DETAILED ACTION
The current application is a parent of co-pending applications 18/736,369 and 18/736,374. This communication is in response to the claim set filed by the applicant on 06/26/2024 that includes claims 1-19 as pending and canceling claims 20-86 which were part of a claim set filed on 06/05/2024. Therefore, claims 1-19 are examined on the merits.
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, “a spring” of line 12 in claim 1 must be shown or the feature(s) canceled from the claim(s). 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.
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 1-19 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.
Claim 1 recites the limitation "A dispensing lid" in line 1 and then continuously refers back to the limitation as “the lid” in the body of claim 1 and also its dependent claims. Furthermore, claim 1 also recites “a button”, “a lever” and “a spring in line 12 but then recites “the fastener button”, “the fastener lever”, and “the fastener spring” in the rest of the claims and also dependent claims. Therefore, there is insufficient antecedent basis for these limitations in the claim. Applicant should use the same terminology for all of the claims once a recitation is used to avoid ambiguity.
Claim 3 recites “fastener” in line 3, “fastener button”, “fastener lever”, and “fastener spring” in line 4. All of these limitations should be referred back to using “said or the” to have proper antecedent basis. Therefore, there is insufficient antecedent basis for these limitations in the claim.
Claim 6 recites “fastener lever” in line 4. This limitation should be referred back to using “said or the” to have proper antecedent basis. Therefore, there is insufficient antecedent basis for this limitation in the claim.
Claims 2, 4, 5, and 7-17 are rejected under the same grounds for repeating the same errors as discussed above and for being dependent on claim 1.
Claim 18 recites the limitation "A dispensing lid" in line 1 and then continuously refers back to the limitation as “the lid” in the body of claim 18 and also its dependent claims. Claim 18 also recites “a button”, “a lever” and “a spring in line 15 but then recites “the fastener button”, “the fastener lever”, and “the fastener spring” in the rest of the claims and also dependent claims. Claim 18 further recites “vent” and “fastener” in line 24 and “vent”, “fastener”, “fastener button”, “fastener lever” in line 25 and “fastener spring” in line 26. All of these limitations should be referred back to using “said or the” to have proper antecedent basis. Therefore, there is insufficient antecedent basis for these limitations in the claim. Applicant should use the same terminology for all of the claims once a recitation is used to avoid ambiguity.
Claim 19 is rejected under the same grounds for repeating the same errors as discussed above and for being dependent on claim 18.
Allowable Subject Matter
Claims 1-19 are allowable over the prior art if the 35 U.S.C. 112(b) rejections discussed above are overcome through amendment.
The primary reason for allowance is the inclusion of limitations
“an integration unit selectively engageable with and disengageable from the body, the integration unit being formed of a continuous material in common amongst integration unit components, which include: a spout having a spout conduit passing through the continuous material in common and allowing dispensing through the lid via the spout conduit; and a fastener formed of the continuous material in common and having a button, a lever, and a spring, the fastener lever connecting the fastener button to the integration unit and the fastener spring applying a force to the fastener lever when pressing the fastener button” in claim 1 and
“an integration unit selectively engageable with and disengageable from the body, the integration unit being formed of a continuous material in common amongst integration unit components, which include: a spout having a spout conduit passing through the continuous material in common and allowing dispensing through the lid via the spout conduit; a vent separate from the spout and including a vent duct passing through the continuous material in common and allowing air exchange through the lid via the vent duct; and a fastener formed of the continuous material in common and having a button, a lever, and a spring, the fastener lever connecting the fastener button to the integration unit and the fastener spring applying a force to the fastener lever when pressing the fastener button” in claim 18.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following documents disclose subject matter related to dispensing lid assemblies with a spout, a rotating cap, and an actuator mechanism: US PN 5,203,468, US PN 6,109,487, US PN 6,382,476, US PG PUB 2004/0217139, US PG PUB 2012/0187075, US PG PUB 2012/0305559, US PG PUB 2012/0312832, US PN 9,380,898, US PG PUB 2017/0238744, US PN 10,124,937, US PN 10,512,347, US PG PUB 2020/0071038, US PG PUB 2022/0212843, US PN 11,390,432, and US PN 11,396,407.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VISHAL J PANCHOLI whose telephone number is (571)272-9324. The examiner can normally be reached Monday - Thursday (9 am - 7 pm).
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/Vishal Pancholi/Primary Examiner, Art Unit 3754