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 November 7, 2025 have been fully considered but they are not persuasive. Amendments to the current set of claims have not changed the scope of the claimed invention, and the previous prior art rejection still stands.
On page 1 of the Remarks section, Applicant discusses the amendments made to the Specification and the claims due to the objection and 112 rejections made. The Examiner has withdrawn them as a result.
On pages 2-4, Applicant argues against the previous 103 prior art rejection involving primary reference Brandreth, (US 2012/0074052), and secondary references Johnson et al., (“Johnson”, US 2013/0101478), and Brandreth, III (“Brandreth 2”, US 2004/0108262). Applicant summarizes the disclosures and combinations used in the references. Then, Applicant asserts that the references would not motivate a person having ordinary skill in the art to create Applicant’s invention. Applicant points to Johnson, arguing that Johnson does not disclose “a sealed base” as claimed, noting that it discloses a first and second vertically stackable cartridge with bottom members having openings for flow. Applicant concludes that because its bottom members allow flow therethrough, they are not sealed. However, the Examiner notes that paragraph [0037] of Johnson, which was previously cited, states that “the locator on the cartridge 50….are in engagement with a common feature of the bulk feeder” and “can take advantage of internal features of the bulk feeder to maintain the stackable cartridges in a fixed rotational condition”. The Examiner finds that the cartridge 50 is fixed with a locator at its bottom/base 58 to standpipe 23, in which dictionary.com defines “sealed” as:
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The Examiner notes that the bottom cartridge 50 is engaged in a fixed rotational condition, hence “tightly secured”, or “sealed”. The Examiner finds Applicant’s remark here unpersuasive for this reason, (https://www.dictionary.com/browse/seal).
Then, Applicant also argues that Johnson does not disclose “a base flange extending radially outward from said sealed base”, asserting that the element indicated in Figure 2 of Johnson is not described in the disclosure or claims. Applicant argues that because Johnson does not discuss this feature in detail in the disclosure, that it is not clear that Johnson actually discloses a flange as indicated. However, the Examiner notes that an extended lip of Cartridge 50 in Figure 7, not Figure 2 is shown. The Examiner reproduces an annotated illustration of this figure, taking the position that this element is made clear in this drawing.
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The Examiner notes that paragraph [0039] of Johnson further discusses this detail, “the bottom portion of stackable cartridge 50 includes a similar locater 58 for engaging with the same standpipe the stackable cartridge 50 and stackable cartridge 70 can be maintained in the same orientation with respect to each other and to the bulk feeder to provide fluid alignment between the stackable cartridges”, which is a similar discussion to a portion of the motivation already provided “in order to maintain “stackable cartridges…in vertical interacting flow alignment with each other to provide enhanced control of the delivery of the” chemical, (See Abstract, Johnson)”. Therefore, the Examiner concludes that the disclosure of Johnson does discuss this indicated feature. The Examiner finds this remark unpersuasive as a result.
On pages 3-4, Applicant repeats that Johnson does not disclose a sealed base, base flange, and support members. The Examiner takes the position that Johnson does disclose the sealed base and base flange for the reasons stated above. The Examiner also notes that the limitation “support members” discussed in this portion is not claimed and is also not excluded from being part of the claimed invention. This comment is considered unpersuasive as a result.
Then, Applicant asserts that the “Examiner has not made the requisite factual findings to conclude that there is some teaching, suggestion, or motivation in the prior art” to motivate one of ordinary skill in the art to modify the references to arrive at the claimed invention. Applicant also argues that even if the combination of primary reference Brandreth and secondary reference Johnson teaches Applicant’s invention, there is no motivation provided why one would modify them to do so. However, the Examiner notes that there were motivations explicitly provided in the previous and current rejection which state “to maintain ‘stackable cartridges…in vertical interacting flow alignment with each other to provide enhanced control of the delivery of the’ chemical, (See Abstract, Johnson), that can deliver ‘two or more biocides’, (See paragraph [0010], Johnson), instead of using multiple feeders, (See paragraph [0010], Johnson)” and “to create a ‘pressure differential caused by the large volume flow of water through the tubular filter means above the dispenser cartridge’, (See paragraph [0011], Brandreth 2), to ‘maintain precise percentages of chemical solution, does not produce excessive chemical concentration during periods of no water flow, and does not introduce excessive amounts of dissolved chemical when water flow is resumed’, (See paragraph [0007], Brandreth 2).” The Examiner notes that Applicant has not addressed the actual motivations provided, and why they would allegedly not provide a reason to modify the disclosed inventions. The Examiner finds these assertions unpersuasive as a result.
Thus, the prior art rejections remain.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Brandreth, (US 2012/0074052), in view of Johnson et al., (“Johnson”, US 2013/0101478), in further view of Brandreth, III (“Brandreth 2”, US 2004/0108262).
Regarding Claims 1-10, Brandreth discloses a chemical dispenser device, (See Abstract), comprising: a dispensing member comprising a dispensing wall, (Member 11, See Figure 2, See paragraph [0015]), a bottom opening, (Open Bottom 18, See Figure 2, See paragraph [0016]), a secondary inflow aperture disposed through said dispensing wall, (Flow Opening 16, See Figure 2, See paragraph [0015]), a flow separating member bisecting said dispensing wall, (Internal Wall Member 14, See Figure 2, See paragraph [0015]), a secondary outflow aperture disposed through said flow separating member, (Aperture 15, See Figure 2, See paragraph [0015]), a flow aperture disposed through the outer perimeter of said dispensing wall, (Another Flow Opening 16, See Figure 2, See paragraph [0015]), a dispensing opening disposed through the top of said dispensing wall, (Open Top 13, See Figure 2, See paragraph [0015]), a sealing flange extending radially outward from said dispensing opening, (Sealing Flange Member 12, See Figure 2, See paragraph [0017]); an upper cartridge member, (Cartridge Member 31, See Figure 2, See paragraph [0016]), comprising a closed bottom, (Closed Bottom 33, See Figure 2, See paragraph [0016]), an upper cartridge wall, (Wall 34, See Figure 2, See paragraph [0016]), a top opening, (Open Top 35, See Figure 2, See paragraph [0016]), a secondary chemical solute located within said upper cartridge member, (Chemical Treatment Substance 42, See Figure 2, See paragraph [0016]); and a lower cartridge member comprising a cartridge top, a lower cartridge wall, a sealed base, a base flange extending radially outward from said sealed base, a primary outflow aperture disposed through said cartridge top, a primary inflow aperture disposed through said lower cartridge wall, and a primary chemical solute located within said lower cartridge member.
Brandreth does not disclose a lower cartridge member comprising a cartridge top, a lower cartridge wall, a sealed base, a base flange extending radially outward from said sealed base, a primary outflow aperture disposed through said cartridge top, a primary inflow aperture disposed through said lower cartridge wall, and a primary chemical solute located within said lower cartridge member.
Johnson discloses a chemical dispenser device with a lower cartridge member, (Cartridge 50, See Figure 7, See paragraph [0041]), comprising a cartridge top, a lower cartridge wall, a sealed base, (Cartridge 50 inherently has top Top Member 51, side wall 52 and bottom member 59, See Figure 7, See paragraph [0036], [0037]), a base flange extending radially outward from said sealed base, (Extended bottom Lip on right side of Cartridge 50, See Figure 7), a primary outflow aperture disposed through said cartridge top, (Top Fluid Passages 53, See Figure 7, See paragraph [0037]), a primary inflow aperture, (Passages 63a, See Figure 4, See paragraph [0036]), and a primary chemical solute located within said lower cartridge member, (Minerals 85, See Figure 7, See paragraph [0042]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the device of Brandreth by incorporating a lower cartridge member comprising a cartridge top, a lower cartridge wall, a sealed base, a base flange extending radially outward from said sealed base, a primary outflow aperture disposed through said cartridge top, a primary inflow aperture, and a primary chemical solute located within said lower cartridge member as in Johnson in order to maintain “stackable cartridges…in vertical interacting flow alignment with each other to provide enhanced control of the delivery of the” chemical, (See Abstract, Johnson), that can deliver “two or more biocides”, (See paragraph [0010], Johnson), instead of using multiple feeders, (See paragraph [0010], Johnson).
Modified Brandreth does not disclose a primary inflow aperture disposed through said lower cartridge wall.
Brandreth 2 discloses a device with a primary inflow aperture disposed through said lower cartridge wall, (Intake Aperture 43 in Cartridge 30, See Figure 2, Brandreth 2). Additional features of this embodiment are included as part of the overall combination.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the device of modified Brandreth by incorporating a primary inflow aperture disposed through said lower cartridge wall as in Brandreth 2 in order to create a “pressure differential caused by the large volume flow of water through the tubular filter means above the dispenser cartridge”, (See paragraph [0011], Brandreth 2), to “maintain precise percentages of chemical solution, does not produce excessive chemical concentration during periods of no water flow, and does not introduce excessive amounts of dissolved chemical when water flow is resumed’, (See paragraph [0007], Brandreth 2).
Additional Disclosures Included:
Claim 2: The device of claim 1, wherein said primary chemical solute partially fills said lower cartridge member such that a lower cartridge void exists between said primary chemical solute and said cartridge top, (Minerals 85 only fill part of Cartridge 50 as shown in Figure 7, Johnson).
Claim 3: The device of claim 2, wherein said primary inflow aperture is disposed through said lower cartridge wall into said lower cartridge void, (Intake Aperture 43 in Wall 38 of Cartridge 30, See Figure 2, See paragraph [0017], Brandreth 2).
Claim 4: The device of claim 1, wherein said secondary chemical solute is deposited in said upper cartridge member, (Chemical Treatment Substance 42 located in Cartridge Member 31, See Figure 2, See paragraph [0016]).
Claim 5: The device of claim 1, wherein said top opening of said upper cartridge member is inserted into said bottom opening of said dispensing member, (Top portion of Cartridge Member 31 inserted through Open Bottom 18, See Figure 2, Brandreth).
Claim 6: The device of claim 5, wherein an upper cartridge void is formed between said secondary chemical solute and said flow separating member, (Open Top 35 and Chemical 42 are spaced from Wall Member 14, See Figure 2, Brandreth).
Claim 7: The device of claim 1, wherein said secondary inflow aperture is located below said flow separating member, (Intake Aperture 17 below Wall Member 14, See Figure 2, See paragraph [0015], Brandreth).
Claim 8: The device of claim 1, wherein said flow aperture is located above said flow separating member, (Flow Openings 16 are located above Wall Member 14, See Figure 2, See paragraph [0015], Brandreth).
Claim 9: The device of claim 8, wherein the size of said secondary inflow aperture is small proportional to the size of said flow aperture, (Height of gap defined by Aperture 17 is smaller than Height of gap defined by Flow Openings 16, See Figure 2, See paragraph [0015], Brandreth).
Claim 10: The device of claim 9, wherein the size of said secondary outflow aperture is small proportional to the size of said flow aperture, (Width of gap defined by Aperture 15 is smaller than Height of gap defined by Flow Openings 16, See Figure 2, See paragraph [0015], Brandreth).
Regarding Claims 11-20, Brandreth discloses a chemical dispenser device in combination with a filter cartridge member, (See Abstract); said filter cartridge member comprising a porous filter body having a hollow core defining an outflow opening and a base, (Filter Body 11/Member 50, Caps 54, Hollow Core 52, Outflow Opening 53, See Figure 2, See paragraph [0014]); said chemical dispenser device comprising: a dispensing member comprising a dispensing wall, (Member 11, See Figure 2, See paragraph [0015]), a bottom opening, (Open Bottom 18, See Figure 2, See paragraph [0016]), a secondary inflow aperture disposed through said dispensing wall, (Flow Opening 16, See Figure 2, See paragraph [0015]), a flow separating member bisecting said dispensing wall, (Internal Wall Member 14, See Figure 2, See paragraph [0015]), a secondary outflow aperture disposed through said flow separating member, (Aperture 15, See Figure 2, See paragraph [0015]), a flow aperture disposed through the outer perimeter of said dispensing wall, (Another Flow Opening 16, See Figure 2, See paragraph [0015]), a dispensing opening disposed through the top of said dispensing wall, (Open Top 13, See Figure 2, See paragraph [0015]), a sealing flange extending radially outward from said dispensing opening, (Sealing Flange Member 12, See Figure 2, See paragraph [0017]); An upper cartridge member, (Cartridge Member 31, See Figure 2, See paragraph [0016]), comprising a closed bottom, (Closed Bottom 33, See Figure 2, See paragraph [0016]), an upper cartridge wall, (Wall 34, See Figure 2, See paragraph [0016]), a top opening, (Open Top 35, See Figure 2, See paragraph [0016]), a secondary chemical solute located within said upper cartridge member, (Chemical Treatment Substance 42, See Figure 2, See paragraph [0016]); and wherein said dispensing member and said upper cartridge member of said chemical dispenser device are disposed within said hollow core of said filter cartridge member at said outflow opening, and said sealing flange being seated above said outflow opening, (Dispensing Member 11/Cartridge Member 31 inside Hollow Core 52 and Sealing Flange Member 12 located above Opening 53, See Figure 2).
Brandreth does not disclose a lower cartridge member comprising a cartridge top, a lower cartridge wall, a sealed base, a base flange extending radially outward from said sealed base, at least one primary outflow aperture disposed through said cartridge top, a primary inflow aperture disposed through said lower cartridge wall, and a primary chemical solute located within said lower cartridge member.
Johnson discloses a chemical dispenser device with a lower cartridge member, (Cartridge 50, See Figure 7, See paragraph [0041]), comprising a cartridge top, a lower cartridge wall, a sealed base, (Cartridge 50 inherently has top Top Member 51, side wall 52 and bottom member 59, See Figure 7, See paragraph [0036], [0037]), a base flange extending radially outward from said sealed base, (Extended bottom Lip on right side of Cartridge 50, See Figure 7), a primary outflow aperture disposed through said cartridge top, (Top Fluid Passages 53, See Figure 7, See paragraph [0037]), a primary inflow aperture, (Passages 63a, See Figure 4, See paragraph [0036]), and a primary chemical solute located within said lower cartridge member, (Minerals 85, See Figure 7, See paragraph [0042]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the device of Brandreth by incorporating a lower cartridge member comprising a cartridge top, a lower cartridge wall, a sealed base, a base flange extending radially outward from said sealed base, a primary outflow aperture disposed through said cartridge top, a primary inflow aperture disposed through said lower cartridge wall, and a primary chemical solute located within said lower cartridge member as in Johnson in order to maintain “stackable cartridges…in vertical interacting flow alignment with each other to provide enhanced control of the delivery of the” chemical, (See Abstract, Johnson), that can deliver “two or more biocides”, (See paragraph [0010], Johnson), instead of using multiple feeders, (See paragraph [0010], Johnson).
Modified Brandreth does not disclose said lower cartridge member of said chemical dispenser device is deposed within said core of said filter cartridge member at the base of said outflow opening, and said base flange encircling the base of said filter cartridge member.
Brandreth 2 discloses a chemical dispenser device, (See Abstract, Brandreth 2), said lower cartridge member of said chemical dispenser device is deposed within said core of said filter cartridge member at the base of said outflow opening, and said base flange encircling the base of said filter cartridge member, (Dispenser Cartridge Member 33 located within Core 54 of Filter Means 53, in which Base Member 62 has Outer Flange 63 surrounding bottom of Filter Means 53, See Figure 2, See paragraph [0020]). the primary inflow aperture disposed through said lower cartridge wall, (Intake Aperture 43 in Cartridge 30, See Figure 2, Brandreth 2). Additional features of this embodiment are included as part of the overall combination.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the device of modified Brandreth by incorporating said lower cartridge member of said chemical dispenser device is deposed within said core of said filter cartridge member at the base of said outflow opening, and said base flange encircling the base of said filter cartridge member and the primary inflow aperture disposed through said lower cartridge wall as in Brandreth 2 in order to create a “pressure differential caused by the large volume flow of water through the tubular filter means above the dispenser cartridge”, (See paragraph [0011], Brandreth 2), to “maintain precise percentages of chemical solution, does not produce excessive chemical concentration during periods of no water flow, and does not introduce excessive amounts of dissolved chemical when water flow is resumed’, (See paragraph [0007], Brandreth 2).
Additional Disclosures Included:
Claim 12: The device of claim 11, wherein said primary chemical solute partially fills said lower cartridge member such that a lower cartridge void exists between said primary chemical solute and said cartridge top, (Minerals 85 only fill part of Cartridge 50 as shown in Figure 7, Johnson).
Claim 13: The device of claim 12, wherein said primary inflow aperture is disposed through said lower cartridge wall into said lower cartridge void, (Intake Aperture 43 in Wall 38 of Cartridge 30, See Figure 2, See paragraph [0017], Brandreth 2).
Claim 14: The device of claim 11, wherein said secondary chemical solute substantially fills the upper cartridge member, (Chemical Treatment Substance 42 located in Cartridge Member 31, See Figure 2, See paragraph [0016], Brandreth).
Claim 15: The device of claim 11, wherein said top opening of said upper cartridge member is inserted into said bottom opening of said dispensing member, (Top portion of Cartridge Member 31 inserted through Open Bottom 18, See Figure 2, Brandreth).
Claim 16: The device of claim 15, wherein an upper cartridge void is formed between said secondary chemical solute and said flow separating member, (Open Top 35 and Chemical 42 are spaced from Wall Member 14, See Figure 2, Brandreth).
Claim 17: The device of claim 11, wherein said secondary inflow aperture is located below said flow separating member, (Intake Aperture 17 below Wall Member 14, See Figure 2, See paragraph [0015], Brandreth).
Claim 18: The device of claim 11, wherein said flow aperture is located above said flow separating member, (Flow Openings 16 are located above Wall Member 14, See Figure 2, See paragraph [0015], Brandreth).
Claim 19: The device of claim 18, wherein the size of said secondary inflow aperture is small proportional to the size of said flow aperture, (Height of gap defined by Aperture 17 is smaller than Height of gap defined by Flow Openings 16, See Figure 2, See paragraph [0015], Brandreth).
Claim 20: The device of claim 19, wherein the size of said secondary outflow aperture is small proportional to the size of said flow aperture, (Width of gap defined by Aperture 15 is smaller than Height of gap defined by Flow Openings 16, See Figure 2, See paragraph [0015], Brandreth).
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 JONATHAN M PEO whose telephone number is (571)272-9891. The examiner can normally be reached M-F, 9AM-5PM.
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/JONATHAN M PEO/Primary Examiner, Art Unit 1779