DETAILED ACTION
The current application is a continuation of co-pending application 18/735,089, filed on 06/05/2024. This communication is in response to the claim set filed by the applicant on 06/06/2024. Claims 1-28 are pending and 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” in line 2 of claim 28 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 1-28 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 "the lid" in line 7. Claim 1 recites “a dispensing lid” in line 1 and therefore, any subsequent recitations of the same limitations should follow the terminology and refer to it as “the dispensing lid” or “said dispensing lid”. There is insufficient antecedent basis for this limitation in the claim.
Claim 2 recites the limitation "the lid" in line 7. Claim 2 depends from claim 1 which recites “a dispensing lid”. Therefore, there is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "the lid" in line 5. Claim 8 depends from claim 1 which recites “a dispensing lid”. Therefore, there is insufficient antecedent basis for this limitation in the claim.
Claim 13 recites “the first pair” in line 2 and “the second pair” in line 3. Claim 13 recites “a first pair or parallel sides and a second pair of parallel sides” in lines 1-2. Therefore, Therefore, there is insufficient antecedent basis for these limitations in the claim.
Claim 20 recites the limitation "the lid" in line 7. Claim 20 recites “a dispensing lid” in line 1 and therefore, any subsequent recitations of the same limitations should follow the terminology and refer to it as “the dispensing lid” or “said dispensing lid”. There is insufficient antecedent basis for this limitation in the claim.
Claim 22 recites the limitation "the lid" in line 8. Claim 22 recites “a dispensing lid” in line 1 and therefore, any subsequent recitations of the same limitations should follow the terminology and refer to it as “the dispensing lid” or “said dispensing lid”. There is insufficient antecedent basis for this limitation in the claim.
Claim 28 recites “a button”, “a lever” and “a spring” in line 2 but then recites “the fastener button” in lines 3, 4, and 5, “the fastener lever” in lines 2, 4, and 6, and “the fastener spring” in lines 3 and 6. Applicant should use the same terminology for all of the claims once a recitation is used to avoid ambiguity. Therefore, there is insufficient antecedent basis for these limitations in the claim.
Dependent claims 3-7, 9-12, 14-19, 21, and 23-27 are also rejected under the same grounds for being dependent on independent claims 1, 20, and 22.
Allowable Subject Matter
If the 35 U.S.C. 112(b) rejections are overcome through amendments, claims 1-28 are allowed over the prior arts.
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 and an integrated gasket assembly, a rotating cap, and an actuator mechanism: US PN 5,203,468, US PN 6,109,487, US PN 6,279,773, 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 8,622,229, US PN 9,380,898, US PG PUB 2017/0238744, US PG PUB 2017/0267423, 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, and US PN 11,738,916.
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).
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 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.
/Vishal Pancholi/Primary Examiner, Art Unit 3754