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 .
This Office Action is in response to the applicant’s filing on 06/10/2025.
Claim 1 is pending and examined below.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/10/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,987,486. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 of the U.S. Patent discloses all the same limitations as claimed in the present claim.
Claim Objections
Claim 1 is objected to because of the following informalities. Appropriate correction is required.
Regarding claim 1 line 10, the phrase “an open exit port of tunnel” appears to be a typographical error and should be written as “an open exit port or tunnel”.
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 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by reference Berry (3,809,768).
Regarding claim 1, Berry discloses an apparatus (figure) for processing sealed plastic containers (R) having a first headspace, wherein the apparatus (figure) comprises:
an open entry port (8) or tunnel for continuously receiving containers (R);
a sanitizer (10) configured to sanitize outside surfaces of the received containers by sterilization or pasteurization;
a perforator (5) configured to perforate or open a cap or seal of the containers (R) within the apparatus (figure);
a sealer (7) configured to seal the perforation or opening formed in the cap or seal of the containers (R);
an open exit port (9) or tunnel for continuously exiting the processed containers (R); and
a conveyor system (col 2 ln 54) configured to transporting or convey the containers (R) from the open entry port or tunnel (8), through and within the apparatus (figure), to the open exit port or tunnel (9) and away from the sanitized environment of the apparatus (figure),
wherein the apparatus is configured to:
maintain a sanitized environment of the containers (R) within the apparatus (figure);
maintain a sanitized environment of the containers, caps or seals of the containers within the perforator; and
maintain a sanitized environment of the containers (R), caps or seals of the containers (R) within the sealer.
(Figure and Column 2 lines 42-44, 49-54, 64-70, Column 3 lines 1-8, 15-23)
In column 2 lines 49-51, Berry discloses a slight over-pressure is created within the containers. Therefore, Berry is interpreted to disclose the containers have a first headspace pressure.
In column 3 lines 1-8, Berry discloses the environment within the enclosure (4) is maintained as a sterilized environment. Therefore, Berry is interpreted to disclose the process of maintaining a sanitized environment of the containers and the caps or seals.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK B FRY whose telephone number is (571)272-0396. The examiner can normally be reached on Mon-Thur 7am-4pm.
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, Shelley Self can be reached at (571) 272-4524. 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.
/PATRICK B FRY/Examiner, Art Unit 3731 March 5, 2026
/SHELLEY M SELF/Supervisory Patent Examiner, Art Unit 3731
Prosecution Insights