3DETAILED 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 .
The amendment filed on 5/21/2026 has been entered.
Response to Arguments
Applicant’s arguments, see pages 6-7, filed on 5/21/2026, with respect to the rejection(s) of claim(s) 1-20 under 35 USC § 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Drummond (US 8,651,311).
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, 3-6, 9, 11-15 and 17-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Drummond (US 8,651,311).
Regarding claim 1, Drummond discloses a flip-to-fill scoop for a jar (fig.1-8) comprising: a scoop rim (160) separate from a lip (120) and a lid (158) of the jar and sized to fit between the lip and the lid of the jar (see fig.5); a bucket located within a perimeter defined by the scoop rim (see bucket in fig.5); and one or more stanchions (140, 144, 150) connecting the bucket to the scoop rim and positioning the bucket below the scoop rim (see fig.5).
Regarding claim 3, Drummond discloses the stanchions position the bucket offset from a center of the perimeter defined by the scoop rim (see fig.5).
Regarding claim 4, Drummond discloses the stanchions comprise two stanchions located on opposing sides of the bucket (see fig.5).
Regarding claim 5, Drummond discloses the bucket is a spherical cap (see fig.5, also col 4, ll.16-29; “bowl”).
Regarding claim 6, Drummond discloses the scoop rim is continuous around the bucket (see fig.5).
Regarding claim 9, Drummond discloses a handle connected to the bucket to aid a user in physically manipulating the flip-to-fill scoop (marked are 128 as handle).
Regarding claim 11, Drummond discloses the flip-to-fill scoop is a unitary plastic structure (see fig.5; col 4, ll.30-32).
Regarding claim 12, Drummond discloses a method of using a flip-to-fill scoop to retrieve product from a jar (see fig.1-8), comprising: positioning a scoop rim (160) of the flip-to-fill scoop separate from a lip (120) and a lid (158) of the jar (110) between the lip and the lid of the jar (see fig.5); filling a bucket located within a perimeter defined by the scoop rim with the product (filling bucket in fig.5), wherein one or more stanchions connect the bucket to the scoop rim and position the bucket below the scoop rim (via 140, 150, 144); and pouring the product from the flip-to-fill scoop (filling and pouring the bucket via 128).
Regarding claim 13, Drummond discloses removing the lid from the jar (see fig.5); and responsive to the positioning operation, replacing the lid on the jar with the flip-to-fill scoop secured therebetween (see fig.5).
Regarding claim 14, Drummond discloses the filling operation includes: inverting the jar; and returning the jar to an upright position (via inverting fig.5).
Regarding claim 15, Drummond discloses pouring operation is responsive to: removing the lid from the jar; and removing the flip-to-fill scoop from the jar (see fig.5, via removing 128 from 150 and 144).
Regarding claim 17, Drummond discloses the stanchions position the bucket offset from a center of the perimeter defined by the scoop rim (see fig.5).
Regarding claim 18, Drummond discloses the stanchions comprise two stanchions located on opposing sides of the bucket (see fig.5).
Regarding claim 19, Drummond discloses the bucket is a spherical cap (see fig.5).
The device shown by Drummond will perform the method recited in claims 12-15 and 17-19 during normal use and operation of the dispensing device.
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.
Claims 2, 7, 16 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Drummond (US 8,651,311) in view of Ekkert (US 2005/0035122).
Regarding claims 2 and 16, Drummond is silent in disclosing the bucket includes a pour spout. from which the product is poured in the pouring operation. However, Ekkert teaches the commonality of having a bucket with a pour spout ([0025], 326, see fig.4). It would have been obvious to one having ordinary skill in the art before the effective filling date of the application to modify the bucket of Drummond as such to include a spout as taught by Ekkert, in order to guide the pouring of the material more effectively.
The device shown by Drummond and Ekkert will perform the method recited in claim 16 during normal use and operation of the dispensing device.
Regarding claim 7, Drummond is silent in disclosing the scoop rim is discontinuous around the bucket. However, Ekkert teaches the commonality of having a bucket with discontinuous rim (see area 326 of 322 in fig.4). It would have been obvious to one having ordinary skill in the art before the effective filling date of the application to modify the bucket of Drummond as such to include a discontinues rim as taught by Ekkert, in order to offer an alternative rim shape.
Regarding claim 20, Drummond discloses a flip-to-fill scoop for a jar (see fig.1-8) comprising: a continuous scoop rim (160) separate from a lip (120) and a lid (158) of the jar and sized to fit between the lip and the lid of the jar (see fig.5); a spherical cap bucket (see fig.5, also col 4, ll.16-29; “bowl”); and stanchions connecting the bucket to the scoop rim and positioning the bucket below the scoop rim (see fig.5, via 150, 144 and 140).
Drummond is silent in disclosing the bucket includes a pour spout located within and offset from a center of a perimeter defined by the scoop rim. However, Ekkert teaches the commonality of having a bucket with a pour spout ([0025], 326, see fig.4). It would have been obvious to one having ordinary skill in the art before the effective filling date of the application to modify the bucket of Drummond as such to include a spout as taught by Ekkert, in order to guide the pouring of the material more effectively.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over
Drummond (US 8,651,311) in view of Li (CN 110040355 A).
Drummond is silent in disclosing a gasket or sealing feature on the scoop rim to seal against one or both of the lip and the lid of the jar. However, Li teaches the commonality of having a gasket or sealing feature on the scoop rim to seal against one or both of the lip and the lid of the jar (see fig.1, sealing ring 4 is between the scoop rim and the lip). It would have been obvious to one having ordinary skill in the art before the effective filling date of the application to add a gasket or sealing ring to the bucket of Drummond as taught by Li, in order to improve the sealing of the device and prevent any spillage.
Allowable Subject Matter
Claim 8 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
State of the Prior Arts
Regarding claims 1, 12 and 20, the prior arts to Drummond (US 8,651,311), Molen (WO 2007131806 A1), Obeck (DE 202017102667 U1) and Vogel (US 2014/0299567) as cited in PTO-892, either individually or in combination are disclosing/teaching significant pertinent structures or features to the applicant’s claimed invention with regard to a flip-to-fill scoop for a jar having a scoop rim separate from a lip and a lid of the jar and sized to fit between the lip and the lid of the jar; a bucket located within a perimeter defined by the scoop rim; and one or more stanchions connecting the bucket to the scoop rim and positioning the bucket below the scoop rim. It appears that claims 1, 12 and 20 do not provide any inventive concept over the cited prior arts.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Bob Zadeh whose telephone number is (571)270-5201. The examiner can normally be reached Monday-Friday 8am-4pm E.
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/BOB ZADEH/Primary Examiner, Art Unit 3754
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