CTNF 19/131,794 CTNF 84732 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 § 112 07-30-02 AIA 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. 07-34-01 Claims 4, 6, and 12 are 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 4 recites a filling angle in a range of 1-30 degrees form horizontal, or an angle in the range of 1-10 degrees from horizontal. This limitation is indefinite since it is not clear which range a prior art device would need to use in order to anticipate claim 4. Claim 6 recites a filling orientation in which a planar boundary wall is tilted relative to a horizontal orientation in only one dimension, or in two dimensions. This limitation is indefinite since it is not clear which orientation would be needed by a prior art device to anticipate claim 6. Claim 12 recites the limitation of an inlet being located at at least one boundary wall or not located at at least one boundary wall. This limitation is indefinite, since it is not clear where the inlet must be located to anticipate claim 12. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15-aia AIA Claim(s) 1-3, 6, 15-17, and 20-22 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by US Patent 11,253,006 (Memari) In Re claim 1 Memari discloses a refilling system comprising an article (1) of an aerosol provision system, the article comprising a storage area for fluid (48), one or more orifices (orifice in element 29) for ingress of fluid into the storage area and egress of air out of the storage area, and boundary walls defining the storage area, the boundary walls including a boundary wall which is straight along at least one dimension (boundary walls shown in Figures 4 and 11); and a refilling device (3) for filling the article from a reservoir in the refilling device (reservoir shown in Figure 10), the refilling device comprising an article interface (holder 2) for receiving the article and holding the article during filling, wherein the article interface is configured to hold the article in a filling orientation during filling in which the said boundary wall is uppermost and the straight dimension is at a non-zero angle less than 90 degrees to the horizontal, such that a surface of fluid in the storage are is non-parallel to the straight dimension (Filling shown in Figure 9). In Re claim 2 Memari receives the article directly in the filling orientation (article receipt shown in Figure 8). In Re claim 3 Memari discloses an article reorientation system (article reorientation shown in Figures 8 and 10). In Re claim 6 Memari discloses an article which has a planar boundary wall which is tilted relative to a horizontal orientation in one dimension (shown in Figures 8 and 9). In Re claim 15 Memari discloses a single orifice for the ingress of fluid and the egress of air (orifice in element 29). In Re claim 16 Memari discloses an article having a longest dimension which is along a same direction as the straight dimension of the at least one boundary wall (orientation of boundary walls shown in Figure 8). In Re claim 17 Memari discloses an article having a shortest dimension which is 25% or less of the longest dimension (relative dimensions of the article shown in Figure 4). In Re claim 20 Memari discloses a refilling system comprising an article of an aerosol provision system (1), the article comprising a storage are for fluid (48), one or more orifices for egress of air out of the storage area and ingress of fluid into the storage area (orifice in element 29), and boundary walls defining the storage area (shown in Figures 4 and 11), the boundary walls including a pair of boundary walls that meet at a juncture (circular top portion of reservoir and cylindrical sidewall portion of reservoir); and a refilling device (3) for filling the article from a reservoir (shown in Figure 10) in the filling device, the refilling device comprising an article interface (2) for receiving the article and holding the article during filling, wherein the article interface is configured to hold the article in a filling orientation during filling in which the juncture between the pair of boundary walls is positioned as an uppermost part of the storage area (shown in Figure 8). In Re claim 21 Memari receives the article directly in the filling orientation (article receipt shown in Figure 8). In Re claim 22 Memari discloses an article reorientation system (article reorientation shown in Figures 8 and 10) . Claim Rejections - 35 USC § 103 07-21-aia AIA Claim (s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Memari . In Re claim 4 Memari discloses many limitations, but fails to disclose a filling orientation the straight dimension is an angle of 1-30 degrees from the horizontal. It would have been obvious to use a filling angle in the claimed range, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233 . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim s 9-11, 18-19, and 23-25 are 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. 07-43-02 AIA Claim 12 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US PGPub 2013/0126464 discloses an apparatus for filling a container while the container is in a tilted orientation . Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON KAROL NIESZ whose telephone number is (571)270-3920. The examiner can normally be reached M-F 9-5 EST. 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, Craig Schneider can be reached at 571 272 3607. 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. /JASON K NIESZ/Primary Examiner, Art Unit 3753 Application/Control Number: 19/131,794 Page 2 Art Unit: 3753 Application/Control Number: 19/131,794 Page 3 Art Unit: 3753 Application/Control Number: 19/131,794 Page 4 Art Unit: 3753 Application/Control Number: 19/131,794 Page 5 Art Unit: 3753 Application/Control Number: 19/131,794 Page 6 Art Unit: 3753
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