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 Status
Pending claims 1-20 are addressed below.
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 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 1, 2, 6, 7, 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dobias (US 20130193232).
Regarding claim 1, Dobias discloses an applicator for dispensing a fluid, comprising:
a housing (50, 51; fig. 1);
a pump (fig. 6: 72) disposed within the housing; and
a wand (29) extending in a first direction between a first end (at 86) and a second end (90), the wand rotatably coupled to the housing between an open position (fig. 3) and a closed position (fig. 1),
wherein: regardless of whether the wand is in the open position, the closed position, or between the open position and the closed position, a conduit (62) extends from the pump to the first end of the wand such that the fluid flows in the first direction enroute to being dispensed from the second end of the wand (as long as trigger 39 is pressed to open the pinch valve, flow is allowed through the conduit 62 regardless of wand position; par. 57),
the wand defines an aperture (opening at 86 where 62 extends through) through which the conduit enters the first end of the wand such that the conduit extends in a second direction non-parallel to the first direction to enter the first end (see annotation below),
the wand (29) defines a duct (tubular space inside the wand 29) extending between the first end of the wand and the second end of the wand (see fig. 3), and the conduit (62) extends inside the duct of the wand between the first end of the wand and the second end of the wand (see fig. 3, extension of 62 is shown in dashed line inside wand 29), and
the conduit remains in the aperture when the wand is in the open position, the closed position, and between the open position and the closed position (see figs. 1, 6 and 23).
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Regarding claim 2, Dobias discloses the applicator of claim 1, wherein: the wand comprises a curved surface which defines the aperture (curve surface at 86 and 96, see fig. 1), and the curved surface cooperates with at least one of a housing curved surface or a housing curved edge (edge adjacent 86 and/or protruding members 94) to move between the open position and the closed position (see figs. 1, 10, 23).
Regarding claim 6, Dobias discloses the applicator of claim 1, comprising: a nozzle (90) attached to the second end of the wand, wherein the conduit extends between the pump and the nozzle to deliver the fluid from the pump to the nozzle at the second end of the wand (see figs. 3 and 6).
Regarding claim 7, Dobias discloses the applicator of claim 1, wherein the wand is rotatable through an angle of about 180 relative to the housing (see figs. 1 and 3).
Regarding claim 10, Dobias discloses the applicator of claim 1, wherein the first direction is perpendicular to the second direction (see fig. 23).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 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.
Allowable Subject Matter
Claims 3-5, 8, 9 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The most relevant prior arts include Bochmann (US 3901449), Lovitt (US 5097540) and Dobias (US 20130193232). The combination of the prior arts teaches various features of the claimed invention, as presented above but fail to teach or suggest, other limitations of claims 3-5, 8, 9 beyond teachings addressed for rejected claims shown above.
Claims 11-20 are allowed.
The following is an examiner’s statement of reasons for allowance:
The most relevant prior arts include Bochmann (US 3901449), Lovitt (US 5097540) and Dobias (US 20130193232). The combination of the prior arts teaches various features of the claimed invention, as presented above but fail to teach or suggest, other limitations of claims 11 and 16 beyond teachings addressed for rejected claims shown above.
Claims 12-15 and 17-20, depending from claim 11 and claim 16, are therefore also allowed.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
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 TUONGMINH NGUYEN PHAM whose telephone number is (571)270-0158. The examiner can normally be reached 9AM - 5PM M-F.
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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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/TUONGMINH N PHAM/Primary Examiner, Art Unit 3752