RESPONSE TO AMENDMENT
This communication is responsive to the amendment filed 4-February-2026 with respect to application 18/390,253 filed 20-December-2023.
Applicant has amended claims 1, 12 and 14.
Claims 1-20 are currently pending.
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 §103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-11 are rejected under 35 USC §103 as unpatentable over Flores (United States Patent # US 3,567,085) in view of Davidson et al. (United States Patent Application Publication # US 2005/0022554 A1), hereinafter Davidson, Schumaier (United States Design Patent # US D698,653 S) and Van Megchelen (United States Patent Application Publication # US 2012/0055984 A1).
Consider claim 1: A system for identifying a perishable product, Flores discloses a neck-supported pill container (perishable product) comprising a desiccant [Title; Abstract; Fig. 1-2; Col. 1, 3-31], the system comprising:
a container for storing the perishable product, comprising an elongate cylindrical case (10) into which pills (a perishable product) may be placed [Fig. 1-3; Col. 1, 56-66], and
a collectable desiccant canister for inserting into the container having a fastening mechanism thereon, a lower portion (28) with a self-contained cuplike well (30) into which a desiccant is placed, and comprising a reduced screw threaded neck (32) for fastening to a lower end of the container [Fig. 1-3; Col. 1, 24-27; Col. 2, 1-14],
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a wearable jewelry item having at least one jewelry finding with the at least one jewelry finding connecting the collectable desiccant canister fastening mechanism thereto, a neck encircling element (6, 8) (finding) attached through a hole (20) in an upper container cap (18) of the container, thereby allowing the container (connected to the desiccant portion) to be worn around a user’s neck [Fig. 1-3; Col. 1, 21-31, 51-55, 66-71], and
a network device having a screen thereon,
wherein the collectable desiccant canister has a predetermined outer configuration and a fastening mechanism extending therefrom with the predetermined outer configuration being an organic shape, selected from the group consisting of a plant, a man-made object, and a representation of a naturally-formed object, the desiccant canister comprising a cylindrical shape (10, 28, 30) with the protruding screw-threaded neck (32) fastening mechanism) [Fig. 1-4; Col. 1, 56-63; Col. 2, 8-30] and
wherein the container has an indicator thereon with the indicator has a relationship with the collectable desiccant canister predetermined outer configuration and the network device screen can display information relating to the indicator.
Flores does not disclose: (a) an organic shape, (b) an indicator on the container, or (c) a network device with screen to display information corresponding to the indicator. These features are well known in the prior art, however, and for example:
Davidson discloses a bracelet with interchangeable adornments for storing medications, hygiene products, or food, and where the shape of the housing may be in the form of a geometric shaped container (320). flower-like shape (330) or a person-like, or animal-like object [Title; Abstract; Fig. 1-3; Para. 0001, 0006, 0007, 0026, 0030; claims 5-9].
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Schumaier discloses a desiccant container comprising a label (indicator) on the container exterior service; the label comprising instructional information and specifically a URL internet address [Title; Description; Fig. 3].
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Van Megchelen, discloses a product sample with a product sample code [Title; Abstract; Fig. 5; Para. 0007], and particularly that a URL (89) placed on a container label (88), directs a user (95) to a website, whereupon the user may receive and read additional information on a browser screen of his terminal device (93) [Fig. 5, 7, 15; Para. 0173, 0177, 0183].
Therefore it would have been obvious to one of ordinary skill in the art at the time of effective filing for the invention to: (a) form the container housing in the shape of a flower-like object (broadly a plant) or alternatively an animal-like or person-like object (broadly a naturally-formed object), as taught by Davidson; (b) place a label on the outside of a container, containing at least a URL for a website related to the container and its contents as taught by Schumaier; and (c) that the user may enter the URL to a user internet (network) attached terminal or mobile device (manually or by scanning) to obtain additional product information on a browser screen of the terminal, as taught by Van Megchelen; applied to a neck-supported pill container as taught by Flores, in order that: (a) the necklace and container arrangement is unique and/or aesthetically pleasing, particularly to children; (b/c) the user may obtain detailed and extensive information about the product without requiring the user to maintain a physical information document, and particularly useful for a small size container with limited space for printed information.
Consider claim 2 and as applied to claim 1: The system of claim 1, wherein the indicator matches the collectable desiccant canister predetermined outer configuration. It would have been obvious to one of ordinary skill in the art at the time of effective filing for the invention that a label applied to the exterior surface of the canister would conform to the exterior shape of the canister (match the canister outer configuration) [Schumaier: Fig. 3].
Consider claim 3 and as applied to claim 1: The system of claim 1, wherein the at least one jewelry finding receives at least a portion of the collectable desiccant canister fastening mechanism therein. Flores discloses an endless cord (lanyard) as a finding which passes through a hole (20) in the end cap (18) of the canister, wherein the endcap with hole therethrough may broadly be considered to be “received” (linked) by the lanyard [Flores: Fig. 1].
Consider claim 4 and as applied to claim 1: The system of claim 1, wherein the fastening mechanism 1s a tubular ring. Flores discloses an endless cord (lanyard) as a finding which passes through a hole (20) in the end cap (18) of the canister, wherein the endcap with hole therethrough may be broadly considered to be “tubular” [Flores: Fig. 1].
Consider claim 5 and as applied to claim 1: The system of claim 1, wherein the jewelry finding is selected from the group consisting of a strap, a ribbon, a band, a clasp, an earwire, a ring blank, a bail, metal loop, a jump ring, a hoop, a pin stem, a tuxedo stud finding, and stringing material. Flores discloses an endless cord (lanyard) as a finding which passes through a hole (20) in the end cap (18) of the canister, wherein the endless cord may be broadly considered to be a ribbon and/or stringing material [Flores: Fig. 1].
Consider claim 6 and as applied to claim 1: The system of claim 1, wherein the collecting device includes a wearable jewelry item selected from the group consisting of a necklace, a chain, a key ring, and a bracelet. Flores discloses an endless cord (lanyard) which hangs on the neck of the user, and therefore may be broadly considered a necklace [Flores: Fig. 1; Col. 1, 10-15].
Consider claim 7 and as applied to claim 1: The system of claim 1, wherein the indicator is selected from the group consisting of an indicia, text, a symbol, and an image thereon and the indicator matches the collectable desiccant canister predetermined outer configuration.
Schumaier discloses a label (or markings, directly printed) applied to a container surface, and therefore conforming to (matching) the surface, on which at least text and a company logo (image) is placed [Fig. 3];
Van Megchelen, further discloses a product sample code which may be in the form of a URL (89) placed on a container label (88), and which is unique to the particular container, and therefore broadly “matches” the container [Fig. 5, 7, 15; Para. 0173, 0177, 0183].
Consider claim 8 and as applied to claim 7: The system of claim 7, wherein the indicator is a first indicator and the collectable desiccant canister includes a second indicator selected from the group consisting of an indicia, text, a symbol, and an image thereon and the second indicator has a predetermined relationship with the first indicator. Schumaier depicts an exemplary canister label a manufacturer logo (image) and a URL address for (or maintained by) the manufacturer, and where it is understood and obvious that more information may be obtained [Schumaier: Fig. 3].
Consider claim 9 and as applied to claim 1: The system of claim 1, wherein the network device is selected from the group consisting of a computing system, a computing device, a PC, a server computer, smartphone, a mobile device, a notebook computer, and an ipad, for interfacing with a website, and the indicator provides access to the website. Van Megchelen discloses a user terminal (93) as a computer (computing device) or mobile device [Fig. 15; Para. 0183].
Consider claim 10 and as applied to claim 1: The system of claim 1, wherein the indicator has a predetermined relationship with at least one of advertising copy, a coupon, and a Q code. Van Megchelen discloses use of a barcode, 2D barcode, RFID tag, or QR code (Q code) [Fig. 1, 10; Para. 0078, 0165, 0167].
Consider claim 11 and as applied to claim 1: The system of claim 1, wherein the indicator includes a radio-frequency identification chip. Van Megchelen discloses use of a barcode, 2D barcode, RFID tag, (radio frequency identification chip) or QR code [Fig. 1, 10; Para. 0078, 0165, 0167].
Claims 12 and 14-20 are rejected under 35 USC §103 as unpatentable over Flores (United States Patent # US 3,567,085), Winkie (United States Patent Application Publication # US 2016/0302539 A1), Schumaier (United States Design Patent # US D698,653 S), and Van Megchelen (United States Patent Application Publication # US 2012/0055984 A1).
Consider claim 12: A system for identifying a perishable product, Flores discloses a neck-supported pill container (perishable product) comprising a desiccant [Title; Abstract; Fig. 1-2; Col. 1, 3-31], the system comprising:
a container for storing the perishable product, comprising an elongate cylindrical case (10) into which pills (a perishable product) may be placed [Fig. 1-3; Col. 1, 56-66], and
a collectable desiccant canister for inserting into the container having a fastening mechanism thereon, a lower portion (28) with a self-contained cuplike well (30) into which a desiccant is placed, and comprising a reduced screw threaded neck (32) for fastening to a lower end of the container [Fig. 1-3; Col. 1, 24-27; Col. 2, 1-14] (see figure presented previously for claim 1);
a wearable jewelry item having at least one jewelry finding with the at least one jewelry finding connecting the collectable desiccant canister fastening mechanism thereto, a neck encircling element (6, 8) (finding) attached through a hole (20) in an upper container cap (18) of the container, thereby allowing the container (connected to the desiccant portion) to be worn around a user’s neck [Fig. 1-3; Col. 1, 21-31, 51-55, 66-71], and
a network device having a screen thereon,
wherein the collectable desiccant canister has a predetermined outer configuration and a fastening mechanism extending therefrom with the predetermined outer configuration being selected from the group consisting of a charm shape, a number shape, a letter shape, a symbol shape, a cube, a cuboid, a pyramid, a prism, an astroid, a bowtie-shape, a cross-shape, a donut shape, a heart- shape, an hourglass, a dog bone, a mushroom-shape, a star-shape, a tomahawk shape, and a human shape, the desiccant canister comprising a cylindrical shape (10, 28, 30) with the protruding screw-threaded neck (32) fastening mechanism) [Fig. 1-4; Col. 1, 56-63; Col. 2, 8-30], and
wherein the container has an indicator thereon with the indicator has a relationship with the collectable desiccant canister predetermined outer configuration and the network device screen can display information relating to the indicator.
Flores does not disclose: (a) a particular shape of the group recited in the claim, (b) an indicator on the container, or (c) a network device with screen to display information corresponding to the indicator. These features are well known in the prior art, however, and for example:
Winkie discloses a mistletoe containing necklace for decorative purposes, and specifically that the container shape may be spherical, semi-spherical, teardrop, cubic, pyramidal, or the shape of a mouth and lips [Title; Abstract; Fig. 1; Para. 0003, 0007, 0019; claim 3].
Schumaier discloses a desiccant container comprising a label (indicator) on the container exterior service; the label comprising instructional information and specifically a URL internet address [Title; Description; Fig. 3] (see figure presented previously for claim 1).
Van Megchelen, discloses a product sample with a product sample code [Title; Abstract; Fig. 5; Para. 0007], and particularly that a URL (89) placed on a container label (88), directs a user (95) to a website, whereupon the user may receive and read additional information on a browser screen of his terminal device (93) [Fig. 5, 7, 15; Para. 0173, 0177, 0183].
Therefore it would have been obvious to one of ordinary skill in the art at the time of effective filing for the invention to: (a) form the container housing in a cubic or pyramidal shape, or in the shape of a mouth and lips (broadly a human shape), as taught by Winkie; (b) place a label on the outside of a container, containing at least a URL for a website related to the container and its contents as taught by Schumaier; and (c) that the user may enter the URL to a user internet (network) attached terminal or mobile device (manually or by scanning) to obtain additional product information on a browser screen of the terminal, as taught by Van Megchelen; applied to a neck-supported pill container as taught by Flores, in order that: (a) the necklace and container arrangement is unique and/or aesthetically pleasing, particularly to children; (b/c) the user may obtain detailed and extensive information about the product without requiring the user to maintain a physical information document, and particularly useful for a small size container with limited space for printed information.
Consider claim 14 and as applied to claim 12: The system of claim 12,
wherein the at least one jewelry finding receives at least a portion of the collectable desiccant canister fastening mechanism therein; Flores discloses an endless cord (lanyard) as a finding which passes through a hole (20) in the end cap (18) of the canister, wherein the endcap with hole therethrough may broadly be considered to be “received” (linked) by the lanyard [Flores: Fig. 1]; and
wherein the jewelry finding is selected from the group consisting of a strap, a ribbon, a band, a clasp, an earwire, a ring blank, a bail, metal loop, a jump ring, a hoop, a pin stem, a tuxedo stud finding, and stringing material; and wherein the endless cord may be broadly considered to be a ribbon and/or stringing material [Flores: Fig. 1].
Consider claim 15 and as applied to claim 12: The system of claim 12, wherein the fastening mechanism is a tubular ring. Flores discloses an endless cord (lanyard) as a finding which passes through a hole (20) in the end cap (18) of the canister, wherein the endcap with hole therethrough may be broadly considered to be “tubular” [Flores: Fig. 1].
Consider claim 16 and as applied to claim 12: The system of claim 12, wherein the collecting device includes a wearable jewelry item selected from the group consisting of a necklace, a chain, a key ring, and a bracelet. Flores discloses an endless cord (lanyard) which hangs on the neck of the user, and therefore may be broadly considered a necklace [Flores: Fig. 1; Col. 1, 10-15].
Consider claim 17 and as applied to claim 12: The system of claim 12,
wherein the indicator is selected from the group consisting of an indicia, text, a symbol, and an image thereon and the indicator matches the collectable desiccant canister predetermined outer configuration;
Schumaier discloses a label (or markings, directly printed) applied to a container surface, and therefore conforming to (matching) the surface, on which at least text and a company logo (image) is placed [Fig. 3];
Van Megchelen, further discloses a product sample code which may be in the form of a URL (89) placed on a container label (88), and which is unique to the particular container, and therefore broadly “matches” the container [Fig. 5, 7, 15; Para. 0173, 0177, 0183]; and
wherein the indicator is a first indicator and the collectable desiccant canister includes a second indicator selected from the group consisting of an indicia, text, a symbol, and an image thereon and the second indicator has a predetermined relationship with the first indicator. Schumaier’s exemplary canister label shows that in addition to a manufacturer logo (image), a label may depict a URL address for (or maintained by) the manufacturer, and where it is understood and obvious that more information may be obtained [Fig. 3].
Consider claim 18 and as applied to claim 12: The system of claim 12, wherein the network device is selected from the group consisting of a computing system, a computing device, a PC, a server computer, smartphone, a mobile device, a notebook computer, and an ipad, for interfacing with a website, and the indicator provides access to the website. Van Megchelen discloses a user terminal (93) as a computer (computing device) or mobile device [Fig. 15; Para. 0183].
Consider claim 19 and as applied to claim 12: The system of claim 12, wherein the indicator has a predetermined relationship with at least one of advertising copy, a coupon, and a Q code. Van Megchelen discloses use of a barcode, 2D barcode, RFID tag, or QR code (Q code) [Fig. 1, 10; Para. 0078, 0165, 0167].
Consider claim 20 and as applied to claim 12: The system of claim 12, wherein the indicator includes a radio-frequency identification chip. Van Megchelen discloses use of a barcode, 2D barcode, RFID tag, (radio frequency identification chip) or QR code [Fig. 1, 10; Para. 0078, 0165, 0167].
Claim 13 is rejected under 35 USC §103 as unpatentable over Flores (United States Patent # US 3,567,085) in view of Winkie (United States Patent Application Publication # US 2016/0302539 A1), Schumaier (United States Design Patent # US D698,653 S), Van Megchelen (United States Patent Application Publication # US 2012/0055984 A1), and Ziegler (United States Patent Application Publication # US 2012/0085828 A1).
Consider claim 13 and as applied to claim 12: The system of claim 12, wherein the indicator matches the collectable desiccant canister predetermined outer configuration.
It would have been obvious to one of ordinary skill in the art at the time of effective filing for the invention that a label applied to the exterior surface of the canister would conform to the exterior shape of the canister (match the canister outer configuration) [Schumaier: Fig. 3].
Ziegler discloses a promotional label with QR code or other scannable interactive code linked to one or more internet locators (URL) for delivering digital content, promotions and engagement features between consumers and marketers [Title; Abstract; Fig. 1, 14, 22A-B; Para. 0009-0010, 0035], particularly that text and scannable codes may be attached to the surface of a container, and which conforms to the container outer surface [Fig. 14, 22A-22B; Para. 0009, 0010, 0064, 0089-0090];
Response to Arguments
Applicant’s arguments filed on 4-February-2026 have been carefully and fully considered by the Examiner, and responses are provided as follow:
Consider Applicant’s remarks with respect to the non-statutory double patenting rejection of claims 1-20 over United States patent (US 11,858,715 B2) (Parent) [Remarks: page 6]: A terminal disclaimer, having been submitted and approved obviates this rejection, and the rejection has been withdrawn.
Consider Applicant’s remarks with respect to the rejection of claims 1-11 under 35 USC §103 over Flores (US 3,567,085), McElroy (US 2016/0128436 A1), Schumaier (US D698,653 S) and Van Megchelen (US 2012/0055984 A1) [Remarks: page 6]:
Regarding independent claim 1: Arguments assert that applied references (particularly Flores and McElroy) fail to teach a shape consistent with any of the shapes in the claimed group as presently amended. This argument has been carefully considered, but is rendered moot by a new rejection of the claim under 35 USC §103 over Flores, Davidson (US 2005/0022554 A1), Schumaier and Van Megchelen, where Davidson teaches oner or more of the claimed shapes.
Regarding claims 2-11: No specific or additional arguments are presented with respect to these claims, and allowability of the claims is asserted based on the alleged allowability of base claim 1. These claims are now also rejected under 35 USC §103 over Flores, Davidson, Schumaier and Van Megchelen based on the new rejection of the base claim, and on the particular citations and analysis presented for each in this Office action.
Consider Applicant’s remarks with respect to the rejection of claims 12 and 14-20 under 35 USC §103 over Flores, Schumaier, and Van Megchelen [Remarks: page 6]:
Regarding independent claim 12: Arguments assert that applied references (particularly Flores) fail to teach a shape consistent with any of the shapes in the claimed group as presently amended. This argument has been carefully considered, but is rendered moot by a new rejection of the claim under 35 USC §103 over Flores, Winkie (US 2016/0302539 A1), Schumaier and Van Megchelen, where Winkie teaches oner or more of the claimed shapes.
Regarding claims 13-20: No specific or additional arguments are presented with respect to these claims, and allowability of the claims is asserted based on the alleged allowability of base claim 12. These claims are now also rejected under 35 USC §103 over Flores, Winkie, Schumaier and Van Megchelen based on the new rejection of the base claim, and on the particular citations and analysis presented for each in this Office action.
Consider Applicant’s remarks with respect to the rejection of claim 13 under 35 USC §103 over Flores, Schumaier, Van Megchelen and Ziegler (US 2012/0085828 A1) [Remarks: page 6]: No specific or additional arguments are presented with respect to this claim, and allowability is asserted based on the alleged allowability of base claim 12. This claim is now rejected under 35 USC §103 over Flores, Winkie, Schumaier, Van Megchelen, and Ziegler, based on the new rejection of the base claim, and on the particular citations and analysis presented in this Office action.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure.
Boan et al. (U.S. Patent Application Publication # US 2024/0008622 A1) disclosing a wrist palette and methods for making the same.
Mesica (U.S. Patent Application Publication # US 2022/0047046 A1) disclosing a jewelry style, pencil shaped perfume or sanitizer holder.
Goldfarb et al. (U.S. Patent Application Publication # US 2018/0127173 A1) disclosing child safety covers for use with various packaging or containers including without limitation packaging and containers shaped to correspond to a characteristic of the contents contained therein.
Stillman (PCT/WIPO Patent Application Publication# WO 0170591 A1) disclosing an infusion packet with useful and decorative elements, support member, delivery system and method.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to STEPHEN R BURGDORF whose telephone number is (571)270-7328. The Examiner can normally be reached on Monday and Friday at 11:00 AM to 8:00 PM EST/EDT.
If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s supervisor, Quan-Zhen Wang can be reached at (571)272-3114. The fax phone number for the organization where this application or proceeding is assigned is (571)273-8300.
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/STEPHEN R BURGDORF/ Examiner, Art Unit 2685