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
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) 1-2, 9, and 13-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Seaquist Closures Foreign, Inc (Seaquist, EP 1,955,963).
1: Seaquist teaches a closure cap (cap generally indicated as 20, Figures 1-2) comprising: a base (base 26); a flip-top lid (flip top lid 24) hingedly connected to the base (via 30), the flip-top lid being movable between an open position (open position in Figure 1) and a closed position (closed position in Figures 7-8), the flip-top lid and the base together forming a recess (recess at 116, Figure 7) in an outer wall of the closure cap when the flip-top lid is in the closed position (see Figure 7), the recess allowing a user to apply a force to move the flip-top lid from the closed position (from the closed position in Figures 7-8) to the open position (open position in Figure 1); a guide pole protruding from an upper surface of the base (pole formed by 52, Figure 1, protruding from 48); a movable ring (ring 74 is movable) disposed round the guide pole after an initial closing of the flip-top lid (74 beginning to engage 52 at the initial closing of the lid 24), the movable ring being movable from a first position (position when 76 initially engages 52) where the movable ring is located near or at an upper end of the guide pole to a second position lower than the first position (second position shown in Figures 5-6); and a breakable member (member 124, Figure 6) configured to break upon the flip-top lid being moved from an initial closed position toward the open position (paragraph 0043).
2: Seaquist teaches the claimed invention as discussed above for Claim 1 and Seaquist further teaches that a plurality of breakable members that forms spokes connecting the movable ring to the flip-top lid prior to initial opening of the flip- top lid (member 124 comprising 124a and 124b, Figure 6).
9: Seaquist teaches the claimed invention as discussed above for Claim 1 and Seaquist further teaches that an upper surface of the flip-top lid, a top surface of the guide pole, and an upper surface of the movable ring are substantially flat when the movable ring is in the first position (the upper surface of the lid 24, the flat surface at the top of 52, upper surface of 24, located vertically are substantially flat relative themselves when the ring 74 is in the first position, see Figures 5-6).
13: Seaquist teaches a closure cap (cap generally indicated as 20, Figures 1-2) comprising: a base (base 26); a lid comprising a flip member (flip top lid 24) hingedly connected to the base (via 30), the lid including a pair of side panels (pair of side panels 120 and 116, Figure 1) that are integrally molded with the lid (see Figure 1) and subsequently fastened to the base upon initial closure (see fastened configuration in Figure 6), one of the side panels disposed on a first side of the flip member (116 disposed on a top side of 86) and another of the side panels disposed on a second side of the flip member (on a bottom side of 86), the flip member being movable between an open position (open position in Figure 1) and a closed position (closed position in Figures 7-8), wherein the lid and the base together form a recess in an outer wall of the closure cap (recess at 116, Figure 7) when the flip member is in the closed position, the recess forming a grasping area (area at 116, having raised features, Figure 7) providing user to apply a force to move the flip member (see Figure 9) from the closed position to the open position; and a plurality of breakable members (member 124 comprising 124a and 124b, Figure 6) formed of bridges of material on a top surface of the lid (an exterior surface located proximate the top of the lid), wherein the bridges of material connect the flip member with the side panels and are configured to break upon the flip member is moved from the closed position to the open position (paragraph 0043).
14: Seaquist teaches the claimed invention as discussed above for Claim 13 and Seaquist further teaches that the flip member is connected to the side panels in an initial closed position via the plurality of breakable members (see initial closed position closed via 124a, Figure 7) and wherein the flip member is separated from the side panels upon the flip member being moved from the initial closed position to the open position (open position where 124a and 124b are broken, paragraph 0043).
Claim(s) 1-2 and 8-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Scheer et al. (Scheer US 2008/0047976).
1: Scheer teaches a closure cap (cap 110, Figures 5-8A) comprising: a base (base 112); a flip-top lid (cap 120) hingedly connected to the base (hinged at 18), the flip-top lid being movable between an open position (open position in Figure 1) and a closed position (closed position in Figures 2-3), the flip-top lid and the base together forming a recess (recess formed by 138 and 112) in an outer wall of the closure cap when the flip-top lid is in the closed position (closed position in Figures 2-3), the recess allowing a user to apply a force (see force 100 in Figure 8)to move the flip-top lid from the closed position to the open position (open position in Figure 1); a guide pole protruding from an upper surface of the base (pillar 152, protruding from 130, Figure 1); a movable ring (ring 150, disposed around 152) disposed round the guide pole after an initial closing of the flip-top lid (at an initial closing when 150 first makes contact with 152), the movable ring being movable from a first position where the movable ring is located near or at an upper end of the guide pole to a second position lower than the first position (when 150 is full seated into 152 at 154); and a breakable member (frangible strip 156) configured to break upon the flip-top lid being moved from an initial closed position toward the open position (paragraph 0040).
2: Scheer teaches the claimed invention as discussed above for Claim 1 and Scheer further teaches that a plurality of breakable members that forms spokes connecting the movable ring to the flip-top lid prior to initial opening of the flip- top lid (156 comprises multiple members, see Figure 5).
8: Scheer teaches the claimed invention as discussed above for Claim 1 and Scheer further teaches that the movable ring is located at a substantially same plane of an upper wall of the flip-top lid in the first position (150 is at substantially the same plane as 134).
9: Scheer teaches the claimed invention as discussed above for Claim 1 and Scheer further teaches that an upper surface of the flip-top lid, a top surface of the guide pole, and an upper surface of the movable ring are substantially flat when the movable ring is in the first position (the upper surface of the lid 134, the top surface of 152, upper surface of 150 are substantially flat relative themselves when the ring 150 is in the first position, see Figures 5-9).
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.
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) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Seaquist Closures Foreign, Inc (Seaquist, EP 1,955,963) in view of Gueret (US 4,982,882).
3: Seaquist teaches that the claimed invention as discussed above for Claim 1 except that the guide pole comprises a wide upper top which is slightly wider than a portion of the guide pole near the wide upper top.
Gueret teaches that the tube (211) includes beads (251 and 252) to engage the sleeve tube (211, Figure 8A).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Seaquist such that the teaching of the guide pole comprises a wide upper top which is slightly wider than a portion of the guide pole near the wide upper top were applied in order to prevent disengagement of guide pole from the ring element in order to indicate tampering has occurred, as taught by Gueret, col. 6, ll. 57-68.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Scheer et al. (Scheer US 2008/0047976) in view of Gueret (US 4,982,882).
3: Scheer teaches that the claimed invention as discussed above for Claim 1 except that the guide pole comprises a wide upper top which is slightly wider than a portion of the guide pole near the wide upper top.
Gueret teaches that the tube (211) includes beads (251 and 252) to engage the sleeve tube (211, Figure 8A).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Scheer such that the teaching of the guide pole comprises a wide upper top which is slightly wider than a portion of the guide pole near the wide upper top were applied in order to prevent disengagement of guide pole from the ring element in order to indicate tampering has occurred, as taught by Gueret, col. 6, ll. 57-68.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Scheer et al. (Scheer US 2008/0047976) in view of Van Alfen et al. (Van US 9,409,680).
11: Scheer teaches a closure cap (cap 110, Figures 5-8A) comprising: a base (base 112); a flip-top lid (cap 120) hingedly connected to the base (hinged at 18), the flip-top lid being movable between an open position (open position in Figure 1) and a closed position (closed position in Figures 2-3), the flip-top lid and the base together forming a recess (recess formed by 138 and 112) in an outer wall of the closure cap when the flip-top lid is in the closed position (closed position in Figures 2-3), the recess allowing a user to apply a force (see force 100 in Figure 8)to move the flip-top lid from the closed position to the open position (open position in Figure 1); a guide pole protruding from an upper surface of the base (pillar 152, protruding from 130, Figure 1); a movable ring (ring 150, disposed around 152) disposed round the guide pole after an initial closing of the flip-top lid (at an initial closing when 150 first makes contact with 152), the movable ring being movable from a first position where the movable ring is located near or at an upper end of the guide pole to a second position lower than the first position (when 150 is full seated into 152 at 154); and a breakable member (frangible strip 156) configured to break upon the flip-top lid being moved from an initial closed position toward the open position (paragraph 0040); a container (16) with neck (14, Figure 10) capable of use with the closure cap, with threads (232) to engage an exterior surface of container neck 14, paragraph 0053.
Scheer teaches the claimed invention as discussed above except a container body with a thixotropic fluid therein.
Van teaches a bottle 50, which can contain thixotropic fluid such as ketchup, col. 1, ll. 50-65.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Scheer such that a dispensing bottle with a container body with a thixotropic fluid therein were applied in order to permit food substances, which has thixotropic properties such as ketchup were provided and stored within a container in order to be used to dispense the substance during use.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Seaquist Closures Foreign, Inc (Seaquist, EP 1,955,963).
20: Seaquist teaches the claimed invention as discussed above for Claim 13 and Seaquist further teaches that a boundary of the flip member has a shape (e.g. a trapezoid shape, Figure 8) except for the explicit teaching of a boundary of the flip member indicates a logo of the company.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Seaquist such that the teaching of a boundary of the flip member indicates a logo of the company were applied since a change in form or shape, in this case the shape of the flip member, is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47.
Allowable Subject Matter
Claims 4-7 and 15-19 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 KING M CHU whose telephone number is (571)270-7428. The examiner can normally be reached Monday - Friday 10AM - 6PM EST.
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/King M Chu/Primary Examiner, Art Unit 3735
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