DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on May 26th, 2026 has been entered.
Claim Status
Claims 1-3, 6-16, 19, 20, 23 and 24 are pending. Claims 9-15 are withdrawn as being directed to a non-elected invention. Claims 1-3, 6-8, 16, 19, 20, 23 and 24 are up for examination.
Response to Arguments
Applicant's arguments filed May 26th, 2026 have been fully considered but they are not persuasive.
Applicant argues that:
The Examiner contends that: "The reference of Vellutato discloses that the spout has an opened position and a closed position. As best shown in Figure 3, in which Figure 1 will perform in the exact same manner, the spout (18/66) has an opened position when the cap (28/68), and element (30/80) is removed therefrom as best shown in Figure 3; and the spout has a closed position when the cap (28/68) and element (30/80) is inserted therein as best shown in Figures 1 & 2. As such, Vellutato the newly provided limitations." (Office Action, p. 2)
It is unclear what the Examiner is referring to by the numerals in the parenthesis. For instance, "spout (18/66)" does not appear to refer to the spout of Vellutato.
In addition, Vellutato shows a spray bottle. The claims were amended to refer to the spout releasing liquid from a container to mix with liquid in another container. Vellutato is just a standard spray bottle, and is not arranged to mix with liquid in another container. Leoncavallo does not have a small bottle that can be closed.
The Examiner would respectfully respond that:
In addressing the Applicant’s arguments in the previous Office Action filed on November 24th, 2025 (See page 2), the Examiner inadvertently referenced Vellutato as disclosing the spout having an opened position and closed position, when in fact, it is the reference of Leoncavallo (U.S. Patent No. 6,305,576) that discloses the limitations of the spout having an opened position and closed position. In the same Office Action filed on November 24th, 2025 (See page 4 to page 5), the Examiner clearly explains and details that the reference of Leoncavallo discloses a spout having an opened position and a closed position to reject claim 1.
For clarity, as shown below, Figure 3 of Leoncavallo, in which Figure 1 will perform in the exact same manner, the spout (18/66) has an opened position when the cap (28/68), and element (30/80) is removed therefrom as best shown in Figure 3; and the spout has a closed position when the cap (28/68) and element (30/80) is inserted therein as best shown in Figures 1 & 2. As such, Leoncavallo discloses these limitations.
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As shown above, the openable closure member is the cap (28/68) on spout (18/66). The first and second chemical compositions are maintained apart when the cap (i.e., openable closure member) is fixed on the spout (i.e., when the closure member is closed). The cap (i.e., closure member) must be removed to mix the first and second chemical compositions (i.e., when the closure member is opened). As such, Leoncavallo discloses a first container (10) with a first chemical composition in a first compartment and a second container (30) with a second chemical composition in a second compartment in said first container, wherein the first container has an openable closure member (16/28) comprising a spout (18) having an opened position and a closed position (Figure 3 in which Figure 1 would operate in the same fashion), whereby the first chemical composition is maintained apart from said second chemical composition when the openable closure member (16/28) is closed, but can be combined with the second chemical composition when the closure member (16/28) is opened (Figure 1; column 3, line 62 to column 4, line 64).
As such, the reference of Leoncavallo meets these limitations, and this response is not persuasive.
Applicant also argues that:
New claims 23-24 require the first container to be received in the second container. The combination of cited art fails to teach a first container that can be opened and closed, being contained in a second container to mix liquid contained therein.
The Examiner would respectfully respond that:
As noted below, the reference of Leoncavallo (U.S. Patent No. 6,305,576) discloses these limitations as well.
Therefore, this response is also not persuasive.
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 1-3, 6-8, 16, 19, 20, 23 and 24 are rejected under 35 U.S.C. 103(a) as being unpatentable over Vellutato (U.S. Patent No. 6,123,900) in view of Leoncavallo (U.S. Patent No. 6,305,576) and Carpenter (U.S. Patent No. 6,150,423).
Regarding claims 1-3, 6, 16 and 19, Vellutato discloses a method of sterilizing a chemical composition (column 6, lines 45-67; column 7, lines 1-6) comprising the steps of:
Providing a first container with a first chemical composition (column 1, lines 60-65);
Sealing the first container in a first sealing layer to form a first sealed container enclosure (column 1, lines 60-65);
Enclosing said first sealed container enclosure in a shipping container to form a closed shipping package (column 4, lines 46-64); and
Externally irradiating said closed shipping package at a predetermined radiation level for a predetermined time interval to simultaneously sterilize said first chemical composition, said first container, said first sealed container enclosure, and said closed shipping package (column 5, lines 1-32) as disclosed in column 6 lines 45-67 and column 7 lines 1-6.
Vellutato does not appear to disclose that the process comprises a second container with a second chemical composition, wherein the first container is positioned with respect to the second container so that the first chemical composition is maintained apart from said second chemical composition, but can be combined with the second chemical composition. However, it is generally known in the art of dispensing to utilize a first container that is positioned with respect to the second container so that the first chemical composition is maintained apart from said second chemical composition, but can be combined with the second chemical composition. Leoncavallo discloses such a dispenser in U.S. Patent No. 6,305,576. The reference teaches a dispenser providing a first container (10) with a first chemical composition in a first compartment and a second container (30) with a second chemical composition in a second compartment in said first container, wherein the first container has an openable closure member (16/28) comprising a spout (18) having an opened position and a closed position (Figure 3 in which Figure 1 would operate in the same fashion), whereby the first chemical composition is maintained apart from said second chemical composition when the openable closure member (16/28) is closed, but can be combined with the second chemical composition when the closure member (16/28) is opened (Figure 1; column 3, line 62 to column 4, line 64), wherein the second container is positioned inside as well as integral to the first container (concerning claims 2 and 3) in order to provide added convenience and environmental benefits as disclosed in column 1, lines 33-45. See Figure 1 and column 3, line 62 to column 4, line 64.
The integral container of Leoncavallo is used for containing toxic chemical compositions that are utilized for laboratory, scientific or medical uses (column 1, lines 15-28). Thus, it would have been obvious to one of ordinary skill in the art at the time of the invention to employ the container of Leoncavallo in the method of Vellutato, since the method of Vellutato achieves sterilization of medical and chemical compositions, wherein said compositions may be safely contained by the integral container of Leoncavallo. Indeed, one would have expected success when applying the method of Vellutato to containers such as that disclosed by Leoncavallo.
Vellutato in view of Leoncavallo does not appear to disclose that the first chemical composition comprises a diluent and the second composition comprises a disinfectant liquid comprising phenol. However, it is conventionally known in the art of sterilization to prepare a sterilizing solution by mixing a diluent with a disinfecting liquid comprising phenol. Carpenter discloses an example of this in U.S. Patent No. 6,150,423. The reference discloses the preparation of a sterilizing solution wherein the first chemical composition comprises a diluent and the second chemical composition comprises a disinfecting liquid comprising phenol (column 2, lines 40-50). Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to utilize a diluent as the first chemical composition and a disinfecting liquid comprising phenol as the second chemical composition in the method of Vellutato in view of Leoncavallo, as such are conventionally known and commonly used chemical compositions in the art of sterilization as exemplified by Carpenter. Furthermore, said solution is provided with a shelf life. In order to extend that shelf life, it would have been obvious to one of ordinary skill to separate the solution in the first and second containers of Vellutato in view of Leoncavallo so that the first container comprises the diluent and the second container comprises the disinfectant comprising phenol.
Regarding claims 7, 8 and 20, Vellutato continues to disclose that the irradiating step comprises subjecting the closed shipping package to gamma radiation in the range of about 20 to 50 kilograys in a plurality of directions (column 5, lines 13-34).
Concerning claims 1, 16, 23 and 24, Vellutato discloses a method of sterilizing a chemical composition (column 6, lines 45-67; column 7, lines 1-6) comprising the steps of:
Providing a first container with a first chemical composition (column 1, lines 60-65);
Sealing the first container in a first sealing layer to form a first sealed container enclosure (column 1, lines 60-65);
Enclosing said first sealed container enclosure in a shipping container to form a closed shipping package (column 4, lines 46-64); and
Externally irradiating said closed shipping package at a predetermined radiation level for a predetermined time interval to simultaneously sterilize said first chemical composition, said first container, said first sealed container enclosure, and said closed shipping package (column 5, lines 1-32) as disclosed in column 6 lines 45-67 and column 7 lines 1-6.
Vellutato does not appear to disclose that the process comprises a second container with a second chemical composition, wherein the first container is positioned with respect to the second container so that the first chemical composition is maintained apart from said second chemical composition, but can be combined with the second chemical composition. However, it is generally known in the art of dispensing to utilize a first container that is positioned with respect to the second container so that the first chemical composition is maintained apart from said second chemical composition, but can be combined with the second chemical composition. Leoncavallo discloses such a dispenser in U.S. Patent No. 6,305,576. The reference teaches a dispenser providing a first container (82) with a first chemical composition in a first compartment and a second container (62) with a second chemical composition in a second compartment, wherein the first container (82) has an openable closure member (i.e., threaded cap 86)) comprising a spout (at threads 98) having an opened position and a closed position (Figure 3), whereby the first chemical composition is maintained apart from said second chemical composition when the openable closure member (i.e., threaded cap 86) is closed, but can be combined with the second chemical composition when the closure member (i.e., threaded cap 86) is opened (Figure 3; column 5, lines 7-23), wherein the first container (82) is received in the second container (62) in order to provide added convenience and environmental benefits as disclosed in column 1, lines 33-45. See Figure 3 and column 5, lines 7-23. More specifically, an operator can unscrew cap (68) from second container (62), remove first container (82) from second container (62), remove openable closure member (86) from first container (82), and manually pour the first chemical composition from first container (82) into second container (62). As such, these limitations are met by Leoncavallo.
The integral container of Leoncavallo is used for containing toxic chemical compositions that are utilized for laboratory, scientific or medical uses (column 1, lines 15-28). Thus, it would have been obvious to one of ordinary skill in the art at the time of the invention to employ the container of Leoncavallo in the method of Vellutato, since the method of Vellutato achieves sterilization of medical and chemical compositions, wherein said compositions may be safely contained by the integral container of Leoncavallo. Indeed, one would have expected success when applying the method of Vellutato to containers such as that disclosed by Leoncavallo.
Vellutato in view of Leoncavallo does not appear to disclose that the first chemical composition comprises a diluent and the second composition comprises a disinfectant liquid comprising phenol. However, it is conventionally known in the art of sterilization to prepare a sterilizing solution by mixing a diluent with a disinfecting liquid comprising phenol. Carpenter discloses an example of this in U.S. Patent No. 6,150,423. The reference discloses the preparation of a sterilizing solution wherein the first chemical composition comprises a diluent and the second chemical composition comprises a disinfecting liquid comprising phenol (column 2, lines 40-50). Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to utilize a diluent as the first chemical composition and a disinfecting liquid comprising phenol as the second chemical composition in the method of Vellutato in view of Leoncavallo, as such are conventionally known and commonly used chemical compositions in the art of sterilization as exemplified by Carpenter. Furthermore, said solution is provided with a shelf life. In order to extend that shelf life, it would have been obvious to one of ordinary skill to separate the solution in the first and second containers of Vellutato in view of Leoncavallo so that the first container comprises the diluent and the second container comprises the disinfectant comprising phenol.
Therefore, claims 1, 16, 23 and 24 are rejected over Vellutato in view of Leoncavallo and Carpenter as well.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN C JOYNER whose telephone number is (571)272-2709. The examiner can normally be reached Monday-Friday 8:00AM-4:30PM.
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/KEVIN JOYNER/Primary Examiner, Art Unit 1799
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