UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Ofllce
`Address: COMMISSIONER FOR PATENTS
`PD. Box 1450
`Alcxnndtia, Virginia 22313-I450
`www.uspln.gnv
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`I0/971.516
`2352
`
`I0/22/2004
`04/] 7/2006
`
`7590
`
`OSTROLENK FABER GERB & SOFFEN
`1 180 AVENUE OF THE AMERICAS
`
`NEW YORK’ NY 100368403
`
`I
`
`Kenneth J. Helzog
`
`1
`
`P/2780-97
`
`9000
`
`EXAMINER
`
`TYLER. STEPHANIE E
`
`ART UNIT
`3754
`
`PAPER NUMBER
`
`DATE MAILED: 04/ 17/2006
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`PTO-90C (Rev. 10/03)
`
`PETITIONER - THE CLOROX COMPANY - EXHIBIT 1002 - Page 1
`
`

`
`Office Action Summary
`
`Application No.
`
`Applicantls)
`
`10/971,516
`
`Examine,
`
`Stephanie E. Tyler
`
`HERZOG, KENNETH J.
`
`M Unit
`
`3754 -
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address -
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE Q MONTH(S) OR THIRTY (30) DAYS,
`WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
`- Extensions of time may be available under the provisions of 37 OF R 1.136(3).
`In no event, however, may a reply be timely filed
`after SIX (6) MONTHS from the mailing date of this communication.
`If No period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1)I:] Responsive to communication(s) filed on _:
`2a)I:I This action is FINAL.
`2b)E This action is non-final.
`3)[:| Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims
`
`4)® Claim(s) 1‘ is/are pending in the application.
`4a) Of the above c|aim(s) 17 18 20 21 and 23 is/are withdrawn from consideration.
`
`5)I:] Claim(s) _ is/are allowed.
`
`6)® Clalm(s)1-:10is/are rejected.
`
`7)® Claim(s) 5 11-16 19 22 is/are objected to.
`8)E] Claim(s) j are subject to restriction and/or election requirement.
`
`Application Papers
`
`9)E] The specification is objected to by the Examiner.
`
`10)|:l The drawing(s) filed on _____ is/are: a)l:] accepted or b)I:l objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
`
`11)I:] The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
`
`Priority under 35 u.s.c. § 119
`
`12)I:] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`
`a)E] All
`
`b)I:] Some ' c)I:] None of:
`
`1.[:I Certified copies of the priority documents have been received.
`
`2.I:I Certified copies of the priority documents have been received in Application No. ______
`
`3.I:I Copies of the certified copies of the priority documents have been received in this National Stage
`
`application from the International Bureau (PCT Rule 17.2(a)).
`' See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`4) El Interview Summary (PTO-413)
`Paper N°($)/M3“ D31e- j -
`5) El Notice 0* '"f°""a' Pater“ AF>P"°a"°" (PTO-152)
`6) D Other:
`.
`
`1) IE Notice of References Cited (PTO-892)
`2) [:1 Notice of Draflsperson’s Patent Drawing Review (PTO-948)
`3) IX] Information Disclosure Statement(s) (PTO—1449 or PTO/SB/08)
`Paper No(s)IMail Date 10/22/2004.
`U.S. Patent and Trademark Office
`PTOL-325 (REV 7-05)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20060414
`
`PETITIONER - THE CLOROX COMPANY - EXHIBIT 1002 - Page 2
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`

`
`Application/Control Number: 10/971,516
`Art Unit: 3754
`
`Detailed Action
`
`Election/Restrictions
`
`1.
`
`This application contains claims directed to the following patentably distinct
`
`species:
`
`I. Figures 1, 2,3A and 3B
`
`ll. Figures 4,5, 6A and 6B
`
`2.
`
`The species are independent or distinct because. species (1) no trough member
`
`and species (2) has a trough member near the open top.
`
`3.
`
`Applicant is required under 35 U.S.C. 121 to elect a single disclosed species for
`
`prosecution on the merits to which the claims shall be restricted if no generic claim is
`
`finally held to be allowable.
`
`4.
`
`Applicant is advised that a reply to this requirement must include an identification
`
`of the species that is elected consonant with this requirement, and a listing of all claims
`
`readable thereon, including any claims subsequently added. An argument that a claim
`
`is allowable or that all claims are generic is considered nonresponsive unless
`
`accompanied by an election.
`
`Upon the allowance of a generic claim, applicant will be entitled to consideration
`
`of claims to additional species which depend from or otherwise require all the limitations
`
`of an allowable generic claim as provided by 37 CFR 1.141. If claims are added after
`
`the election, applicant must indicate which are readable upon the elected species.
`
`MPEP § 809.02( ).
`
`PETITIONER - THE CLOROX COMPANY - EXHIBIT 1002 - Page 3
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`

`
`Application/Control Number: 10/971,516
`Art Unit: 3754
`
`Page 3
`
`5.
`
`Because these inventions are independent or distinct for the reasons given
`
`above and the inventions require at different field of search (see MPEP § 808.02),
`
`restriction for examination purposes as indicated is proper.
`
`6.
`
`During a telephone conversation with Mr. Doug Miro on April 6, 2006 a
`
`provisional election was made without traverse to prosecute the invention of species I,
`
`claims 1-16,19-23. Affirmation of this election must be made by applicant in replying to
`
`this Office action. Claims 17 and 18 are withdrawn from further consideration by the
`
`examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention. However, since
`
`claims 20, 21 and 23 do not read on the elected species they have also been withdrawn
`
`from further consideration.
`
`Claim Rejections - 35 USC § 112
`
`The following is a quotation of the second paragraph of 35 U.S.C. 112:
`
`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.
`
`2.
`
`Claim 5 recites the limitation "the insert" in line 1. There is insufficient
`
`antecedent basis for this limitation in the claim.
`
`Claim Rejections - 35 USC § 102
`
`1.
`
`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 —
`
`(b) the invention was patented or described in a printed publication in this or a foreign country or in public
`use or on sale in this country, more than one year prior to the date of application for patent in the United
`States.
`
`PETITIONER - THE CLOROX COMPANY - EXHIBIT 1002 - Page 4
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`

`
`Application/Control Number: 10/971,516
`Art Unit: 3754
`
`2.
`
`Claims 1—4,6,8-10 are rejected under 35 U.S.C. 102(b) as being anticipated by
`
`Ho (5,464,129).
`
`The Ho reference discloses a dispensing assembly consisting of a container (12)
`
`having a bottom (38), an open top and a side wall (40) extending between the bottom
`
`and the open top (fig.5), and a mating arrangement (20), the side wall (40) having an
`
`inner surface; at least one container passageway (16) mounted on the inner surface of
`
`the side wall (40) and extending from the open top (fig.5) of the container (12) to a
`
`position proximate to the bottom (38) of the container (12); and a pump cap (14) having
`
`a cap body, a pump mechanism arranged within the cap body, a pump cap (14)
`
`passageway (26) coupled to the pump mechanism, and a coupling arrangement (22)
`
`arranged on the pump cap body and configured to detachably couple to the mating
`
`arrangement (20) of the container (12) only if the container passageway (16)
`
`is aligned
`
`with the pump cap passageway (26), such that the container passageway (16) sealingly
`
`engages the pump cap passageway (26) in a fluid connection when the pump cap (14)
`
`is mounted to the container (12), wherein a fluid arranged within the container (12) flows
`
`through the container passageway (16) and the pump caphpassageway (26) when the
`
`pump mechanism of the pump cap (14) is activated.
`
`Regarding claim 2 note in figure 1 wherein the pump cap passageway (26) has
`
`an open end with a diameter greater than a diameter of the container passageway, the
`
`[open end of the pump cap passageway (26) receiving the container passageway (26)
`
`when the pump cap (14) is mounted to the container (12).
`
`PETITIONER - THE CLOROX COMPANY - EXHIBIT 1002 - Page 5
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`

`
`Application/Control Number: 10/971,516
`Art Unit: 3754
`
`Regarding claim 3 note in figure 1 wherein the open end of the pump cap
`
`passageway (26) is made of at least one of an elastic and a flexible material to improve
`
`the sealing engagement between the pump cap passageway (26) and the container
`
`passageway (16).
`
`Regarding claim 4 in figure 1 wherein the pump cap (14) further includes an
`
`insert constructed from at least one of an elastic and a flexible material to improve the
`
`sealing engagement between the pump cap passageway (26) and the container
`
`passageway (16).
`
`Regarding claim 6 note in figures 1 and 5 wherein the container passageway (16)
`
`protrudes from the top of the container (12) to facilitate the sealing engagement with the
`
`pump cap passageway (26) when the pump cap is mounted to the container.
`
`Regarding claim 7 note in figure 1 wherein the coupling arrangement (22)
`
`includes an annular tab and the mating arrangement (20) includes an annular groove,
`
`the annular tab of the pump cap (14) engaging the annular grove of the container (12)
`
`when the pump cap (14) is mounted to the container (12).
`
`Regarding claim 8 note in figure 1 wherein the coupling arrangement (22)
`
`includes a first screw thread and the mating arrangement (20) includes a second screw
`
`thread, the first screw thread of the pump cap (14) engaging the second screw thread of
`
`the container (12) when the pump cap (14) is rotated on top of the container (12) to
`
`mount the pump cap (14) to the container (12).
`
`Regarding claim 9 note in figure 1 wherein the container passageway (16) forms
`
`a cylindrical member that is coaxial with the container (12), the container passageway
`
`PETITIONER - THE CLOROX COMPANY - EXHIBIT 1002 - Page 6
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`

`
`Application/Control Number: 10/971,516
`Art Unit: 3754
`
`Page 6
`
`(16) having an outer circumferential wall mounted to the inner surface of the side wall
`
`(40) of the container (12) side so that the container passageway (16) is coaxial with the
`
`container (12).
`
`‘Regarding claim 10 note in figure 3 wherein a plurality of brace members (58,col.
`
`1, lines 36-38) to mount the container passageway (16) to the inner surface of the side
`
`wall (40) of the container (12).
`
`Claim Rejections - 35 USC § 103
`
`3.
`
`The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
`
`obviousness rejections set forth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described as set
`forth in section 102 of this title, if the differences between the subject matter sought to be patented and
`the prior art are such that the subject matter as a whole would have been obvious at the time the
`invention was made to a person having ordinary skill in the art to which said subject matter pertains.
`Patentability shall not be negatived by the manner in which the invention was made.
`
`4.
`
`Claim 5 is rejected under 35 U.S.C. 103(a) as being obvious over Ho
`
`(5,454,129).
`
`The pump cap as claimed is mounted to the container using a sealing insert in
`
`the form of an o-ring, which is a common conventional sealing device for pump heads or
`
`caps.
`
`Therefore, it would have been obvious to one having ordinary skill in the art at
`
`the time of the invention to have provided the pump cap of Ho with an o-ring in order to
`
`improve the seal between the pump cap and the container.
`
`PETITIONER - THE CLOROX COMPANY - EXHIBIT 1002 - Page 7
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`

`
`Application/Control Number: 10/971,516
`Art Unit: 3754
`
`Allowable Subject Matter
`
`5.
`
`Claims 11-16,19,22 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 Stephanie E. Tyler whose telephone number is 571-272-
`
`8059. The examiner can normally be reached on 8:00am-4:30pm.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, Michael Mar can be reached on 517-272-4906. The fax phone number for
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`the organization where this application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
`
`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
`
`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
`
`you have questions on access to the Private PAIR system, contact the Electronic
`
`Business Center (EBC) at 866-217-9197 (toll-free).
`
`PETITIONER - THE CLOROX COMPANY - EXHIBIT 1002 - Page 8
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`

`
`Application/Control Number: 10/971,516
`Ad Unit: 3754
`
`MICHAEL MAR
`SUPERVISORY PATBIT EXANHNER
`TECHNOLOGY CENTER 3700
`
`PETITIONER - THE CLOROX COMPANY - EXHIBIT 1002 - Page 9
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`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`P/2780-97
`
`Date: July 14, 2006
`
`Confirmation No.: 9000
`
`Group Art Unit: 3754
`
`Examiner: Stephanie E. Tyler
`
`In re Patent Application of:
`
`Kenneth J. HERZOG
`
`Serial No.: 10/971,516
`
`Filed: October 22, 2004
`
`For:
`
`DISPENSER ASSEMBLY
`
`Mail Stop Amendment
`Commissioner for "Patents
`P.O. Box 1450
`
`Alexandria, VA 22313-1450
`
`Sir:
`
`AMENDMENT/SUBMISSION
`
`This is a response to the Office Action mailed April 17, 2006 in the above—identified
`
`application. Reconsideration of the application is respectfully requested,
`
`FEE CALCULATION
`
`Any additional fee required has been calculated as follows:
`
`X If checked, "Small Entity" status is claimed.
`
`'
`
`NO. CLAIMS
`AFTER
`AMENDMENT
`l9MINUS
`
`3MINUS
`
`TOTAL
`
`INDEP.
`
`HIGHEST NO.
`PREVIOUSLY
`PAID FOR
`
`EXTRA PRESENT
`
`RATE
`
`23 * =
`
`3 ** =
`
`0 X
`
`0 X
`
`($25 SE or $50)
`
`$—0—
`
`($100 SE or $200)
`
`3 -0-
`
`FIRST PRESENTATION OF MULTIPLE DEPENDENT CLAIM
`
`X
`
`($180 SE or $360)
`
`$ -0-
`
`* not less than 20 _** not less than 3
`
`TOTAL $ -0-
`
`If any additional payment is required, a check which includes the calculated fee of
`
`(OFGS Check No.
`
`) is attached.
`
`00774456. I
`
`PETITIONER - THE CLOROX COMPANY - EXHIBIT 1002 - Page 10
`
`

`
`In the event the actual fee is greater than the payment submitted or is inadvertently not
`
`enclosed or if any additional fee during the prosecution of this application is not paid, the Patent
`
`Office is authorized to charge the underpayment to Deposit Account No. 15-0700.
`
`CONTINGENT EXTENSION REQUEST
`
`If this communication is filed after the shortened statutory time period had elapsed and no
`
`separate Petition is enclosed, the Commissioner of Patents and Trademarks is petitioned, under
`
`37 C.F.R. _§ 1.136(a), to extend the time for filing a response to the outstanding Office Action by
`the number of months which will avoid abandonment under 37 C.F.R. § 1.135. The fee under 37
`
`C.F.R. § 1.17 should be charged to our Deposit Account No. 15-0700.
`
`SUMMARY OF AMENDMENTS
`
`1. _ If checked, an abstract (an amended abstract) is submitted herewith.
`
`2. __ If checked, amendment(s) to the drawings are submitted herewith.
`
`3. X If checked, amendment(s) to the specification are submitted herewith.
`
`4. X If checked, amendment(s) to the claims are submitted herewith.
`
`00774456.]
`
`PETITIONER - THE CLOROX COMPANY - EXHIBIT 1002 - Page 11
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`

`
`AMENDMENTgSg TO THE SPECIFICATION
`
`Please replace paragraph [0028] with the following rewritten paragraph.
`
`[0028]
`
`It should also be appreciated that
`
`the components of the coupling and mating
`
`arrangements 160, 165 may be switched and/or interchanged. For example, mating arrangement
`
`165 may include the annular tab 170 and coupling arrangement 160 may include the annular
`
`groove 175. In lieu of or in addition to the notch/gr-eve gge and threaded arrangements
`
`discussed above, it should also be appreciated that coupling and mating arrangements 160, 165
`
`may include any mechanism, device, construction, and/or shape that permits pump cap 105 to be
`
`detachably coupled to container 110. For example, coupling arrangement may include external or
`
`internal threads 995 configured to engage with corresponding screw threads 949 on container
`
`110 when pump cap 105 is placed on top of container 110 and rotated. Alternatively, coupling
`
`and mating arrangements may include, for example, Velcro, snaps, hooks, any combination of
`
`these elements, etc.
`
`00774456. I
`
`PETITIONER - THE CLOROX COMPANY - EXHIBIT 1002 - Page 12
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`

`
`LISTING OF THE CLAIMS
`
`This listing of claims will replace all prior versions, and listings, of claims in the
`application:
`
`1. (Currently Amended) A dispenser assembly fer, comprising:
`
`a container having a bottom, an open top and a side wall extending between the bottom
`
`and the open top, and a mating arrangement, the side wall having an inner surface;
`
`at least one container passageway mounted on the inner surface of the side wall and
`
`extending from the open top of the container to a position proximate to the bottom of the
`
`container; and
`
`a pump cap having a cap body, a pump mechanism arranged within the cap body, a pump
`
`cap passageway coupled to the pump mechanism, and a coupling arrangement arranged on the
`
`pump cap body and configured to detachably couple to the mating arrangement of the container
`
`only if the container passageway is aligned with the pump cap passageway, such that the
`
`container passageway sealingly engages the pump cap passageway in a fluid connection when
`
`the pump cap is mounted to the container;
`
`wherein a fluid arranged within the container flows through the container passageway
`
`and the pump cap passageway when the pump mechanism of the pump cap is activated.
`
`2. (Original) The dispenser assembly of claim 1, wherein the pump cap passageway has an open
`
`end with a diameter greater than a diameter of the container passageway, the open end of the
`
`pump cap passageway receiving the container passageway when the pump cap is mounted to the
`
`container.
`
`3. (Original) The dispenser assembly of claim 2, wherein the open end of the pump cap
`
`passageway is made of at least one of an elastic and a flexible material to improve the sealing
`
`engagement between the pump cap passageway and the container passageway.
`
`4. (Currently Amended) The dispenser assembly of claim 2, wherein the pump cap passageway
`
`further includes an insert constructed from at least one of an elastic and a flexible material to
`
`improve the sealing engagement between the pump cap passageway and the container
`
`passageway.
`
`0O774456.l
`
`PETITIONER - THE CLOROX COMPANY - EXHIBIT 1002 - Page 13
`
`

`
`5. (Currently Amended) The dispenser assembly of claim [[2]] 31, wherein the insert includes an
`
`O—ring.
`
`6. (Currently Amended) The dispenser assembly of claim 1, wherein the container passageway
`
`protrudes from the open top of the container to facilitate the sealing engagement with the pump
`
`cap passageway when the pump cap is mounted to the container.
`
`7. (Original) The dispenser assembly of claim 1, wherein the coupling arrangement includes an
`
`annular tab and the mating arrangement includes an annular groove, the annular tab of the pump
`
`cap engaging the annular grove of the container when the pump cap is mounted to the container.
`
`8. (Original) The dispenser assembly of claim 7, wherein the coupling arrangement includes a
`
`first screw thread and the mating arrangement includes a second screw thread, the first screw
`
`thread of the pump cap engaging the second screw thread of the container when the pump cap is
`
`rotated on top of the container to mount the pump cap to the container.
`
`9. (Currently Amended) The dispenser assembly of claim 1, wherein the container passageway
`
`forms a cylindrical member that is coaxial with the container, the container passageway having
`
`an outer circumferential wall mounted to the inner surface of the side wall of the container side
`
`so that the container passageway is coaxial with the container.
`
`10. (Original) The dispenser of claim 9, further comprising a plurality of brace members to
`
`mount the container passageway to the inner surface of the side wall of the container.
`
`11. (Currently Amended)
`
`A dispenser assembly, comprising:
`
`a container having a bottom, an open top and a side wall extending between the bottom
`
`and the open top, and a mating arrangement, the side wall having an inner surface;
`
`at least one container passageway mounted on the inner surface of the side wall and
`
`extending from the open top of the container to a position proximate to the bottom of the
`
`container‘, and
`
`00774456.]
`
`PETITIONER - THE CLOROX COMPANY - EXHIBIT 1002 - Page 14
`
`

`
`a pump cap having a cap body, a pump mechanism arranged within the cap body, a pump
`
`cap passageway coupled to the pump mechanism, and a coupling arrangement arranged on the
`
`pump cap body and configured to detachably couple to the mating arrangement of the container
`
`only if the container passageway is aligped with the pump cap passageway, such that the
`
`container passageway sealingly engages the pump cap passageway in a fluid connection when
`
`the pump cap is mounted to the container;
`
`wherein a fluid arranged within the container flows through the container passageway
`
`and the pump cap passageway when the pump mechanism of the pump cap is activated‘, and
`
`wherein the at least one container passageway includes a plurality of container
`
`passageways, the pump cap passageway sealingly engaging one of the container passageways in
`
`a fluid connection when the pump cap is mounted to the container.
`
`12. (Original) The dispenser assembly of claim 11, wherein the pump cap passageway has an
`
`open end with a diameter greater than a diameter of the container passageway sealingly engaged
`
`with the pump cap passageway, the open end of the pump cap passageway receiving the
`
`container passageway when the pump cap is mounted to the container.
`
`13. (Original) The dispenser assembly of claim 12, wherein the open end of the pump cap
`
`passageway is made of at least one of an elastic and a flexible material to improve the sealing
`
`engagement between the pump cap passageway and the container passageway.
`
`14. (Currently Amended) The dispenser assembly of claim 12, wherein the pump cap
`
`passageway further includes an insert constructed from at least one of an elastic and a flexible
`
`material to improve the sealing engagement between the pump cap passageway and the container
`
`passageway.
`
`15. (Original) The dispenser assembly of claim 14, wherein the insert includes an O—ring.
`
`16. (Currently Amended) A dispenser assembly, comprising:
`
`a container having a bottom, an open top and a side wall extending between the bottom
`
`and the open top, and a mating arrangement, the side wall having an inner surface‘,
`
`00774456. 1
`
`PETITIONER - THE CLOROX COMPANY - EXHIBIT 1002 - Page 15
`
`

`
`at least one container passageway mounted on the inner surface of the side wall and
`
`extending from the open top of the container to a position proximate to the bottom of the
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`container; and
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`a pump cap having a cap body, a pump mechanism arranged within the cap body, a pump
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`cap passageway coupled to the pump mechanism, and a coupling arrangement arranged on the
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`pump cap body and configured to detachably couple to the mating arrangement of the container
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`only if the container passageway is aligned with the pump cap passageway, such that the
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`container passageway sealingly engages the pump cap passageway in a fluid connection when
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`the pump cap is mounted to the container;
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`wherein a fluid arranged within the container flows through the container passageway
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`and the pump cap passageway when the pump mechanism of the pump cap is activated; and
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`wherein the coupling and mating arrangements are oval shaped.
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`Claims 17-19 (Canceled).
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`20. (Currently Amended) The dispenser assembly of claim [[18]] _1§, wherein the coupling
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`arrangement includes an annular tab and the mating arrangement includes an annular groove, the
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`annular tab of the pump cap engaging the annular grove of the container when the pump cap is
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`mounted to the container.
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`Claim 21 (Canceled).
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`22. (Currently Amended) The dispenser assembly of claim 16, wherein the container passageway
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`forms a cylindrical member that is coaxial with the container, the container passageway having
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`an outer circumferential wall mounted to the inner surface of the side wall of the container side
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`so that the container passageway is coaxial with the container.
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`23. (Currently Amended) The dispenser of claim [[21]] 12, further comprising a plurality of
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`brace members to mount the container passageway to the inner surface of the side wall of the
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`container.
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`00774456.1
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`PETITIONER - THE CLOROX COMPANY - EXHIBIT 1002 - Page 16
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`

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`REMARKS/ARGUMENTS
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`Claims 1-23 were pending in this application. According to the April 17, 2006 Office
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`Action, claims 1-10 were rejected, claims 5, 11-16, 19, and 22 were objected to, and claims 17,
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`18, 20, 21, and 23 were withdrawn from consideration. Applicant has amended claims 1, 4-6, 9,
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`11, 14, 16, 20, 22, and 23 and has canceled claims 17-19 and 21. Accordingly, claims 1-16, 20,
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`and 22-23 are under consideration. Applicant maintains that the amendments do not introduce
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`any IICW matter.
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`Election/Restriction Reguirement
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`In response to the Election/Restriction Requirement and consistent with the telephone
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`conversation with Douglas Miro on April 6, 2006, Applicant hereby elects the species of Figures
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`1, 2, 3A, and 3B for further examination in this Application. Claims reading on the elected
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`species include claims 1-16, 19, and 22.
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`In further response to the Election/Restriction Requirement, Applicant has canceled non-
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`elected claims 17-18 and 21. Applicant reserves the right to pursue the non-elected claims in a
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`divisional application prior to the issuance of a patent on the instant application.
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`Amendments to the Specification
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`Applicant has amended paragraph [0028] of
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`the Specification to correct minor
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`typographical errors including changing “grove” to “groove” and removing two reference
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`numbers not shown in the Figures.
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`Allowable Claims 11-16, 19, and 22
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`Applicant notes with appreciation that the Examiner has indicated that claims 11-16, 19,
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`and 22 would be allowable if rewritten in independent form including all of the limitations of the
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`base claim and any intervening claims.
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`In response thereto, Applicant has amended each of
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`claims 11 and 16 to be independent claims that include the limitations of claim 1. Claims 12-15
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`continue to depend from claim 11 and claim 22 continues to depend from claim 16.
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`Applicant has also amended claim 20 (which was withdrawn from consideration) to
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`depend from 16, rather than claim 18, and has amended claim 23 (which was withdrawn from
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`consideration) to depend from claim 22, rather than claim 21. Applicant submits that because
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`007744561
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`PETITIONER - THE CLOROX COMPANY - EXHIBIT 1002 - Page 17
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`

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`claims 20 and 23 now depend from claim 16, these claims now read on the elected species of
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`Figures 1, 2, 3A, and 3B. Applicant further submits that claims 20 and 23 are also now
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`allowable as depending from claim 16.
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`Applicant has also canceled claim 19 because this claim recites limitations already recited
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`by claim 16.
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`Amendments to Claims
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`Applicant has amended claims 1, 4, 6, 9, 14, and 22 to correct minor typographical errors.
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`Specifically, Applicant has amended claim 1 to remove the word “for” from the preamble, has
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`amended claims 4 and 14 to add the inadvertently omitted word “passageway”, has amended
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`claim 6 to add the inadvertently omitted word “open”, and has amended claims 9 and 22 to
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`remove the word “side.” Applicant respectfully submits that because the amendments to claims
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`1, 4, 6, 9, 14, and 22 are merely clarifying in nature and only make explicit that which was
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`implicit in the claims prior to the amendments, they are not narrowing amendments.
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`Rejection of Claim 5 Under 35 U.S.C. 112
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`In response to the Exarr1iner’s rejection of claim 5 under 35 U.S.C. 112, second
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`paragraph, regarding the phrase “the insert” lacking antecedent basis, Applicant has amended
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`claim 5 to depend from claim 4, rather than claim 2, thereby providing proper antecedent basis
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`for the phrase “the insert”. Applicant respectfully submits that because the amendment to claim
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`5 is merely clarifying in nature and only makes explicit that which was implicit in the claim prior
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`to the amendment, the amendment is not a narrowing amendment.
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`Rejection of Claims 1-4 and 6-10 in View of Ho
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`The Examiner rejected claims 1-4 and 6-10 under 35 U.S.C. 102(b) as being anticipated
`
`by Ho, patent 5,464,129 (hereinafter Ho). Applicant respectfully disagrees. Specifically,
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`beginning with claim 1, it recites in part a dispenser assembly comprising:
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`a container having
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`a mating arrangement ...;
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`at least one container passageway mounted on the inner surface of the side
`wall [of the container] ...; and
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`00774456.]
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`PETITIONER - THE CLOROX COMPANY - EXHIBIT 1002 - Page 18
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`

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`and a coupling
`a pump cap passageway
`a pump cap having having
`arrangement
`configured to detachably couple to the mating
`arrangement of the container only if the container passageway is aligned
`with the pump cap passageway
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`Applicant respectfully submits that contrary to claim 1, Ho does not teach, suggest, nor
`
`disclose “a coupling arrangement
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`configured to detachably couple to the mating arrangement
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`only if the container passageway is aligned with the pump cap passageway.” Specifically, in
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`the Office Action the Examiner indicated that container 12 with threaded neck 20 are the
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`container and mating arrangement of claim 1, that dip tube 16 is the container passageway of
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`claim 1, that pump head 14 with threaded cap 22 are the pump cap and coupling arrangement of
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`claim 1, and that pipe 26 is the pump cap passageway of claim 1. As disclosed by Ho and as
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`shown in Ho Figure 1, container 12 and pump head 14 are assembled by aligning and inserting
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`end 36 of pipe 26 into end 34 of dip tube 16 and thereafter screwing cap 22 of pump head 14
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`onto neck 20 of container 12. Notably and contrary to claim 1, however, nowhere does Ho teach,
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`suggest, or disclose that cap 22 of pump head 14 is configured to detachably couple to neck 20 of
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`container 12 “only if” dip tube 16 “is aligned with” pipe 26. On the contrary, Applicant submits
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`that end 34 of dip tube 16 and end 36 and pipe 26 can be out of alignment (for example, 180° out
`
`of alignment) and cap 22 will still detachably couple to neck 20.
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`Applicant also notes that the coupling and mating arrangements of Applicant’s invention
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`as recited by claim 1 have significant advantages over cap 22 and neck 20 of H0 in that
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`Applicant's invention assures the alignment of the container passageway and the pump cap
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`passageway as the pump cap is mounted to the container. On the contrary, the configuration of
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`cap 22 and neck 20 of Ho requires that clip tube 16 and pipe 26 be purposely aligned before
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`pump head 14 is mounted to container 12, thereby making assembly more difficult.
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`Accordingly, for the foregoing reasons, Applicant submits that Ho does not
`
`teach,
`
`suggest, nor disclose claim 1, in addition to claims 2-3, 7-8, and 10, which depend therefrom.
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`Turning to amended claim 4,
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`it recites in part,
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`“wherein the pump cap passageway
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`further includes an insert
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`to improve the sealing engagement between the pump cap
`
`passageway and the container passageway.” Applicant respectfully submits that nowhere does
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`Ho teach, suggest, or disclose that either of dip tube 16 or pipe 26 includes an “insert” at end
`
`00774456.]
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`PETITIONER - THE CLOROX COMPANY - EXHIBIT 1002 - Page 19
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`

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`34/36 to improv