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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 submissions filed on 3/24/2026 and 1/2/2026 have been entered.
Response to Amendment
The responses filed on 3/24/2026 and 1/2/2026 have been entered. Claims 1-6, 9, 15-55 are pending in the application. Claims 7-8, 10-14, and 56 are cancelled. Claims 51-55 remain withdrawn.
The amendments to the Specification and claims overcome each and every Specification objection, claim objection, and 112(b) rejection previously set forth in the Final Office Action mailed on 10/1/2025.
Note: the status identifiers of claims 51-55 state “Original”, however this appears to be an error. Claims 51-55 remain withdrawn as described by the previous restriction requirement, subsequent remarks, and nonfinal office action. Future responses should list these claims with a status of “withdrawn” rather than “original”. See MPEP 714(II)(C).
Information Disclosure Statement
The listing of references in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered. Note: Page 31 of the Specification includes a list of references which have not been considered by the Examiner.
Claim Objections
Claims 1 and 50 are objected to because of the following informalities:
-Claim 1, line 12: please correct “the flexible section” to “the at least one flexible section”
-Claim 50, line 2: please correct “is b) is” to “b)”
-Claim 50, line 3: please correct “c) is” to “c)”
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 9 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 9 recites “wherein the force is applied to the at least one flexible section of the container”, which is already introduced in lines 11-12 of claim 1. Thus, claim 9 does not further limit the subject matter of claim 1.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
Claims 1-6, 9, and 15-33, 35-46, and 50 are rejected under 35 U.S.C. 103 as being unpatentable over Genosar (US 2012/0074001 A1) in view of Jensen et al. (US 2012/0259275 A1) and further in view of Traboulsi et al. (US 2011/0042255 A1).
Regarding claim 1, Genosar discloses a method of preparing a homogeneous mixture from a solid dosage form (see Figs. 8a-9f and 11a-13, par. [0002] and [0070]; the container 810 mixes a first 1251 and second 929 substance to form a homogeneous product 1253), comprising the steps of:
a) obtaining the solid dosage form (second substance 929) comprising a drug product (see par. [0070], [0134], and [0152]-[0156]; second substance 929 is a dry powder pharmaceutical);
b) adding the solid dosage form (second substance 929) to a container (container 810) (see Figs. 8a-9f and 11a-13, par. [0126]; container 810 has a closure 811 to allow filling the container 810);
c) adding a liquid (first substance 1251) to the container (container 810) (see par. [0070], [0134], and [0152]-[0156]; first substance 1251 is a liquid to be mixed with the solid second substance 929); and
d) mixing the solid dosage form (second substance 929) with the liquid (first substance 1251) to disperse, disintegrate, suspend, and/or dissolve the solid dosage form (second substance 929) thereby creating the homogeneous mixture (see par. [0070], [0134], and [0152]-[0156]; first 1251 and second 929 substances are mixed to form a homogeneous solution 1253);
wherein:
the container (container 810) comprises at least one flexible section (second compartment 814) (see par. [0129]),
the method is performed at a point of care of a human subject (see par. [0152]-[0156]),
the mixing comprises applying a force to the container (container 810), said force being mechanical pressure to the flexible section (second compartment 814) of the container (container 810) (see Figs. 11f and 12c, par.[0129], [0131]-[0132], [0141]-[0142], [0144], [0148], and [0150], pressure is applied to second compartment 814 until it ruptures seal 924).
However, Genosar is silent as to who or what applies the force to the container. Specifically, Genosar fails to expressly state that the force is applied by the human subject. Genosar further fails to expressly state that the container comprises graduations.
Jensen teaches a method of preparing a mixture (see Figs. 3-4C, par. [0169]) wherein the force is applied by the human subject (see par. [0169], the patient compresses the container to mix the solution).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Genosar to include that the force is applied by the human subject, as taught by Jensen, because the force must be applied to the container by someone or something (see Genosar par. [0144], [0148], and [0150]) and Jensen teaches that the human subject is one of several people capable of providing the force to the container to mix the solution prior to delivery (see Jensen par. [0169]-[0170]).
However, modified Genosar still fails to expressly state that the container comprises graduations.
Traboulsi teaches a method of preparing a homogeneous mixture from a solid dosage form (see Fig. 1, par. [0034]-[0035] and [0042]), wherein the container (device 10) comprises graduations (graduations 32) (see Fig. 1, par. [0034]-[0035]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of modified Genosar to include wherein the container comprises graduations, as taught by Traboulsi, in order to indicate the volume remaining within the container for dosing (see Traboulsi par. [0034]-[0035]).
Regarding claim 2, modified Genosar teaches the method of claim 1 substantially as claimed. Genosar further teaches wherein the homogeneous mixture is a homogeneous suspension (see par. [0134], [0147] and [0167]; the mixture can also be a suspension).
Regarding claim 3, modified Genosar teaches the method of claim 1 substantially as claimed. Genosar further teaches wherein the solid dosage form (second substance 929) is dispersed in step d (see par. [0070], [0134], and [0152]-[0156]; first 1251 and second 929 substances are mixed to form a homogeneous solution 1253).
Regarding claim 4, modified Genosar teaches the method of claim 1 substantially as claimed. Genosar further teaches wherein the liquid (first substance 1251) is water (see par. [0152]-[0153] and [0156]).
Regarding claim 5, modified Genosar teaches the method of claim 1 substantially as claimed. Genosar further teaches wherein the drug product is an immediate release (IR) tablet, an orally dissolving tablet (ODT), or a dispersible tablet (DT) (see par. [0070]-[0071] and [0134]; the drug product can be a dry pellet).
Regarding claim 6, modified Genosar teaches the method of claim 1 substantially as claimed. Genosar further teaches wherein the solid dosage form (second substance 929) comprises a disintegrant (see par. [0070], [0134], and [0152]-[0156]; second substance 929 disintegrates when it is mixed with the first substance 1251).
Regarding claim 9, modified Genosar teaches the method of claim 1 substantially as claimed. Genosar further teaches wherein the force is applied to the at least one flexible section (second compartment 814) of the container (container 810) (see par. [0129], [0131]-[0132], [0141]-[0142], [0144], [0148], and [0150]; pressure is applied to second compartment 814 until it ruptures seal 924).
Regarding claim 15, modified Genosar, in the embodiment of Figs. 8a-9f and 11a-13 of Genosar, teaches the method of claim 1 substantially as claimed. However, modified Genosar, in the embodiment of Figs. 8a-9f and 11a-13 of Genosar, fails to state wherein the container comprises a first chamber, a second chamber, and a mixing chamber, wherein the first chamber and the second chamber have equal volumes and the first chamber is in connection with the mixing chamber and the second chamber is in connection with the mixing chamber.
Genosar teaches another embodiment of a method (see Fig. 25) wherein the container (container 2580) comprises a first chamber (first compartment 2581), a second chamber (second compartment 2582), and a mixing chamber (third compartment 2583), wherein the first chamber (first compartment 2581) and the second chamber (second compartment 2582) have equal volumes (see Fig. 25, first compartment 2581 and second compartment 2582 are substantially the same size) and the first chamber (first compartment 2581) is in connection with the mixing chamber (third compartment 2583) and the second chamber (second compartment 2582) is in connection with the mixing chamber (third compartment 2583) (see Fig. 25, par. [0170]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of the embodiment of Figs. 8a-9f and 11a-13 of modified Genosar to include a first chamber, a second chamber, and a mixing chamber, wherein the first chamber and the second chamber have equal volumes and the first chamber is in connection with the mixing chamber and the second chamber is in connection with the mixing chamber, as taught by the embodiment of Fig. 25 of Genosar, in order to allow for an additional substance to be held and mixed within the container (see Genosar par. [0170]).
Regarding claim 16, modified Genosar teaches the method of claim 15 substantially as claimed. Modified Genosar further teaches distributing the homogeneous mixture such that equal volumes of the homogeneous mixture are present in the first chamber (first compartment 2581) and the second chamber (second compartment 2582) (see previous modifications in the rejection of claim 15 above, see Genosar Fig. 25; first compartment 2581 and second compartment 2582 are substantially the same size such that they incorporate substantially the same volume).
Regarding claim 17, modified Genosar teaches the method of claim 15 substantially as claimed. Modified Genosar further teaches administering the homogeneous mixture from the first chamber (first compartment 2581) to the human subject or transferring the homogeneous mixture from the first chamber (first compartment 2581) (see previous modifications in the rejection of claim 15 above, see Genosar Fig. 25, par. [0152]-[0156] and [0170]).
Regarding claim 18, modified Genosar teaches the method of claim 1 substantially as claimed. Modified Genosar further teaches wherein the solid dosage form (second substance 929) is a solid oral dosage form (see par. [0071] and [0158]).
Regarding claim 19, modified Genosar teaches the method of claim 1 substantially as claimed. Modified Genosar further teaches wherein the at least one flexible section (second compartment 814) comprises a flexible film (see par. [0129]).
Regarding claim 20, modified Genosar teaches the method of claim 1 substantially as claimed. Modified Genosar further teaches wherein the container (container 810) comprises an opening (opening at frangible seal 924) on a top end (upper end of container 810) (see Figs. 8a-9f and 11a-13).
Regarding claim 21, modified Genosar teaches the method of claim 20 substantially as claimed. Modified Genosar further teaches wherein the opening (opening at frangible seal 924) is defined by opposite side edges capable of being reversibly coupled together (see Figs. 8a-9f and 11a-13, par. [0129]; second compartment 814 can be formed from two pieces of film sealed together at frangible seal 924).
Regarding claim 22, modified Genosar teaches the method of claim 21 substantially as claimed. Modified Genosar further teaches wherein the opposite side edges meet at two corners and the opposite side edges are a firm flexible film such that applying pressure simultaneously to both of the opposite side edges results in an opening (opening at frangible seal 924) while the pressure is applied being larger than the opening (opening at frangible seal 924) when the pressure is not applied (see Figs. 8a-9f and 11a-13, par. [0129] and [0131]-[0132]; second compartment 814 can be formed from two pieces of film sealed together at frangible seal 924 and applying pressure to the sides of second compartment 814 opens the frangible seal 924).
Regarding claim 23, modified Genosar teaches the method of claim 1 substantially as claimed. Modified Genosar further teaches wherein the container (container 810) is free of rigid sections (see par. [0129] and [0144], the container 810 is not fully rigid such that it allows a pressing force to be applied to second compartment 814).
Regarding claim 24, modified Genosar teaches the method of claim 1 substantially as claimed. Modified Genosar further teaches wherein at least one exterior surface of the container (container 810) comprises a flat surface (see Figs. 8a-9f and 11a-13, several external surfaces of container 810 are shown to be flat).
Regarding claim 25, modified Genosar teaches the method of claim 1 substantially as claimed. Modified Genosar further teaches wherein the container (container 810) comprises an exterior bottom end which comprises a means for standing upright (see Figs. 8a-b and 12a-d, container 810 has a flat exterior bottom end which is shown standing upright).
Regarding claim 26, modified Genosar teaches the method of claim 1 substantially as claimed. Modified Genosar further teaches wherein the container (container 810) comprises an internal bottom end comprising a tapered bottom or a conical bottom (see Figs. 12a-d, the interior bottom end of container 810 is shown to be tapered/conical, note: only one of tapered, hemispherical, or conical is required by the claim since this limitation is written in the alternative).
Regarding claim 27, modified Genosar teaches the method of claim 1 substantially as claimed. Modified Genosar further teaches wherein the container (container 810) comprises a handle (see Figs. 8a-b, 11a-12d, par. [0144] and [0148], the neck section 815 can be considered a handle as it is gripped by the user to apply the deformation to the container 810).
Regarding claim 28, modified Genosar teaches the method of claim 1 substantially as claimed. Modified Genosar further teaches wherein the container (container 810) comprises at least two parts, wherein the at least two parts comprise a first part (substance insert 812) having a first opening (opening at fitment 922 and opening 1142) and a second opening (opening at frangible seal 924), and a second part (portion of container 810 below substance insert 812) having a third opening (opening at top of compartment for first substance 1251) (see Figs. 8a-9f and 11a-13), wherein the second opening (opening at frangible seal 924) is capable of attaching to and forming a seal (frangible seal 924) with the third opening (opening at top of compartment for first substance 1251) to form the container (container 810) (see Figs. 8a-9f and 11a-13, par. [0129] and [0131]-[0132]).
Regarding claim 29, modified Genosar teaches the method of claim 1 substantially as claimed. Modified Genosar further teaches wherein the container comprises an inner side (interior of container 810) and an outer side (exterior of container 810), wherein the outer side (exterior of container 810) comprises bumps, a coarse texture, protrusions, rings, spirals, dots, raised surfaces and/or ridges (see Figs. 8a-9f and 11a-13; the gripping protrusions shown at arrows 1146 can be considered bumps/coarse texture/protrusions/dots/raised surfaces/ridges; fitment 922 has several surfaces which are ring-shaped; and par. [0130] further describes that fitment 922 can include threads which are considered spirals).
Regarding claim 30, modified Genosar teaches the method of claim 1 substantially as claimed. Modified Genosar further teaches wherein the container (container 810) is non-translucent (see par. [0151]; the container 810 can be clear/transparent, which is not translucent).
Regarding claim 31, modified Genosar teaches the method of claim 1 substantially as claimed. Modified Genosar further teaches wherein the container (container 810) comprises a means for reversibly enclosing and sealing the container (container 810) (see par. [0130], container 810 can include various reversible caps/connectors at fitment 922).
Regarding claim 32, modified Genosar teaches the method of claim 1 substantially as claimed. Modified Genosar further teaches wherein the container (container 810) comprises an opening (opening at fitment 922 and opening 1142) and a cap capable of reversibly closing the opening (opening at fitment 922 and opening 1142) (see par. [0130], container 810 can include various reversible caps/connectors at fitment 922).
Regarding claim 33, modified Genosar teaches the method of claim 32 substantially as claimed. Modified Genosar further teaches wherein the cap is a threaded cap and the opening (opening at fitment 922 and opening 1142) is a threaded opening such that the cap and the opening (opening at fitment 922 and opening 1142) form a seal when the container (container 810) is closed (see par. [0130], container 810 can include a threaded cap to connect to fitment 922).
Regarding claim 35, modified Genosar teaches the method of claim 32 substantially as claimed. Modified Genosar further teaches wherein the cap is a syringe adapter (see par. [0130], luer connectors are syringe adapters).
Regarding claim 36, modified Genosar teaches the method of claim 20 substantially as claimed. Modified Genosar further teaches wherein the method further comprises attaching a syringe adapter to the opening (opening at frangible seal 924) (see par. [0130]; container 810 can attach to a luer connector at fitment 922 which is fluidly connected to frangible seal 924; luer connectors are syringe adapters).
Regarding claim 37, modified Genosar teaches the method of claim 36 substantially as claimed. Modified Genosar further teaches wherein the method further comprises attaching a syringe to the syringe adapter and extracting an amount of the homogeneous mixture from the container (container 810) (see par. [0130] and [0153]; container 810 can attach to a luer connector at fitment 922 which is fluidly connected to frangible seal 924; luer connectors are syringe adapters).
Regarding claim 38, modified Genosar teaches the method of claim 1 substantially as claimed. Modified Genosar further teaches wherein the container (container 810) comprises a thin pliable polymer (see par. [0129]).
Regarding claim 39, modified Genosar teaches the method of claim 38 substantially as claimed. Modified Genosar further teaches inserting a rigid support tube into the container (container 810) (see par. [0130]; a spout can be considered a rigid support tube).
Regarding claim 40, modified Genosar teaches the method of claim 39 substantially as claimed. Modified Genosar further teaches inserting the solid dosage form (second substance 929) and the liquid (first substance 1251) into the rigid support tube and subsequently removing the rigid support tube from the container (container 810) prior to mixing the solid dosage form (second substance 929) (see par. [0130]).
Regarding claim 41, modified Genosar teaches the method of claim 32 substantially as claimed. Modified Genosar further teaches wherein the container (container 810) is capable of being enclosed and sealed (see par. [0129]-[0130]).
Regarding claim 42, modified Genosar teaches the method of claim 32 substantially as claimed. Modified Genosar further teaches wherein the container (container 810) and the cap each independently consist of one or more inert materials which do not react with the drug product (see par. [0124], [0126], and [0129]-[0130]).
Regarding claim 43, modified Genosar teaches the method of claim 1 substantially as claimed. Modified Genosar further teaches separating an aliquot of the homogeneous mixture (see par. [0152]-[0156]).
Regarding claim 44, modified Genosar teaches the method of claim 1 substantially as claimed. Modified Genosar further teaches administering the homogeneous mixture or an aliquot of the homogeneous mixture to the human subject, thereby treating the human subject (see par. [0152]-[0156]).
Regarding claim 45, modified Genosar teaches the method of claim 44 substantially as claimed. Modified Genosar further teaches wherein the human subject is a pediatric subject (see par. [0156]).
Regarding claim 46, modified Genosar teaches the method of claim 44 substantially as claimed. Modified Genosar further teaches wherein the human subject is afflicted with a microbial infection (see par. [0152], antibiotics and interferon are given to those with microbial (bacterial and viral) infections).
Regarding claim 50, modified Genosar teaches the method of claim 1 substantially as claimed. Modified Genosar further teaches wherein the human subject is (a) participating in a clinical trial, (b) a pediatric subject, or (c) a geriatric subject (see par. [0152]-[0156]).
Claim 34 is rejected under 35 U.S.C. 103 as being unpatentable over Genosar (US 2012/0074001 A1) in view of Jensen et al. (US 2012/0259275 A1) and further in view of Traboulsi et al. (US 2011/0042255 A1), as applied to claim 32 above, and further in view of Halliday et al. (US 2013/0064479 A1).
Regarding claim 34, modified Genosar teaches the method of claim 32 substantially as claimed. However, modified Genosar fails to state wherein the cap comprises a spoon.
Halliday teaches a method (see Figs. 2 and 8) wherein the container (bag 200) comprises an opening (mouth 202) and a cap (cap 806) capable of reversibly closing the opening (mouth 202) (see Figs. 2 and 8, par. [0049] and [0061]), wherein the cap (cap 806) comprises a spoon (spoon-shaped spout 802) (see Fig. 8, par. [0061]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of modified Genosar to include wherein the cap comprises a spoon, as taught by Halliday, in order to directly pour the mixture from the container to the patient (see Halliday par. [0061]).
Claim 47 is rejected under 35 U.S.C. 103 as being unpatentable over Genosar (US 2012/0074001 A1) in view of Jensen et al. (US 2012/0259275 A1) and further in view of Traboulsi et al. (US 2011/0042255 A1), as applied to claim 46 above, and further in view of He et al. (US 2010/0166786 A1).
Regarding claim 47, modified Genosar teaches the method of claim 46 substantially as claimed. However, modified Genosar fails to expressly state wherein the microbial infection is caused by Mycobacterium tuberculosis.
He teaches a method comprising administering a mixture to a subject in need thereof, thereby treating the subject, wherein the subject is afflicted with a microbial infection, wherein the microbial infection is caused by Mycobacterium tuberculosis (see par. [0002] and [0025]-[0026]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of modified Genosar to utilize a homogeneous mixture which can be delivered to a subject afflicted with a microbial infection caused by Mycobacterium tuberculosis, as taught by He, in order to treat tuberculosis infections (see He par. [0002] and [0025]).
Claims 48-49 are rejected under 35 U.S.C. 103 as being unpatentable over Genosar (US 2012/0074001 A1) in view of Jensen et al. (US 2012/0259275 A1) and further in view of Traboulsi et al. (US 2011/0042255 A1), as applied to claim 1 above, in view of Takae et al. (US 2018/0036288 A1).
Regarding claim 48, modified Genosar teaches the method of claim 1 substantially as claimed. However, modified Genosar fails to state adding a powder blend to the container, wherein the powder blend comprises a thickener.
Takae teaches a method comprising adding a powder blend to the container (see par. [0009]-[0010]), wherein the powder blend comprises a thickener (see par. [0007]-[0008], [0027]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of modified Genosar to include adding a powder blend to the container, wherein the powder blend comprises a thickener, as taught by Takae, in order to allow the mixture to be delivered as a suspension with a predictable viscosity (see Takae par. [0006]-[0008]).
Regarding claim 49, modified Genosar teaches the method of claim 48 substantially as claimed. Modified Genosar further teaches wherein the powder blend is added to the container (Genosar, container 810) after the homogeneous mixture is formed (see previous modifications in rejection of claim 48 above, see Takae par. [0006]-[0010] and [0027], the thickener is added to the mixed drug solution).
Response to Arguments
Applicant's arguments filed 1/2/2026 have been fully considered but they are not persuasive.
The amendments to claim 1 appear to only incorporate limitations from the versions of dependent claims 8-9 and 14 previously filed on 9/3/2025. Applicant states in the Remarks that "The amendments to the claims render the rejections moot. No combination of any of the cited documents would lead a skilled artisan to the instantly claimed invention" (see second page of Remarks of 1/2/2026). However, this argument is not found to be persuasive and it is unclear exactly which limitations Applicant believes are not substantially taught by the previously cited combination of references. As described in the instant office action’s rejection of claim 1 above and in the rejections of claims 1, 8-9, and 14 in the Final Rejection of 10/1/2025, Genosar in view of Jensen teaches each of the claimed method steps a-d, and Genosar particularly teaches a container 810 with a flexible section 814 and a mechanical pressure applied to the flexible section 814 of the container 810 to mix the solution [0131]. Traboulsi further teaches a mixing container 10 which comprises graduations 32 which indicate the volume within the container for dosing purposes [0034]-[0035]. Thus, the cited combination of references still appear to teach each of the limitations added in the amendments to claim 1 for the above reasons and the reasons described in the rejection of claim 1 above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AVERY SMALE whose telephone number is (571)270-7172. The examiner can normally be reached Mon.-Fri. 8-4 ET.
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/AVERY SMALE/Examiner, Art Unit 3783
/KAMI A BOSWORTH/Primary Examiner, Art Unit 3783
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