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 .
Status of the Application
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/14/26 has been entered.
Claims 1-7 have been examined in this application. This communication is the first action on the merits in response to the amendment filed 01/14/26.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
identify the following terms in the specification by reference to the drawings, designating the corresponding part or parts therein to which each term applies: “one end of the second flow path”.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following must be shown or the feature(s) canceled from the claim(s): “the left first part closes the second opening where the movable member is placed at one end of the second flow path and the right first part […] contacts the one end of the second flow path”. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claims 1-3 and 5-7 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.
As per claim 1, the term "substantially" renders the claim limitation indefinite. One having ordinary skill in the art cannot determine the metes and bounds of "substantially" in this context.
Claims 2-3 and 5-7 depend from claim 1 and thus inherit the deficiencies thereof.
Claim Rejections - 35 USC § 103
Claims 1 and 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over DE 19945537 to Dengler in view of Fig. 16-17 of US 2017/0211710 to Patterson (herein referred to as Pat-1) in view of Applicant Admitted Prior Art in view of a second embodiment of US 2017/0211710 to Patterson (herein referred to as Pat-2). All references in this office action to DE 19945537 are made to the previously attached machine translation of DE 19945537: DE19945537_MT.
As per claims 1 and 6-7, Dengler discloses a dispensing apparatus comprising:
a first storage unit (28) and a third storage unit (24) installed adjacent to the first storage unit and a fourth storage unit (26) installed adjacent to the third storage unit and includes a fifth flow path provided upstream of a fourth flow path (Fig. 2), wherein the third storage unit includes a fourth flow path provided upstream of a first flow path (Fig. 2), and the third storage unit includes a plunger (Fig. 2) that is installed so as to be movable in a reciprocating manner in the fourth flow path and is capable of pushing material stored in the fourth flow path toward the first flow path with a reciprocating movement (Fig. 2), and wherein a needle valve (27) is installed so as to be movable in a reciprocating manner in the fifth flow path (Fig. 2),
Dengler does not disclose: the claimed structure of the first storage unit; a movable member; a valve seat installed upstream of the needle valve in the fifth flow path.
In regards to the claimed structure of the first storage unit and a movable member, Dengler further discloses a needle valve (30) for regulating a flow of material to an application nozzle (pg. 3, 126-127). Pat-1 teaches a valve comprising a first storage unit (See Figure B, below) including a first flow path (162) that is capable of circulating a material, a second flow path (150) that crosses the first flow path (Fig. 16), wherein the first flow path leads to the second flow path (Fig. 16) and a third flow path (134, 164) that is provided parallel to the first flow path (Fig. 16), wherein the second flow path leads to the third flow path (Fig. 16), and the third flow path is parallelly apart from the first flow path (Fig. 16); and
a movable member (130, 138, 140) disposed so as to be movable in the second flow path (Fig. 16-17), the movable member including right and left first parts (see Figure A, below) and a second part (see Figure A, below), the second part being disposed between the first parts (Fig. 16), the movable member being movable such that one of the first parts is capable of disconnecting the second flow path and the third flow path (Fig. 17), the second part being provided continuously with the right and left first parts (Fig. 16), and the movable member being movable such that the second part is capable of connecting the first flow path and the second flow path (Fig. 16) and connecting the second flow path and the third flow path (Fig. 16); and,
a connection member (See Figure A, below) connectable to the movable member;
a second storage unit (see Figure A, below) that is installed adjacent to the first storage unit, and includes a first space in which the connection member moves (Fig. 16-17) in a state in which the connection member is connected to the movable member (Fig. 16-17); and
a first seal member (see Figure A, below) that is installed outside of the second flow path (see Figure A, below), and seals so as to separate the second flow path and the first space by touching the left first part in the state in which the connection member is connected to the movable member (Fig. 16-17),
the first flow path is connected to the second flow path via a first opening (Fig. 16),
the second flow path is connected to the third flow path via a second opening (Fig. 16),
the right and left first parts and the second part are formed in a long shape (Fig. 16),
the second part is formed such that a cross-section crossing a longitudinal direction of the movable member is smaller than a cross-section of the right and left first parts (Fig. 16), and
the first seal member includes a portion with a cross-section formed in a bent shape (the bushing has “bent” corners).
Pat-1 does not disclose the left first part closes the second opening. Pat-2 teaches a valve comprising a first part that closes a second opening (Col. 9, Ln. 59-63; Fig. 7 – “because second annular face 278 is wider than the width of the outlet bore fluid cannot flow from the first volume to the second volume as the second annular face moves past [the outlet bore]”). It would have been obvious for one of ordinary skill in the art at the time the application was effectively filed to similarly form the left first part of Pat-1 according to the aforementioned teachings from Pat-2 such that the left first part is wider than a width of the second opening for reasons including to prevent fluid flow to an area behind the second part—whereby, the aforementioned combination will inherently close the second opening (as the second part passes from one side of the second opening to an opposite side of the second opening; Fig. 16-17) in a position where the movable member is placed at one end of the second flow path and the right first part contacts the one end of the second flow path (right first part is at one end of the second flow path in any position of moveable member – Fig. 16-17).
It would have been obvious for one of ordinary skill in the art at the time of filing of the application to substitute the valve of Dengler to include first storage unit and movable member according to valve of the combination of Pat-1 and Pat-2, since doing so would be an obvious substitution of one known valve for another known valve, with the expected results that the substituted valve would function to regulating a flow of material to an application nozzle.
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Figure A: US 10487951, Fig. 16 - annotated
In regards to the claimed valve seat in the fifth flow path, Applicant failed to properly traverse the examiner’s assertion of Official Notice in the office action dated 08/21/24 and therefore the following is considered admitted prior art (see MPEP § 2144.03(C)):
needle valves comprising valve seats for blocking a flow of material are old and well known in the art of fluid dispensing as evidenced by US 6092691 to Schuerholz (see Fig. 2, items 25-27), and it would have been obvious for one of ordinary skill in the art at the time the application was effectively filed to provide a valve seat in the fifth flow path of Dengler for contacting the needle valve to similarly block a flow of material.
As per claim 2, Pat-1 further discloses the movable member moves along the longitudinal direction of the movable member (Fig. 16-17).
As per claim 3, Pat-1 further discloses the second part is formed in a rod shape (Fig. 16).
As per claim 5, Pat-1 further discloses a second seal member (see Figure B, below) that is disposed to abut on an outer surface of the one of the first parts, when the one of the first parts closes the second opening in the second flow path (Fig. 16).
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Figure B: US 2017/0211710, Fig. 16 - annotated
Response to Arguments
In regards to the claim rejections under prior art Applicant’s arguments filed 01/14/26 have been fully considered but are not found persuasive. Applicant requests withdrawal of the rejections by providing the following arguments
Patterson does not disclose the movable member is placed at one end of the second flow path and the right first part contacts the end of the second flow path.
In response to (A), and as previously set forth, the right first part is at one end of the second flow path in any position of moveable member (Fig. 16-17).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Randy Gruby, whose telephone number is (571) 272-3415. The examiner can normally be reached from Monday to Friday between 8:00 AM and 5:00 PM.
If any attempt to reach the examiner by telephone is unsuccessful, the examiner’s supervisor, Paul Durand, can be reached at (571) 272-4459.
Another resource that is available to applicants is the Patent Data Portal (PDP). Information regarding the status of an application can be obtained from the (PDP) system. For more information about the PDP system, see https://opsg-portal.uspto.gov/OPSGPortal/. Should you have questions on access to the PDP system, please feel free to contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
/R.A.G/Examiner, Art Unit 3754
/PAUL R DURAND/Supervisory Patent Examiner, Art Unit 3754 February 12, 2026