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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 6 & 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Birdsell (US 10398279).
Regarding claim 1; Birdsell discloses;
A bottle cap device (Fig. 2A, 40) comprising:
a main body (Fig. 2A, 42) defining an open end configured for receiving an outlet of a bottle (Fig. 2A depicts the bottle cap 40 receiving a bottle 32 through its open end) having an external thread (Fig. 6A depicts the bottle having external threads).
wherein the main body comprises:
(i) an internal thread arranged to threadedly couple with the external thread of the bottle (Fig. 3C, 58; col. 5, lines 47-53)
(ii) a hub (Fig. 2A, 82) extending within a periphery of the internal thread, wherein the hub defines an internal space (see annotated Fig. 2B below depicting the internal space);
PNG
media_image1.png
631
814
media_image1.png
Greyscale
and a valve member (Fig. 2A, 74) disposed within the internal space (Fig. 2A depicts the valve member 74 in the internal space of the hub 82) defined by the hub, wherein the valve member is movable relative to the main body between a closed position (Fig. 2A depicts the closed position) in which the valve member blocks fluid flow through the hub of the bottle cap device and an open position (Fig. 2B depicts the open position) in which fluid is allowed to flow through the hub of the bottle cap device (col. 6, lines 55-56; In the closed position, fluid is prevented from exiting out of the container 32 through the orifice 72. In the open position, fluid is able to pass through the orifice 72 and out of the container)
Regarding claim 6, in addition to the limitations in claim 1, Birdsell discloses;
a spring disposed within the internal space defined by the hub, wherein the spring biases the valve member towards the closed position (col. 6, lines 58-61; a bias element, such as a spring shown in FIGS. 2A-2B, is able to urge or return the plunger 74 from the open position (FIG. 2B) to the closed position).
Regarding claim 7, in addition to the limitations in claim 1, Birdsell discloses;
an annular cap seal member (Fig. 2A, 46) disposed around the hub (Fig. 2A 82) and arranged to seal against the outlet of the bottle.
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.
Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Birdsell (US 10398279) in view of Luch et al (US 20050269282).
Regarding claim 2, in addition to the limitations in claim 1, Birdsell does not disclose;
wherein the main body comprises a one-way tooth feature that configures the bottle cap device to resist being unthreaded from the bottle to which the bottle cap device is threadedly coupled.
However, Luch teaches;
wherein the main body (Fig. 1, 21) comprises a one-way tooth feature (Fig. 2, elements 81, 82 & 83 make up the one-way tooth feature) that configures the bottle cap device to resist being unthreaded from the bottle to which the bottle cap device is threadedly coupled ([0100]; Thus the interengagement of teeth 81 and 51 prevent unscrewing the cap). The advantage of having a cap with a one-way tooth feature that configures the bottle cap to be resistant to being unthreaded from a bottle is to prevent the contents of the bottle to be tampered with. Therefore, it would have been obvious to someone of ordinary skill in the art, before the effective filing date, to have incorporated the teachings of Luch with the invention of Birdsell to provide a bottle cap with a one-way tooth feature.
Regarding claim 3, in addition to the limitations in claim 2, Birdsell does not disclose;
wherein the main body comprises at least four of the one-way tooth features that configure the bottle cap device to resist being unthreaded from the bottle to which the bottle cap device is threadedly coupled.
However, Luch teaches;
wherein the main body comprises (Fig. 1, 21) at least four of the one-way tooth features (see annotated Fig. 2 below depicting at least four one-way tooth features) that configure the bottle cap device to resist being unthreaded from the bottle to which the bottle cap device is threadedly coupled ([0100]; Thus the interengagement of teeth 81 and 51 prevent unscrewing the cap). The advantage of having a cap with at least 4 one-way tooth features is to have a backup locking feature in case one of the one-way tooth features are broken during transport or handling. Therefore, it would have been obvious to someone of ordinary skill in the art, before the effective filing date, to have incorporated the teachings of Luch with the invention of Birdsell to provide a bottle cap with at least 4 one-way tooth features.
PNG
media_image2.png
757
1057
media_image2.png
Greyscale
Claims 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Birdsell (US 10398279) in view of Kim (US 20230380614).
Regarding claim 4, in addition to the limitations in claim 1, Birdsell discloses;
a valve member (Fig. 2A, 74).
Birdsell does not disclose;
wherein the valve member defines a seal groove in which an annular seal member is seated.
However, Kim teaches;
wherein the valve member (Fig. 19, 10) defines a seal groove in which an annular seal member is seated (Fig. 19, 14; [0213]). The advantage of having an annular seal member in the groove of the valve is to better prevent the leakage of water when in the closed position. Therefore, it would have been obvious to someone of ordinary skill in the art, before the effective filing date, to have incorporated the teachings of Kim with the invention of Birdsell to provide an annular seal member that is seated in a groove defined by the valve member.
Regarding claim 5, in addition to the limitations in claim 4, Birdsell does not disclose;
wherein an end of the hub includes a frustoconical surface against which the seal member is seated when the valve member is in the closed position.
However, Kim teaches;
wherein an end of the hub (Fig. 87, 54) includes a frustoconical surface (see annotated Fig. 87 below depicting the frustoconical surface) against which the seal member (Fig. 87, 57) is seated when the valve member (Fig. 87, 56) is in the closed position (Fig. 87 depicts the closed position). The advantage of having includes a frustoconical surface against which the seal member is seated when the valve member is in the closed position is to provide a better seal. Therefore, it would have been obvious to someone of ordinary skill in the art, before the effective filing date, to have incorporated the teachings of Kim with the invention of Birdsell to provide a frustoconical surface against which the seal member is seated when the valve member is in the closed.
PNG
media_image3.png
283
322
media_image3.png
Greyscale
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Birdsell (US 10398279) in view Feng (US 20230294885).
Regarding claim 8, in addition to the limitation in claim 1, Birdsell does not disclose;
a removable member adhered to the main body and covering an end of the internal space defined by the hub.
However, Feng teaches;
a removable member (Fig. 7b, 16) adhered to the main body (Fig. 7b, 15) and covering an end of the internal space defined by the hub (Fig. 7c depicts the removable member 16 being capable of covering the internal space defined by the hub). The advantage of having a removable member adhered to the main body of a cap is that users can open the cap by a simple one-step operation by removing the top plate, which thereby reduces actions of users and greatly improves user experience. Therefore, it would have been obvious to someone of ordinary skill in the art, before the effective filing date, to have incorporated the teachings of Feng with the invention of Birdsell to provide a cap with a removable member.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's
disclosure. US Patent 20240140654 A1 is directed to the state of the art of bottle caps.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRYANT K HUYNH whose telephone number is (571)272-8630. The examiner can normally be reached Monday - Friday 7:30-5:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Angwin can be reached at (571)-270-3735. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/B.K.H./Examiner, Art Unit 3754
/DAVID P ANGWIN/Supervisory Patent Examiner, Art Unit 3754
Prosecution Insights