharge port in an outward direction so that the shoulder part is bent around the first to third bent portions, and the deformation suppression groove is formed by locating the second bent portion between the first bent portion and the third bent portion so that the second bent portion forms a valley.
In regard to claim 5, the deformation suppression groove comprises a first slant surface 12b (see Figure 2) and a second slant surface 12d (surface 12d is shown to be slanted approximately 90 degrees from the horizonal) on both sides of the second bent portion and the first slant surface extends from the second bent portion toward the first bent portion while the second slant surface extends from the second bent portion toward the third bent portion.
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.
Claims 6-9 are rejected under 35 U.S.C. 103 as being unpatentable over ‘018.
In regard to claims 6-9, although the ‘018 reference does not disclose the claimed angle and dimensions, it is the examiner’s position it would have been obvious to one of ordinary skill in the art at the time the invention was made the ‘018 device can be designed to have any suitable angles and dimensions, depending on the size of the container, the needs of the user, etc., including those claimed, without effecting the overall operation of the device, especially since the ‘018 reference does not limit these particular parameters.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The Murase et al, and White references are cited as being directed to the state of the art as teachings of other containers having deformation suppression groove between the container body and the discharge portion of the container.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID J WALCZAK whose telephone number is (571)272-4895. The examiner can normally be reached Monday-Friday 6:30-4:00.
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, David Angwin can be reached at 571-270-3735. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DJW
8/7/27
/DAVID J WALCZAK/Primary Examiner, Art Unit 3754
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