DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
2. Applicants’ election without traverse of Group II, claims 14-25 in the reply filed on 6/15/2026 is acknowledged.
3. Claims 1-13 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 6/15/2026.
Specification
4. The abstract of the disclosure is objected to because of legal languages “comprises and said” throughout the abstract. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Objections
5. Claim 19 is objected to because of the following informalities: the narrative recitation “it provides” leads to issue with antecedent basis and clarity. Appropriate correction is required.
Claim Rejections - 35 USC § 112
6. 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.
7. Claim 16 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.
I- The term "substantially" in claim 16 is a relative term which renders the claim indefinite. The term "substantially" is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Therefore, the scope of "substantially" is not clear.
Claim Rejections - 35 USC § 102
8. 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.
9. 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.
10. Claims 14-16, 24-25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stoody 5,642,838.
Stoody discloses a dispenser adapted for use with a can as seen in Figure 1, which comprises a can body (23) and a can end (13C); the dispenser comprises a lid (37) having features for removably securing the lid with respect to the can as seen in Figure 5, and the lid comprises a piercing member (37B) configured to fracture a score (17B, 17C) provided in the can end and create an opening therethrough and thereby bring an interior of the can into communication with an interior space of the lid as seen in Figure 6; the features comprise sealing features (37D) for removably securing the lid directly to the can; the sealing features providing a substantially fluid tight seal between the lid and an outer surface or surfaces of the can (col. 5, ll. 62-65); a main body (33) for receiving the can, the main body comprising features for cooperating with the features of the lid to fix the lid to the main body, about the can as seen in Figure 5; the cooperating features of the lid and the main body comprise cooperating screw threads as seen in Figure 5; a dispensing cap (39) removably secured to the lid and defining a channel through which a product can flow from an interior space of the can to an exterior of the dispenser as seen in Figure 5; the dispensing cap comprises a tube for insertion through the opening in the can end, the tube defining the channel as seen in Figure 6.
Claim Rejections - 35 USC § 103
11. 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.
12. Claims 19-22 are rejected under 35 U.S.C. 103 as being unpatentable over Stoody 5,642,838 in view of Liautaud 3,995,772.
Stoody has taught all the features of the claimed invention except that piercing member being provided by a hollow cylindrical member which defines the interior space, the hollow cylindrical member having a variable axial length such that it provides a tip for fracturing the score. Liautaud teaches the use of a piercing member (24) with a variable axial length as seen in Figure 1 and a resilient sealing member.
It would have been obvious to one having ordinary skill in the art before the effective filling date of the application to utilize Liautaud’s teaching onto Stoody’s piercing member to be variable, in order, to form a point at the distal end of the piercing member for better puncturing the can end.
Further, it would have been obvious to one having ordinary skill in the art before the effective filling date of the application to provide Liautaud’s resilient sealing member over the can end of Stoody, in order to form a seal around the puncturing member so that liquid product can escape only through the central passage.
13. Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Stoody 5,642,838 in view of Liautaud 3,995,772 as applied to claim 21 above, and further in view of Le et al. 11,679,916.
Stoody-Liautaud in combination has taught all the features of the claimed invention except that the dispensing cap comprises a resilient sealing member configured to form a seal between the dispensing cap and the lid. Le et al/ teach the use of a resilient sealing member (108) forming a seal between a dispensing cap (104, 102) and a lid (106).
It would have been obvious to one having ordinary skill in the art before the effective filling date of the application to provide the sealing member of Le et al. between the cap and the lid of Stoody and Liautaud, in order to prevent leaks between the cap and the lid.
Conclusion
14. The prior art made of record and not relied upon is considered pertinent to applicants' disclosure.
15. Any inquiry concerning this communication or earlier communications from the examiner should be directed to FREDERICK C NICOLAS whose telephone number is (571)272-4931. The examiner can normally be reached Monday-Thursday at 8:00 AM -: 4:00 PM.
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, Paul R. Durand can be reached at 571-272-4459. 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.
/FREDERICK C NICOLAS/Primary Examiner, Art Unit 3754
Prosecution Insights