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 § 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 1-15 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 lower opening" in line 8. There is insufficient antecedent basis for this limitation in the claim.
Regarding Claim 10, line 2; it is unclear what “it” is referring to.
Regarding Claim 15, line 4; it is unclear what “itself” is referring to.
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) 1-6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Graf & Co (GB709144).
Regarding Claim 1, Graf & Co discloses neck for a container 3 (Figure 1) comprising: a lateral wall made of cellulose-based material (line 12, page 1) and having a substantially tubular shape (Figure 1), said wall having a lower edge configured to be joined to a respective container (Figure 1) and defining a lower transit opening for the material contained in the container (figure 1) and an upper edge (Figure 1) defining an upper transit opening for said material contained in the container (figure 1); and coupling means 12 (Figure 1) configured to allow reversible coupling to a respective cap (13/14 figure 1); characterized in that wherein said upper opening defines a transit cross-section which is smaller than the transit cross-section of the lower opening (Figure 1).
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Regarding Claim 2, Graf & Co discloses the width of said upper edge is less than the width of the lower edge (figure 1).
Regarding Claim 3, Graf & Co discloses said lateral wall has a first stretch near the upper edge which is tapered relative to a second stretch near the lower edge (Figure 1).
Regarding Claim 4, Graf & Co discloses said coupling means comprise protuberances made on the outer surface of the lateral wall and configured to couple to a respective cap 12 (figure 1).
Regarding Claim 5, Graf & Co discloses said protuberances are threads couplable to threads made on the cap 12/13 (figure 1).
Regarding Claim 6, Graf & Co discloses said protuberances are positioned in said second stretch of the lateral wall (figure 1).
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.
Claim(s) 1, 3 and 7-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Foster (U.S. Pub. No. 20050139621) in view of Ikeda (U.S. Patent No. 3272366).
Regarding Claim 1, Foster discloses a neck (Figure 1) for a container comprising: a lateral wall (Figure 1) and having a substantially tubular shape (Figure 1), said wall having a lower edge configured to be joined to a respective container (Figure 1) and defining a lower transit opening (Figure 1) for the material contained in the container and an upper edge defining an upper transit opening (Figure 1) for said material contained in the container; and coupling means configured to allow reversible coupling to a respective cap (figure 1); characterized in that wherein said upper opening defines a transit cross-section which is smaller than the transit cross-section of the lower opening (figure 1). Foster does not disclose being made of cellulose-based material. However, Ikeda teaches cellulose-base material (Column 1, lines 68-71). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Foster to include the above, as taught by Ikeda, in order to provide an eco-friendly and strong material.
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Regarding Claim 3, Foster discloses said lateral wall has a first stretch near the upper edge which is tapered relative to a second stretch near the lower edge (Figure 1).
Regarding Claim 7, Foster discloses said lateral wall also comprises a curved connecting stretch between the first and the second stretches (Figure 1).
Regarding Claim 8, Foster discloses said first stretch comprises: a first portion extending in an annular fashion coaxial with a longitudinal axis of extension of the neck and associated with said curved stretch (Figure 1); a second portion extending in an annular fashion coaxial with said longitudinal axis "X" and defining said upper edge (figure 1); and a third portion extending transversally relative to the first and the second portions and interposed between said first and second portions (Figure 1).
Regarding Claim 9, Foster discloses said third portion extends in a planar fashion perpendicular to said longitudinal axis (Figure 1) and wherein the second portion emerges from the planar extension of said third portion (Figure 1).
Regarding Claim 10, Foster discloses it also comprises a blocking wall for blocking said upper opening configured to be removed and to define said upper edge and said upper opening (Figure 1).
Regarding Claim 11, Foster discloses said first stretch comprises: a first portion extending in an annular fashion coaxial with a longitudinal axis (X) of extension of the neck and associated with said curved stretch (Figure 1); and a second portion extending transversally relative to the first portion and defining said upper edge (Figure 1).
Regarding Claim 12, Foster discloses said second portion extends in a planar fashion perpendicular to said longitudinal axis (X) (Figure 1).
Claim(s) 1 and 13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kunststoffwerk Mauer GMBH (DE29716778) in view of Ikeda (U.S. Patent No. 3272366).
Regarding Claim 1, Kunststoffwerk Mauer GMBH (DE29716778) discloses a neck for a container (figure 17) comprising: a lateral wall (figure 17) and having a substantially tubular shape (figure 17), said wall having a lower edge (figure 17) configured to be joined to a respective container and defining a lower transit opening for the material contained in the container (Figure 17) and an upper edge defining an upper transit opening for said material contained in the container (figure 17); and coupling means configured to allow reversible coupling to a respective cap (figure 17); characterized in that wherein said upper opening defines a transit cross-section which is smaller than the transit cross-section of the lower opening (figure 17). Kunststoffwerk Mauer GMBH does not disclose being made of cellulose-based material. However, Ikeda teaches cellulose-base material (Column 1, lines 68-71). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Kunststoffwerk Mauer GMBH to include the above, as taught by Ikeda, in order to provide an eco-friendly and strong material.
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Regarding Claim 13, Kunststoffwerk Mauer GMBH (DE29716778) discloses a closing system for containers, comprising a neck according to one or more of the preceding claims claim 1 and a cap (Figure 17) and engageable with said neck. Kunststoffwerk Mauer GMBH does not disclose being made of cellulose-based material. However, Ikeda teaches cellulose-base material (Column 1, lines 68-71). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Kunststoffwerk Mauer GMBH to include the above, as taught by Ikeda, in order to provide an eco-friendly and strong material.
Regarding Claim 14, Kunststoffwerk Mauer GMBH (DE29716778) discloses the cap has a closing wall for closing said upper opening (Figure 17) and a lateral wall extending perpendicularly to said closing wall (figure 17); said closing wall having at least one annular protuberance emerging from an inner surface of the closing wall facing the neck so that it is in contact with the upper edge (Figure 17).
Regarding Claim 15, Kunststoffwerk Mauer GMBH (DE29716778) discloses the neck comprises a blocking wall 8 (Figure 17) for blocking said upper opening and wherein the cap comprises at least one interference element 36 (figure 17 and 18) for interfering with the wall; said interference element of the cap, during the movement for opening the cap itself relative to the neck, removing the wall to define the upper edge and the upper opening (figure 18).
Applicant is duly reminded that a complete response must satisfy the requirements of 37 C.F. R. 1.111, including: “The reply must present arguments pointing out the specific distinctions believed to render the claims, including any newly presented claims, patentable over any applied references. A general allegation that the claims “define a patentable invention” without specifically pointing out how the language of the claims patentably distinguishes them from the references does not comply with the requirements of this section. Moreover, “The prompt development of a clear Issue requires that the replies of the applicant meet the objections to and rejections of the claims.” Applicant should also specifically point out the support for any amendments made to the disclosure. See MPEP 2163.06 II(A), MPEP 2163.06 and MPEP 714.02. The ''disclosure'' includes the claims, the specification and the drawings.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH J VOLZ whose telephone number is (571)270-5430. The examiner can normally be reached Monday-Friday 11am-7pm est.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, NATHAN JENNESS can be reached at (571)270-5055. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ELIZABETH J VOLZ/Examiner, Art Unit 3733
