DETAILED ACTION
Receipt is acknowledged of the amendment filed on August 13, 2025, which has been fully considered in this action. Claims 1, 4, 10, 11, 17 and 18 have been amended. Claims 1-15, 17 and 18 remain in the application and an action as to the merits follows.
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 .
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 17 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Foster et al ‘783.
Foster et al ‘783 discloses a spray nozzle insert 16 comprising an end wall 178 having a spray orifice at 170 therethrough, see Fig. 9, the end wall having an outer side, see outer side of end wall 178 in Fig. 9 and an inner side, see marked of Fig. 10, wherein a cylindrical wall, see marked up Fig. 10, connected to the inner side of the end wall is arranged at a radial distance inward from and concentric with the spray orifice, see marked up Fig. 10, wherein the spray nozzle insert has at least two snap fingers 172/174 located at a radial distance outside the cylindrical wall, see Figs. 9 and 10, said at least two snap fingers extending from the inner side of the end wall, see Figs. 9 and 10, wherein each of said at least two snap fingers has a snap member 200/202 for a snapping cooperation with a counter part 64 in the actuator. See Figs. 9 and 10 and col. 4, line 42 through col. 5, line 12.
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Allowable Subject Matter
Claims 1-15 and 18 allowed.
The following is a statement of reasons for the indication of allowable subject matter of claims 1-15: The prior art did not teach or suggest an aerosol dispensing device as claimed by the applicant, specifically an aerosol dispensing device wherein the spray nozzle insert being positioned in the actuator, wherein the cylindrical wall of the spray nozzle insert is located in the annular chamber of the nozzle head and the flat end surface of the central post is in abutment with the inner side of the end wall of the spray nozzle insert, wherein the actuator has at least two first guiding ribs spaced apart from an outer side of the circumferential wall of the nozzle head configured to guide each of said at least two snap fingers upon positioning the spray nozzle insert in the actuator, wherein each of said at least two snap fingers has a snap member which is snapped behind an inward end of each of said at least two first guiding ribs in a fully inserted state, together in combination with the other claimed features of applicant’s invention.
The following is a statement of reasons for the indication of allowable subject matter of claim 18: The prior art did not teach or suggest a method of manufacturing an aerosol dispensing device as claimed by the applicant, specifically a method comprising the steps of providing an actuator, wherein the actuator has at least two first guiding ribs spaced apart from an outer side of the circumferential wall of the nozzle head and positioning the spray nozzle insert in the actuator, wherein the cylindrical wall of the spray nozzle insert is located in the annular chamber of the nozzle head and the flat end surface of the central post is brought in abutment with the inner side of the end wall of the spray nozzle insert, and wherein each of said at least two snap fingers is guided by one of said at least two first guiding ribs until the snap member snaps behind an inward end of each of said at least two first guiding ribs, together in combination with the other claimed features of applicant’s invention.
Response to Arguments
Applicant's arguments filed August 13, 2025 have been fully considered but they are not persuasive. In response to applicant’s arguments that in Foster et al ‘783 the spray nozzle insert 16 as listed by the examiner is considered the foamer tube and cannot be considered the spray nozzle insert, note that as currently claimed only a “spray nozzle insert” is claimed and there are no recitations to liquid being sprayed. Therefore, as currently claimed the foamer tube 16 can be considered the spray nozzle insert, since as shown in Figure 10, it is spraying a foam through the spray nozzle insert out of the spray orifice at 170.
In response to applicant's argument that the reference fails to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., the end wall extends both radially inwards and outwards of the cylindrical wall) are not recited in the rejected claim 17. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). In claim 17 as amended, it is recited as “a cylindrical wall connected to the inner side of the end wall is arranged at a radial distance from and concentric with the spray orifice. As discussed above in paragraph 5, the apparatus of Foster et al ‘783 discloses the cylindrical wall connected to the inner side of the end wall being arranged at a radial distance inward from and concentric with the spray orifice.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN J GANEY whose telephone number is (571)272-4899. The examiner can normally be reached M-F 9am-5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arthur Hall can be reached at (571)270-1814. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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STEVEN J. GANEY
Primary Examiner
Art Unit 3752
/STEVEN J GANEY/ Primary Examiner, Art Unit 3752
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