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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Election/Restrictions
Applicant’s election without traverse of Group I in the reply filed on 6 March 2026 is acknowledged.
Claims 15-25 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Invention, there being no allowable generic or linking claim.
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.
Claim 7 is 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 7 recites the limitation "each of a plurality of product applicator attachments" in line 1. There is insufficient antecedent basis for this limitation in the claim.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 6, 12, and 26, are rejected under 35 U.S.C. 35 U.S.C. 102(a)(1) as being anticipated by Joseph et al. (US 6484514).
Regarding claims 1 and 26, Joseph discloses a kit comprising, fig. 1:
a self-heating product container 1 comprising:
- a self-contained heater;
- a flexible container 1 physically and thermally coupled to the self-contained heater and containing a product 7 to be heated by an exothermic reaction within the self-contained heater, col. 7:10-35; and
- a nozzle or spout physically coupled to the flexible container to define a fluid flow path through which the product to be heated exits the flexible container, col. 6: 30-35,
wherein the self-contained heater comprises:
a package that defines a first heater compartment at 14 and a second heater compartment at 2, fig. 1;
a first reactant inside the first heater compartment; a second reactant within the second heater compartment, col. 7:10-35; and
a frangible seal or barrier, col. 4: 20-40, disposed between the first heater compartment and the second heater compartment and configured such that rupturing the frangible seal or barrier enables the first reactant to physically contact the second reactant to thereby produce the exothermic reaction; the heater changes the solid product to a flowable liquid, col. 6: 45-60.
Regarding claim 6, Joseph discloses a closure (cap) for the self-heating product container, wherein the cap is configured to removably engage a distal end of the nozzle or spout, col. 13: 65-end.
Regarding claim 12, Joseph, reference fig. 30, discloses that the self-heating product container is shaped as a pouch with a bottom gusset, col. 5: 15-25.
Claim(s) 1, 6, 7, and 26 are rejected under 35 U.S.C. 35 U.S.C. 102(a)(1) as being anticipated by Young (US 8561792).
Regarding claims 1 and 26, Young discloses a kit comprising, fig. 20-23:
a self-heating product container 400 comprising:
- a self-contained heater (at 430 within flexible reaction vessel 430);
- a flexible container 410 physically and thermally coupled to the self-contained heater (the heater is within the flexible container) and containing a product 450 (wax, col. 16:5-10) to be heated by an exothermic reaction within the self-contained heater; and
- a nozzle or spout 416 physically coupled to the flexible container to define a fluid flow path through which the product to be heated exits the flexible container, wherein the self-contained heater comprises:
a package (flexible reaction vessel) best seen in fig. 22, that defines a first heater compartment at 432 and a second heater compartment at 442;
a first reactant (reactant 432) inside the first heater compartment; a second reactant (activator 442) within the second heater compartment, col. 15: 25-42; and
a frangible seal or barrier (wall of frangible activator vessel 440) disposed between the first heater compartment and the second heater compartment and configured such that rupturing the frangible seal or barrier enables the first reactant to physically contact the second reactant to thereby produce the exothermic reaction, col. 15: 53-end, in order to melt the wax product, col. 16: 5-10.
Regarding claim 6, Young further discloses a cap at 422 for the self-heating product container, wherein the cap is configured to removably engage a distal end of the nozzle or spout, fig. 22, col. 15: 50-53.
Regarding claim 7, Young discloses the cap and/or a product applicator attachment in the kit has a set of threads configured to engage a corresponding set of threads at the distal end of the nozzle or spout, col. 15: 50-53, fig. 22.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-5, 8-10, 13, 26 are rejected under 35 U.S.C. 103 as being unpatentable over Cochran (US 6709180) in view of Young.
Regarding claims 1, 2, 13 and 26, Cochran discloses, fig. 25, a kit for a heated wax product the kit includes interchangeable heads 24, 25, 26, 27, 28, fig. 25, for a flexible (squeezable, col. 3: 4-6, fig. 11, col. 5: 9-15) container 1 that holds the heated wax, the kit is provided in a box (storage case 29), each of the tips have a mating screw thread 30 for being screwed onto the screw thread 23 of the container, col. 6:50-end.
The container of Cochran is not self-heating, the product must be heated in a microwave or electrically, fig. 15, col. 2: 25-30.
However as taught by Young it is known to provide a self-heating wax container.
Young teaches a kit comprising, fig. 20-23:
a self-heating product container 400 comprising:
- a self-contained heater (at 430 within flexible reaction vessel 430);
- a flexible container 410 physically and thermally coupled to the self-contained heater (the heater is within the flexible container) and containing a product 450 (wax, col. 16:5-10) to be heated by an exothermic reaction within the self-contained heater; and
- a nozzle or spout 416 physically coupled to the flexible container to define a fluid flow path through which the product to be heated exits the flexible container, wherein the self-contained heater comprises:
a package (flexible reaction vessel) best seen in fig. 22, that defines a first heater compartment at 432 and a second heater compartment at 442;
a first reactant (reactant 432) inside the first heater compartment; a second reactant (activator 442) within the second heater compartment, col. 15: 25-42; and
a frangible seal or barrier (wall of frangible activator vessel 440) disposed between the first heater compartment and the second heater compartment and configured such that rupturing the frangible seal or barrier enables the first reactant to physically contact the second reactant to thereby produce the exothermic reaction, col. 15: 53-end, in order to melt the wax product, col. 16: 5-10.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the container of Cochran with a self-heating means using an interior container with two reactants separated by a frangible barrier as taught by Young in order to allow a user to heat the product outdoors when there is no access to microwaves or electricity as per the teaching of Young, col. 1: 30-37.
Regarding claim 3, Cochran discloses that each of the product applicator attachments has a housing that defines a first end configured to engage the open end of the nozzle or spout,
a second end that is opposite the first end and configured to apply the product onto a surface, and an internal fluid flow path between the first end and the second end, fig. 25, col. 6: 40-57.
Regarding claim 4, Cochran discloses that the second end of each respective one of the plurality of product applicator attachments is shaped differently than the second ends of the other product applicator attachments, and wherein the different shapes make the different product applicator attachments suitable for applying the product to surfaces that have different shapes, fig. 25, col. 6: 40-57.
Regarding claim 5, Cochran discloses that the second ends of at least some of the product applicator attachments (see 24, 26, and 28, fig. 25) are flared to facilitate applying the product across a wider surface than the nozzle or spout would accommodate in a single pass.
Regarding claims 8-10, Cochran discloses that at least a portion of the flexible container is transparent at 62, fig. 1, and wherein the wax product is able to be seen from outside the flexible container through the transparent portion of the flexible container, col. 8: 45-50, and as applied above (modified by Young) the product is able to be seen from outside the flexible container through the transparent portion of the flexible container as the product melts in response to the exothermic reaction.
Claim(s) 11 is rejected under 35 U.S.C. 103 as being unpatentable over Joseph or Young or Cochran and Young as applied to claim 1 above, and further in view of Matsuo (WO 2021/107135 A1)
Regarding claim 11, the references applied above teach all of claim 10, as applied above except for the form of the wax. The references applied above do not teach any particular form for the wax other than the wax initially being solid, then after heated, turning to liquid, as applied above. The references applied above also teach that heating the wax turns it into a dispensable liquid, as applied above.
Matsuo is analogous art in regard to a flexible container having a wax product. Matsuo teaches that the wax product is in the shape of pellets and that granular pellets allow heat to be more efficiently transferred and is easier to melt, see translation, page 2, 2nd and 3rd paragraph from the bottom of the page.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the form of the wax Joseph, Young, or Cochran to provide the solid wax in granular or pellet form in order to allow the wax to melt more efficiently as per the teaching of Matsuo.
Claim(s) 14 is rejected under 35 U.S.C. 103 as being unpatentable over Joseph or Young or Cochran and Young as applied to claim 1 above, and further in view of Koptis (US 7563048).
Regarding claim 14, the references applied above teach all of claim 1, as applied above except for the container being implemented as an inverted pouch-style container with a downward-facing discharge nozzle or spout and a cap with a flat surface that enables the inverted pouch-style container to sit upon a surface with the cap facing and in direct physical contact with the surface and a package portion of the container extending upward from the cap.
However, Koptis is analogous art in regard to containers 10 with applicator attachments, at 14, fig. 2, and teaches a cap (enclosure) at 16, fig. 1 with a flat surface at 75a where the container can be stored in an upside down on a flat top surface of the cap, col. 17:60-64.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the cap/closure of Joseph, Young or Cochran to have a flat surface for storing the container upside down as per the teaching of Koptis in order to give the advantage of the product being collected adjacent to the dispensing outlet for quicker dispensing of the product.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to the attached PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOLLIE L IMPINK whose telephone number is (571)270-1705. The examiner can normally be reached Monday-Friday (7:30-3:30).
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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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MOLLIE LLEWELLYN IMPINK
Primary Examiner
Art Unit 3799
/MOLLIE IMPINK/Primary Examiner, Art Unit 3799
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