DETAILED ACTION
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)(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.
Claim(s) 1-7 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Reckitt (WO 23156750).
Claim 1, Reckitt discloses a cabinet (page 1) defining a cartridge port (cartridge receiver 4);
a dispensing actuator (7) coupled to the cabinet and extending into the cartridge port; and
a dispensing cartridge (1) selectively received by the cartridge port, wherein the dispensing cartridge selectively engages the dispensing actuator when in an installed position within the cartridge port, and wherein the dispensing cartridge includes (FIG 1-13):
an engagement panel (end of 1 opposing opening 8; FIG 1-13) including a supplemental receiver (FIG 1 and 11; receiving section within the cartridge which receives modular compartment);
a nesting portion (page 16, lines 3-12) coupled to the engagement panel, wherein the nesting portion includes a first reservoir configured to house a first laundry chemistry; and
an insert portion (page 16, lines 3-12) including a second reservoir configured to house a second laundry chemistry, wherein the insert portion is configured to selectively engage the supplemental receiver to couple with the engagement panel.
Claim 2, Reckitt discloses wherein the first reservoir has a greater volume than the second reservoir (page 16).
Claim 3, Reckitt discloses wherein the engagement panel has a width that is greater than a width of the nesting portion to provide a receiving space for the nesting portion (page 16, lines 3-12; nesting portion is inherently smaller than the width of the engagement panel).
Claim 4, Reckitt discloses wherein the nesting portion is disposed adjacent to and extends along a sidewall of the insert portion (page 16-17).
Claim 5, Reckitt discloses wherein the first and second laundry chemistries are configured to be dispensed in different quantities during a wash cycle (page 17-18).
Claim 6, Reckitt discloses a cover (9, 10; FIG 1-13) operably coupled with the cabinet and configured to at least partially retain the dispensing cartridge in the cartridge port.
Claim 7, Reckitt discloses wherein the engagement panel includes a handle extending along an edge thereof (handle opposing opening 8; FIG 1-13).
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.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 12351970. Although the claims at issue are not identical, they are not patentably distinct from each other.
Allowable Subject Matter
Claims 8-20 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEREMY W CARROLL whose telephone number is (571)272-4988. The examiner can normally be reached M-F 8 AM - 5 PM.
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JEREMY W. CARROLL
Primary Examiner
Art Unit 3754
/Jeremy Carroll/Primary Examiner, Art Unit 3754
