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 § 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 1-15, 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.
Claim 1, recites the limitation "the fitted neck closure (31)" in paragraph C. There is insufficient antecedent basis for this limitation in the claim.
Claim 2, recites the limitation "the radially outwardly projecting portions" in line 2. There is insufficient antecedent basis for this limitation in the claim.
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.
Claim(s) 1,3-6,15, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Johnson (US Pub No 2020/0055723).
With respect to claim 1, Johnson shows a container liner and closure set comprising: (a) a tubular filling and dispensing neck (50) sealingly attached to a flexible liner bag (101) and having a through bore (121 -entire path in or out of liner 101-); (b) a neck closure (31) for removable fitment to the tubular filling and dispensing neck (50) to sealably close the through bore (path to liner bag 101) ;the tubular filling and dispensing neck (50) further comprising a radially outwardly projecting support (51) engageable in a container filling and dispensing opening (201);the tubular filling and dispensing neck (50) and liner bag (101) being insertable into the container filling and dispensing opening (201) from the outside so as to be held in a supported position (fully assembled position) in the container filling and dispensing opening (201) by the radially outwardly projecting support (51), for filling the liner bag (101) with the container contents and for fitment of the neck closure (31) to seal the through bore (121);wherein the container liner and closure set further comprises: (c) a container closure (230) configured to fit and close the container filling and dispensing opening (201); wherein the radially outwardly projecting support (51) is configured to yield under downward (relative term met when separating the liner bag) force applied to the tubular filling and dispensing neck (50), allowing the tubular filling and dispensing neck (50) with the fitted neck closure (31) to move downwardly from the supported position and vacate the container filling and dispensing opening (201) to allow removable fitment of the container closure (230) thereto.
With respect to claim 3, Johnson shows wherein the radially outwardly projecting support (51) comprises one or more radially outwardly projecting flexible flanges (see fig. 5).
With respect to claim 4, Johnson shows wherein the flange or flanges (51) comprise one or more radially projecting, circumferentially extending, fins or rills. (see fig. 5)
With respect to claim 5, Johnson shows wherein tips of the fins (51) lie along a complementary profile which matches or is slightly larger than a nominal interior profile of the container filling and dispensing opening (201) in which the container closure (230) is sized to fit. (when assembled the surface are engaged)
With respect to claim 6, Johnson shows wherein the neck closure (31) comprises a screw cap or screw plug (31 is a plug).
With respect to claim 15, Johnson shows a container (200) comprising a filling and dispensing opening (201) fitted with the container closure (230) of the container liner and closure set defined in claim 1,wherein the container contains the flexible liner bag (101), tubular filling and dispensing neck (50), and fitted neck closure (31) of that container liner and closure set.
Allowable Subject Matter
Claims 2,7-14, 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAWN M BRADEN whose telephone number is (571)272-8026. The examiner can normally be reached M-F 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E Aviles-Bosques 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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/SHAWN M BRADEN/Primary Examiner, Art Unit 3736
