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 .
Response to Arguments
Applicant's arguments filed 17 July 2026 have been fully considered but they are not persuasive.
The Applicant argues on page 8 of the Remarks that part 12 in Fig. 2 does not satisfy the new limitation in claim 1 and others of “an elongate holder configured to extend within and substantially along the length of the interior of a tube for holding rolled paper-based cleaning products” while allowing the entire system to be lifted from the horizontal surface. This new limitation is addressed below in the 35 USC § 103 rejection in view of Pulch. Furthermore, the limitation of “substantially” is not defined by the disclosure and is addressed in the 35 USC § 112 rejection, below.
The Applicant argues on page 9 of the Remarks that the prior art does not disclose the new limitation of a handle having a downwardly-facing rounded surface configured for resting atop an index finger (or a variation thereof) in claims 1, 9, 14 and others; however, this new limitation is treated in this Action, below.
Claim Rejections - 35 USC § 112
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.
Claim(s) 1 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.
The term “substantially” in claim 1 is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claim Rejections - 35 USC § 103
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(s) 1-3 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pulch, et al. (“Pulch”) (U.S. Pub. 2007/0034650 in view of Tenbrink, et al. (“Tenbrink”) (U.S. Pub. 2010/0122993).
Regarding claim 1, Pulch discloses a freestanding sanitizer storage and dispensing system comprising:
a portable base (11) configured to rest on an upwardly facing horizontal surface and weighted to resist tipping without attachment to the surface;
an elongate holder (12) configured to extend within and substantially along the length of the interior of a tube for holding rolled paper-based cleaning products, the elongate holder structurally supported by the base (¶ [0040]: “the base (11) has an extension (12) that is long and narrow enough to significantly engage itself in the axial void space (14) of a tissue roll (2) (shown on FIG. 8) … The hollow body (7) can engage deeply into the extension (12) to provide a relatively larger reservoir (see FIG. 7)”; and
an elongate receptacle (7) configured to hold, and use a spray trigger (5) to dispense, liquid sanitizer;
a handle (8) accessible in a top region of the system and configured to allow the entire system to be lifted from the horizontal surface; wherein the system is configured to position the receptacle and the holder generally concentrically.
The elongate receptacle, which comprises the handle, may be threaded (¶ [0039]) onto the elongate holder, therefore, it would have been obvious to one with ordinary skill in the art, prior to the effective filing date of the claimed invention, to utilize threads or other robust detachable connection members to detachably attach the elongate receptacle to the elongate holder so that the entire system can be carried by the user via the handle.
Pulch is silent in regards to the handle having a downwardly-facing rounded surface configured for resting atop an index finger.
Tenbrink discloses a dispenser (10) with a downwardly-facing rounded surface (25) configured for resting atop an index finger, the rounded surface located proximate and below a dispensing outlet (18).
Therefore, it would have been obvious to one with ordinary skill in the art, prior to the effective filing date of the claimed invention, to borrow the teaching of Tenbrink to include a downwardly-facing rounded surface to Pulch’s handle so that it rests atop the user’s index finger to prevent dropping the dispenser if the user loses grip.
Regarding claim 2, Pulch discloses that the elongate holder is configured to surround and contain the elongate receptacle. (seen in Fig. 7)
Regarding claim 3, Pulch discloses that the elongate holder is configured to removably receive the elongate receptacle, the handle is connected to the elongate receptacle, and the receptacle and the handle are configured to connect to the system such that lifting the handle can lift the base, the holder, and the receptacle together to facilitate carrying the entire system.
The elongate receptacle, which comprises the handle, may be threaded (¶ [0039]) onto the elongate holder, therefore, it would have been obvious to one with ordinary skill in the art, prior to the effective filing date of the claimed invention, to utilize threads or other robust detachable connection members to detachably attach the elongate receptacle to the elongate holder so that the entire system can be carried by the user via the handle.
Regarding claim 14, Pulch discloses a freestanding system for storing and dispensing both paper towels and fluid cleaning material, the system comprising:
a freestanding horizontal base (11) with a perpendicular, cylindrical holder (12) configured to extend upwardly within and along a substantial interior length of a roll of paper towels (2) to surround (Fig. 1 illustrates base 11 larger than the OD of the roll) and hold the roll during a dispensing action;
a sprayer (3) configured to simultaneously extend axially at least partly within the holder and within the roll of paper towels and to contain liquid cleaning material, the sprayer having a low-profile spray trigger that does not extend radially beyond the holder (sprayer does not extend beyond the base of the holder in Fig. 1) or the roll (sprayer does not extend beyond the roll in Fig. 1); and
a carrying handle (8) configured to protrude above the roll (seen in Fig. 1) of paper towels (2) and facilitate grasping and carrying of the entire system;
the system configured to facilitate simultaneous removal or use of the sprayer with one hand of a user and dispensing paper towels from the roll with the other hand of the user.
Pulch is silent in regards to the handle having a downwardly-facing rounded surface.
Tenbrink discloses a dispenser (10) with a downwardly-facing rounded surface (25) configured for resting atop an index finger, the rounded surface located proximate and below a dispensing outlet (18).
Therefore, it would have been obvious to one with ordinary skill in the art, prior to the effective filing date of the claimed invention, to borrow the teaching of Tenbrink to include a downwardly-facing rounded surface to Pulch’s handle so that it rests atop the user’s index finger to prevent dropping the dispenser if the user loses grip.
Claim(s) 9-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pulch, et al. (“Pulch”) (U.S. Pub. 2007/0034650 in view of Tenbrink, et al. (“Tenbrink”) (U.S. Pub. 2010/0122993) and Cournoyer (U.S. Pat. 4,516,676).
Regarding claim 9, Pulch discloses a portable paper towel holder and liquid dispensing system comprising:
a tip-resistant base (11) configured for placement on a horizontal surface;
a handle (8);
an elongate rod (7, 12) sized to hold paper towel rolls (2) and extending perpendicularly from the base such that the tip of the rod and the carrying handle both protrude above the rolls (seen in Fig. 1); and
a removable spray tube (7) sized to fit within a paper towel roll while it is being held by the system, the spray tube comprising: a liquid reservoir (¶ [0032]); a spray trigger (5); and a manual dispenser (3) comprising a nozzle (4).
Pulch is silent in regards to the handle having a downwardly-facing rounded surface configured for resting atop an index finger.
Tenbrink discloses a dispenser (10) with a downwardly-facing rounded surface (25) configured for resting atop an index finger, the rounded surface located proximate and below a dispensing outlet (18).
Therefore, it would have been obvious to one with ordinary skill in the art, prior to the effective filing date of the claimed invention, to borrow the teaching of Tenbrink to include a downwardly-facing rounded surface to Pulch’s handle so that it rests atop the user’s index finger to prevent dropping the dispenser if the user loses grip.
Pulch fails to disclose that the removable spray tube is sized to allow removal of a paper towel roll while it is being held by the system.
Cournoyer discloses a similar apparatus with an elongate receptacle (50), with a nozzle (53) and a trigger (top of 52) sized to fit within an inner diameter (ID) of a paper towel roll allowing the removal of a paper towel roll while the removable spray tube is being held by the system.
Therefore, it would have been obvious to one with ordinary skill in the art, prior to the effective filing date of the claimed invention, to substitute Pulch’s pump (trigger and nozzle assembly) with Cournoyer’s pump, which is entirely within the footprint of the elongate receptacle, since doing so would be a mere substitution of one known pump configuration for another known pump configuration with the expected results that the substituted pump would dispense the contents out of the reservoir of the elongate receptacle (see MPEP 2143 I B).
Regarding claim 10, Pulch discloses that the removable spray tube further comprises the carrying handle (8).
Regarding claim 11, Pulch discloses that the removable spray tube (7) is sized for insertion into a substantial length (as seem in Fig. 7) of the elongate rod (12).
Regarding claim 12, Pulch discloses a releasable securement which requires pressure, such as grasping and/or twisting (¶ [0039]: the connection can be facilitated by threaded male and female members on the hollow body (7) … and the extension (12)) configured to allow the spray tube to initially connect to the system such that the entire system may be lifted using the handle, and subsequently disengage in response to pressure applied (see above) by the user such that a subsequent lifting action separates the removable spray tube from the system, after the releasable securement is unthreaded.
Regarding claim 13, Pulch discloses that the removable spray tube further comprises a straw (6) connecting the reservoir to the nozzle such that activation of the spray trigger causes fluid from the reservoir to flow through the straw and spray out the nozzle.
Claim(s) 5 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pulch and Tenbrink as applied to claim 1 above, and further in view of Cournoyer (U.S. Pat. 4,516,676).
Regarding claim 5, Pulch discloses that the elongate holder is a hollow supporting tube, the elongate receptacle further comprises an internal, fluid-tight reservoir (¶ [0033]) and a nozzle (4), and the receptacle is sized and configured to be positioned at least partly within the length of the supporting tube (seen in Figs. 2 and 7).
Pulch fails to disclose that the elongate receptacle is fully within a lateral footprint of the supporting tube, barring the nozzle.
Cournoyer discloses a similar apparatus with an elongate receptacle (50), with a nozzle (53) and a trigger (top of 52) fully within the footprint of the elongate receptacle.
Therefore, it would have been obvious to one with ordinary skill in the art, prior to the effective filing date of the claimed invention, to substitute Pulch’s pump (trigger and nozzle assembly) with Cournoyer’s pump, which is entirely within the footprint of the elongate receptacle, since doing so would be a mere substitution of one known pump configuration for another known pump configuration with the expected results that the substituted pump would dispense the contents out of the reservoir of the elongate receptacle (see MPEP 2143 I B) and therefore the elongate receptacle is fully within a lateral footprint of the supporting tube.
Regarding claim 6, Pulch discloses that the base is configured to rigidly position the hollow supporting tube perpendicularly to the horizontal surface to facilitate holding a full roll of paper towels (seen in Fig. 1), the elongate receptacle is configured to disengage from the system for independent use while the hollow supporting tube remains in place for supporting paper towels (seen in Fig. 8), and the receptacle is refillable (via orifice 9) and configured to allow a user to periodically dispense fluid from the nozzle. (¶ [0033])
Claim(s) 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pulch, Tenbrink and Cournoyer as applied to claim 6 above, and further in view of Simard (U.S. Pub. 2019/0329276).
Regarding claim 7, Pulch discloses that the elongate receptacle comprises: a removable lid (seen in Fig. 4 which removably covers orifice (9) on the open end (15) of the elongate receptacle) configured to allow a user to refill the reservoir the spray trigger operable to transfer fluid from the reservoir and out through the nozzle; and
neither the spray trigger nor the nozzle protrude beyond a lateral edge of the elongate receptacle, as modified by Cournoyer, thereby facilitating independent removal of the roll of paper towels.
The combination is silent in regards to a transparent portion configured to allow views of a filled state of the reservoir.
Simard discloses an elongate receptacle (Fig. 31: 106) configured with a transparent portion (¶ [0076]) and it would have been obvious to one with ordinary skill in the art, prior to the effective filing date of the claimed invention, to borrow the teaching of Simard's transparent portion so the user may see the fluid content thereof (¶ [0076]).
Regarding claim 8, Pulch discloses that the elongate receptacle further comprises a catch (8) for securing the receptacle to the dispensing system and a one-handed release configured to disengage the catch (unscrewing it with one hand) to allow a user to remove the receptacle for use. (¶ [0039]: “the connection can be facilitated by threaded male and female members on the hollow body (7), and/or the base (11) and/or the extension (12).”)
Claim(s) 15-17, 19 and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pulch and Cournoyer as applied to claim 14 above, and further in view of Simard (U.S. Pub. 2019/0329276).
Regarding claim 15, Pulch discloses the base is configured to rigidly support the holder; the holder is configured as a hollow tubular structure (7) sized to store and periodically allow a user to access and remove the sprayer; the sprayer has a reservoir; and the system further comprises a retaining structure (10) configured to hold the sprayer within the holder when not in use and quickly release the sprayer upon action by a user (¶ [0039]).
The combination is silent in regards to a transparent portion configured to allow views of a filled state of the reservoir.
Simard discloses an elongate receptacle (Fig. 31: 106) configured with a transparent portion (¶ [0076]) and it would have been obvious to one with ordinary skill in the art, prior to the effective filing date of the claimed invention, to borrow the teaching of Simard's transparent portion so the user may see the fluid content thereof (¶ [0076]).
Regarding claim 16, Pulch discloses that the sprayer comprises the carrying handle and the retaining structure comprises a securement between the system and the sprayer such that the entire system can be grasped and carried by the carrying handle.
The elongate receptacle, which comprises the handle, may be threaded (¶ [0039]) onto the elongate holder, therefore, it would have been obvious to one with ordinary skill in the art, prior to the effective filing date of the claimed invention, to utilize threads or other robust detachable connection members to detachably attach the elongate receptacle to the elongate holder so that the entire system can be carried by the user via the handle.
Regarding claim 17, Pulch discloses that the securement can be actuated using the sprayer. (The securement (10) can be push/pulled or threaded on/off by the user grasping the sprayer body (3))
Regarding claim 19, Pulch discloses that the sprayer comprises a pump trigger (5) configured for actuation by a finger of a hand grasping the sprayer (3) and/or handle (8).
Regarding claim 22, Pulch discloses that the hollow tubular structure is configured to slidably receive and substantially contain the reservoir of the sprayer.
Claim(s) 18, 20 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pulch, et al. (“Pulch”) (U.S. Pub. 2007/0034650) in view of Tenbrink, et al. (“Tenbrink”) (U.S. Pub. 2010/0122993), Cournoyer (U.S. Pat. 4,516,676) and Simard (U.S. Pub. 2019/0329276).
Regarding claim 18, Pulch discloses a dispensing system configured to dispense both paper towels (2) and liquid, the dispensing system comprising:
a base (11) with an upper surface comprising an area sufficiently wide to support a standard paper towel roll (seen in Fig. 1);
a liquid dispenser comprising a cylindrical receptacle (7) configured to hold a liquid cleaning material (¶ [0032]: “fluid”) and a sprayer (3) in a top region of the receptacle, the sprayer configured for actuation by a finger to dispense the cleaning material, the liquid dispenser having an axial length and a maximum horizontal width that is less than the width of the standard paper towel roll (seen in Fig. 1);
a cylinder (12) extending upward from the center of the upper surface and positioned to extend into a vertically-standing standard paper towel roll, at least a portion of the cylinder being hollow and configured as a holder sized to substantially contain the liquid dispenser; and
a handle (8) configured to accept a lifting motion to support carrying of the base and the cylinder.
Pulch is silent that the cylindrical receptacle is transparent.
Simard discloses an elongate cylindrical receptacle (Fig. 31: 106) configured with a transparent portion (¶ [0076]) and it would have been obvious to one with ordinary skill in the art, prior to the effective filing date of the claimed invention, to borrow the teaching of Simard's transparent portion so the user may see the fluid content thereof (¶ [0076]).
Pulch discloses a cylinder (12) extending upward from the center of the upper surface, but does not mention if the cylinder is detachable from the upper surface; however, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention, to design the various components to be detachable to aid in cleaning and repair/replacement of parts, since it has been held that constructing a formerly integral structure in various elements requires only routine skill in the art. In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961) MPEP 2144.04 V. C.
Pulch is silent in regards to the handle having a downwardly-facing rounded surface configured for resting atop an index finger.
Tenbrink discloses a dispenser (10) with a downwardly-facing rounded surface (25) configured for resting atop an index finger, the rounded surface located proximate and below a dispensing outlet (18).
Therefore, it would have been obvious to one with ordinary skill in the art, prior to the effective filing date of the claimed invention, to borrow the teaching of Tenbrink to include a downwardly-facing rounded surface to Pulch’s handle so that it rests atop the user’s index finger to prevent dropping the dispenser if the user loses grip.
Pulch fails to disclose that the removable spray tube is sized to allow removal of a paper towel roll while it is being held by the system.
Cournoyer discloses a similar apparatus with an elongate receptacle (50), with a nozzle (53) and a trigger (top of 52) sized to fit within an inner diameter (ID) of a paper towel roll allowing the removal of a paper towel roll while the removable spray tube is being held by the system.
Therefore, it would have been obvious to one with ordinary skill in the art, prior to the effective filing date of the claimed invention, to substitute Pulch’s pump (trigger and nozzle assembly) with Cournoyer’s pump, which is entirely within the footprint of the elongate receptacle, since doing so would be a mere substitution of one known pump configuration for another known pump configuration with the expected results that the substituted pump would dispense the contents out of the reservoir of the elongate receptacle (see MPEP 2143 I B).
Regarding claim 20, Pulch discloses that hollow tubular structure is vertically elongate and configured to accept the liquid dispenser while allowing a portion of the liquid dispenser to protrude out a top of the cylinder, as modified by Cournoyer.
Regarding claim 21, Pulch discloses that the sprayer further comprising a nozzle (4) oriented to spray liquid perpendicularly to the axial length of the liquid dispenser.
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 1-3 and 5-22 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims of U.S. Patents.12,433,453 and/or 11,910,969. Although the claims at issue are not identical, they are not patentably distinct from each other because the patented claim(s) disclose all the limitations of the instant claim(s). See table, below.
Instant Claims
Claims of U.S. Pat. 12,433,453
Notes
1
20 depending from 16
A portable weighted base to resist tipping, an elongate holder, an elongate receptacle, a spray dispenser for liquid sanitizer, and a handle in view of Pulch (U.S. Pub. 2007/0034650) which teaches a spray dispenser with a trigger to be actuated by a finger and in view of Tenbrink which teaches downwardly-facing rounded surface (25) configured for resting atop an index finger
2
20 depending from 16
Holder receives and surrounds liquid dispenser
3
18 depending from 16
Handle is configured to permit lifting and carrying
4 (cancelled)
5
20 depending from 16
Hollow supporting tube, reservoir, nozzle
6
16
Vertically support a standard paper towel roll
7
16
In view of Simard (U.S. Pub. 2019/0329276) to borrow the teaching of Simard's transparent portion so the user may see the fluid content thereof
8
19 depending from 16
Releasable attachment with a spring or latch
9
16
Tip resistant, handle, rod to hold paper towels, spray dispenser (nozzle is inherent) in view of Tenbrink (U.S. Pub. 2010/0122993) which teaches downwardly-facing surface and Cournoyer (U.S. Pat. 4,516,676) which teaches tip of rod protruding above the paper towel roll.
10
19 depending from 16
Holder, which has handle, is removably attached to base
11
20 depending from 16
The holder for receiving the liquid dispenser comprising an elongate tube
12
19 depending from 16
Holder, which has handle, is removably attached to base
13
19 depending from 16
Spray dispenser in view of Ophardt (U.S. Pub. 2011/0315715) which teaches a spray tube (dip tube 27) is used with a pump dispenser to allow fluid to flow from reservoir to the nozzle
14
9
A base, holder within a roll for paper towels, a sprayer, low profile (roll fits over sprayer), carry handle, removal of holder with spring or latch and in view of Tenbrink which teaches downwardly-facing rounded surface (25) configured for resting atop an index finger
15
14
Transparent portion of elongate receptacle for viewing reservoir
16
9
Handle permits carry
17
15
Sprayer is part of elongate receptacle which comprises a catch configured to disengage the catch
18
7 depending from 1
A system to dispense both paper towels and liquid with a base, a dispenser with a transparent receptacle, a detachable holder, and a handle (releasable attachment) in view of Tenbrink (U.S. Pub. 2010/0122993) which teaches downwardly-facing surface and Cournoyer (U.S. Pat. 4,516,676) which teaches tip of rod protruding above the paper towel roll and Simard (U.S. Pub. 2019/0329276) which teaches transparency.
19
1
Spray dispenser in view of Pulch (U.S. Pub. 2007/0034650) which teaches a spray dispenser with a trigger to be actuated by a finger
20
5 depending from 4 depending from 1
Holder to removably receive a majority (not the entirety) of the elongate receptacle
21
1
Spray dispenser in view of Pulch (U.S. Pub. 2007/0034650) which teaches a spray dispenser with a nozzle oriented perpendicular to the axial length of the dispenser.
22
5
Holder configured to removably receive the elongate receptacle
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL J MELARAGNO whose telephone number is (571)270-7735. The examiner can normally be reached Mon - Fri: 8 am - 5 pm +/- flex.
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/MJM/Examiner, Art Unit 3754
/FREDERICK C NICOLAS/Primary Examiner, Art Unit 3754
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