DETAILED ACTION
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 .
Election/Restrictions
Claim 4 stands withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 7 April 2026.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 1-2 is/are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Fily (US 2014/0183223).
Fily discloses a dual container, comprising: a container body (body 14, collapsible tube 12 and housing 56); and a mouth portion attachment, wherein the container body includes an inner bag (collapsible tube 12, housing 56) and an outer shell (body 14) that is disposed to cover the inner bag; the inner bag is configured to be extractable from the container body (outer shell); and the mouth portion attachment (closure 60, cap 42 and collar 38) is attached to a mouth portion of the inner bag and includes a main body portion (collar 38), a band portion (projection 54 on cap 42) having an engaging portion (inner wall of projection 54 contacts closure 60 which engages inner bag, see Fig. 2) that engages with the inner bag, and a breakable connecting portion (collar 38 detaches from cap 42 as shown in Fig. 1 and 4) connecting the main body portion (collar 38) and the band portion (projection 54), wherein by breaking the connecting portion to separate the band portion (projection 54) from the main body portion (collar 38)(as shown in Fig. 1), the main body portion (collar 38) and is configured to be removable from the mouth portion (of the inner bag).
Re claim 2, the mouth portion attachment (60, 42, 38) is attached to the mouth portion (56a) of the inner bag by pushing-in (as discussed in paragraph [32], lines 6-8 when discussing snap-fit and friction fit configurations) and the inner bag 56 is configured to be extractable from the container body [outer shell (body 14)] by pulling on the mouth portion attachment (cap 42 as shown in Fig. 1).
Claim(s) 1 and 52 is/are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Norio et al. (JP 2018134813) (Norio).
Norio is a preform assembly. The structure of the preform assembly forms a dual container as claimed.
Norio discloses a dual container (see Fig. 4), comprising: a container body (inner bag 33, 33a, 33b and outer container 31, 31a, see Fig. 4 or double coupling container 30 as shown in Fig. 3); and a mouth portion attachment (check valve cap 50 and a plethora of components with reference numbers from 50-73), wherein the container body includes an inner bag (inner bag 33) and an outer shell 31 that is disposed to cover the inner bag; the inner bag is configured to be extractable from the container body (see Fig. 2); and the mouth portion attachment is attached to a mouth portion of the inner bag (see Fig. 4) and includes a main body portion (elements that include the check valve and elements 53, 71, 73, 71a, 71b, 73a), a band portion (elements 51 and 57) having an engaging portion (internal threads) that engages with the inner bag, and a breakable connecting portion (main body is pushed into downwardly recessed cavity of band portion) connecting the main body portion and the band portion, wherein by breaking the connecting portion to separate the band portion from the main body portion, the main body portion and is configured to be removable from the mouth portion.
Re claim 52, the inner bag includes a protrusion (outwardly extending portion of neck of inner bag 33 and forming an overhanging ledge whose underside is in abutting contact with the upper edge of outer shell 31 as shown in Fig. 4) that protrudes from an opening end of the outer shell, and the protrusion includes an abutting flange (overhanging ledge) that abuts the opening end (upper edge) of the outer shell.
Response to Arguments
Applicant's arguments filed 19 August 2026 have been fully considered but they are not persuasive. The statement of rejection for the 102 rejection applying Fily has been expanded to address the added limitations added to claim 1 and claim 2.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHEN J CASTELLANO whose telephone number is (571)272-4535. The examiner can normally be reached Monday - Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Jenness can be reached at 571-270-5055. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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sjc/STEPHEN J CASTELLANO/ Primary Examiner, Art Unit 3733
