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 .
The prior Office action mailed on 12/11/2025 is withdrawn and is replaced with the Office action herein.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-9 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3-6, 11-12, 14, and 20 of U.S. Patent No. 11,117,718 in view of Friedman (US 3616622 A).
Regarding claim 1, US Patent No. 11,117,718 discloses a reusable seal spout assembly comprising; a spout, said spout comprising an outer flange, two side walls spaced apart from each other and extending away from two side edges of a frontal face of said outer flange and atop wall extending away from a top edge disposed between said two side edges of said frontal face of said outer flange, said top wall and said two side walls together define a passageway extending between an inlet opening at said outer flange and an outlet opening away from said inlet; an inner frame flange adapted to be coupled with said outer flange, and a center hole configured to receive said top wall and said two side walls; and a sliding door slidingly mounted through a slot disposed at said top wall, said sliding door being operable to slide inside said passageway to any selected position with respect to said passageway between a first position in which said sliding door completely blocks said passageway and a second position in which said sliding door completely opens said passageway; wherein said spout enables controlled release of a product from inside a bag through said passageway when said spout is releasably attached to said bag by holding a perimeter section of a cut out hole made in said bag tightly between said frontal face of said outer flange positioned facing an inner side of said perimeter section and said inner frame flange positioned on an exterior side of said perimeter section receiving said plurality of fasteners (claim 1 of US Patent No. 11,117,718). However, US Patent No. 11,117,718 remains silent to a plurality of magnets/steel pieces on said outer flange and said inner frame flange having a plurality of magnets/steel to releasably receive said plurality of magnets. Friedman teaches a plurality of magnets/steel pieces (magnet 32) on said outer flange (col. 5 ll. 66-75) and said inner frame flange (flange 18) having a plurality of magnets/steel (lamina 22 of magnetic material) to releasably receive said plurality of magnets (col. 5 ll. 15-22). It would have been prima facie obvious to one having ordinary skill in the art to modify the fastening member of US Patent No. 11,117,718 to be magnetic, which advantageously allows for secure and removable coupling (Friedman: col. 6 ll. 3-15).
Regarding claim 2, US Patent No. 11,117,718 discloses wherein a track is provided by said two side walls to support said sliding door (claim 3 of US Patent No. 11,117,718).
Regarding claim 3, US Patent No. 11,117,718 discloses wherein said reusable seal spout assembly further comprising a seal said seal having a seal central hole and a least one of seal receiving hole (claim 4 of US Patent No. 11,117,718).
Regarding claim 4, US Patent No. 11,117,718 discloses wherein said plurality of fasteners are studs, screws, bolts, magnets, threaded inserts or male snap fasteners (claim 5 of US Patent No. 11,117,718).
Regarding claim 5, US Patent No. 11,117,718 discloses wherein a plurality of fasteners, magnets nuts, threaded inserts, screws, bolt or female clips or female snap fasteners mate with said plurality of fasteners for said coupling of said inner frame flange with said outer flange (claim 6 of US Patent No. 11,117,718).
Regarding claim 6, US Patent No. 11,117,718 discloses wherein said outer flange is flexible (claim 11 of US Patent No. 11,117,718).
Regarding claim 7, US Patent No. 11,117,718 discloses wherein said cut out hole made in said bag is geometrically shaped to correspond to a shape of said outer flange and a size of said cut out hole is made equal to or less than an inside area of said outer flange (claim 12 of US Patent No. 11,117,718).
Regarding claim 8, US Patent No. 11,117,718 discloses wherein one or more door stops having a projected portion is disposed on said sliding door to prevent said sliding door from completely coming out of said slot (claim 14 of US Patent No. 11,117,718).
Regarding claim 9, US Patent No. 11,117,718 discloses wherein said seal is configured to be placed between said frontal face of said outer flange and said inner side of said perimeter section, between said inner frame flange and said exterior side of said perimeter section or on an outer face of said inner frame flange (claim 20 of US Patent No. 11,117,718).
Claims 10-11 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3-6, 11-12, 14, and 20 of U.S. Patent No. 11,117,718 and Friedman (US 3616622 A), as applied in claim 1, further in view of Adams et al. (US 5957312 A).
Regarding claim 10, US Patent No. 11,117,718 discloses the inner flange but remains silent to the inner flange can have a raised rim protruding to receive a seal cover. However, Adams teaches the inner flange can have a raised rim (vertically extending upper stretch 23) protruding to receive a seal cover (cap 46). It would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the raised rim and cap with the invention of US Patent No. 11,117,718. In doing so, the modification advantageously allows for a removable seal to the outlet of the device (refer to Adams: fig. 1).
Regarding claim 11, US Patent No. 11,117,718 discloses the inner flange but remains silent to the inner flange can have a deflector to guide product from raised rim of inner flange. However, Adams teaches the inner flange can have a deflector (inward projection 29) to guide product from raised rim of inner flange (fig. 4 and col. 4 ll. 4-16). It would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device to include as deflector, which advantageously facilitates the dispensing of the product (Adams: col. 4 ll. 4-16).
Claim Rejections - 35 USC § 112
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 1-11 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.
Regarding claim 1, the limitation “said plurality of fasteners.” This limitation lacks proper antecedent basis.
Regarding claim 10, the phrase "can" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 11, the preamble of the claim seemingly intends to claim dependency to a previous claim, however, lacks proper identification to the claim in which claim 11 is depending. The Examiner is interpreting claim 11 to depend from claim 10, which limits issues with proper antecedent basis. Appropriate correction is required. Additionally, the phrase "can" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claims 2-9 are rejected under 35 U.S.C. 112(b) as they depend upon a rejected base claim.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Eaton et al. (US 20160052767 A1) and Heraud (US 20160176587 A1) for magnetic fastening means.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER STEVEN PARISI whose telephone number is (571)270-5490. The examiner can normally be reached Mon - Fri 8:00 - 5:00 EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Angwin can be reached at (571) 270-3735. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/CHRISTOPHER S. PARISI/Examiner, Art Unit 3754
/DAVID P ANGWIN/Supervisory Patent Examiner, Art Unit 3754