DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Claim Objections
Claim 2 objected to because of the following informalities: in line 2 of the claim, “a second opening configured dispensing filtered water” appear to be an error for --a second opening configured for dispensing filtered water--. Appropriate correction is required.
Claim Rejections - 35 USC § 112
Claims 20-47 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 20 recites the limitation "in fluid communication with ambient" in line 8. This limitation is indefinite because the use of “ambient” is unclear and it appears to be an error for --in fluid communication with ambient air--.
Claim 35 recites the limitation "in fluid communication with ambient" in line 9. This limitation is indefinite because the use of “ambient” is unclear and it appears to be an error for --in fluid communication with ambient air--.
Claims 21-34 and 36-47 directly or indirectly depend from claim 20 or claim 35.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 20-24, 26 and 29-34 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Nelson (US 2012/0298614) in view of Gibney (US 2005/0056651).
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In re Claim 20: Nelson discloses a cap assembly configured to be coupled to a container 101, the cap assembly comprising: a cap 105 comprising: a first opening (opening of 171) configured to transition from a pour position (FIG.12) to a closed position (FIG.10); a second opening (opening of 109) configured to transition from a fill position (when opened as shown in FIG.11) to a storage position (FIG.10); and a cover 127 coupled to (via 123) the cap 105 and configured to close the second opening (opening of 109) when the second opening (opening of 109) is in the storage position (FIG.10), the cover 127 remaining coupled (via 123) the cap 105 when the cover 127 is in the fill position (when opened as shown in FIG.11); a filter 109/121 configured to couple (via 123) the cap 105; and a fluid reservoir (fluid reservoir between 127 and the filter 121 as seen in FIG. 18) is between the filter 121 and at least one of the first opening and the second opening (opening of 109) (see FIGS. 10-11 above and 12-19 of Nelson).
Nelson discloses the claimed invention as discussed above with the exception of the following claimed limitation as taught by Gibney:
Gibney teaches the provision of using a pour spout in combination with an air vent 17 configured to be in fluid communication with ambient air in order to reduce splashes when using the pour spout (see [0020] of Gibney). With this in mind, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the cap of Nelson with the air vent as taught by Gibney for the reason discussed above.
Nelson further discloses:
In re claim 21: the filter 109/121 comprises a top opening (opening on top of 121) configured to receive water and a second opening 141 configured for dispensing filtered water into a container 101 (see FIG.14 of Nelson).
In re claim 22: the second opening 141 extends through a bottom of the filter 109/121 (see FIG.14 of Nelson).
In re claim 23: the filter 109/121 is configured to extend into a container 101 when the cap assembly is coupled to the container 101 (see FIG.10 of Nelson).
In re claim 24: the cap assembly is configured to threadably 103 couple to a container 101 (see FIG.11 and [0056] of Nelson).
Nelson in view of Gibney further teaches:
In re claim 26: the vent 17 is configured to allow ambient air into a bottle when liquid is poured from a first opening (opening of spout) (see [0020] of Gibney).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify Nelson in view of Gibney for the reason discussed above in claim 20.
In re claim 29: the fluid reservoir (fluid reservoir between 127 and the filter 121 as seen in FIG. 18) is configured to contain unfiltered water entering the second opening (opening of 109) before going through the filter 121 (see FIGS. 10-19 of Nelson).
In re claim 30: at least one of the filter 121 and reservoir is contained within a cartridge (see [0056] of Nelson).
In re claim 31: the filter includes activated carbon (see [0008] and [0050] of Nelson).
In re claim 32: the filter 121 is a fast flow filter 121 (see [0022], [0056], [0059] and [0062] of Nelson).
In re claim 33: the cap 105 further comprises a side wall 107at least partially defining the fluid reservoir (see FIG.10 of Nelson).
In re claim 34: the cap assembly is configured to gravity flow filter water (see FIGS. 10-19 of Nelson).
Claims 35-39, 41 and 43-46 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Sturgess (US 2011/0117257) in view of Wang (US 4.732.303).
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In re claim 35: Sturgess discloses a container 10 for transporting liquid comprising: a container 12 configured to contain liquid, the container 12 having a longitudinal axis; a cap 16 configured to couple with the container 12, the cap 16 comprising: a sidewall (inner sidewall in which 20 is suspended from ([0026]); a first opening (opening in 64) configured to transition from a pour position (FIG.7) to a closed position (FIG.6); a second opening 40 configured to transition from a fill position (FIG,12) to a storage position (when 34 is in the locked position); a cover 34 coupled to the cap 16 and configured to close the second opening 40 when the second opening 40 is in the storage position (when 34 is in the locked position), the cover 34 remaining coupled to the container 12 when the cover 34 is in the fill position (FIG,12); and a reservoir 20 at least partially (top portion of 20) defined by the sidewall (inner sidewall in which 20 is suspended from ([0026]); and a filter 68/70/72 configured to couple to the cap 16 (via 20) (see FIG.1b above and FIGS.1a-12 of Sturgess).
Sturgess discloses the claimed invention as discussed above with the exception of the following claimed limitation as taught by Wang:
Wang teaches the provision of a spout 16 which includes a vent 22 configured to be in fluid communication with ambient air in order to allow for liquid to freely pour out of the container (see col.2, ll.8-16 of Wang). With this in mind, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the cap assembly of Sturgess with the air vent as taught by Wang for the reason discussed above.
Sturgess further discloses:
In re claim 36: the filter 68/70/72 comprises a top opening 92 configured to receive water and a second opening 100 configured dispensing filtered water into a container 12 (see FIG 12 of Sturgess).
In re claim 37: the second opening 100 extends through a bottom 72 of the filter 68/70/72 (see FIG 11 of Sturgess).
In re claim 38: the filter 68/70/72 is coupled to the cap 16 (via 20) and configured to extend into a bottle 12 (see FIG 12 of Sturgess).
In re claim 39: the cap 16 is threadably 18 coupled to the bottle 12 (see FIG 1B of Sturgess).
Sturgess in view of Wang further teaches:
In re claim 41: the vent 22 is configured to allow ambient air into a bottle 10 when liquid is poured from the first opening (opening of 20) (see col.2, ll.8-16 of Wang).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify Sturgess in view of Wang for the same reason discussed above in claim 35.
In re claim 43: the reservoir 20 is configured to contain unfiltered water entering the second opening before going through the filter 68/70/72 (see FIG 12 of Sturgess).
In re claim 44: at least one of the filter 68/70/72 and reservoir 20 is contained within a cartridge 28 (see FIG 12 of Sturgess).
In re claim 45: the filter 68/70/72 includes activated carbon (see [0029] of Sturgess).
In re claim 46: the filter 68/70/72 is a fast flow filter ([0042] of Sturgess).
Claim 47 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Sturgess (US2 011/0117257) in view of Wang (US 4.732.303) and in further view of Nelson (US2 012/0298614). Sturgess in view of Wang tech the claimed invention as discussed above with the exception of the following limitation that is taught by Nelson:
In re claim 47: the container for transporting liquid is configured to gravity flow filter water (see FIGS. 10-19 of Nelson).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to replace the filter element of Sturgess in view of Wang with a gravity flow filter as taught by Nelson in order to allow for easier filtration of the water while in use which can be beneficial for older users (see FIGS. 10-19 of Nelson).
Allowable Subject Matter
Claims 25, 27-28, 40 and 42 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See the attached PTO-892 for prior art that teaches and suggest structural limitations of the claimed and disclosed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERNESTO A GRANO whose telephone number is (571)270-3927. The examiner can normally be reached M-F 7:00-3:30 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Stashick can be reached at (571)272-4561. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERNESTO A GRANO/ Primary Examiner, Art Unit 3735
Prosecution Insights