DETAILED ACTION
Claims 1-5 are currently presented for examination.
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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 17/274,611, filed on 9 March 2021.
Specification
The disclosure is objected to because of the following informalities: Page 1 of the Specification, at lines 1-4, identifies a United States Patent Application. Applicant is encouraged to review the status of the parent Application, and to provide the current status of that Application.
Appropriate correction is required.
Information Disclosure Statement
The listing of references in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered.
The examiner notes at least two references identified at page 2, lines 9-10, at least one of which does not appear to be listed on the Information Disclosure Statements filed 23 August 2024 or 8 April 2025.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: an “equipping unit” in claim 1; and “engagement means” in claim 1. The equipping unit appears to be described in the Specification at page 12, first full paragraph. The engagement means appear to be described in the Specification at page 9, fifth full paragraph.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 4 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 4 recites the pronoun “they” at line 3. It is difficult to determine to which previously recited claim element the pronoun refers. Applicant could overcome this rejection by reciting the claimed elements each time they are to be referenced.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 4 recites the broad recitation “at least one” in line 1, and the claim also recites “in particular one to four” at lines 1-2, which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
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)(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.
(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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-5
Claims 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by United States Patent Application Publication 2004/0074439 to Fort et al. (hereinafter “Fort”).
Regarding claim 1, Fort discloses a guide unit (10) for transporting tampon applicators on an encircling guide arrangement, in particular on an encircling guide arrangement of an apparatus for equipping tampon applicators with tampons, the guide unit comprising: an applicator receptacle (24) for receiving a tampon applicator (applicator; see paragraph [0019]), wherein the applicator receptacle comprises means for holding (aperture, see Fig. 2) the tampon applicator in the applicator receptacle (24) in positive-fitting and/or force fitting fashion (whether an object is force fit by apertures depends on both the dimensions of the apertures and of the object received therein); b. a guide element (region at portion 100; see Fig. 2) with engagement means (curved portion between surfaces at 108 and 102; see Fig. 3) for the supported displacement of the guide unit on the encircling guide arrangement (12); and c. at least one driving projection (16) for operative connection of the guide unit to a drive and/or an equipping unit (14). The examiner notes that the tampon applicator is not understood to be positively required or included in the guide unit as claimed, nor are the drive and/or equipping unit.
Regarding claim 2, Fort discloses the limitations of claim 1, and further Fort discloses that the applicator receptacle (24) is mounted displaceably (compare Figs. 3-5), and in particular is mounted so as to be displaceable in a radial direction of the encircling guide arrangement (12; entire body is understood to be movable relative to encircling guide arrangement), with respect to the guide element (region at portion 100).
Regarding claim 3, Fort discloses a holding cassette (24) for receiving a tampon applicator (applicator; see paragraph [0019]), the holding cassette comprising an applicator receptacle (portion of 24 including apertures; see Fig. ) which comprises means (apertures, unnumbered) for holding the tampon applicator (applicator) in the applicator receptacle in positive-fitting and/or force-fitting fashion (whether an object is force fit by apertures depends on both the dimensions of the apertures and of the object received therein, such that applicator dimensions could be selected to force fit within illustrated apertures without modification of the apertures). The examiner notes that the tampon applicator is not understood to be positively required or included in the guide unit as claimed.
Regarding claim 4, Fort discloses the limitations of claim 3, and further Fort discloses comprising at least one, in particular one to four, holding bulges (each aperture shown in Fig. 2 with radially inward extending portion, fairly reading on a holding bulge) which extend into a recess (apertures) of the applicator receptacle such that they are capable of forming a positive-fitting and/or force-fitting connection with inserted tampon applicator (whether an object is force fit by apertures depends on both the dimensions of the apertures and of the object received therein, such that applicator dimensions could be selected to force fit within illustrated apertures without modification of the apertures).
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Regarding claim 5, Fort discloses the limitations of claim 3, and further Fort discloses for receiving a tampon applicator (applicator; see paragraph [0019]), wherein the applicator receptacle comprises one to four holding bulges (each aperture shown in Fig. 2 with radially inward extending portion, fairly reading on a holding bulge).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
United States Patent Application Publication 2013/0165309 to Binner et al. is directed to an apparatus for assembling tampons with applicators.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DARRELL C. FORD whose telephone number is (313)446-6515. The examiner can normally be reached 8:30 AM to 5:15 PM, Monday to Friday.
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, Sunil K Singh can be reached at (571) 272-3460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/D.C.F/Examiner, Art Unit 3726
/SARANG AFZALI/Primary Examiner, Art Unit 3726 10/16/2025