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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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.
Claim(s) 1-4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Saito et al. (US Patent No. 4,465,183).
Re: Claim 1, Saito discloses the claimed subject matter including a dispensing container comprising:
a container body (4) including a mouth circumferential wall (6) and an engaged portion (Fig. 1, shoulder between body and mouth); and
a dispensing tool (2) including a dispensing tool body (9)and a rotation stopper (3) (Fig. 1), the rotation stopper having an engaging portion (18), wherein the dispensing tool body is removable by unscrewing from a state in which the dispensing tool body is screwed in a use position for dispensing contents of the container body with respect to the mouth circumferential wall (Fig. 1, Col. 2, lines 63-68, removable by screwing), and
when the dispensing tool body is in the use position (Depicted in Fig. 5), the rotation stopper is movable in an axial direction of the mouth circumferential wall in response to an operation at least from an engaged position to a disengaged position, between the engaged position, in which the engaging portion engages with the engaged portion so that the engaging portion restricts rotation in an unscrewing direction of the dispensing tool body with respect to the mouth circumferential wall, and the disengaged position, in which the engaging portion does not engage with the engaged portion (Depicted between Figs. 4-5, Col. 3, lines 1-12, dispensing tool moved to engaged use position).
Re: Claim 2, Saito discloses the claimed invention including the dispensing tool includes a cap (24) that is removable from the dispensing tool body by unscrewing in a same rotational direction as the unscrewing of the dispensing tool body from the mouth circumferential wall (Fig. 1, Col. 3, lines 10-12, unscrewed cap for using).
Re: Claim 3, Saito discloses the claimed invention including the dispensing tool body includes a mounting tube (16), and the mounting tube makes the dispensing tool body removable from the use position by unscrewing (via 15) with respect to the mouth circumferential wall (Fig. 3, Col. 2, lines , and the rotation stopper is connected to the mounting tube (via 15), so that relative rotation to both sides in a circumferential direction is restricted and relative movement to both sides in the axial direction is permitted (Figs. 1-3, Col. 2, lines 29-45, relative movement is prevented once connected).
Re: Claim 4, Saito discloses the claimed invention including
the dispensing tool body is attachable to a temporary holding position with respect to the mouth circumferential wall (Depicted in Fig. 1), and the dispensing tool body includes an abutting portion (12) (Fig. 1),
in response to an operation of moving the dispensing tool body from the temporary holding position to the use position, the abutting portion abuts against a sealing member (8) of the container body when the abutting portion moves into the container body on an inner side in a radial direction of the mouth circumferential wall, to thereby open the container body (Col. 3, lines 3-6, sealing member broken by abutting portion), and
the dispensing tool includes a stopper (22) that is removable from an opening restriction position for restricting movement of the dispensing tool body from the temporary holding position to the use position (Fig. 1, Col. 2, lines 63-67, stopper removed to allow movement of the dispensing body into a use position).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. References cited on the PTO-892 provide additional examples of references with movement preventing means.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES P. CHEYNEY whose telephone number is (571)272-9971. The examiner can normally be reached Monday - Friday, 8:00 am - 4:30 pm.
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/CHARLES P. CHEYNEY/Primary Examiner, Art Unit 3754
