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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 submission filed on 03/20/2026 has been entered.
Response to Amendment
The amendment filed on 03/03/2026 (hereinafter “amendment”) has been accepted and entered. Claims 1-19 are pending.
Claim Rejections - 35 USC § 112(b)
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 1-19 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 1 recites “a single dispensing orifice extended by a single protuberance comprising a single protruding segment which protrudes from said plane (A), said single protruding segment being eccentric with respect to a center of the head”, this is unclear. If the protuberance has a further protruding segment that means there are two different protruding portions and thusly are not a single protuberance as the protruding segment is protruding from the protuberance. Does the protruding segment begin at the plane A so as to protrude from said plane? Does the single protruding segment protrude through the plane A? Does the protruding segment extend up to the plane A? Does this mean the protuberance extends to the plane A and then the protruding segment beings and extends downwards from plane A? Is the single protruding segment arranged at an angle so as to be eccentric with respect to the center of the head or does the applicant mean the dispensing orifice is eccentric from the center of the head? It is unclear what structure is required to meet the limitations as claimed and if the claim is directed to the embodiment shown in the figures or if this is new matter.
Claim 3 recites “at least one portion of the protuberance extending the dispensing orifice ha a shape of a half cylinder”, this is unclear. Does the applicant mean the protruding segment is the shape of half cylinder? Is this an additional portion of the protuberance? Where does the protuberance end at the protruding segment begin? Is this the disclosed embodiment?
Claims 11 recites “the protruding segment has a height h2 of between 1.5 and 6mm”, this is unclear. How is the height h2 measured, is it from the bottom of the top wall to include the protuberance and the extending segment? Is if from plane A and downward? The figure 4 shows h2 as portion of the protrusion that extends below plane A but that is only a partial height of a protruding segment.
Claim 12 recites “wherein a thickness of material at a level of the upper wall and of the annular lateral wall is between 0.3 and 2 mm”, this is unclear. Is this the measurement taken where the lateral wall and upper wall meet? Is this the thickness/height of the upper wall so as to be taken at a level of the upper wall and lateral wall?? Does this mean both the lateral wall and upper wall are in this range of thickness? It is unclear where the measurement is being to be considered at a level of the upper wall and lateral wall.
Claim 18 recites “the height h2 of the protruding segment”, this is unclear. As stated previously is it unclear what frame of reference is used to measure the height h2.
Claim 19 recites “wherein the thickness is between 0.5 and 1mm”, this is unclear. The thickness of what?
Claims not specifically addressed are included due to their dependencies.
The examiner is unclear what is required to meet the limitations of claim 1 and if it is directed to the disclosed embodiment.
The 35 U.S.C. 112(b) rejections of claim(s) 10 and 17 from the action dated 12/03/2025 are withdrawn as a result of the amendment.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-19 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lauren Kmet whose telephone number is (313)446-4834. The examiner can normally be reached M-F 9am-6pm.
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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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/L KMET/ Examiner, Art Unit 3735
/Anthony D Stashick/ Supervisory Patent Examiner, Art Unit 3735
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