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 .
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-4, 10, and 12-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gueret (US 4964541).
Regarding claim 1, Gueret discloses a dispensing device (figure 4; dispenser dispenses pasty substances and thus capable of holding and dispensing toothpaste) comprising:
a container comprising a body defining a first cavity (item 401, figure 4) containing a toothpaste (item 403, figure 4);
a dispensing passageway extending from the first cavity of the body to a dispensing aperture, wherein the toothpaste is configured to flow through the dispensing passageway when being dispensed from the body (flow through item 414 to item 415, figure 4);
an additive container (item 422, figure 4) positioned around at least a portion of the dispensing passageway, the additive container comprising a second cavity containing an additive (item 404, figure 4);
at least one additive passageway extending from the second cavity of the additive container to the dispensing passageway, wherein the additive is configured to flow from the second cavity, through the at least one additive passageway, and into the dispensing passageway for mixing with the toothpaste as the toothpaste is being dispensed from the body (items 445 and 461, figure 4; col. 6, lines 14-21);
and wherein the size of at least a portion of the at least one additive passageway is adjustable (col. 6, lines 1-3).
Regarding claim 2, Gueret discloses the dispenser according to claim 1, wherein the size of the at least one portion of the at least one additive passageway is adjustable between:
a closed state wherein the additive agent is prevented from flowing to the dispensing passageway (col. 6, lines 25-28);
a fully open state wherein the size of the portion of at least one additive passageway is a maximum size (col. 6, lines 1-3);
at least one intermediate open state wherein the portion of the at least one additive passageway is at least partially open and the size is less than the maximum size (col. 6, lines 1-3).
Regarding claim 3, Gueret discloses the dispenser according to claim 1, further comprising:
the toothpaste container further comprising a nozzle protruding from an end of the body (item 457, figure 4), the nozzle comprising an outer surface (see annotated figure below), an inner surface that defines the dispensing passageway (see annotated figure below), and at least one opening extending from the outer surface to the inner surface (item 461, figure 4);
PNG
media_image1.png
158
278
media_image1.png
Greyscale
the additive container positioned around the nozzle and comprising an inner surface (item 412, figure 4) having at least one opening (item 445, figure 4),
wherein the additive container is rotatable relative to the nozzle (col. 5, lines 67-68) to adjust an angular position of the at least one opening of the additive container relative to the at least one opening of the nozzle to adjust the size of the portion of the at least one additive passageway (col. 5-6, lines 67-3).
Regarding claim 4, Gueret discloses the dispenser according to claim 1, further comprising:
the toothpaste container further comprising a nozzle protruding from an end of the body (item 457, figure 4), the nozzle comprising an outer surface (see annotated figure above), an inner surface that defines the dispensing passageway (see annotated figure above), and at least one opening extending from the outer surface to the inner surface (item 461, figure 4);
the additive container positioned around the nozzle and comprising an inner surface having at least one opening that is radially aligned with the at lest one opening of the nozzle (col. 5, lines 62-66);
wherein the at least one additive passageway comprises the at least one opening of the nozzle and the at least one opening of the additive container (items 445 and 461, figure 4).
Regarding claim 10, Gueret discloses the dispenser according to claim 1, wherein the additive container comprises a bottom end that is adjacent to the body (bottom of item 402, figure 4), a top end opposite the bottom end (top of item 402, figure 4), and a through-hole that extends from the bottom end to the top end (item 414, figure 4), wherein the container comprises a nozzle extending from the body (item 457, figure 4), at least a portion of the nozzle being located within the through-hole of the additive container (figure 4), wherein the nozzle comprises a first portion that is located within the through-hole of the additive container and a distal portion that protrudes from the top end of the additive container (see annotated figure below), and wherein the dispenser further comprises an adjustment mechanism configured to adjust the size of the portion of the at least one additive passageway, to enable a user to manipulate the adjustment mechanism (col. 5-6, lines 67-3 and col. 6, lines 14-21).
PNG
media_image2.png
151
318
media_image2.png
Greyscale
Regarding claim 12, Gueret discloses the dispenser according to claim 1, further comprising an adjustable filter member (item 457, figure 4) configured to adjust the size of the portion of the at least one additive passageway to control an amount of the additive agent that is permitted to flow through the at least one additive passageway and into the dispensing passageway (col. 5-6, lines 67-3 and col. 6, lines 14-21).
Regarding claim 13, Gueret discloses the dispenser according to claim 1, wherein the toothpaste contained in the body is unflavored (pasty substance 403, figure 4), and wherein the toothpaste is configured to mix with the additive agent in the dispensing passageway prior to being dispensed from the dispensing aperture of the dispenser (col. 6, lines 14-21).
Regarding claim 14, Gueret discloses the dispenser according to claim 1, wherein the additive container is detachably coupled to the toothpaste container to permit an end user to swap out the additive container for a second additive container containing a second additive that is different than the additive (col. 4, lines 47-51).
Regarding claim 15, Gueret discloses the dispenser according to claim 1, wherein the body of the container extends along a longitudinal axis (col. 6, lines 9-10), wherein the dispensing passageway extends from the body in a direction of the longitudinal axis (figure 4), and wherein the at least one additive passageway extends in a direction that is non-parallel relative to the longitudinal axis (col. 5, lines 64-65).
Regarding claim 16, Gueret discloses the dispenser according to claim 1, further comprising an adjustable filter member (item 457, figure 4) configured to adjust the size of the portion of the at least one additive passageway to control an amount of the additive that is permitted to flow through the at least one additive passageway and into the dispensing passageway (col. 5-6, lines 67-3 and col. 6, lines 14-21), wherein rotation of the adjustable filter member relative to the dispensing passageway alters a percentage of the portion of the at least one additive passageway that is blocked by the adjustable filter member (col. 5-6, lines 67-3).
Regarding claim 17, Gueret discloses the dispenser according to claim 1, further comprising an adjustable filter member (item 457, figure 4) configured to adjust the size of the portion of the at least one additive passageway to control an amount of the additive that is permitted to flow through the at least one additive passageway and into the dispensing passageway (col. 5-6, lines 67-3 and col. 6, lines 14-21), wherein rotation of the adjustable filter member relative to the dispensing passageway modifies a cross-sectional area the portion of the at least one additive passageway (col. 5-6, lines 67-3).
Claim Rejections - 35 USC § 103
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 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 8 is rejected under 35 U.S.C. 103 as being unpatentable over Gueret second embodiment in view of Gueret first embodiment.
Regarding claim 8, Gueret second embodiment discloses the dispenser according to claim 1, further comprising a cap detachably coupled to the container to close the dispensing aperture of the dispensing passageway (item 407, figure 4).
However, Gueret second embodiment is silent on wherein the cap closes the at least one additive passageway.
Gueret first embodiment discloses a cap (item 307, figure 1) to close the dispensing aperture of the dispensing passageway, wherein the cap is coupled to the container, the at least one additive passageway is forced into a closed state to prevent the additive agent from flowing the second cavity of the additive container into the dispensing passageway (col. 4, lines 52-56).
It would have been obvious to one of ordinary skill in the art at the time of the invention
was made to modify the cap of Gueret second embodiment to close the additive passageway as disclosed in Gueret first embodiment in order to protect additive agent and prevent additive agent flow when in storage.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Gueret in view of Waggoner et al. (US 20160150914 A1).
Regarding claim 9, Gueret discloses the dispenser according to claim 1, but is silent on the size of the at least one additive passageway.
Waggoner et al. discloses a dispenser wherein the size of the portion of the at least one additive passageway (item 124, figure 12) has a maximum diameter of 1mm or less (¶ [0038]).
It would have been obvious to one of ordinary skill in the art at the time of the invention
was made to form the additive passageways of Gueret with a maximum diameter of 1mm or less in order to provide for suitable metering of additive agent, while permitting retention of additive agent in the additive container as taught by Waggoner et al.
Allowable Subject Matter
Claims 18-21 are allowed.
Claims 5-7 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.
The following is a statement of reasons for the indication of allowable subject matter:
Claims 5 and 18 are allowed primarily because the prior art of record cannot anticipate Applicant’s claimed invention by a single reference nor render Applicant’s claimed invention obvious by the combination of more than one reference.
The prior art of record do not teach a dispenser comprising an “adjustable filter member located between the outer surface of a nozzle and the inner surface of an additive container”, and “wherein the filter member is movable relative to the nozzle” as within the context of the claimed invention as disclosed and within the context of the other limitations present in claims 5 and 18.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NOAH J ARIF whose telephone number is (571)272-9620. The examiner can normally be reached 9am-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Paul R Durand can be reached at (571)272-4459. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/NOAH JACOB ARIF/Examiner, Art Unit 3754
/PAUL R DURAND/Supervisory Patent Examiner, Art Unit 3754 September 10, 2026
Prosecution Insights