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
This Office Action is in response to an amendment filed on 12/2/2025. As directed by the amendment, no claims were canceled, claims 1-3, and 5 were amended, and claim 9 was added. Thus, claims 1-9 are pending for this application.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1-2, and 4-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Petit (US 2017/0296758).
Regarding claim 1, Petit discloses (Fig. 1 and 3) a device for dispensing fluid product (Abstract) comprising
a reservoir (reservoir 10) containing the fluid product (Abstract),
a dispensing head (dispensing head 2) provided with a dispensing hole (orifice 3),
a stopper (stopper 20) which is displaceable in said reservoir (paragraph [0028]) between a rest position and an actuation end position (paragraph [0028]) to dispense the fluid product through said dispensing hole during an actuation (paragraph [0029]),
said reservoir being formed by a hollow, blind body (paragraph [0002]), comprising a base (bottom portion of reservoir 10 that doesn’t have an opening) and a single opening (opening at top that receives insert 12) which, in the rest position, is closed in a fluid-tight manner by said stopper (paragraph [0028]),
said device comprising a hollow insert (cannula support 9) inserted and fixed in said dispensing head (see Fig. 1 and Abstract), said insert supporting a cannula (cannula or needle 4) for piercing said stopper and thus connecting said reservoir to said dispensing hole during the actuation (paragraph [0029]),
wherein said insert comprises at least one lateral projection (see projection on lower portion of insert 9 that projects laterally from the insert 12 in Annotated Fig. 1 below) provided with a lower surface (lower side surface of projection), said lower surface cooperating at an end of actuation with said reservoir to define the actuation end position of said stopper (see end position in Fig. 3), and
wherein said at least one lateral projection is a one-piece part with said insert and is not detachable or removable from said insert during the actuation (insert 9 is a single piece as shown in Fig. 1 and no disclosure of any portions of the insert being detachable or removable).
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Regarding claim 2, Petit discloses said at least one lateral projection is a peripheral lateral projection (lateral projection shown in Annotated Fig. 1 above extends peripherally and thus is a peripheral lateral projection).
Regarding claim 4, Petit discloses wherein said opening of said reservoir is formed by a neck (top of body 11 having a projection extending from it, see Fig. 1) provided with an upper surface (upper side surface of body 11 that contacts lateral projection as shown in Figs. 1-2), said upper surface cooperating at the end of actuation with said lower surface of said at least one lateral projection to define the actuation end position (see Fig. 1 and 3 and paragraph [0029]).
Regarding claim 5, Petit discloses wherein said at least one lateral projection is disposed with respect to said reservoir such that the dose end contact is formed just before said stopper touches the base of said reservoir (reservoir 11 is filled with a liquid and thus dose contact is formed before the stopped reaches bottom due to the liquid level of an unused device being at a height above the bottom surface of reservoir 11).
Regarding claim 6, Petit discloses wherein said reservoir contains a single fluid product dose dispensed in a single actuation (“single dose”, paragraph [0027]).
Regarding claim 7, Petit discloses wherein said reservoir contains two fluid product doses dispensed in two successive actuations (“two-dose”, paragraph [0027]).
Regarding claim 8, Petit discloses wherein said lateral projection cooperates with said reservoir after dispensing of the second dose (see Fig. 3).
Regarding claim 9, Petit discloses (Fig. 1 and 3) a device for dispensing fluid product comprising:
a reservoir (10) containing the fluid product,
a dispensing head (2) comprising a dispensing hole (3),
a stopper (20) displaceable in said reservoir between a rest position and an actuation end position (paragraph [0028]) to dispense the fluid product through said dispensing hole during an actuation (paragraph [0029]);
said reservoir formed by a hollow, blind body (paragraph [0002]), comprising a base (bottom portion of reservoir 10) and a single opening (opening at top that receives insert 12) which, in the rest position, is closed in a fluid-tight manner by said stopper (paragraph [0028]);
said device comprising a hollow insert (9) inserted and fixed in said dispensing head (Fig. 1), said hollow insert supporting a cannula (4) configured pierce said stopper so as to connect said reservoir to said dispensing hole during the actuation (paragraph [0029]);
wherein said insert comprises at least one lateral projection (see projection on lower portion of insert 9 that projects laterally from the insert 12 in Annotated Fig. 1 below) provided with a lower surface (lower side surface of projection), said lower surface cooperating at an end of actuation with said reservoir to define the actuation end position of said stopper (see end position in Fig. 3), and
wherein said insert and said at least one lateral projection are formed as a one-piece integral construction configured to remain as the one-piece integral construction following actuation of the device to dispense the fluid product (insert 9 is a single piece at end of actuation as shown in Fig. 3 and no disclosure of any portions of the insert being detachable or removable).
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Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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) 3 is rejected under 35 U.S.C. 103 as being unpatentable over Petit (US 2017/0296758) in view of Maner (US 2019/0126303).
Regarding claim 3, Petit discloses the at least one lateral projection comprises a single lateral projection, and thus does not disclose several separate lateral projections, distributed over the periphery of said insert.
However, Le Maner teaches (Fig. 1-4 and 6-7) a device for dispensing fluid comprising an insert (inert 60) that comprises several separate lateral projections (paragraph [0038] discloses that the single blocking element 66 could be alternatively a plurality of blocking elements 66, which are each connected to the body 61 via breakable bridges 65), distributed over the periphery of said insert (bridges 65 distributed over periphery of hollow body 61 of insert 60, see Fig. 6-7 and paragraph [0038]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the at least one projection of Petit to include several separate lateral projections, distributed over the periphery of said insert, as taught by Maner, as has been held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced, and thus would have been an obvious modification. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960).
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 1-5 rejected under the judicially created doctrine of obviousness-type double patenting as being unpatentable over claim 1 of US Patent 10,456,799 in view of Berthoud (FR2970955A1).
Although the claims are not identical, they are not patentably distinct from one another. The application claims are broader in at least one aspect and also recite additional features not claimed in the patent claims.
For claim 1:
Regarding the broadening aspect of the application claims, the following comparison between the patent claims and the application claims highlights (see underlined features in the patent claims) what elements have been excluded in the presentation of the application claims.
Patent claim 1
Application claim 1
A fluid dispenser device comprising:
a reservoir (10) containing fluid;
a dispenser head (20) that is provided with a dispenser orifice (21);
dispenser means (30) for dispensing at least a fraction of said fluid through said dispenser orifice (21); and
passage means (40) for connecting said reservoir (10) to said dispenser orifice (21) on actuation of said dispenser means (30),
said passage means (40) including a hollow needle (41) that penetrates into said reservoir (10) on actuation of said dispenser means (30),
said needle (41) being fastened in a needle support (60) that is itself fastened in said dispenser head (20);
the dispenser device being characterized in that said needle support (60) includes blocking means (65, 66) that, in the rest position, co-operate with said reservoir (10) so as to prevent it from moving axially relative to said head (20).
A device for dispensing fluid product comprising
a reservoir containing the fluid product,
a dispensing head provided with a dispensing hole,
a stopper which is displaceable in said reservoir between a rest position and an actuation end position to dispense the fluid product through said dispensing hole during an actuation,
said reservoir being formed by a hollow, blind body, comprising a base and a single opening which, in the rest position, is closed in a fluid-tight manner by said stopper,
said device comprising a hollow insert inserted and fixed in said dispensing head ,
said insert supporting a cannula for piercing said stopper and thus connecting said reservoir to said dispensing hole during the actuation,
characterised in that said insert comprises at least one lateral projection provided with a lower surface, said lower surface cooperating at the end of actuation with said reservoir to define the actuation end position of said stopper.
Thus, it is apparent, for the broadening aspect, that patent claim 1 includes features that are not in application claim 1. Following the rationale in In re Goodman, cited above, where applicant has once been granted a patent containing a claim for the specific or narrower invention, applicant may not then obtain a second patent with a claim for the generic or broader invention without first submitting an appropriate terminal disclaimer. Since application claim 1 is anticipated by patent claim 1, with respect to the broadening aspect, and since anticipation is the epitome of obviousness, then application claim 1 is obvious over patent claim 1 with respect to the broadening aspect.
With respect to the additional features recited in application claim 1, patent claim 1 fails to recite the stopper which is displaceable in said reservoir between a rest position and an actuation end position to dispense the fluid product through said dispensing hole during an actuation, said reservoir being formed by a hollow, blind body, comprising a base and a single opening which, in the rest position, is closed in a fluid-tight manner by said stopper, said insert comprises at least one lateral projection provided with a lower surface, said lower surface cooperating at the end of actuation with said reservoir to define the actuation end position of said stopper.
However, Berthoud teaches (Fig. 8-9) a stopper (plug 25) which is displaceable in said reservoir (page 3 para. 4 and Fig. 8-9) between a rest position (Fig. 8) and an actuation end position (Fig. 9) to dispense the fluid product through said dispensing hole during an actuation (page 3 para 4), said reservoir (reservoir 10) being formed by a hollow, blind body (“hollow, blind boy”, page 3 para 3), comprising a base (bottom portion of reservoir 10) and a single opening (opening at top end) which, in the rest position, is closed in a fluid-tight manner by said stopper (closed in a “fluid tight manner” because liquid does not leave until plug pierced, page 3 para 4), said insert (60) comprises at least one lateral projection (lateral projecting portion at bottom of needle body that mates with top surface of stopper 25, see Fig. 8-9) provided with a lower surface, said lower surface cooperating at the end of actuation with said reservoir (see Fig. 9) to define the actuation end position of said stopper (see Fig. 9).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of claim 1 of patent to include the stopper which is displaceable in said reservoir between a rest position and an actuation end position to dispense the fluid product through said dispensing hole during an actuation, said reservoir being formed by a hollow, blind body, comprising a base and a single opening which, in the rest position, is closed in a fluid-tight manner by said stopper, said insert comprises at least one lateral projection provided with a lower surface, said lower surface cooperating at the end of actuation with said reservoir to define the actuation end position of said stopper, as taught by Berthoud, for the purpose of providing a lateral seal to the reservoir when needle pierces and dispenses the fluid medium, thereby preventing leakage and consequently ineffective use of device.
Regarding claim 2, modified claim 1 of patent discloses wherein said insert comprises a peripheral lateral projection (see Fig. 8-9 Berthoud).
Regarding claim 3, modified claim 1 of patent discloses a lateral projection distributed over the periphery of said insert (see Fig. 8-9 Berthoud),but does not disclose several separate lateral projections distributed over the periphery of said insert. However, absent a critical teaching or unexpected result, separating the lateral projection of Berthoud into a plurality of separate lateral projections is considered a separation of parts and would hold no patentable significance over using a single lateral projection. In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961)
Regarding claim 4, modified claim 1 patent discloses wherein said opening of said reservoir is formed by a neck (top end of reservoir 10 of Berthoud that contacts lateral projection of Berthoud, see Fig. 8-9) provided with an upper surface, said upper surface cooperating at the end of actuation with said lower surface of said at least one lateral projection to define the actuation end position (see Fig. 9 Berthoud).
Regarding claim 5, modified claim 1 of patent discloses wherein said at least one lateral projection is disposed with respect to said reservoir such that the dose end contact is formed just before said stopper touches the base of said reservoir (as shown in Fig. 9 Berthoud and discussed in Fig. 5 para 2).
Claims 6-8 are rejected under the judicially created doctrine of obviousness-type double patenting as being unpatentable over claim 1 of US Patent 10,456,799 in view of Berthoud (FR2970955A1), and further in view of Petit (US 2017/0259285).
Regarding claims 6-7, modified claim 1 of patent is silent as to how many doses are in the device, and thus fails to disclose wherein said reservoir contains a single fluid product dose dispensed in a single actuation, or wherein said reservoir contains two fluid product doses dispensed in two successive actuations.
However, Petit teaches (Fig. 1) a device that contains one or two doses (paragraph [0030]), and thus discloses said reservoir contains a single fluid product dose dispensed in a single actuation (paragraph [0018]), or wherein said reservoir contains two fluid product doses dispensed in two successive actuations (paragraph [0019]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of modified claim 1 of patent to be either a single dose actuator device of double dose actuator device, as taught by Petit, for the purpose of, in the case of the single dose actuator, allowing for all doses of medicament to be dispensed at once so that less user interaction is required to achieve all dose requirements (i.e. a forgetful user may forget to actuate a second time, and, in the case for the two-dose actuation device, to allow for the device to be used more than once as well as to allow for more controlled actuation (i.e. a single inadvertent actuation allows there to be a second dose still there).
Regarding claim 8, modified Petit discloses wherein said lateral projection cooperates with said reservoir after dispensing of the second dose (as long as the device is in its actuation position, the lateral projection will be cooperating with the reservoir, therefore when a user dispenses second dose and doesn’t remove pressure from the actuator, the lateral projection will still be cooperating and thus cooperates after the second dose actuation occurs).
Claims 1-8 rejected under the judicially created doctrine of obviousness-type double patenting as being unpatentable over claim 2 of US Patent 11,141,743 in view of Le Maner (US 2019/0126303).
Although the claims are not identical, they are not patentably distinct from one another. The application claims are broader in at least one aspect and also recite additional features not claimed in the patent claims.
For claim 1:
Regarding the broadening aspect of the application claims, the following comparison between the patent claims and the application claims highlights (see underlined features in the patent claims) what elements have been excluded in the presentation of the application claims.
Patent claim 2
Application claim 1
1. A fluid dispenser device comprising:
a reservoir (10) containing fluid;
a dispenser head (20) that is provided with a dispenser orifice (21);
dispenser means comprising a stopper for dispensing at least a fraction of said fluid through said dispenser orifice (21); and
passage means (40) for connecting said reservoir (10) to said dispenser orifice (21) on actuation of said dispenser means,
said device further comprising at least one porous insert (50) that is made out of porous material so as to suck up and to trap, at least in part, residual fluid after actuation;
wherein said reservoir (10) includes the stopper (25) that closes said reservoir (10) in leaktight manner before actuation;
wherein said porous insert is arranged, at least in part, around said passage means;
and wherein a distal rigid insert is arranged upstream from said porous insert.
2. The device according to claim 1, wherein said passage means (40) include a needle (41) that is adapted to pierce said stopper (25) during actuation.
A device for dispensing fluid product comprising
a reservoir containing the fluid product,
a dispensing head provided with a dispensing hole,
a stopper which is displaceable in said reservoir between a rest position and an actuation end position to dispense the fluid product through said dispensing hole during an actuation,
said reservoir being formed by a hollow, blind body, comprising a base and a single opening which, in the rest position, is closed in a fluid-tight manner by said stopper,
said device comprising a hollow insert inserted and fixed in said dispensing head ,
said insert supporting a cannula for piercing said stopper and thus connecting said reservoir to said dispensing hole during the actuation,
characterised in that said insert comprises at least one lateral projection provided with a lower surface, said lower surface cooperating at the end of actuation with said reservoir to define the actuation end position of said stopper.
Thus, it is apparent, for the broadening aspect, that patent claim 2 includes features that are not in application claim 1. Following the rationale in In re Goodman, cited above, where applicant has once been granted a patent containing a claim for the specific or narrower invention, applicant may not then obtain a second patent with a claim for the generic or broader invention without first submitting an appropriate terminal disclaimer. Since application claim 1 is anticipated by patent claim 2, with respect to the broadening aspect, and since anticipation is the epitome of obviousness, then application claim 1 is obvious over patent claim 2 with respect to the broadening aspect.
With respect to the additional features recited in application claim 1, patent claim 2 fails to recite the stopper which is displaceable in said reservoir between a rest position and an actuation end position to dispense the fluid product through said dispensing hole during an actuation,
said reservoir being formed by a hollow, blind body, comprising a base and a single opening which, in the rest position, is closed in a fluid-tight manner by said stopper, characterised in that said insert comprises at least one lateral projection provided with a lower surface, said lower surface cooperating at the end of actuation with said reservoir to define the actuation end position of said stopper.
However, Le Maner discloses (Figs. 1-4 and 6-7) a device for dispensing fluid product (Abstract comprising
a reservoir (reservoir 10) containing the fluid product (liquid to be dispensed, paragraph [0028]),
a dispensing head (dispenser head 20) provided with a dispensing hole (dispenser orifice 21),
a stopper (stopper/piston 30) which is displaceable in said reservoir (paragraph [0041]) between a rest position (Fig. 2) and an actuation end position (Fig. 4) to dispense the fluid product through said dispensing hole during an actuation (paragraph [0041]),
said reservoir being formed by a hollow, blind body (“hollow and blind”, paragraph [0029]) comprising a base (bottom portion of reservoir 10 that doesn’t have an opening and is contacted by bottom of stopper 30 in the position shown in Fig. 3-4) and a single opening (“single opening”, paragraph [0029]) which, in the rest position, is closed in a fluid-tight manner by said stopper (paragraph [0029])
said device comprising a hollow insert (needle support 60) inserted and fixed in said dispensing head (see Fig. 1 and Abstract)),
said insert supporting a cannula (needle 41) for piercing said stopper (paragraph [0030]) and thus connecting said reservoir to said dispensing hole during the actuation,
characterized in that said insert comprises at least one lateral projection (plurality of blocking elements 66, paragraph [0038]) provided with a lower surface (bottom surface of 65,66), said lower surface cooperating at the end of actuation with said reservoir to define the actuation end position of said stopper (paragraphs [0035] and [0038] and Fig. 3-4).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of claim 2 of patent to include stopper which is displaceable in said reservoir between a rest position and an actuation end position to dispense the fluid product through said dispensing hole during an actuation, said reservoir being formed by a hollow, blind body, comprising a base and a single opening which, in the rest position, is closed in a fluid-tight manner by said stopper, characterised in that said insert comprises at least one lateral projection provided with a lower surface, said lower surface cooperating at the end of actuation with said reservoir to define the actuation end position of said stopper, as taught by Le Maner, for the purpose of providing a lateral seal to the reservoir when needle pierces and dispenses the fluid medium, thereby preventing leakage and consequently ineffective use of device, as well as to provide piston movement during dispensing of the fluid that improves fluid dispensing due to the fluid being compressed and forced to enter the cannula.
Regarding claim 2, modified claim 2 of patent discloses said insert comprises a peripheral lateral projection (blocking element 66 of Le Maner).
Regarding claim 3, modified claim 2 of patent discloses wherein said insert comprises several separate lateral projections (paragraph [0038] of Le Maner discloses that the single blocking element 66 could be alternatively a plurality of blocking elements 66, which are each connected to the body 61 via breakable bridges 65), distributed over the periphery of said insert (bridges 65 distributed over periphery of hollow body 61 of insert 60, see Fig. 6-7 and paragraph [0038] Le Maner).
Regarding claim 4, modified claim 2 of patent discloses wherein said opening of said reservoir is formed by a neck (top of body 11 of Le Maner that contacts blocking element 66 of Le Maner, see Fig. 3) provided with an upper surface (upper surface of body 11 that contacts lateral projections 66 as shown in Fig. 3-4 Le Maner), said upper surface cooperating at the end of actuation with said lower surface of said at least one lateral projection to define the actuation end position (see Fig. 3-4 and [0035] Le Maer).
Regarding claim 5, modified claim 2 of Patent discloses wherein said at least one lateral projection is disposed with respect to said reservoir such that the dose end contact is formed just before said stopper touches the base of said reservoir (reservoir is filled with a liquid and thus dose contact is formed before the stopped reaches bottom due to the liquid level of an unused device being at a height above the bottom surface of reservoir).
Regarding claims 6-7, modified claim 2 of patent is silent as to how many doses are in the device, and thus fails to disclose wherein said reservoir contains a single fluid product dose dispensed in a single actuation, or wherein said reservoir contains two fluid product doses dispensed in two successive actuations.
However, Le Maner teaches wherein said reservoir contains a single fluid product dose dispensed in a single actuation (“single actuation”, paragraph [0034]), or wherein said reservoir contains two fluid product doses dispensed in two successive actuations (“two-dose device, two successive actuations”, paragraph [0034]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of modified claim 2 of patent to be either a single dose actuator device of double dose actuator device, as taught by Le Maner, for the purpose of, in the case of the single dose actuator, allowing for all doses of medicament to be dispensed at once so that less user interaction is required to achieve all dose requirements (i.e. a forgetful user may forget to actuate a second time, and, in the case for the two-dose actuation device, to allow for the device to be used more than once as well as to allow for more controlled actuation (i.e. a single inadvertent actuation allows there to be a second dose still there).
Regarding claim 8, modified claim 2 of patent discloses wherein said lateral projection cooperates with said reservoir after dispensing of the second dose (Fig. 3-4 of Le Maner shows device actuation actuation, paragraph [0041], which would be the end result for after single dose for a single dose actuating device as well as after the second dose for a second-dose actuating device).
Claims 1-8 rejected under the judicially created doctrine of obviousness-type double patenting as being unpatentable over claim 2 of US Patent Application 17/775,644 in view of Le Maner (US 2019/0126303).
Although the claims are not identical, they are not patentably distinct from one another. The application claims are broader in at least one aspect and also recite additional features not claimed in the patent claims.
For claim 1:
Regarding the broadening aspect of the application claims, the following comparison between the patent claims and the application claims highlights (see underlined features in the patent claims) what elements have been excluded in the presentation of the application claims.
Patent application ‘644 claim 1
Application claim 1
A fluid product dispenser device comprising
a reservoir (10) containing fluid product,
a dispenser head (20) that is provided with a dispenser orifice (21),
a stopper/piston (50) for dispensing at least a portion of said fluid product through said dispenser orifice (21),
said reservoir (10) being closed in sealed manner by said stopper/piston (50) before actuation,
said device including a hollow insert (60) that is inserted and fixed in said dispenser head (20),
said insert (60) supporting a cannula (40) for piercing said stopper/piston (50) and thus connecting said reservoir (10) to said dispenser orifice (21) during actuation,
characterized in that: ,said dispenser head (20) includes a proximal end portion (220) of reduced diameter the axial length of which is greater than 5 mm, advantageously greater than 6 mm, the maximum outside diameter of which is less than 8 mm, advantageously less than 7 mm, and the wall thickness of which is less than 1.1 mm, advantageously between 0.7 and 1.0 mm; said dispenser head (20) comprises an inner side wall comprising a first proximal cylindrical section (25) and a second distal cylindrical section (26) of diameter greater than that of said first proximal cylindrical section (25), said insert (60) comprising on its outer wall a first proximal radial projection (65) extending over the entire periphery, said first proximal radial projection (65) cooperating in a tight and sealed manner with said first proximal cylindrical section (25), in order to ensure the sealed fixing of said insert (60) in said dispenser head (20).
A device for dispensing fluid product comprising
a reservoir containing the fluid product,
a dispensing head provided with a dispensing hole,
a stopper which is displaceable in said reservoir between a rest position and an actuation end position to dispense the fluid product through said dispensing hole during an actuation,
said reservoir being formed by a hollow, blind body, comprising a base and a single opening which, in the rest position, is closed in a fluid-tight manner by said stopper,
said device comprising a hollow insert inserted and fixed in said dispensing head ,
said insert supporting a cannula for piercing said stopper and thus connecting said reservoir to said dispensing hole during the actuation,
characterised in that said insert comprises at least one lateral projection provided with a lower surface, said lower surface cooperating at the end of actuation with said reservoir to define the actuation end position of said stopper.
Thus, it is apparent, for the broadening aspect, that claim 1 of patent application ‘644 includes features that are not in application claim 1. Following the rationale in In re Goodman, cited above, where applicant has once been granted a patent containing a claim for the specific or narrower invention, applicant may not then obtain a second patent with a claim for the generic or broader invention without first submitting an appropriate terminal disclaimer. Since application claim 1 is anticipated by claim 1 of patent application ‘64, with respect to the broadening aspect, and since anticipation is the epitome of obviousness, then application claim 1 is obvious over claim 1 of patent application ’64 with respect to the broadening aspect.
With respect to the additional features recited in application claim 1, claim 1 of patent application ’64 fails to recite the stopper is displaceable in said reservoir between a rest position and an actuation end position to dispense the fluid product through said dispensing hole during an actuation, said reservoir being formed by a hollow, blind body, comprising a base and a single opening which, in the rest position, is closed in a fluid-tight manner by said stopper, characterised in that said insert comprises at least one lateral projection provided with a lower surface, said lower surface cooperating at the end of actuation with said reservoir to define the actuation end position of said stopper.
However, Le Maner discloses (Figs. 1-4 and 6-7) a device for dispensing fluid product (Abstract comprising
a reservoir (reservoir 10) containing the fluid product (liquid to be dispensed, paragraph [0028]),
a dispensing head (dispenser head 20) provided with a dispensing hole (dispenser orifice 21),
a stopper (stopper/piston 30) which is displaceable in said reservoir (paragraph [0041]) between a rest position (Fig. 2) and an actuation end position (Fig. 4) to dispense the fluid product through said dispensing hole during an actuation (paragraph [0041]),
said reservoir being formed by a hollow, blind body (“hollow and blind”, paragraph [0029]) comprising a base (bottom portion of reservoir 10 that doesn’t have an opening and is contacted by bottom of stopper 30 in the position shown in Fig. 3-4) and a single opening (“single opening”, paragraph [0029]) which, in the rest position, is closed in a fluid-tight manner by said stopper (paragraph [0029])
said device comprising a hollow insert (needle support 60) inserted and fixed in said dispensing head (see Fig. 1 and Abstract)),
said insert supporting a cannula (needle 41) for piercing said stopper (paragraph [0030]) and thus connecting said reservoir to said dispensing hole during the actuation,
characterized in that said insert comprises at least one lateral projection (plurality of blocking elements 66, paragraph [0038]) provided with a lower surface (bottom surface of 65,66), said lower surface cooperating at the end of actuation with said reservoir to define the actuation end position of said stopper (paragraphs [0035] and [0038] and Fig. 3-4).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of claim 1 of patent application ’644 to include stopper which is displaceable in said reservoir between a rest position and an actuation end position to dispense the fluid product through said dispensing hole during an actuation, said reservoir being formed by a hollow, blind body, comprising a base and a single opening which, in the rest position, is closed in a fluid-tight manner by said stopper, characterised in that said insert comprises at least one lateral projection provided with a lower surface, said lower surface cooperating at the end of actuation with said reservoir to define the actuation end position of said stopper, as taught by Le Maner, for the purpose of providing a lateral seal to the reservoir when needle pierces and dispenses the fluid medium, thereby preventing leakage and consequently ineffective use of device, as well as to provide piston movement during dispensing of the fluid that improves fluid dispensing due to the fluid being compressed and forced to enter the cannula.
Regarding claim 2, modified claim 1 of patent application ‘644 of patent discloses said insert comprises a peripheral lateral projection (blocking element 66 of Le Maner).
Regarding claim 3, modified claim 1 of patent application ‘644 discloses wherein said insert comprises several separate lateral projections (paragraph [0038] of Le Maner discloses that the single blocking element 66 could be alternatively a plurality of blocking elements 66, which are each connected to the body 61 via breakable bridges 65), distributed over the periphery of said insert (bridges 65 distributed over periphery of hollow body 61 of insert 60, see Fig. 6-7 and paragraph [0038] Le Maner).
Regarding claim 4, modified claim 1 of patent application ‘644 discloses wherein said opening of said reservoir is formed by a neck (top of body 11 of Le Maner that contacts blocking element 66 of Le Maner, see Fig. 3) provided with an upper surface (upper surface of body 11 that contacts lateral projections 66 as shown in Fig. 3-4 Le Maner), said upper surface cooperating at the end of actuation with said lower surface of said at least one lateral projection to define the actuation end position (see Fig. 3-4 and [0035] Le Maer).
Regarding claim 5, modified claim 1 of patent application ‘644 discloses wherein said at least one lateral projection is disposed with respect to said reservoir such that the dose end contact is formed just before said stopper touches the base of said reservoir (reservoir is filled with a liquid and thus dose contact is formed before the stopped reaches bottom due to the liquid level of an unused device being at a height above the bottom surface of reservoir).
Regarding claims 6-7, modified claim 1 of patent application ‘644 is silent as to how many doses are in the device, and thus fails to disclose wherein said reservoir contains a single fluid product dose dispensed in a single actuation, or wherein said reservoir contains two fluid product doses dispensed in two successive actuations.
However, Le Maner teaches wherein said reservoir contains a single fluid product dose dispensed in a single actuation (“single actuation”, paragraph [0034]), or wherein said reservoir contains two fluid product doses dispensed in two successive actuations (“two-dose device, two successive actuations”, paragraph [0034]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of modified claim 1 of patent application ’644 to be either a single dose actuator device of double dose actuator device, as taught by Le Maner, for the purpose of, in the case of the single dose actuator, allowing for all doses of medicament to be dispensed at once so that less user interaction is required to achieve all dose requirements (i.e. a forgetful user may forget to actuate a second time, and, in the case for the two-dose actuation device, to allow for the device to be used more than once as well as to allow for more controlled actuation (i.e. a single inadvertent actuation allows there to be a second dose still there).
Regarding claim 8, modified claim 1 of patent application ‘644 discloses wherein said lateral projection cooperates with said reservoir after dispensing of the second dose (Fig. 3-4 of Le Maner shows device actuation, paragraph [0041], which would be the end result for after single dose for a single dose actuating device as well as after the second dose for a second-dose actuating device).
Claims 1-8 rejected under the judicially created doctrine of obviousness-type double patenting as being unpatentable over claim 1 of US Patent 11,478,809 in view of Le Maner (US 2019/0126303).
Although the claims are not identical, they are not patentably distinct from one another. The application claims are broader in at least one aspect and also recite additional features not claimed in the patent claims.
For claim 1:
Regarding the broadening aspect of the application claims, the following comparison between the patent claims and the application claims highlights (see underlined features in the patent claims) what elements have been excluded in the presentation of the application claims.
Patent claim 1
Application claim 1
A fluid dispenser device comprising:
a body;
a reservoir containing one or two doses of a fluid,
said reservoir including a stopper that closes said reservoir in leaktight manner before actuation;
a dispenser head that is provided with a dispenser orifice; and
dispenser means for dispensing at least a portion of said fluid through said dispenser orifice during actuation;
said device includes a needle having a tip that is adapted to pierce said stopper during actuation,
said reservoir being filled with said fluid and being closed with said stopper under a vacuum, so that a residual volume of air present in said reservoir between said fluid and said stopper is zero.
A device for dispensing fluid product comprising
a reservoir containing the fluid product,
a dispensing head provided with a dispensing hole,
a stopper which is displaceable in said reservoir between a rest position and an actuation end position to dispense the fluid product through said dispensing hole during an actuation,
said reservoir being formed by a hollow, blind body, comprising a base and a single opening which, in the rest position, is closed in a fluid-tight manner by said stopper,
said device comprising a hollow insert inserted and fixed in said dispensing head ,
said insert supporting a cannula for piercing said stopper and thus connecting said reservoir to said dispensing hole during the actuation,
characterised in that said insert comprises at least one lateral projection provided with a lower surface, said lower surface cooperating at the end of actuation with said reservoir to define the actuation end position of said stopper.
Thus, it is apparent, for the broadening aspect, that patent claim 1 includes features that are not in application claim 1. Following the rationale in In re Goodman, cited above, where applicant has once been granted a patent containing a claim for the specific or narrower invention, applicant may not then obtain a second patent with a claim for the generic or broader invention without first submitting an appropriate terminal disclaimer. Since application claim 1 is anticipated by patent claim 1, with respect to the broadening aspect, and since anticipation is the epitome of obviousness, then application claim 1 is obvious over patent claim 1 with respect to the broadening aspect.
With respect to the additional features recited in application claim 1, patent claim 1 fails to recite the stopper which is displaceable in said reservoir between a rest position and an actuation end position to dispense the fluid product through said dispensing hole during an actuation, said reservoir being formed by a hollow, blind body, comprising a base and a single opening which, characterised in that said insert comprises at least one lateral projection provided with a lower surface, said lower surface cooperating at the end of actuation with said reservoir to define the actuation end position of said stopper.
However, Le Maner discloses (Figs. 1-4 and 6-7) a device for dispensing fluid product (Abstract comprising
a reservoir (reservoir 10) containing the fluid product (liquid to be dispensed, paragraph [0028]),
a dispensing head (dispenser head 20) provided with a dispensing hole (dispenser orifice 21),
a stopper (stopper/piston 30) which is displaceable in said reservoir (paragraph [0041]) between a rest position (Fig. 2) and an actuation end position (Fig. 4) to dispense the fluid product through said dispensing hole during an actuation (paragraph [0041]),
said reservoir being formed by a hollow, blind body (“hollow and blind”, paragraph [0029]) comprising a base (bottom portion of reservoir 10 that doesn’t have an opening and is contacted by bottom of stopper 30 in the position shown in Fig. 3-4) and a single opening (“single opening”, paragraph [0029]) which, in the rest position, is closed in a fluid-tight manner by said stopper (paragraph [0029])
said device comprising a hollow insert (needle support 60) inserted and fixed in said dispensing head (see Fig. 1 and Abstract)),
said insert supporting a cannula (needle 41) for piercing said stopper (paragraph [0030]) and thus connecting said reservoir to said dispensing hole during the actuation,
characterized in that said insert comprises at least one lateral projection (plurality of blocking elements 66, paragraph [0038]) provided with a lower surface (bottom surface of 65,66), said lower surface cooperating at the end of actuation with said reservoir to define the actuation end position of said stopper (paragraphs [0035] and [0038] and Fig. 3-4).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of claim 2 of patent to include stopper which is displaceable in said reservoir between a rest position and an actuation end position to dispense the fluid product through said dispensing hole during an actuation, said reservoir being formed by a hollow, blind body, comprising a base and a single opening characterised in that said insert comprises at least one lateral projection provided with a lower surface, said lower surface cooperating at the end of actuation with said reservoir to define the actuation end po