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 .
Information Disclosure Statement
The information disclosure statement filed 12/9/22 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered.
Claim Objections
Claims 6-12 are objected to under 37 CFR 1.75(c) as being in improper form because a multiple dependent claim cannot depend from another multiple dependent claim. See MPEP § 608.01(n). Accordingly, the claims have not been further treated on the merits.
Claim Rejections - 35 USC § 102
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 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.
Claims 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Carroll (US D687,080).
Carroll discloses: a tray for receiving a bottle (see Fig. 1—dotted-line bottle in tray) (bottle capable of being any sort of bottle including a bottle of ear drops), the tray comprises a spout (Fig. 1, smaller end) capable of being inserted into an ear canal and through which the ear drops can pass from the bottle into the ear canal.
The tray (Fig. 2) comprises a base with an opening capable of facilitating gripping of the bottle by a user (Fig. 1)
The opening comprises a cut-out in the base of the tray through which a user is capable of pressing a bottle received in the tray (Figs. 1,2)
The tray has a handle (any part of Fig. 1, 2 is grippable and thus can be considered a handle)
The spout is at one end of the tray and the handle is at the other end of the tray (smaller and larger ends of Figs. 1,2, respectively)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEANNA K HALL whose telephone number is (571)272-2819. The examiner can normally be reached M-F 9:00am-5:30pm est.
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/DEANNA K HALL/Primary Examiner, Art Unit 3783