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 1-3 and 6-8 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.
Claims 1 and 6 recite “wherein the concave top plate totally seals the opening”. It is unclear if the top plate is the only feature that forms the seal or if totally refers to the amount of sealing that takes place. Furthermore, it is unclear what amount “totally” encompasses. The original disclosure does not describe a total seal and therefore the scope of the claims is unclear.
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 and 6-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Feeley et al. (US-20150359365-A1) in view of Vigoureux (US-10220984-B1).
Regarding claim 1, Feeley discloses a freshness-retaining sealed jar, comprising a glass jar (12, par. 0034) with an opening (Fig. 7) at a top (19) thereof, a silicone lid (16, par. 0040) detachably arranged at a top of the glass jar; a bottom silicone cover (23, par. 0047) detachably arranged at a bottom of the glass jar; a silicone rubber band (Fig. 11, projection at 11) is arranged at a periphery of the silicone lid and is configured to bind the silicone lid to a top opening of the glass jar (par. 0034); the silicone lid includes a concave top plate (at 10) and a curtain-like enclosure (11) that are integrally formed; the curtain-like enclosure is arranged at a bottom edge of the concave top plate and is wrapped around an outer side of the glass jar (Fig. 13), wherein the concave top plate totally seals the opening of the glass jar, thereby forming the freshness-retaining sealed jar (par. 0034, the seal is airtight so it totally seals), wherein the bottom silicone cover (see U.S. Pat. No. 8,978,906 B2 incorporated into Feeley by reference) comprises a bottom plate and a ferrule (U.S. Pat. No. 8,978,906, at 309) that are integrally formed; the ferrule is arranged at a top edge of the bottom plate and abuts against an outer side wall of the glass jar (U.S. Pat. No. 8,978,906, Fig. 3A), wherein a through hole (U.S. Pat. No. 8,978,906, 307) is provided in a center of a bottom of the bottom plate (U.S. Pat. No. 8,978,906, Fig. 3A); and a plurality of antislip protrusions (U.S. Pat. No. 8,978,906 303A) located on an outer side of the through hole are arranged in a circumference of the bottom of the bottom plate.
Feeley fails to teach wherein a side top wall of the glass jar is arranged between an inner side wall of the concave top plate and an inner side wall of the curtain-like enclosure.
Vigoureux teaches that it is known in the art to manufacture a lid wherein a side top wall (222) of a jar (220) is arranged between an inner side wall of a concave top plate and an inner side wall of a curtain-like enclosure (Fig. 10).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to have manufactured the assembly with the concave shape taught by Vigoureux, so that material could be collected in the top and since such a modification would be a simple substitution of known chapes on lids.
Regarding claim 2, the modified assembly of Feeley teaches wherein limiting protrusions (Feeley, 7) located on two sides of the silicone rubber band are arranged on an upper wall of an outer side of the curtain-like enclosure (Fig. 13).
Regarding claim 3, the modified assembly of Feeley teaches wherein the curtain-like enclosure is in a shape of a horn cover (Feeley, Fig. 13), but fails to teach wherein and the glass jar is in a shape with a large top opening and a small bottom.
Vigoureux teaches that containers can be made with large top openings and small bottoms (Fig. 4).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to have manufactured the jar with the claimed shape, so that jars could be nested and since such a modification would have been a change in shape of an existing component. A change in shape is generally recognized as being within the level of ordinary skill in the art.
Regarding claim 6, Feeley discloses a freshness-retaining sealed jar for pickling vegetables (intended use), comprising a glass jar (12, par. 0034) with an opening (Fig. 7) at a top (19) thereof, a silicone lid (16, par. 0040) detachably arranged at a top of the glass jar; a bottom silicone cover (23, par. 0047) detachably arranged at a bottom of the glass jar; a silicone rubber band (Fig. 11, projection at 11) is arranged at a periphery of the silicone lid and is configured to bind the silicone lid to a top opening of the glass jar (par. 0034); the silicone lid includes a concave top plate (at 10) and a curtain-like enclosure (11) that are integrally formed; the curtain-like enclosure is arranged at a bottom edge of the concave top plate and is wrapped around an outer side of the glass jar (Fig. 13), wherein the concave top plate totally seals the opening of the glass jar (par. 0034), wherein the concave top plate is deformable by propping up by gas generated in the glass jar during pickling (based on the material of the top plate), wherein the bottom silicone cover (see U.S. Pat. No. 8,978,906 B2 incorporated into Feeley by reference) comprises a bottom plate and a ferrule (U.S. Pat. No. 8,978,906, at 309) that are integrally formed; the ferrule is arranged at a top edge of the bottom plate and abuts against an outer side wall of the glass jar (U.S. Pat. No. 8,978,906, Fig. 3A), wherein a through hole (U.S. Pat. No. 8,978,906, 307) is provided in a center of a bottom of the bottom plate (U.S. Pat. No. 8,978,906, Fig. 3A); and a plurality of antislip protrusions (U.S. Pat. No. 8,978,906 303A) located on an outer side of the through hole are arranged in a circumference of the bottom of the bottom plate.
Feeley fails to teach wherein a side top wall of the glass jar is arranged between an inner side wall of the concave top plate and an inner side wall of the curtain-like enclosure.
Vigoureux teaches that it is known in the art to manufacture a lid wherein a side top wall (222) of a jar (220) is arranged between an inner side wall of a concave top plate and an inner side wall of a curtain-like enclosure (Fig. 10).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to have manufactured the assembly with the concave shape taught by Vigoureux, so that material could be collected in the top and since such a modification would be a simple substitution of known chapes on lids.
Regarding claim 7, the modified assembly of Feeley teaches wherein limiting protrusions (Feeley, 7) located on two sides of the silicone rubber band are arranged on an upper wall of an outer side of the curtain-like enclosure (Fig. 13).
Regarding claim 8, the modified assembly of Feeley teaches wherein the curtain-like enclosure is in a shape of a horn cover (Feeley, Fig. 13), but fails to teach wherein and the glass jar is in a shape with a large top opening and a small bottom.
Vigoureux teaches that containers can be made with large top openings and small bottoms (Fig. 4).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to have manufactured the jar with the claimed shape, so that jars could be nested and since such a modification would have been a change in shape of an existing component. A change in shape is generally recognized as being within the level of ordinary skill in the art.
Response to Arguments
Applicant's arguments filed 11/25/2025 have been fully considered but they are not persuasive.
Regarding applicant’s argument that Feeley fails to teach lid totally sealing the glass jar, it is noted that Feeley explicitly teaches that the lid provides an air tight seal on the glass jar (par. 0034). One of ordinary skill in the art would understand this air tight seal to be a total seal. Applicant’s disclosure does not provide any special meaning for a total seal and therefore the prior art reads on the limitations as currently claimed.
Conclusion
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/JEFFREY R ALLEN/Primary Examiner, Art Unit 3733