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 .
DETAILED ACTION
Election/Restrictions
Claims 1-6, 10, and 12 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species A, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on May 6, 2025.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the "flexible insert" in claim 7, 8, 11, 14, and 15 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claim 18 recites the limitation "the inner and outer vertical side surfaces" in 18. There is insufficient antecedent basis for this limitation in the claim. The Examiner recommends that Applicant amends the claim to utilize the same terminology as claim 17 in order to establish antecedent basis.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 7-8 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Gueret (US 5301850 A).
In regards to claim 7, Gueret discloses a pump top for a liquid dispenser (dispensing head 703) comprising: a top half (top half indicated by the location strip 705), a bottom half (bottom half indicated by the location of the part 704), and a flexible insert positioned between the top and bottom halves (strip 705 of resilient material, col. 13 lls. 14-22), and wherein the flexible insert comprises a liquid guide formed to lie beneath a bottom surface of the top half, the liquid guide being formed by an inner side surface and an outer side surface (please refer to the annotated figure below),
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the liquid guide being configured to provide a liquid flow path to conduct liquid to be dispensed to a liquid outlet port (dispensing opening 704a).
In regards to claim 8, Gueret discloses wherein the flexible insert further comprises first and second raised flexible ridges formed around the liquid guide (ribs 705b corresponding to grooves 704b) and configured such that when the top and bottom halves are attached together, the flexible insert is compressed and the first and second raised ridges form a liquid seal around the liquid flow path provided by the liquid guide (col. 13 lls. 14-22).
In regards to claim 11, Gueret discloses wherein the flexible insert is formed of silicone rubber (col. 3 lls. 4-14, whereas the obturator is designed to form a seal, as such the flexible insert and the obturator as synonymous).
In regards to claim 15, Gueret discloses wherein the flexible insert is formed of silicone rubber (col. 3 lls. 4-14, whereas the obturator is designed to form a seal, as such the flexible insert and the obturator as synonymous).
In regards to claim 17, Gueret discloses wherein the inner and outer side surfaces are each vertically disposed (refer to the annotated figure below).
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Indicated by the guide lines and the description of the interface between the ribs 705b and grooves 704b (col. 13 lls. 18-23) it is shown that the outer and inner surfaces are vertically disposed in reference to the top and bottom surfaces of the bottom and top half, respectively.
In regards to claim 18, Gueret discloses wherein the inner and outer vertical side surfaces are each vertically disposed (please refer to the annotated figure below).
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Indicated by the guide lines and the description of the interface between the ribs 705b and grooves 704b (col. 13 lls. 18-23) it is shown that the outer and inner surfaces are vertically disposed in reference to the top and bottom surfaces of the bottom and top half, respectively.
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 9 is rejected under 35 U.S.C. 103 as being unpatentable over Gueret (US 5301850 A).
In regards to claim 9, Gueret discloses the top half, the bottom half, and the flexible insert in the embodiment utilized for the rejection of claim 7, however said embodiment remains silent to a respective rear perimeter of each of the top half, the bottom half, and the flexible insert each follow the same semicircular contour. In an alternate embodiment, exemplified by Fig. 4, Gueret teaches a respective rear perimeter of each of the top half, the bottom half, and the flexible insert each follow the same semicircular contour (refer to the annotated figure below);
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It would have been prima facie obvious to one having ordinary skill in the art before the effective filing date to modify the top half and flexible insert to follow the same semicircular contour as the rear perimeter of the bottom half. By modifying the top half and flexible insert, the design and assembly is simplified into a coherent profile and comes more readily into contact with the bottom half (col. 11 lls. 41-43).
In regards to claim 13, Gueret discloses wherein the liquid flow path in the embodiment utilized in the rejection of independent claim 7; However, remains silent to the liquid flow path comprises first and second flow channels. In an alternate embodiment, depicted by Fig. 10, Gueret teaches the liquid flow path comprises first and second flow channels (Fig. 10 and col. 13 lls. 11-13). The Court has ruled that drawings and pictures can anticipate claims if they clearly show the structure which is claimed. In re Mraz, 455 F.2d 1069, 173 USPQ 25 (CCPA 1972). MPEP 2125. It would have been prima facie obvious to one having ordinary skill in the art before the effective filing date to modify the flow path to include a first and second flow channel. By doing so, one skilled in the art would be capable of dispensing two simultaneous products (col. 13 lls. 11-13).
In regards to claim 14, Gueret discloses wherein the top half, the bottom half, and the flexible insert in the embodiment utilized for the rejection of claim 8, however said embodiment remains silent to a respective rear perimeter of each of the top half, the bottom half, and the flexible insert each follow the same semicircular contour. In an alternate embodiment, exemplified by Fig. 4, Gueret teaches a respective rear perimeter of each of the top half, the bottom half, and the flexible insert each follow the same semicircular contour (refer to the annotated figure below);
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It would have been prima facie obvious to one having ordinary skill in the art before the effective filing date to modify the top half and flexible insert to follow the same semicircular contour as the rear perimeter of the bottom half. By modifying the top half and flexible insert, the design and assembly is simplified into a coherent profile and comes more readily into contact with the bottom half (col. 11 lls. 41-43).
In regards to claim 16, Gueret discloses wherein the liquid flow path in the embodiment utilized in the rejection of independent claim 8; However, remains silent to the liquid flow path comprises first and second flow channels. In an alternate embodiment, depicted by Fig. 10, Gueret teaches the liquid flow path comprises first and second flow channels (Fig. 10 and col. 13 lls. 11-13). The Court has ruled that drawings and pictures can anticipate claims if they clearly show the structure which is claimed. In re Mraz, 455 F.2d 1069, 173 USPQ 25 (CCPA 1972). MPEP 2125. It would have been prima facie obvious to one having ordinary skill in the art before the effective filing date to modify the flow path to include a first and second flow channel. By doing so, one skilled in the art would be capable of dispensing two simultaneous products (col. 13 lls. 11-13).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Neuhaus et al. (US 8863994 B2) for the usage of a flexible insert to establish a flow path and Laidler et al. (US 7651013 B2) for including the flow path integrated into the flexible insert. .
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER STEVEN PARISI whose telephone number is (571)270-5490. The examiner can normally be reached Mon - Fri 8:00 - 5:00 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Angwin can be reached at (571) 270-3735. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER S. PARISI/Examiner, Art Unit 3754
/DAVID P ANGWIN/Supervisory Patent Examiner, Art Unit 3754