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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the threaded connection, magnetic connection, interference fit, and rotating slot and groove connection between the upper and lower sections recited in Claims 6-9 must be shown or the features canceled from the claims. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities: in [0008] line 2, “distal end 22” should read “distal end 24” for consistency with the rest of the disclosure and to eliminate confusion with tongue 22.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 1-6, and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Andersson (US 3,827,641).
Regarding Claim 1, Andersson discloses (Figure 1) a dispenser, comprising: an upper section (container 1) removably attached to a lower section (container 2; col. 3 lns 48-50), wherein each of the upper section and the lower section has a separate internal storage area (container chambers 5 and 6); and wherein each of the upper section and the lower section includes a distal end (container end walls 11) from where an ingredient stored in the respective internal storage area (col. 1 lns 36-37) is dispensed (col. 4 lns 22-34: the product is grinded by grinding mechanisms in the distal ends of the containers 1/2, from which it is dispensed).
Regarding Claim 2, Andersson discloses (Figure 1) the distal end (container end wall 11) of the upper section (container 1) includes a spout (annular flange 17).
Examiner note: regarding the limitation “a spout”, per MPEP 2111.01, the words of the claim are given their plain meaning, unless such meaning is inconsistent with the specification. Merriam-Webster’s online dictionary defines a spout as “a projecting tube or lip”. The annular flanges 17 of Andersson are projecting lips, as is clearly seen in Figure 1, so this limitation of the claim is met.
Regarding Claim 3, Andersson discloses (Figure 1) the lower section (container 2) includes a grinding mechanism (grinding mechanism 7) and the distal end (container end wall 11) thereof is at least partially open (col. 4 lns 22-34: container end wall 11 is at least partially open via inlet ports 24/25 and conical seating 26 between sections 8 and 9 of grinding mechanism 7, through which the ground material is dispensed from the dispenser).
Regarding Claim 4, Andersson discloses (Figure 1) each of the upper and lower sections (containers 1 and 2) are refillable (col. 2 lns 17-20, col. 4 lns 37-38).
Regarding Claim 5, Andersson discloses (Figure 1) the upper section (container 1) is removably attached to the lower section (container 2) by a tongue and grove connection (col. 4 lns 1-7: guide edges 19 may be arranged on both the inside and the outside of the sleeves 10 of the containers 1/2, thereby forming grooves into which the edges of the sleeves 10 fit and act as tongues).
Regarding Claim 6, Andersson discloses (Figure 1) the upper section (container 1) is removably attached to the lower section (container 2) by a threaded connection (threaded portion 15 on shaft 3 and nut means 16; col. 3 lns 45-50).
Regarding Claim 9, Andersson discloses (Figure 1) the upper section (container 1) is removably attached to the lower section (container 2) by a tongue and grove connection (col. 3 lns 33-36: sleeves 10 are rotatable relative to twist member 4; and col. 4 lns 1-7: guide edges 19 of twist member 4 may be arranged on both the inside and the outside of the sleeves 10 of the containers 1/2, thereby forming grooves into which the edges of the sleeves 10 fit).
Claims 1 and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schopf (WO 2017/017531). For text citations of Schopf, refer to the machine translation provided
Regarding Claim 1, Schopf discloses (Figures 5-9) a dispenser, comprising: an upper section (assembly of reservoir 9 and piston module 12) removably attached to a lower section (assembly of upper/lower grinding mechanisms 100/2 and lower chamber 3); wherein each of the upper section and the lower section has a separate internal storage area (interior areas of reservoir 9 and lower chamber 3); and wherein each of the upper section and the lower section includes a distal end (bottom ends of reservoir 9 and lower chamber 3) from where an ingredient stored in the respective internal storage area is dispensed ([0013] lns 1-5: the material is dispensed out of reservoir 9 and into grinding mechanism 100/2 via the pistons on piston module 12 and recesses formed in grinding mechanism 100; ground material is dispensed from lower chamber 3 via emptying adapter 8).
Regarding Claim 7, Schopf discloses (Figures 5-9) the upper section (assembly of reservoir 9 and piston module 12) is removably attached to the lower section (assembly of upper/lower grinding mechanisms 100/2 and lower chamber 3) by a magnetic connection (magnet M1 in grinding mechanism 100 and magnet M3 in reservoir 9).
Claims 1 and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jenatschke et al., hereinafter Jenatschke (US 595,481).
Regarding Claim 1, Jenatschke discloses (Figure 1) a dispenser, comprising: an upper section (receptacle 1) removably attached to a lower section (receptacle 2; pg. 1 lns 52-56 and 64-66: receptacles 1 and 2 are attached at the bottom 9 of receptacle 1 and the top of receptacle 2, and may be removed by unscrewing the thumbnut 10 from stem 8); wherein each of the upper section and the lower section has a separate internal storage area (internal chambers of receptacles 1 and 2, clearly seen in Figure 1); and wherein each of the upper section and the lower section includes a distal end (perforated cover 3 of receptacle 1 and bottom 5 of receptacle 2) from where an ingredient stored in the respective internal storage area is dispensed (pg. 1 lns 30-31 and 74-76).
Regarding Claim 8, Jenatschke discloses (Figure 1) the upper section (receptacle 1) is removably attached to the lower section (receptacle 2) by an interference fit (pg. 1 lns 64-66; Figure 1 clearly shows a tight fitting between the bottom 9 of receptacle 1 and the top of receptacle 2, with the outer diameter of the bottom 9 being larger at its uppermost end than the inner diameter of the opening of receptacle 2).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Holcomb et al. (US 4,573,244) discloses a dispenser comprising upper and lower sections with separate internal storage areas and distal ends from which an ingredient is dispensed, wherein the upper section includes a spout and the lower section includes a grinding mechanism.
Buening et al. (US 11,089,907) discloses a food processing device meeting all the limitations of Claim 1.
Reyes et al. (US 2025/0221573) discloses a dispenser comprising upper and lower sections, a spout, a grinding mechanism, and a magnetic connection between the sections.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TERESA A GUTHRIE whose telephone number is (571)270-5042. The examiner can normally be reached M/Tu/Th, 10-6 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Templeton can be reached at (571) 270-1477. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TERESA A GUTHRIE/Examiner, Art Unit 3725
/JARED O BROWN/Primary Examiner, Art Unit 3725