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
Applicant’s election without traverse of Group I, claims 1-3 in the reply filed on 7 April 2026 is acknowledged.
Claims 4-16 have been withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 § 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 3 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 3 states in line 2 that the mouth portion attachment includes an engaging portion. Then, in lines 4-5 states the process of removing a portion having the engaging portion from the mouth portion attachment. This seems to contradict the statement in line 2 that the engaging portion is always an included part of the mouth portion attachment.
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) 1-3 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; 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 (rigid removable closure 60) is removably attached to a mouth portion (upper end 56a) of the inner bag and is configured to be removable from the mouth portion (56a). See paragraph [32], lines 1-3.
Re claim 2, the mouth portion attachment (60) 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.
Re claim 3, the mouth portion attachment (60) includes an engaging portion (inner surface portion of closure 60) that engages with the inner bag (engages the outer surface of the inner bag or housing 56); and the mouth portion attachment (60) is configured to be removable from the mouth portion (56a) by removing a portion (60) having the engaging portion (inner surface portion of closure 60) from the mouth portion (56a).
Conclusion
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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sjc/STEPHEN J CASTELLANO/ Primary Examiner, Art Unit 3733
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