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 .
Claim Rejections - 35 USC § 102
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(s) 1-3, 6-10, 12-16, 18, 19 and 23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fore (U.S. Pub. 2018/0200738).
Regarding claim 1, Fore discloses an aerosol dispenser for actuating an aerosol valve (150) for dispensing an aerosol product from an aerosol container, comprising:
a base (110) having a base wall defining an interior surface, an exterior surface, an upper edge and a lower edge;
a container mount (130) for securing said base to the aerosol container (50);
a base opening (114) in said base;
an actuator (110) having an actuator wall defining an interior surface, an exterior surface, an upper surface and a lower edge;
a nozzle (136) coupled to said actuator and extending between the aerosol valve and a terminal orifice;
an actuator mount (126) for securing said actuator to said base;
said terminal orifice aligning with said base opening for defining a dispensing position of said actuator relative to said base (seen in Fig. 6);
said terminal orifice non-aligning with said base opening for defining a non-dispensing position of said actuator relative to said base (seen in Fig. 2);
said actuator being displaced vertically relative to said base for actuating the aerosol valve and dispensing the aerosol product from the aerosol container in said dispensing position;
said actuator being pivotably displaced relative to said base for positioning said actuator between said dispensing position and said non-dispensing position (¶ [0036]: “rotates”);
a primary base pivot terminator (146) in said base;
a primary actuator pivot terminator (118) in said actuator; and
said primary base pivot terminator abutting with said primary actuator pivot terminator for defining an interlock and terminating pivoting of said actuator relative to said base in said dispensing position (¶ [0051]).
Regarding claim 2, Fore discloses a secondary base pivot terminator (142) in said base;
a secondary actuator pivot terminator (140) in said actuator; and
said secondary base pivot terminator abutting with said secondary actuator pivot terminator for defining a second interlock and terminating pivoting of said actuator relative to said base in said non-dispensing position.
Regarding claim 3, Fore discloses wherein said primary base pivot terminator including a base notch in said base (notches can be seen in Figs 12 and 13 in 146);
said primary actuator pivot terminator including an actuator step (¶ [0051]: “tabs 118 have hooks for being retained in the slots 146”) coupled to said exterior surface of said actuator;
said actuator step extending into said base notch and said actuator step abutting with said base notch for defining said interlock and terminating pivoting of said actuator relative to said base in said dispensing position; and
said actuator step traversing in said base notch for permitting said actuator being pivotably displaced relative to said base between said dispensing position and said non-dispensing position.
Regarding claim 6, Fore discloses an arcuate upper edge in said upper edge of said base; and said arcuate upper edge defining a tapering edge and allowing a descending force upon said actuator to extend relative said base. (seen in Fig. 5, proximate identifier 110)
Regarding claim 7, Fore discloses an arcuate upper edge in said upper edge of said base (seen in Fig. 5, proximate identifier 110); said arcuate upper edge defining a tapering edge;
said tapering edge exposing a portion (120) of said actuator for defining an actuator grip surface in said exterior surface of said actuator; and said actuator grip surface allowing grasping of said actuator for pivotably displacing said actuator relative to said base.
Regarding claim 8, Fore discloses a symbol coupled to said exterior surface of said actuator and visible in said dispensing position for providing a visible indication said actuator is in said dispensing position relative to said base. (seen as an “up arrow” through 114 in Fig. 6)
Regarding claim 9, Fore discloses a symbol coupled to said exterior surface of said actuator and visible in said dispensing position for providing a visible indication said actuator is in said dispensing position relative to said base; and said symbol visible within said base notch in said base. (seen as an “up arrow” through 114 in Fig. 6)
Regarding claim 10, Fore discloses a second symbol coupled to said exterior surface of said actuator and visible in said non-dispensing position for providing a visible indication said actuator is in said non-dispensing position relative to said base. (seen as a “lock” through 114 in Fig. 2)
Regarding claim 12, Fore discloses including a symbol coupled to said exterior surface of said actuator and visible in said non-dispensing position for providing a visible indication said actuator is in said non-dispensing position relative to said base; and said symbol visible within said base opening in said base. (seen as a “lock” through 114 in Fig. 2)
Regarding claim 13, Fore discloses a base tab (142) coupled to said base;
an actuator tab (140) coupled to said actuator;
said base tab abutting with said actuator tab for defining an interior interlock and terminating pivoting of said actuator relative to said base in said non-dispensing position (¶ [0052]); and
said second interlock (from claim 2) coinciding with said interior interlock for defining a dual interlock for terminating pivoting of said actuator relative to said base in said non- dispensing position.
Regarding claim 14, Fore discloses a base shoulder (Fig. 13: 140) coupled to said base; an actuator tab (124) coupled to said actuator; and
said base shoulder abutting with said actuator tab in said non-dispensing position for defining an interior dispensing lock and preventing vertical displacement of said actuator relative to said base and preventing dispensing of the aerosol product from the aerosol container. (¶ [0052])
Regarding claim 15, Fore discloses a base channel (144) coupled to said base;
an actuator tab (124) coupled to said actuator;
said base channel receiving said actuator tab upon said actuator being displaced vertically relative to said base for defining an interior aligning guide and guiding said actuator relative to said base during vertical displacement of said actuator relative to said base; and
said interior aligning guide coinciding with said dispensing position. (¶ [0052])
Regarding claim 16, Fore discloses (see annotated Fig. 3, below) that the nozzle includes a vertical nozzle member, a horizontal nozzle member, and an arcuate nozzle member coupling said vertical nozzle member and said horizontal nozzle member.
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Regarding claim 18, Fore discloses the upper surface of said actuator includes a concave surface (top of 120 seen in Fig. 3 and others) for centering a descending force upon said actuator.
Regarding claim 19, Fore discloses that the concave surface includes a textured surface for frictionally engaging said actuator for applying a descending force upon said actuator. (Texture can be seen in Fig. 2 and others)
Regarding claim 23, Fore discloses a base tab (142) coupled to said base;
an interior guide platform (140) coupled to said interior surface of said actuator; and
said interior guide platform abutting said base tab for defining an anti-rock guide and preventing wedging of said actuator with said base during vertical displacement of said actuator relative to said base.
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(s) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fore as applied to claim 1 above, and further in view of Benson, et al. (“Benson”) (U.S. Pub. 2012/0187154).
Regarding claim 22, Fore discloses that the actuator is vertically displaced relative to the base for dispensing the aerosol product from the aerosol container (¶ [0054]) but does not specify a range of displacement.
Benson discloses an aerosol dispenser with an actuator that is vertically displaced relative to a base for dispensing an aerosol product from an aerosol container (Fig. 9) and teaches that the vertical displacement may be 0.080 inches to 0.200 inches (¶ [0037]).
Therefore, it would have been obvious to one with ordinary skill in the art, prior to the effective filing date of the claimed invention, to borrow the teaching of Benson, by selected a range of vertical displacement for the actuator relative to the base, based on the dimensions and requirements of the valve.
Allowable Subject Matter
Claims 4, 5, 11, 17, 20, 21 and 24 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.
Claim 4 requires a step height for protruding said actuator step above said exterior surface of said base; and said actuator step defining a rotation tab for pivoting said actuator relative to said base. Fore fails to disclose a rotation tab and it would not have been obvious to modify Fore barring improper hindsight analysis.
Claim 5 requires a step top surface; and said step top surface having a textured surface for frictionally engaging said actuator for pivoting said actuator relative to said base. Fore fails to disclose a step top surface for frictionally engaging said actuator for pivoting said actuator relative to said base and it would not have been obvious to modify Fore barring improper hindsight analysis.
Claim 11 requires symbol visible within said base notch in said base. The base notch identified in Fore would not support such a limitation and it would not have been obvious to modify Fore barring improper hindsight analysis.
Claim 17 requires that the actuator preventer tab defining a resistance interlock and requiring added rotation force for displacing said actuator preventer tab over said base preventer tab. Fore fails to disclose a resistance interlock and requiring added rotation force for displacing said actuator preventer tab over said base preventer tab and it would not have been obvious to modify Fore barring improper hindsight analysis.
Claim 20 requires a base notch, an upper notch and a lower notch. Fore discloses a base notch but not additional notches and it would not have been obvious to modify Fore barring improper hindsight analysis.
Claim 21 requires a base shoulder abutting with said actuator tab in said non-dispensing position. Fore fails to disclose a base shoulder abutting with said actuator tab in said non-dispensing position and it would not have been obvious to modify Fore barring improper hindsight analysis.
Claim 24 requires a detent for positioning and locking the actuator relative to the base in the dispensing position. Fore fails to disclose a detent for positioning and locking the actuator relative to the base in the dispensing position and it would not have been obvious to modify Fore barring improper hindsight analysis.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See form PTO-892, attached.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL J MELARAGNO whose telephone number is (571)270-7735. The examiner can normally be reached Mon - Fri: 8 am - 5 pm +/- flex.
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/MICHAEL J. MELARAGNO/ Examiner, Art Unit 3754