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 .
Election/Restrictions
Applicant's election without traverse of Species E (figs.9-23) in claims 1-20 in the reply filed on 05/29/2026 is acknowledged.
The requirement is still deemed proper and is therefore made FINAL.
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.
Claim(s) 1-3,5-9,11-13,16-17 and 19-20is/are rejected under 35 U.S.C. 103 as being unpatentable over Mason (US5361918A) and further in view of Hakim (US20050056611A1).
Regarding claim 1, Mason teaches a device for storing a solute comprising:
a first storage compartment configured to store the solute (fig.2 shows the first compartment 16 capable of storing a solute);
a second storage compartment (fig.2 shows the second compartment 20);
a baby bottle nipple (fig.1 shows the nipple 14); and
a plug (fig.2 shows the plug 36);
wherein an upper portion of the second storage compartment is connected to a lower portion of the first storage compartment (fig.2 shows the upper portion of the compartment 20 is connected to lower portion of the compartment 16);
wherein a lower portion of the second storage compartment is configured to removably attach to an upper portion of a solvent container (fig.1 shows the lower portion of compartment 20 is capable of being removed from the upper portion of the bottle 10);
wherein the plug is configured to seal the first storage compartment (fig.2 the plug 36 is capable of closing the compartment 16)
wherein the second storage compartment is configured to house the baby bottle nipple (fig.1 shows the compartment 20 capable of housing the nipple 14);
wherein the plug includes a tapered ring and an umbrella lip (fig.1 shows the plug 36 with ring 38 and under surface of 36 creating a umbrella lip). Mason does not teach wherein the second storage compartment includes a protruding hollow half spherical nip housing sized and shaped to grip the baby bottle nipple and to compress the baby bottle nipple into a compressed state when the second storage compartment is attached to the upper portion of the solvent container and pull the baby bottle nipple to release the baby bottle nipple from the compressed state.
Hakim teaches wherein the second storage compartment includes a protruding hollow half spherical nip housing sized and shaped to grip the baby bottle nipple and to compress the baby bottle nipple into a compressed state when the second storage compartment is attached to the upper portion of the solvent container and pull the baby bottle nipple to release the baby bottle nipple from the compressed state (fig.3 shows the compartment 24 that has a nipple housing 20 that extends downwardly from the bottom surface of the compartment and is capable of compressing and erect the nipple and is in the shape of hollow half spherical i.e. the compressed state can be created by pushing on the top of 12 by the user). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the bottom compartment disclosed by Mason by adding the teaching of the nipple housing as disclosed by Hakim in order to control any liquid that might discharge though the nipple and dropping it back into the reservoir and reduce waste. “Icon 20 is a sealing element located at the top of cover 24 which is provided to prevent the nipple of the bottle from leaking.” (0021, Hakim)
Regarding claim 2, the references as applied to claim 1 above discloses all the limitations substantially claimed. Mason as modified in claim 1 further teaches wherein an orifice of the first storage compartment has a smaller diameter than a diameter of an opening to the solvent container (fig.1 and 4 show the opening 32 has a smaller diameter than the opening of the bottle).
Regarding claim 3, the references as applied to claim 1 above discloses all the limitations substantially claimed. Mason as modified in claim1 further teaches wherein the first storage compartment includes smooth interior walls and/or wherein the first storage compartment does not include acute corners (fig.2 shows the storage 16 has smooth interior walls).
Regarding claim 5, the references as applied to claim 1 above discloses all the limitations substantially claimed. Mason as modified in claim 1 above further teaches wherein the solute is powdered baby formula (fig.1-3 the solute stored can be baby formula).
Regarding claim 6, the references as applied to claim 1 above discloses all the limitations substantially claimed. Mason as modified in claim 1 above further teaches wherein the plug is operable to create an airtight, water tight, impermeable, and/or pressure tight seal with the first storage compartment (fig.2 the plug 36 is capable of creating an air tight search for compartment 16).
Regarding claim 7, the references as applied to claim 1 above discloses all the limitations substantially claimed. Mason as modified in claim 1 above further teaches wherein the umbrella lip of the plug frictionally engages around and overtop of the upper portion of the first storage compartment (fig.1-2 show the umbrella lip of the plug 36 would engage around and over the top of the first compartment of 16).
Regarding claim 8, the references as applied to claim 1 above discloses all the limitations substantially claimed. Mason as modified in claim 1 above further teaches wherein the ring of the plug is attached to a top surface of the plug (fig.2 shows the ring 38 attached to the top surface of the plug 36).
Regarding claim 9, the references as applied to claim 1 above discloses all the limitations substantially claimed. Mason as modified in claim 1 further teaches wherein the protruding hollow half spherical nip housing is operable to create symmetrical downward pressure on the baby bottle nipple (fig.3 shows the housing 20 that is capable of being operable to create a downward pressure on the nipple; it is noted by using “operable” applicant is not positively claiming that limitation).
Regarding claim 11, Mason teaches a device for preparing a baby bottle comprising (fig.1 shows the device for preparing a baby bottle):
a powdered formula storage compartment (fig.2 shows compartment 16 for formula storage);
a baby bottle nipple compartment (fig.1 shows compartment 20 for bottle nipple storage); and
a ring plug (fig.2 shows the ring plug 36):
wherein an upper portion of the baby bottle nipple compartment is connected to a lower portion of the powdered formula storage compartment (fig.2 shows the two compartments 20 and 16 are connected);
wherein a lower portion of the baby bottle nipple compartment is configured to removably attach to an upper portion of the baby bottle (fig.1 shows the lower portion of the compartment 20 is capable of being removed from the upper portion of the bottle 10);
wherein the ring plug is configured to close the powdered formula storage compartment (fig.2 the plug 36 is capable of closing the compartment 16 by engaging the orifice 32 of compartment 16);
wherein the baby bottle nipple compartment is configured to house a baby bottle nipple (see fig.1 that shows the compartment 20 housing a nipple); and
wherein the ring plug includes a tapered ring and an umbrella lip ((fig.2 shows the ring plug 36 that has a ring 38 and an umbrella lip that extends outward and covers the ring 38). Mason does not teach wherein the baby bottle nipple compartment includes a hollow half spherical nipple housing protrusion extending downwardly from a bottom surface of the baby bottle nipple compartment, which is sized and shaped to grip the baby bottle nipple to compress the baby bottle nipple and pull the baby bottle nipple to erect the baby bottle nipple.
Hakim does teach wherein the baby bottle nipple compartment includes a hollow half spherical nipple housing protrusion extending downwardly from a bottom surface of the baby bottle nipple compartment, which is sized and shaped to grip the baby bottle nipple to compress the baby bottle nipple and pull the baby bottle nipple to erect the baby bottle nipple (fig.3 shows the compartment 24 that has a nipple housing 20 that extends downwardly from the bottom surface of the compartment and is capable of compressing and erect the nipple and is in the shape of hollow half spherical). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the bottom compartment disclosed by Mason by adding the teaching of the nipple housing as disclosed by Hakim in order to control any liquid that might discharge though the nipple and dropping it back into the reservoir and reduce waste. “Icon 20 is a sealing element located at the top of cover 24 which is provided to prevent the nipple of the bottle from leaking.” (0021, Hakim)
Regarding claim 12, the references as applied to claim 11 above discloses all the limitations substantially claimed. Mason as modified in claim 11 further teaches wherein the powdered formula storage compartment and the baby bottle nipple compartment are integrally formed (fig.2 shows the compartments 16 and 20 are integrally formed).
Regarding claim 13, the references as applied to claim 11 above discloses all the limitations substantially claimed. Mason as modified in claim 11 further teaches wherein the powdered formula storage compartment includes smooth interior walls (fig.2 shows the compartment 16 which has smooth interior walls).
Regarding claim 16, the references as applied to claim 11 above discloses all the limitations substantially claimed. Mason as modified in claim 11 further teaches wherein the hollow half spherical nipple housing protrusion is operable to create symmetrical downward pressure on the baby bottle nipple (see fig.3 where the nipple housing is capable of creating symmetrical downwards pressure on the bottle nipple by applying pressure on top of the housing; by using “operable” it is a capable of limitation and applicant has not defined the operable limitation yet).
Regarding claim 17, Mason teaches a system for storing a solute comprising (fig.1 shows a system for storin a solute):
a first storage compartment configured to store the solute (fig.1 compartment 16 capable of storing a solute);
a second storage compartment configured to house a baby bottle nipple ((fig.2 compartment 20 capable of housing a baby bottle nipple; nipple is not positively claimed);
a liquid container (fig.1 and 4 bottle 10); and
a plug (fig.2 plug 36);
wherein an upper portion of the second storage compartment is connected to a lower portion of the first storage compartment (fig.2 shows the upper portion of the compartment 20 is connected to the lower portion of compartment 16);
wherein a lower portion of the second storage compartment is configured to removably attach to an upper portion of the liquid container (fig.1 shows the lower portion of the compartment 20 is capable of being removed from the upper portion of the bottle 10);
wherein the plug is configured to close the first storage compartment (fig.2 the plug 36 is capable of closing the compartment 16 by engaging the orifice 32 of compartment 16). Mason does not teach wherein the second storage compartment includes a protruding hollow half spherical nip housing sized and shaped to grip the baby bottle nipple to compress the baby bottle nipple into a compressed state and pull the baby bottle nipple to release the baby bottle nipple from the compressed state.
Hakim does teach wherein the second storage compartment includes a protruding hollow half spherical nip housing sized and shaped to grip the baby bottle nipple to compress the baby bottle nipple into a compressed state and pull the baby bottle nipple to release the baby bottle nipple from the compressed state (fig.3 shows the compartment 24 that has a nipple housing 20 that extends downwardly from the bottom surface of the compartment and is capable of compressing and erect the nipple and is in the shape of hollow half spherical and the pressure will also depended on how big the nipple is if the nipple is big enough it will compress by the nipple housing; applicant has not positively claimed the nipple so it can be any size nipple). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the bottom compartment disclosed by Mason by adding the teaching of the nipple housing as disclosed by Hakim in order to control any liquid that might discharge though the nipple and dropping it back into the reservoir and reduce waste. “Icon 20 is a sealing element located at the top of cover 24 which is provided to prevent the nipple of the bottle from leaking.” (0021, Hakim)
Regarding claim 19, the references as applied to claim 17 above discloses all the limitations substantially claimed. Mason as modified in claim 17 further teaches wherein the plug includes a ring-shaped handle attached to a top surface of the plug and wherein the plug is operable to create an airtight, water tight, impermeable, and/or pressure tight seal with the first storage compartment (fig.2 shows the plug 36 with ring 38 is attached to the top surface of the plug 36 and the plug is capable of creating water tight seal).
Regarding claim 20, the references as applied to claim 17 above discloses all the limitations substantially claimed. Mason as modified in claim 17 further teaches wherein the protruding hollow half spherical nip housing is operable to create symmetrical downward pressure on the baby bottle nipple (fig.3 the nip housing 20 will create a downward pressure on the nipple depending on how big the nipple is or if the user applies downward pressure on top of the housing)
Claim(s) 4 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mason (US5361918A), Hakim (US20050056611A1) and further in view of Mooney (US9050242B1).
Regarding claim 4, the references as applied to claim 1 above discloses all the limitations substantially claimed. Mason as modified in claim 1 above does not teach wherein the first storage compartment includes interior concave walls that are upward and increasingly concave from the interior of the lower portion of the first storage compartment to an upper portion of the first storage compartment.
Mooney does teach wherein the first storage compartment includes interior concave walls that are upward and increasingly concave from the interior of the lower portion of the first storage compartment to the upper portion of the first storage compartment (fig. 2 shows the compartment 20 with concaved interior walls that are upward and increasingly concave from the interior of the lower portion of the storage). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the interior walls of Mason to be increasingly concave shape as disclosed by Mooney as a mere change of shape would accomplish same results of storing the solute. A change in form or shape 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.
Regarding claim 14, the references as applied to claim 11 above discloses all the limitations substantially claimed Mason as modified in claim 1 above does not teach wherein the powdered formula storage compartment includes interior concave walls that are upward and increasingly concave from the interior of the lower portion of the powdered formula storage compartment to an upper portion of the powdered formula storage compartment.
Mooney does teach wherein the powdered formula storage compartment includes interior concave walls that are upward and increasingly concave from the interior of the lower portion of the powdered formula storage compartment to the upper portion of the powdered formula storage compartment (fig. 2 shows the compartment 20 with concaved interior walls that are upward and increasingly concave from the interior of the lower portion of the storage). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the interior walls of Mason to be increasingly concave shape as disclosed by Mooney as a mere change of shape would accomplish same results of storing the solute. A change in form or shape 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.
Regarding claim 18, the references as applied to claim 17 above discloses all the limitations substantially claimed. Mason as modified in claim 17 further teaches wherein the first storage compartment and the second storage compartment are integrally formed and permanently connected (fig.2 shows the two compartments 16 and 20 are integrally connected), wherein the first storage compartment is operable to store powdered baby formula (fig.1 the compartment 16 is capable of storing baby formula).. Mason as modified in claim 17 does not teach wherein the first storage compartment includes smooth interior concave walls that are upward and increasingly concave from the interior of the lower portion of the first storage compartment to an upper portion of the first storage compartment.
Mooney does teach wherein the first storage compartment includes smooth interior concave walls that are upward and increasingly concave from the interior of the lower portion of the first storage compartment to the upper portion of the first storage compartment (fig. 2 shows the compartment 20 with concaved interior walls that are upward and increasingly concave from the interior of the lower portion of the storage). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the interior walls of Mason to be increasingly concave shape as disclosed by Mooney as a mere change of shape would accomplish same results of storing the solute. A change in form or shape 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.
Claim(s) 10 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mason (US5361918A), Hakim (US20050056611A1) and further in view of Tesler (US4688571A).
Regarding claim 10, the references as applied to claim 1 above discloses all the limitations substantially claimed. Mason as modified in claim 1 further teaches wherein the plug further includes a ring-shaped handle.
Tesler does teach wherein the plug further includes a ring-shaped handle (fiug.3 shows the plug 39+ disc 34 with a handle 43). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the plug disclosed by claim 1 by adding the teaching of a handle on the top surface as disclosed by Tesler in order to easily take the plug off the container as the user will have something to grip against on the top surface and pull it off easily.
Regarding claim 15, the references as applied to claim 11 above discloses all the limitations substantially claimed. Mason as modified in claim 11 further teaches wherein the ring plug is operable to create an airtight, water tight, impermeable, and/or pressure tight seal with the powdered formula storage compartment (fig.1 the ring plug 36 is capable of creating an airtight seal with the storage 16). Mason as modified in claim 11 does not teach wherein the ring plug includes a ring-shaped handle attached to a top surface of the ring plug.
Tesler does teach wherein the plug further includes a ring-shaped handle (fiug.3 shows the plug 39+ disc 34 with a handle 43). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the plug disclosed by claim 1 by adding the teaching of a handle on the top surface as disclosed by Tesler in order to easily take the plug off the container as the user will have something to grip against on the top surface and pull it off easily.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No.12,312,148. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Regarding claim 1, App No. ‘200 (claim 1) discloses the claimed subject matter.
Regarding claim 2, App No. ‘200 (claim 2) discloses the claimed subject matter.
Regarding claim 3, App No. ‘200 (claim 3) discloses the claimed subject matter.
Regarding claim 4, App No. ‘200 (claim 4) discloses the claimed subject matter.
Regarding claim 5, App No. ‘200 (claim 5) discloses the claimed subject matter.
Regarding claim 6, App No. ‘200 (claim 6) discloses the claimed subject matter.
Regarding claim 7, App No. ‘200 (claim 7) discloses the claimed subject matter.
Regarding claim 8, App No. ‘200 (claim 8) discloses the claimed subject matter.
Regarding claim 9, App No. ‘200 (claim 17) discloses the claimed subject matter.
Regarding claim 10, App No. ‘200 (claim 19) discloses the claimed subject matter.
Regarding claim 11, App No. ‘200 (claim 9) discloses the claimed subject matter.
Regarding claim 12, App No. ‘200 (claim 10) discloses the claimed subject matter.
Regarding claim 13, App No. ‘200 (claim 11) discloses the claimed subject matter.
Regarding claim 14, App No. ‘200 (claim 12) discloses the claimed subject matter.
Regarding claim 15, App No. ‘200 (claim 13) discloses the claimed subject matter.
Regarding claim 16, App No. ‘200 (claim 20) discloses the claimed subject matter.
Regarding claim 17, App No. ‘200 (claim 14) discloses the claimed subject matter.
Regarding claim 18, App No. ‘200 (claim 15) discloses the claimed subject matter.
Regarding claim 19, App No. ‘200 (claim 16) discloses the claimed subject matter.
Regarding claim 20, App No. ‘200 (claim 17) discloses the claimed subject matter.
Conclusion
See PTO-892 for the prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/PRINCE PAL/Examiner, Art Unit 3735
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