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 action is written in response to application number 19/322,953 filed 09/09/2025
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 14-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim1-2 and 14-19 of U.S. Patent No. 12,420,493. Although the claims at issue are not identical, they are not patentably distinct from each other because although not written verbatim, the subject matter of the issued patent and the current application have identical allowable subject matter. A chart analysis is given below.
Issued patents 12,420,493
Instant Application 19/322,953
13. (Original) A closure liner assembly configured for sealing an annular rim defining
an open mouth of a product container, the closure liner assembly comprising:
a primary liner (30; 330) of planar configuration with opposing top and bottom
surfaces and an annular periphery dimensioned to span the open mouth of the container,
the primary liner having multiple layers in a direction transverse to a plane defining the
open mouth of the container, the multiple layers including a lowermost heat induction heat seal layer forming the bottom surface for bonding to the rim of the container, an uppermost polymer layer forming the top surface, and an intermediate metal foil layer,
the primary liner having a restricted product orifice (34; 334; 34') with one or multiple openings and having a periphery smaller than the open mouth and extending in the transverse direction through the multiple layers of the primary liner;
a secondary liner (50; 350) of planar configuration disposed adjacent the top
surface of the primary liner and having a central portion dimensioned to cover the restricted product orifice and an outer peripheral portion that is smaller than the periphery of the primary liner,
a cap (20; 320) having a top wall and a depending annular skirt defining an inner
closure area configured to releasably engage with the neck of the container and including
a retainer portion for temporarily retaining the primary and secondary liners within the
inner closure area,
wherein said primary liner and secondary liner are positionable within the retainer
portion of the cap to form a closure liner assembly, and the closure liner assembly is
positionable to seal the open mouth of the product container by induction heat sealing of
the lowermost heat seal layer to the rim,
wherein upon removal of the cap from the container, the secondary liner remains
bonded to the top surface of the primary liner as a tamper evident closure of the restricted
product orifice, and the secondary liner is configured to be peeled from the top surface of
the primary liner to open the restricted product orifice to enable removal of the product, or the central portion of the secondary liner over the restricted product orifice is configured to be broached to open the product orifice to enable removal of the product.
2. (Original) An induction heat-sealable closure assembly having a restricted product
orifice, the closure assembly comprising: two liner components (140, 160; 240, 260) and
a closure cap (120; 220) that are assembled to form a closure assembly (180; 280), the two
liner components comprising: a multi-layer primary liner (140; 240) configured for
inductive heat sealing to a rim surrounding an open mouth of a container, a multi-layer
secondary liner (160; 260) having a restricted product orifice (165; 265) extending
therethrough that is smaller than the open mouth of the container and that is sized to
dispense product therethrough, the secondary liner configured to be permanently bonded
to the primary liner; the primary liner (140; 240) having a central area (144A; 244A) defined by a perforated edge (144P; 244P) that matches the diameter of the restricted product orifice (165; 265), wherein the perforated edge assists a user in broaching the central area (144A; 244A) of the primary liner thereby forming, together with the product orifice (165; 265), a combined restricted product orifice extending through both the primary and secondary liners for dispensing product therethrough.
14. (Original) A closure liner assembly configured for sealing an annular rim defining
an open mouth of a product container, the closure liner assembly comprising:
a primary liner (140; 240) of planar configuration with opposing top and bottom
surfaces and an annular periphery dimensioned to span the open mouth of the container,
the primary liner having multiple layers in a direction transverse to a plane defining the
open mouth of the container, the multiple layers including a lowermost heat induction heat seal layer forming the bottom surface for bonding to the rim of the container, an uppermost polymer layer forming the top surface, and an intermediate metal foil layer,
a secondary liner (160; 260) of planar configuration disposed adjacent the top
surface of the primary liner and having a restricted product orifice with a periphery
smaller than the open mouth and extending in the transverse direction and sized to dispense
product therethrough, the secondary liner configured to be permanently bonded to the primary liner,
a cap having a top wall and a depending annular skirt defining an inner closure area
configured to releasably engage with the neck of the container and including a retainer
portion for temporarily retaining the primary and secondary liners within the inner closure
area,
wherein said primary liner and secondary liner are positionable within the retainer
portion of the cap to form a closure liner assembly, and the closure liner assembly is
positionable to seal the open mouth of the product container by induction heat sealing of
the lowermost heat seal layer to the rim,
wherein upon removal of the cap from the container, the secondary liner remains
bonded to the top surface of the primary liner as a tamper evident closure of the restricted
product orifice, and the primary liner (140; 240) having a central area (144A; 244A)
defined by a perforated edge (144P; 244P) that matches the diameter of the restricted
product orifice (165; 265),
wherein the perforated edge assists a user in broaching the central area (144A; 244A) of the primary liner thereby forming, together with the product orifice (165; 265), a combined restricted product orifice extending through both the primary and secondary liners for dispensing product therethrough.
15. (Original) The closure liner assembly of claim 14, wherein the primary liner
comprises at least three layers.
15. (Original) The closure liner assembly of claim 14, wherein the primary liner comprises at least three layers.
16. (Original) The closure liner assembly of any of claims 14, wherein the secondary
liner comprises at least two layers.
16. (Original) The closure liner assembly of any of claims 14, wherein the secondary liner comprises at least two layers.
17. (Original) The closure liner assembly of any of claims 14, wherein the primary
liner and/or secondary liner comprise one or more metal layers.
17. (Original) The closure liner assembly of any of claims 14, wherein the primary liner and/or secondary liner comprise one or more metal layers.
18. (Original) The closure liner assembly of any of claims 14, wherein the primary
liner and/or secondary liner comprise one or more layers of PET and/or polyolefin film.
18. (Original) The closure liner assembly of any of claims 14, wherein the primary liner and/or secondary liner comprise one or more layers of PET and/or polyolefin film.
19. (Original) The closure liner assembly of any of claims 14, further comprising a
peelable liner (500) that is temporarily attached to the top surface of the secondary liner (160) to cover the restricted product orifice (165).
19. (Original) The closure liner assembly of any of claims 14, further comprising a peelable liner (500) that is temporarily attached to the top surface of the secondary liner (160) to cover the restricted product orifice (165).
Appropriate action is required.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAVEN COLLINS whose telephone number is (571)270-1672. The examiner can normally be reached Monday-Friday 8:30am to 5:00pm EST.
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/RAVEN COLLINS/Examiner, Art Unit 3735
/Anthony D Stashick/Supervisory Patent Examiner, Art Unit 3735
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