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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 5/12/2026 has been entered.
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 1-2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by
Hins (EP 0863386 A1).
Regarding claim 1, Hins discloses a storage container (fig.1-4) comprising: a lower portion (2) comprising a top panel defining a first opening (neck 4 with opening extends from top panel of 2), the lower portion configured to hold a liquid (see attached translation, page 1, ll.33-36); an upper portion (1) received by and in fluid communication with the lower portion, the upper portion comprising a bottom panel defining a second opening (see bottom panel of 1 below marked area 25 in fig.2); a spout (marked area 17-18, see fig.2) extending from the upper portion, wherein when the upper portion and lower portion are coupled together in an assembled configuration, at least a portion of the liquid can be poured from the spout of the storage container (via area 17-18), and wherein in the assembled configuration the top panel corresponds with the bottom panel (see fig.2); and a cap (20) selectively attached to the spout to prevent the liquid from pouring through the spout in the assembled configuration (see fig.1), wherein in a disassembled configuration the cap is detached from the spout to expose the spout to pour the liquid through the spout (see fig.2).
Regarding claim 2, Hins discloses at least one of the first opening or the second opening is a threaded opening (see threads on 1).
Claims 1, 6-12, 16-18 and 21-22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schwartz (US 1,892,788).
Regarding claim 1, Schwartz discloses a storage container (fig.1-7) comprising: a lower portion (12) comprising a top panel (marked area 10 in fig.4) defining a first opening (opening within 19), the lower portion configured to hold a liquid (see fig.1); an upper portion (fig.5) received by and in fluid communication with the lower portion (see fig.4), the upper portion comprising a bottom panel (marked area 25) defining a second opening (marked area 27 in fig.4-5); a spout extending from the upper portion (see fig.5, marked area 24 to 23), wherein when the upper portion and lower portion are coupled together in an assembled configuration, at least a portion of the liquid can be poured from the spout of the storage container (see fig.4), and wherein in the assembled configuration the top panel corresponds with the bottom panel (see fig.4); and a cap (13) selectively attached to the spout to prevent the liquid from pouring through the spout in the assembled configuration (see fig.4), wherein in a disassembled configuration the cap is detached from the spout to expose the spout to pour the liquid through the spout (see fig.2).
Regarding claim 6, Schwartz discloses the storage container is reusable and the lower portion is configured to receive a different liquid (the container is detachable for reuse).
Regarding claim 7, Schwartz discloses the lower portion to receive the liquid via the first opening; the upper portion to dispense the liquid via the spout; the first opening is larger than an opening of the spout (see the openings in fig.4).
Regarding claim 8, Schwartz discloses the first opening is larger than an opening of the spout and the storage container is manipulatable between: a first use in which the lower portion to receive the liquid via the first opening with the upper portion uncoupled from the lower portion; and a second use in which the upper portion to dispense the liquid via the spout with the upper portion coupled with the lower portion (see fig.2 in use and in disassembled configuration by detaching 15 from 12; page 1, ll.78-94).
Regarding claim 9, Schwartz discloses the storage container is manipulatable between: a load configuration in which the lower portion to receive the liquid via the first opening with the upper portion uncoupled from the lower portion; and a storage configuration in which the upper portion is coupled with the lower portion (page 1, ll.78-94).
Regarding claim 10, Schwartz discloses a reusable storage container (fig.1-7), comprising: a lower portion (12) comprising a top panel (marked area 18) defining a first opening to receive a liquid (see opening in area 19); an upper portion (15) to couple with the lower portion (see fig.4), the upper portion comprising a bottom panel defining a second opening in fluid communication with the first opening (see panel in marked area of 25), the second opening to dispense the liquid (via 26); a spout extending from the upper portion (area 24), the second opening configured to allow fluid communication between the spout and the first opening (see fig.2), wherein the liquid can be poured from the spout (see fig.2, upon removal of cap 13): and a cap (13) selectively attached to the spout in a storage configuration to prevent the liquid from pouring through the spout (see fig.1, 4), wherein in an assembled configuration of the lower portion and the upper portion, the top panel engages the bottom panel in a facing engagement (see fig.4), and wherein in a disassembled configuration of the cap and the spout, the cap is detached from the spout to expose the spout to pour the liquid through the spout (see fig.2).
Regarding claim 11, Schwartz discloses the reusable storage container is manipulatable between: a first use in which the reusable storage container to receive the liquid in the lower portion via the first opening (via area 19); and a second use in which the reusable storage container to dispense the liquid via a spout extending from the upper portion (see fig.2).
Regarding claim 12, Schwartz discloses the reusable storage container is manipulatable between: a load configuration in which the lower portion to receive the liquid via the first opening; and a storage configuration in which the upper portion is coupled with the lower portion with at least a portion of the liquid stored within the lower portion (page 1, ll.78-94).
Regarding claim 16, Schwartz discloses a method of using a storage container (fig.1-7) comprising: loading a lower portion (12) of the storage container with a liquid via a first opening (prior to assembly), wherein the lower portion comprises a top panel (area 18) defining the first opening (in area 19); coupling an upper portion of the storage container with the lower portion (see fig.4), wherein the upper portion comprises a bottom panel (area 25) defining a second opening (see opening in area 27), and wherein in a coupled configuration of the upper portion and lower portion the top panel corresponds with the bottom panel (see fig.4); selectively attaching a cap (13) to a spout of the upper portion to prevent the liquid from pouring through the spout; and detaching the cap from the spout to expose the spout to pour the liquid from the storage container (see fig.2).
Regarding claim 17, Schwartz discloses prior to loading the lower portion with the liquid, the method comprising: opening the lower portion via uncoupling the upper portion from the lower portion to expose the first opening (page 1, ll.78-94).
Regarding claim 18, Schwartz discloses the method comprising: storing the storage container in an environment with at least a portion of the liquid stored within the lower portion (see fig.1 and 4).
Regarding claim 21, Schwartz discloses each of the top panel and the bottom panel has an external perimeter, and wherein the external perimeter of the top panel has the same dimensions as the external perimeter of the bottom panel (see fig.4 and 7).
Regarding claim 22, Schwartz discloses the upper portion defines an internal space having a dome shape (see fig.5)
The device shown by Schwartz will perform the method recited in claims 16-18 and 20 during normal use and operation of the dispensing device.
Claim Rejections - 35 USC § 103
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.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Schwartz (US 1,892,788).
Schwartz is silent in disclosing at least one of the first opening or the second opening is a threaded opening. However, Schwartz teaches the upper and lower portions are engageable with one another (page 1, ll.78-94) and sealing (15) to (12). Since the openings of the upper and lower portions are sealed to one another, and provide the same and predictable result of threaded openings, it would have been obvious to one having ordinary skill in the art before the effective filling date of the application to modify the openings of Schwartz as such to include threads. Such modification would have been without undo experimentation yielded predictable result, namely, providing a functional equivalence of sealing two parts together.
Claims 5 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Schwartz (US 1,892,788) in view of Regas (US 2012/0090210).
Schwartz is silent in disclosing a customization surface of at least one of the upper portion and the lower portion, the customization surface to display information related to the liquid; and the method comprising: customizing a customization surface of at least one of the upper portion and the lower portion with information related to the liquid. However, Regas teaches the commonality of having a customization surface of at least one of the upper portion and the lower portion, the customization surface to display information related to the liquid (see fig. 1B, 2A and [0045]). It would have been obvious to one having ordinary skill in the art before the effective filling date of the application to add content information as taught by Regas to the container of Schwartz, in order to provide consumers with a choice of selecting a desired ingredient.
The device shown by Schwartz and Regas will perform the method recited in claim 20 during normal use and operation of the dispensing device.
Response to Arguments
Applicant’s arguments with respect to above claims 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 Bob Zadeh whose telephone number is (571)270-5201. The examiner can normally be reached Monday-Friday 8am-4pm E.
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/BOB ZADEH/Primary Examiner, Art Unit 3754
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