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 .
Specification
2. The abstract of the disclosure is objected to because the abstract is under 50 words and that the applicants may want to include more of a description. 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).
3. The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: “output unit”, “output unit is a nozzle”, “first output unit” and “output unit is a spout”.
Double Patenting
4 The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
5. Claims 1-3, 8, 13, 16-17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 5 of U.S. Patent No. 12,083,549. Although the claims at issue are not identical, they are not patentably distinct from each other because they are substantially similar in in scope, structures are the same, just called by different names and they use similar limitations to produce the same end results.
1. A method, comprising: enabling a pod and a valve to be positioned adjacent to an output unit attached to a container where the pod contains a first volume of matter and the container contains a second volume of matter such that the first volume of matter is input into the output unit through the valve based on the pod being pressed and the first volume of matter mixes with the second volume of matter within the output unit thereby forming a third volume of matter that is output from the output unit.
2. The method of claim 1, wherein the output unit is a nozzle.
3. The method of claim 1, wherein the output unit is a spout.
13. A method, comprising: enabling a first output unit to engage with a second output unit of a container where the first output unit includes a pod containing a first volume of matter and the container contains a second volume of matter such that the first volume of matter is input into the first output unit based on the pod being pressed and the first volume of matter mixes with the second volume of matter output from the second output unit within the first output unit thereby forming a third volume of matter that is output from the first output unit.
17. The method of claim 13, wherein the first output unit includes a valve through which the first volume of matter travels before mixing with the second volume of matter.
1. (Previously presented) A method, comprising: causing a sidewall of a nozzle of a container containing a first volume of matter to host a pod containing a second volume of matter; causing a valve to be in fluid communication with the nozzle and the pod; and causing the second volume of matter to be input into the nozzle via the valve based on the nozzle receiving the first volume of matter such that the first volume of matter mixes with the second volume of matter within the nozzle thereby forming a third volume of matter that is output from the nozzle.
2. (Previously presented) A method, comprising: causing a spout of a container containing a first volume of matter to host a pod containing a second volume of matter; causing a valve to be in fluid communication with the spout and the pod; and causing the second volume of matter to be input into the spout via the valve based on the spout receiving the first volume of matter such that the first volume of matter mixes with the second volume of matter within the spout thereby forming a third volume of matter that is output from the spout.
3. (Previously presented) A method, comprising: possessing a container, a nozzle, a valve, and a pod, wherein the nozzle is configured to extend from the container, wherein the nozzle is configured to host the pod, wherein the container is configured to contain a first volume of matter, wherein the pod is configured to contain a second volume of matter, wherein the valve is configured to be in fluid communication with the nozzle and the pod, wherein the nozzle is configured to output a third volume of matter based on the nozzle receiving the first volume of matter when the nozzle extends from the container and the second volume of matter via the valve when the nozzle hosts the pod such that the second volume of matter mixes with the first volume of matter to form the third volume of matter within the nozzle.
8. The method of claim 1, wherein the valve is a first valve, and further comprising: causing a second valve to be positioned adjacent to the output unit such that the second valve is in fluid communication with the pod.
16. The method of claim 13, wherein the first output unit includes a valve through which the first volume of matter travels before mixing with the second volume of matter within the first output unit.
5. The method of claim 1, wherein the valve is a first valve, and further comprising: causing a second valve to be in fluid communication with the nozzle and the pod.
6. Claims 4-7, 9-12, 14-15, 18-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 5 of U.S. Patent No. 12,083,549 in view of Schwede 3,946,906.
Luckow et al. disclose in U.S. Patent No. all the features of the claimed invention except that the pod is pressed along a horizontal plane when the container is positioned upright, the pod is pressed along a vertical plane when the container is positioned upright, the third volume of matter is at least one of a gas, the third volume of matter is at least one of a shaving cream. Schwede teaches the use of a pod (34) being pressed along a horizontal plane when the container is positioned upright, the pod being pressed along a vertical plane when the container is positioned upright (col. 2, ll. 57-63 and as seen in Figure 1), the third volume of matter is at least one of a gas (col. 2, ll. 1-21), and the third volume of matter is at least one of a shaving cream (col. 3, ll. 55-67), wherein the output unit extends between the pod and the container as seen in Figure 1.
It would have been obvious to one having ordinary skill in the art before the effective filling date of the application to utilize Schwede’s teaching onto the device of Luckow et al., in order to dispense a mixed products as taught by Schwede in (col. 1, ll. 6-19).
Conclusion
7. The prior art made of record and not relied upon is considered pertinent to applicants’ disclosure.
8. 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 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