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 1-13 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 3 recites the limitation "the lower portion of said spout." There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation "the lower portion of said handle." There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "the lower portion of said main body." There is insufficient antecedent basis for this limitation in the claim.
Claim 13 recites the limitation "the lower portion of said main body." There is insufficient antecedent basis for this limitation in the claim.
The term “thoroughly-hollow” in claim 1 is a relative term which renders the claim indefinite. The term “thoroughly-hollow” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Regarding claim 6, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
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) 1-4, 6-7, and 10-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Windmiller (20080277020).
Regarding claim 1, Windmiller discloses a lid assembly, for a container, comprising:
- a main body (512), removably mounting to said container, said main body is provided with a receiving chamber (1130) and a passage fluidically (1166) communicable with the interior of said container;
- a spout (1140, 1150), configured to provide an internal thoroughly-hollow bore and to sit over said passage and to pivotably mounted to said main body in said receiving chamber, such that said spout is movable between a first position where said passage and said bore being communicable and a second position where said passage and said bore being not communicable (Figs. 32-33);
- a handle (1170), operatively connecting to said spout and to said main body;
- a connecting member (1172), having a first end movably connecting to said spout and a second end connecting to said handle (Figs. 32-34); and characterized in that, the connection between said spout, said connecting member, and said handle define a linkage system (Figs. 32-34), whereby the movement of said handle actuates the movement of said spout.
Regarding claim 2, said connecting member comprising a first link member (1172a) and a second link member (1172b) connecting said first link member, the free end of said first link member connecting said spout and the free end of said second link member connecting said handle (Figs. 32-34).
Regarding claim 3, said free end of said first link member connecting to the lower portion (1150) of said spout (Fig. 33).
Regarding claim 4, said spout pivotably mounted to the upper portion (1134) of said main body.
Regarding claim 6, said first link member and said second link member connecting at an angle, preferably an obtuse angle (Figs. 32-33).
Regarding claim 7, said first link member being configured to provide a pair of bifurcated portions (1174).
Regarding claim 10, the connection between said handle and said main body being a pivotal connection (Figs. 32-33).
Regarding claim 11, the connection between said handle and said main body being a slidable connection (Figs. 32-33).
Allowable Subject Matter
Claims 5, 8-9, and 12-13 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DONNELL ALAN LONG whose telephone number is (571)270-5610. The examiner can normally be reached Mon - Fri 8AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, PAUL DURAND can be reached at 571-272-4459. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DONNELL A LONG/Primary Examiner, Art Unit 3754
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