DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant's arguments filed 11/24/2025 have been fully considered but they are not persuasive.
In response to applicant's argument that the amended claim 1 requires a pump such that fluid is “sucked out and expelled.” In this case, Appleby as previously cited teaches the art recognized equivalence of either selecting an aerosol valve (24) (as found in Rabussier) (Fig. 1) or a manually activatable pump (124) (Fig. 3) for dispensing fluid from the device (Col. 1, lines 46-50, either an aerosol valve or pump may be used). Thus, it would have been obvious modify the device of Rabussier in view of Appleby by causing the dispenser to be a pump. Applicant appears to have placed no criticality on any dispenser (see Specification, p. 7, lines 8-24 wherein the applicant states that either an aerosol valve or pump may be used interchangeably) and it appears that the device of Rabussier in view of Appleby would work appropriately if made with the claimed pump dispenser.
In response to applicant's argument that Rabussier and Appleby are nonanalogous art to the claimed invention (i.e. another field of technology), it has been held that a prior art reference must either be in the field of the inventor’s endeavor or, if not, then be reasonably pertinent to the particular problem with which the inventor was concerned, in order to be relied upon as a basis for rejection of the claimed invention. See In re Oetiker, 977 F.2d 1443, 24 USPQ2d 1443 (Fed. Cir. 1992). In this case, Applicant points to the material to be dispensed, detergents are not possible to be sprayed. However, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. Here, Applicant speaks to the behavior of the fluid to be dispensed somehow minimizing the claimed structure, but Rabussier as modified by Appleby includes all the claimed structure thus capable of effecting the type of dispensing of fluid as argued by the Applicant. Further delineation is needed to adequate define the claimed invention from the prior art of record.
Allowable Subject Matter
Claim 11 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-4, 6-10, and 13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rabussier (US Patent No. 3,260,421), and further in view of Appleby et al. (US Patent No. 3,785,537).
Re: Claim 1, Rabussier discloses the claimed invention including A dispensing device for multiphase liquids comprising:
a closed casing (1) defining at least one chamber configured to contain one or more substances (32,33) (Figs. 1, and 6).
a multiphase liquid including at least:
a first component (33) housed within said chamber(Figs. 1, and 6), and
a second component (32) housed within said chamber, of different and immiscible density with respect to said first component so as to form, at least when said multiphase liquid is at rest, an interface surface which delimits said components (Depicted in Fig. 1 and 6, Col. 3, lines 70-75, different densities),
Rabussier further disclosing a dispenser (see below for the pump modification) including:
one or more cannulas (4) defining a first direction of extension skewed with respect to the ground when said device is in use to access said multiphase liquid (Depicted in Fig. 1 and 6), and
an expulsion mechanism (3) arranged on the top of said casing with respect to the ground at least when said device is in use, operatively connected to said cannula and configured to dispense said multiphase liquid from said chamber outwards (Fig. 1 and 6),
wherein said one or more cannulas comprise globally a plurality of first accesses (31) arranged on planes spaced along said first extension direction in such that at least two of said first accesses are separated from said interface surface and said expulsion mechanism simultaneously dispense said first component and said second component (Figs. 1 and 6) except for the dispenser being a manually activated pump for pumping fluid from the device for expulsion. However, Appleby teaches art recognized equivalence either selecting an aerosol valve (24) (as found in Rabussier) (Fig. 1) or a manually activatable pump (124) (Fig. 3) for dispensing fluid from the device (Col. 1, lines 46-50, either an aerosol valve or pump may be used).
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Rabussier in view of Appleby by causing the dispenser to be a pump, since Appleby discloses the equivalence of a propellant valve and pump for their use in the dispensing art and the selection of any of these known equivalents to move and dispense fluid would be within the level of ordinary skill in the art. Further, Applicant appears to have placed no criticality on any dispenser (see Specification, p. 7, lines 8-24 wherein the applicant states that either an aerosol valve or pump may be used interchangeably) and it appears that the device of Rabussier in view of Appleby would work appropriately if made with the claimed pump dispenser.
Re: Claim 2, Rabussier discloses the claimed invention including a cannula comprising at least a first part extending within said chamber, at least partially along a first extension direction skewed relative to the ground when said device is in use in such a way as to access said multiphase liquid and said first section comprises a plurality of first accesses distributed along said first extension direction on a surface side of said first part and mutually spaced so that at least two of said first accesses are separated from said interface surface and said expulsion mechanism simultaneously pumps said first component and said second component (Depicted in Fig. 1 and 6).
Re: Claim 3, Rabussier discloses the claimed invention including said cannula comprises a connection part (51) configured to put in fluid passage connecting said expulsion mechanism and said first part (55), abreast to said first part and configured in such a way that a free end (56) of said first part faces away from said ground, when said device is in use, and that said cannula defines globally a U-shaped configuration, said connecting section being devoid of said first accesses (Depicted in Fig. 6).
Re: Claim 4, Rabussier discloses the claimed invention including the embodiment of Fig. 6 teaching said cannula defines a second part (55) in fluid passage communication with said first part and extending to the left of said first part along a second extension direction in such a way that a free end of said second part faces away from said ground (Depicted in Fig. 6), when said device is in use, and that said cannula globally defines a U-shaped configuration (Fig. 6), except for second accesses along the second part. However, Rabussier discloses in an alternate embodiment said second part including second accesses distributed along said second extension direction on a lateral surface of said second part and mutually spaced in such a way that at least two of said second accesses are separated from said interface surface (Col. 2, lines 23-28, placing accesses at equidistance along the entire length of tube). It would have been obvious to one having ordinary skill in the art at the time of the effective filing date to include accesses along the second part, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Re: Claim 6, Rabussier discloses the claimed invention except for a plurality of cannula. However, it would have been obvious to one having ordinary skill in the art at the time of effective filling date to include a plurality of said cannula and at least two of said cannula share at least part of said connection portion or part of said first section, since it has been held mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Re: Claim 7, Rabussier discloses the claimed invention including said cannula is rigid and maintains the same shape independently of said multiphase liquid (Col. 6, lines 37-40, rigid).
Re: Claim 8, Rabussier discloses the claimed invention including at least part of said cannula is deformable and changes its form in dependence upon the level of said multiphase liquid within said casing (Col. 2, lines 55-60, flexible cannula).
Re: Claim 9, Rabussier as modified in the rejection of claim 4 above discloses the claimed invention including said first access and said second access are constituted by holes distributed in such a way as to be mutually equidistant along respectively said first extension direction and said second extension direction.
Re: Claim 10, Rabussier discloses the claimed invention including said dispenser comprises a spout (14, 18) operatively connected to said expulsion mechanism, in fluid passage connection with said cannula and configured to mix said first component and said second component during the expulsion of said multiphase liquid from said casing (Col. 4, lines 40-58, mixing occurs and dispensed from spout).
Re: Claim 13, Rabussier as modified by Appleby in claim 1 above discloses the claimed invention including said dispenser is configured to dispense the liquid product (Appleby: Col. 1, lines 9, liquid dressing).
Re: Claim 14, Rabussier discloses the claimed invention including said dispenser is configured to deliver nebulized product (Appleby: Col. 1, lines 5, spray).
Re: Claim 15, the rejections of claims 4 above covers the limitations recited in this claim, and the modified device of Rabussier further teaching second accesses distributed along said second extension direction on a lateral surface of said second part and mutually spaced in such a way that at least two of said second accesses are separated from said interface surface (Fig. 1 depicts accesses on a later surface mutually spaced with at least two being separated by the interface).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rabussier (US Patent No. 3,260,421) and Appleby et al. (US Patent No. 3,785,537) as applied to claim 1 above, and further in view of Prussin et al. (US Patent No. 3,211,349).
Re: Claim 5, Rabussier discloses the claimed invention except for a float. However, Prussin teaches at least one said cannula comprises a float (38) arranged in correspondence with a free end of said cannula (26) and configured to maintain said free end positioned in correspondence of the free surface of said multiphase fluid (Depicted in Fig. 6).
It would have been obvious to one having ordinary skill in the art at the time of the effective filing date to include a float as taught by Prussin, since Prussin states in column 2, lines 46-48 that such a modification maintains the cannula at a surface of a component such that the overall device may be used in any position.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES P. CHEYNEY whose telephone number is (571)272-9971. The examiner can normally be reached Monday - Friday, 8:00 am - 4:30 pm.
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/CHARLES P. CHEYNEY/Primary Examiner, Art Unit 3754