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 § 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.
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) 1-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over D1 (Ido et al., JP 2022 076243) in view of D2 (Gu, KR 2019 0113689).
For Claim 1, D1 discloses an opening and closing member (6) that opens and closes an opening (4a) by being attached to and detached from the opening of a container main body (4), the opening and closing member comprising:
a top surface portion (Top surface of 7) that covers the opening in a closed state (Figure 1) where the opening is closed (Figure 2);
a grip portion (8) that extends to an outer edge of the top surface portion and grips an outer periphery of an opening end of the container main body (4) in the closed state (Figure 2); and
a depressurization path (9, P4, para. [7]) that penetrates into a tubular space formed in the grip portion and is attached to the grip portion, and depressurizes the space (Figure 2),
wherein
the top surface portion has an inner surface (inner surface of 7) facing an inside of the container main body in the closed state where the opening is closed (Figure 2),
the inner surface includes an annular inner surface annular region extending along an inner periphery of the opening end of the container main body (Figures 1-2), and
the inner surface annular region includes:
a protruding region portion (7a) provided with one or a plurality of protrusions protruding from the inner surface (Figure 2), and
a flat region portion where the protrusion is not provided.
D2 teaches an opening and closing member 110 in which the opening and closing member 110 has an annular inner surface with protruding parts 122 and flat regions 126 where the protruding parts 122 are not included, as in Figures 4-5, for better sealed closure of the opening. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify D1 such that the protruding region portion (7a) is provided flat region portion where the protrusion is not provided, as taught by D2 with a reasonable expectation of success of having better sealed closure of the opening.
For Claim 2, the combination teaches the opening and closing member according to claim 1, wherein a shape of the top surface portion (7) is a disk (Figure 1), and the protruding region portion is provided with a first protrusion and a second protrusion arranged so as to sandwich a central axis of the top surface portion (D1 discloses protrusion 7a. D2 teaches protrusions 122 and flat regions 126. D1 combined with D2 teaches the claimed limitations.)
For Claim 3, the combination teaches the opening and closing member according to claim 1, wherein an area of the flat region portion occupying the inner surface annular region is larger than an area of the protruding region portion occupying the inner surface annular region (D2 teaches protrusions 122 and flat regions 126, except for an area of the flat region portion occupying the inner surface annular region is larger than an area of the protruding region portion occupying the inner surface annular region. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to have an area of the flat region portion occupying the inner surface annular region is larger than an area of the protruding region portion occupying the inner surface annular region, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 167 F.2d 272, 205 USPQ 215 (CCPA 1980). D1 modified with modified with D2 teaches the claimed limitations.)
For Claim 4, D1 discloses the opening and closing member according to claim 1, wherein the inner surface of the top surface portion further includes an inner surface inner region surrounded by the inner surface annular region, and the flat region portion of the inner surface annular region is flush with the inner surface inner region (Surface of 8j contacts 8 is flat. Figure 2.)
For Claim 5, D1 discloses the opening and closing member according to claim 1, wherein the inner surface of the top surface portion further includes an inner surface inner region surrounded by the inner surface annular region, and a step is present between the flat region portion of the inner surface annular region and the inner surface inner region (Surface of 8j contacts 8 is flat next to a step. Figure 2.)
For Claim 6, the combination teaches the opening and closing member according to claim 1, wherein the inner surface of the top surface portion further includes an inner surface inner region surrounded by the inner surface annular region, and the flat region portion of the inner surface annular region protrudes from the inner surface inner region (D1 discloses the claimed limitations. D2 teaches a flat region portion 126. D1 modified with D2 teaches the claimed limitations.)
For Claim 7, D1 discloses the opening and closing member according to claim 1, wherein the depressurization path (9) includes: a main body provided with a through hole penetrating the tubular space of the grip portion (8, Figure 2), a valve (8g, Figure 5) that switches the through hole between a closed state and an open state, a switching unit (10c) that brings the valve into the open state when receiving a pressing force (Figure 5b) and brings the valve into the closed state when the pressing force is removed (Figure 5a), and an elastic force applying portion that presses the valve against an opening of the through hole (8b elastically deforms during opening and closing. P3, para. [4]. Figures 5a-b, and 6a.)
Conclusion
Prior art made of record and not relied upon is considered pertinent to applicant's disclosure and provides example of invention. A few of the prior art cited but not applied includes Stewart (US Pub. 2017-0253393); Baird (US 8,348079); and Morris (US 6,006,942).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN CUMAR whose telephone number is (571)270-3112. The examiner can normally be reached Monday thru Friday, 8:00 am to 5:00 pm EST.
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/NATHAN CUMAR/Primary Examiner, Art Unit 3675
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