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 the Applicant’s amendment filed on June 3, 2026. Claims 1, 4, 6, 10-12, 14, and 15 have been amended. Claim 13 has been canceled. New claim 17 has been added.
Response to Arguments
Applicant’s arguments with respect to claims 1 and 14 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Response to Arguments
Applicant’s arguments with respect to claims 1, 14, and 17 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Claim 17 is 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.
The limitation “snugly receives and seals around” in claim 17 has a relative term which renders the claim indefinite. The term “snugly” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The Examiner cannot ascertain the difference between snugly and loosely. As a result, the Examiner cannot determine the metes and bounds of the limitation.
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.
Claims 1-3, 5-8, 10, 11 and 14-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mills (US 1,155,947).
With regard to claim 1, Mills discloses a tip cover (Fig. 1), comprising: a first housing portion (semicircular plate 14, Fig. 1) comprising a first inner wall curved to form a first cavity (Fig. 2), the first housing portion (14) having a first groove recessed (15’) into the first inner wall (Fig. 2); and a second housing portion (the other semicircular plate 14, Fig. 1) comprising a second inner wall curved to form a second cavity (Fig. 2), and a second groove recessed (the other semicircular recess 15’) into the second inner wall (Fig. 2), wherein the first housing portion and the second housing portion (14) are configured to be mated together such that the first and second cavities together form a chamber to enclose a nozzle tip (Fig. 1), and the first and second grooves (15’) together form a gasket groove for receiving and sealing around a gasket disposed around the nozzle tip (nozzle tip is an article, which the “[i]nclusion of the material or article worked upon by a structure being claimed does not impart patentability to the claims." In re Otto, 312 F.2d 937, 136 USPQ 458, 459 (CCPA 1963); see also In re Young, 75 F.2d 996, 25 USPQ 69 (CCPA 1935), and the gasket groove (15’) is recessed into a curved wall of the chamber such that a ring formed by the gasket groove has a larger diameter than; (i) a portion of the curved wall of the chamber (see annotated figure below) above the gasket groove (see annotated figure below); and (ii) a portion of the curved wall of the chamber below the gasket groove (see annotated figure below).
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With regard to claim 2, the device of Mills discloses the invention as disclosed in the rejection of claim 1 above. Mills further discloses that means (Fig. 4) for mating the first and second housing portions together (Fig. 1).
With regard to claim 3, the device of Mills discloses the invention as disclosed in the rejection of claim 1 above. Mills further discloses that the chamber formed by the first and second cavities is larger than the nozzle tip (Fig. 2).
With regard to claim 5, the device of Mills discloses the invention as disclosed in the rejection of claim 1 above. Mills further discloses that the first and second cavities are equal in size and dimension (Fig. 1).
With regard to claim 6, the device of Mills discloses the invention as disclosed in the rejection of claim 1 above. Mills further discloses that a locking mechanism (Fig. 4) configured to removably secure the first and second housing portions in a closed configuration around the nozzle when the first and second housing portions are mated together (Fig.1).
With regard to claim 7, the device of Mills discloses the invention as disclosed in the rejection of claim 1 above. Mills further discloses that the locking mechanism comprises a hook secured to one of the first and second housing portions that latches to a loop secured to the other of the first and second housing portions (Fig. 4).
With regard to claim 8, the device of Mills discloses the invention as disclosed in the rejection of claim 1 above. Mills further discloses that the first and second housing portions, when unmated, are configured to open to expose the first and second cavities (Fig. 2).
With regard to claim 10, the device of Mills discloses the invention as disclosed in the rejection of claim 1 above. Mills further discloses that the gasket groove formed by the first and second grooves is configured to receive petroleum jelly (type of material is a matter of material worked upon, the “[i]nclusion of the material or article worked upon by a structure being claimed does not impart patentability to the claims." In re Otto, 312 F.2d 937, 136 USPQ 458, 459 (CCPA 1963); see also In re Young, 75 F.2d 996, 25 USPQ 69 (CCPA 1935). MPEP 2115).
With regard to claim 11, the device of Mills discloses the invention as disclosed in the rejection of claim 1 above. Mills further discloses that the system for applying a sealant (type of material is a matter of material worked upon, the “[i]nclusion of the material or article worked upon by a structure being claimed does not impart patentability to the claims." In re Otto, 312 F.2d 937, 136 USPQ 458, 459 (CCPA 1963); see also In re Young, 75 F.2d 996, 25 USPQ 69 (CCPA 1935). MPEP 2115), comprising a nozzle tip (nozzle tip of bottle 76) and the tip cover of claim 1.
With regard to claims 14-16, since the device of Mills discloses all structure of the claimed invention, in its use, the device of Mills will inherently perform all the method steps of claims 14-16.
With regard to claim 17, Mills discloses a system comprising: a nozzle tip; an O-ring gasket disposed around the nozzle tip (Fig. 2); and a tip cover (Fig. 1), comprising: a first housing portion (14) comprising a first inner wall curved to form a first cavity (Fig. 2), and a first groove (15’) recessed into the first inner wall; and a second housing portion (14) comprising a second inner wall curved to form a second cavity (Fig. 2), and a second groove (15’) recessed into the second inner wall, wherein the first housing portion and the second housing portion are configured to be mated together such that (1) the first and second cavities together form a chamber to enclose the nozzle tip (Fig. 1), (2) the first and second grooves (15’) together form a gasket groove that snugly receives and seals around the O-ring gasket disposed around the nozzle tip (nozzle tip is an article, which the “[i]nclusion of the material or article worked upon by a structure being claimed does not impart patentability to the claims." In re Otto, 312 F.2d 937, 136 USPQ 458, 459 (CCPA 1963); see also In re Young, 75 F.2d 996, 25 USPQ 69 (CCPA 1935), and (3) the gasket groove (15’) is recessed into a curved wall of the chamber such that a ring formed by the gasket groove has a larger diameter than: (i) a portion of the curved wall of the chamber above the gasket groove (see annotated figure above); and (ii) a portion of the curved wall of the chamber below the gasket groove (see annotated figure above).
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.
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.
Claims 4 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Mills over Knox et al. (US 4,286,640).
With regard to claim 4, the device of Mills discloses the invention as disclosed in the rejection of claim 1 above. Mills does not disclose that the first housing portion has a groove (32) adjacent, and extending a length of the first cavity (Fig. 2A) and the second housing portion has a protrusion (34) adjacent ,and extending a length the second cavity (Fig. 3A), such that the groove on the first housing receives the protrusion on the second housing portion when the first and second housing portions are mated together (Fig. 1F).
Knox teaches a tip cover comprising first and second housing portions, the first housing portion has a groove (33) adjacent, and extending a length of the first cavity (Fig. 1) and the second housing portion has a protrusion (32) adjacent ,and extending a length the second cavity (Fig. 1), such that the groove on the first housing receives the protrusion on the second housing portion when the first and second housing portions are mated together (Fig. 3).
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 mating mechanism of Mills, by replacing it with the mating mechanism (32/33) as taught by Knox, since the modification is a simple substitution of one known mating mechanism for another mating mechanism to obtain predictable results is one of ordinary skill in the art (MPEP 2143 B).
With regard to claim 9, the device of Mills discloses the invention as disclosed in the rejection of claim 1 above. Mills does not disclose that the first and second housing portions are comprised of plastic.
Knox further teaches the first and second housing portions are comprised of plastic (abstract).
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 cover tip of Mills, by making it out of plastic as taught by Knox, since plastic is low cost and can be mass produced by injection molding (abstract).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Melikian (US 2017/0010088 A1) in view of Mills.
With regard to claim 12, the Melikian discloses a sealant-dispensing robot (Fig. 1), comprising a nozzle tip (14), except a tip cover.
However, Mills teaches a tip cover as disclosed in claim 1.
It is noted by the Examiner that the prior art to Mills and the instant invention are directed to fluid line devices. In accordance with MPEP 2141.01(1), a reference is analogous art to the claimed invention if: (1) the reference is from the same field of endeavor as the claimed invention (even if it addresses a different problem); or (2) the reference is reasonably pertinent to the problem faced by the inventor (even if it is not in the same field of endeavor as the claimed invention). In this instant case, the prior art to Mills is reasonably pertinent to the problem faced by the inventor.
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 sealant-dispensing robot of Melikian, by incorporating the tip cover as taught by Mills, for the benefit of providing a stopper lock to protect the user from inadvertently damage the nozzle tip (lines 9-15).
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 JOEL ZHOU whose telephone number is (571)270-1163. The examiner can normally be reached Mon-Fri 9AM-5PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ARTHUR HALL can be reached at 5712701814. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JOEL . ZHOU
Primary Examiner
Art Unit 3752
/QINGZHANG ZHOU/Primary Examiner, Art Unit 3752
