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 Amendment
The amendment filed on 06/29/2026 has been entered. As directed by the amendments: Claims 1 – 8 are amended and Claims 1 – 10 are currently pending. Applicant’s arguments regarding the Non-Final Rejection on 03/27/202 are fully considered (please see “Response to Arguments” section) and the following Final Rejection is made herein.
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.
Claim(s) 1 – 7 is/are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Miller et al. (US 6152302 A) and hereinafter “Miller”.
Regarding claim 1, Miller discloses an assembly apparatus comprising:
a housing (container, seeFIG.1a) comprising:
a first cavity of an exterior of the housing (a cup well 114 on the exterior of the container, (2:55 – 65 and see FIG.1a)),
at least one finger grip aperture adjacent to the first cavity (a channel 130 adjacent to the cup well 114, see FIG. 1a)), and
a second cavity of the exterior of the same housing (a bag cavity 112 on the exterior of the container, see FIG.1a),
the first cavity of the exterior of the housing configured to hold a reusable single serve
brewing pod in an open position (the cup well 114 here would be capable of holding such a brewing pod; see MPEP §§2114 and 2115),
the at least one finger grip aperture configured to allow a user to grip the reusable single
serve brewing pod (the channel 130 is configured to easily remove a cup from the cup well 114 by inserting the finger through the channel, (3:27 – 30, 4:31 – 34 and see FIG. 1a)), and
the second cavity of the exterior of the same housing configured to concurrently hold a stack of filters, each of the stack of filters configured to be used in the reusable single serve brewing pod (the bag cavity 112 would be capable of concurrently holding stack of filters that are used with the reusable cups in the cup well 114; see MPEP §§2114 and 2115).
Regarding claims 2 – 3, Miller discloses the assembly apparatus of claim 1, wherein the first cavity of the exterior of the housing and the second cavity of the exterior of the same housing are both in a same portion of the housing (claim 2), are both in an upper portion of the housing (claim 3), (both bag cavity 112 and the cup well 114 are on the top portion of the container, see FIG.1a).
Regarding claim 4, Miller discloses the assembly apparatus of claim 3,
wherein the first cavity of the exterior of the housing configured to hold the reusable single serve brewing pod in the open position is located at an uppermost exterior surface of the housing such that no other portion of the housing or the assembly apparatus is above the first cavity (the cup well 114 is an open cavity, opening to the top exterior surface of the container for holding a cup or a can like structure, see FIG.1a), and
wherein no other portion of the housing or the assembly apparatus covers the second cavity of the exterior of the same housing configured concurrently hold a stack of filters (the bag cavity 112 is an open cavity, opening to the top exterior surface of the container for holding a bag like structure, see FIg.1a)).
Regarding claim 5, Miller discloses the assembly apparatus of claim 4, wherein the at least one finger grip aperture comprises a pair of finger grip apertures located adjacent to the first cavity of the exterior of the housing and on opposite sides of the first cavity of the housing (the channel 130 adjacent to the cup well 114 has a corresponding opening/aperture on opposite side by the pedestal 118, see FIG.1a).
Regarding claim 6, Miller discloses the assembly apparatus of claim 5, wherein the exterior of the housing further comprises a grab aperture adjacent to the second cavity of the exterior of the same housing, the grab aperture configured to allow a user to grab a filter of the stack of filters (the channel 130 between the bag cavity 112 and the cup well 114 along the level of the floor 120 provides easy access to both cavities, (3: 27 – 30 and see FIG.1a)).
Regarding claim 7, Miller discloses the assembly apparatus of the assembly apparatus of wherein the reusable single serve brewing pod comprises a cover(the cup well 114 here would be capable of holding a reusable single serve brewing pod that comprises a cover as the cup well is an open cavity; see MPEP §§2114 and 2115), wherein the exterior of the housing further comprises an angled exterior support surface, adjacent to the first cavity of the exterior of the housing, configured to support at least a portion of the cover of the reusable single serve brewing pod in the open position such that at least a portion of the cover in the open position is supported by the angled exterior support surface (the wing 116, 117 platforms of top exterior of the cup well 114 are capable of supporting the cover of the reusable single serve brewing pod in the open position , see FIG.1a) and one of ordinary skill in the art would appreciate making the platforms angled for support as doing so is a mere change of shape)) .
Allowable Subject Matter
Claim 8 – 10 are allowed.
Response to Arguments
Applicant’s arguments with respect to the Non-final rejection on 03/27/2026, see Remarks, page 6 – 9, are fully considered and the following response is given herein.
Objection to the Specification
The amendment to the specification is sufficient to overcome the objection made in The Non-Final rejection. As such, the objection is withdrawn.
Anticipatory and Obviousness Rejections under 35 U.S.C. 102 & 103
Applicant’s arguments with respect to the anticipatory and obviousness rejection of claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US D398481 S, “Tray for holding a plate and drinking vessel”, US 5887749 A, “Food holder”, US 531054 S, “Combined chip and dip tray” and US 7874449 B1, “Snack tray with dispensing compartment”.
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 DILNESSA B BELAY whose telephone number is (571)272-3136. The examiner can normally be reached M-F approx. 8:00 am - 5:30 pm 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, Steven Crabb can be reached at (571)270-5095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DILNESSA B BELAY/Examiner, Art Unit 3761
/JOHN J NORTON/Primary Examiner, Art Unit 3761
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