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 .
Status of the Application
Claims 1-2, 4-5, 7-10, 12-13, 19, 21, and 23-30 have been examined in this application. This communication is the first action on the merits. The Information Disclosure Statement (IDS) filed on 07/22/24 has been acknowledged and considered by the Office.
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)(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.
Claims 1-2, 4-5, 7, 10, 12, 13, 19, 21, 23, and 26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20160001959 to Long et al.
As per claims 1 and 21, Long discloses a system for dispensing a flowable material, comprising:
a container (12) including an outer housing (14, 18) and an inner cavity (126),
a cartridge (58) residing in the inner cavity of the container, the cartridge including the flowable material (56);
a lid (20) coupled to the open end (18) of the container and contacting a top (124) of the cartridge (Fig. 8), the lid including a dispensing spout (34); and
a puncturing element (42) residing in an interior of the lid (Fig. 13);
wherein the puncturing element is configured to perforate and separate a portion of the top of the cartridge and enable a fluidic communication between the cartridge and the dispensing spout ([0099]; a portion of membrane 124 forming the top of the cartridge is separated as shown in Fig. 8).
As per claim 2, Long further discloses the puncturing element is configured to puncture the cartridge upon closure of the lid on the container ([0099], Fig. 8).
As per claim 4, Long further discloses the lid is hinged to a first portion of the open end of the container (18) via a hinge member (78).
As per claim 5, Long further discloses the lid is coupled to a second portion of the open end of the container via a fastener (86), and wherein the second portion is configured to be located opposite to the first portion of an edge of the open end of the container (Fig. 8; [0095]).
As per claim 7, Long further discloses the puncturing element is configured to perforate and separate a portion of a top of the cartridge from a remainder of the cartridge (Fig. 8 – a portion of the membrane is separated from a remainder of the cartridge along the plane of the cross section).
As per claims 10 and 23, Long further discloses the puncturing element comprises a piercer (122) and at least one extension (118) extending from the piercer (Fig. 5-6).
As per claim 12, Long further discloses the lid comprises a dispensing spout (54).
As per claim 13, Long further discloses wherein the dispensing spout is coupled to a cap (60).
As per claim 19, Long further discloses the interior of the lid further comprises a gasket (30) coupled to a platform (28) surrounding the puncturing element.
As per claim 26, Long discloses a method of using a refillable canister for dispensing a flowable material, the method comprising:
loading the refillable canister (12) with a cartridge comprising the flowable material (Fig. 9), the refillable canister including a housing (14, 18) with an inner cavity retaining the cartridge (Fig. 8), a lid (20) coupled to the housing (Fig. 5), and a puncturing element (42) residing in an interior of the lid;
closing the lid of the loaded refillable canister to allow the puncturing element to come in contact with the cartridge (Fig. 8-9);
actuating an opening of the cartridge, upon contact of the puncturing element with the cartridge ([0099]); and
dispensing the flowable material from the opened cartridge via a dispensing spout of the lid of the refillable canister ([0094]).
Claims 1, 7-8, 21, and 24-26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 5642838 to Stoody.
As per claims 1 and 21, Stoody discloses a system for dispensing a flowable material, comprising:
a container (33) including an outer housing and an inner cavity (Fig. 5-6),
a cartridge (29) residing in the inner cavity of the container, the cartridge including the flowable material (Col. 5, ln. 16-18);
a lid (37) coupled to the open end (Fig. 5) of the container and contacting a top (11) of the cartridge ; and
a puncturing element (37f) residing in an interior of the lid (Fig. 5-6) and forming a spout (Fig. 5-6);
wherein the puncturing element is configured to perforate and separate a portion of the top of the cartridge and enable a fluidic communication between the cartridge and the dispensing spout (Fig. 5-6).
As per claim 7, Stoody further discloses wherein the puncturing element is configured to perforate and separate a portion of a top of the cartridge from a remainder of the cartridge (Fig. 5-6).
As per claims 8 and 24, Stoody further discloses the puncturing element is configured to perforate the top of the cartridge along a weak region (17B, 17C). Stoody does not explicitly disclose the weak region being “scored”. However, this limitation is considered as product-by-process. Even though product-by-process limitations are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. There appears no structural difference between the product of Stoody and the product of claim 3 of the instant application.
As per claim 25, Stoody further discloses the puncturing element is configured to separate at least two-thirds of the portion of the top of the cartridge along the scored region (Fig. 1-6).
As per claim 26, Stoody discloses a method of using a refillable canister for dispensing a flowable material, the method comprising:
loading the refillable canister (33) with a cartridge (29) comprising the flowable material (Col. 5, ln. 16-18), the refillable canister including a housing with an inner cavity retaining the cartridge (Fig. 5-6), a lid (37) coupled to the housing (Fig. 5), and a puncturing element (37f) residing in an interior of the lid (Fig. 5-6);
closing the lid of the loaded refillable canister to allow the puncturing element to come in contact with the cartridge (Col. 6, ¶ 1-2);
actuating an opening of the cartridge, upon contact of the puncturing element with the cartridge (Col. 6, ¶ 1-2); and
dispensing the flowable material from the opened cartridge via a dispensing spout (37f) of the lid of the refillable canister (Fig. 5-6).
Claim Rejections - 35 USC § 103
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.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over US 5642838 to Stoody in view of US 11958662 to Boer et al.
As per claim 9, Stoody discloses the claimed invention except for the cartridge generating an audible indicator when punctured. Boer teaches a dispenser comprising a cartridge (100, 202, 204, 212) and a lid (300), wherein the lid has a puncturing element (304, 305) wherein the cartridge has a frangible top (208, 210) such that the cartridge generates an audible indicator when punctured (Col. 7, Ln. 39-48; Col. 15, 24-34). It would have been obvious for one of ordinary skill in the art at the time the application was effectively filed to modify Stoody according to the aforementioned teachings from Boer to similarly provide for the cartridge to generate an audible indicator when punctured for reasons including to alert a user that the cartridge has been punctured.
Claims 27-29 are rejected under 35 U.S.C. 103 as being unpatentable over US 5642838 to Stoody in view of Official Notice.
As per claim 27, Stoody further discloses the puncturing element is configured to perforate the top of the cartridge along a weakened region formed by thinned material (17B, 17C; Col. 4, ln. 45-56) by the puncturing element upon closure of the lid (Col. 6, ¶ 1-2). Stoody does not explicitly disclose the weak region being “scored”. However, the Office makes Official Notice that it is old and well known in the art to form weakened regions by a plurality of ways, including molding or scoring. It therefore would have been obvious for one of ordinary skill in the art at the time the application was effectively filed to form the weakened region of Stoody by any of known methods – i.e. scoring.
As per claim 28, Stoody further discloses the puncturing element comprises a piercer (bottom surface of 37f) and at least one extension (conical wall of 37 f) extending from the piercer, and wherein the piercer perforates the top of the cartridge and the at least one extension pushes the top of the cartridge downward away from the perforated region (Fig. 5-6).
As per claim 29, Stoody further discloses wherein a two-thirds portion of the top of the cartridge is separated from a body of the cartridge along the scored region (Fig. 1-6).
Claim 30 is rejected under 35 U.S.C. 103 as being unpatentable over US 20160001959 Long et al in view of US 8109236 to Brodowski et al.
As per claim 30, Long discloses the claimed invention except for feedback upon opening of the cartridge. Brodowski teaches a fluid dispenser comprising a lid having a puncturing element (140) for opening a reservoir (100), wherein positive tactile feedback is provided to let a user know the reservoir has been pierced (Col. 2, Ln. 7-13). It would have been obvious for one of ordinary skill in the art at the time the application was effectively filed to modify Long according to the aforementioned teachings from Brodowski and similarly provide a tactile feedback to a user upon opening of the cartridge for reasons including to let a user know the cartridge has been pierced.
Conclusion
The prior art made of record in FORM PTO-892 and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Randy Gruby, whose telephone number is (571) 272-3415. The examiner can normally be reached from Monday to Friday between 8:00 AM and 5:00 PM.
If any attempt to reach the examiner by telephone is unsuccessful, the examiner’s supervisor, Paul Durand, can be reached at (571) 272-4459.
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/R.A.G/Examiner, Art Unit 3754
/PAUL R DURAND/Supervisory Patent Examiner, Art Unit 3754 February 9, 2026