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 .
Election/Restrictions
Applicant’s election without traverse of Group II (claims 14-24) in the reply filed on 11/14/2025 is acknowledged. Claims 14-24 are dependent upon claim 1. Therefore, claims 1 and 14-24 will be examined on the merits.
3. Claims 2-13, 25-32 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/14/22025.
Drawings
4. 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 outer first end surface of the spray nozzle of claim 19, the solid cartridge wall of claim 23, and the first wall end and second wall end of claim 24 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
5. The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 84 (outer first end surface of the spray nozzle, see Paragraph 0180).
6. The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character 86 has been used to designate two different surfaces of outlet 80 (see Figs. 4C and 6E, referring to an upper surface contacting the metal plate 90, and Fig. 6F, referring to a lower surface where seal 82 is indicated). It is unclear whether Applicant intends the reference character to refer to both surfaces, as the specification appears to only use the reference character in describing the latter (see Paragraph 0180).
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. 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 Objections
7. Claims 1, 14, 21, and 23-24 are objected to because of the following informalities:
Claim 1, line 7, “first and second positions” should read --a first position and a second position-- for clarity.
Claim 14, line 4, “first and second ends” should read --a first end and a second end-- for clarity. Subsequent recitations should be modified accordingly (e.g., see lines 4-5).
Claim 21, line 2, “first and second layers” should read --a first layer and a second layer-- for clarity.
Claim 23, line 4, “first and second ends” should read --a first end and a second end-- for clarity. Subsequent recitations should be modified accordingly (e.g., see lines 4-5).
Claim 24, line 1, “first and second wall ends” should read --a first wall end and a second wall end-- for clarity. Subsequent recitations should be modified accordingly (e.g., see line 3).
Appropriate correction is required.
Claim Rejections - 35 USC § 112
8. 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.
9. Claims 18-20 and 23-24 are 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.
Regarding claim 18, the claim recites “an outlet of the head part of the collapsible cartridge” in lines 1-2. Claim 1, upon which the instant claim depends, already recites “an outlet of the cartridge” in line 4, raising the question of double inclusion and thus rendering the scope of the claim indefinite.
Regarding claim 23, the claim recites “so as to a trumpet shape” in line 7. This appears to be a typographical error. For purposes of examination, the claim will be interpreted to read --so as to have a trumpet shape--, consistent with similar language in claim 14.
Claim Rejections - 35 USC § 102
10. 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.
11. Claims 1, 14, 18, and 22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Williams (US 2013/0341352).
Regarding claim 1, Williams discloses a dispenser (see especially the embodiment of Figs. 12-16), comprising:
a receptacle (103) configured to repeatedly receive a cartridge (105);
a piston (1305) connectable to a rack (1335 with 1330) moveable through the receptacle and configured to urge materials stored inside the cartridge towards an outlet of the cartridge to dispense the materials stored therein (Paragraph 0044),
a spray nozzle lever (117) configured to activate a spray application and a trigger (123) for activating both a movement of the rack of the dispenser in the direction of the receptacle and of the spray nozzle lever between first and second positions (pulling trigger 123 causes movement of 117 for dispensing, which in turn causes advancement of the piston via rack 1330/1335 - see Fig. 15, Paragraphs 0040-0045; Examiner also notes that the embodiment of Fig. 1 would meet the instant claim, as it appears that the device could be configured such that pulling trigger 123 also engages trigger 127, which moves rack 131).
Regarding claim 14, Williams discloses a cartridge assembly (see Figs. 12-16) for insertion into the dispenser according to claim 1, the cartridge assembly comprising: the cartridge (105), the cartridge being a collapsible cartridge (Paragraph 0025) having a film cartridge wall (body of 105) and a solid head part (valve 109 connected to spray tip 107); and a support sleeve (1215) comprising first and second ends and a longitudinal axis extending between the first and second ends (1215 is cylindrical, Paragraph 0041), the support sleeve being configured to receive the collapsible cartridge and the first end being configured to be connected to the head part (the first end has an opening to receive the head part; “spray tip 107 and valve 109 are inserted through an opening in end cap 1215”, Paragraph 0041), and the second end of the sleeve extending radially outwardly from the longitudinal axis so as to have a trumpet shape (see rim around opposite end of 1215, Fig. 16).
Regarding claim 18, Williams further discloses a spray nozzle (107) connected to an outlet of the head part of the collapsible cartridge (via connection to valve 109, Paragraph 0026; see Fig. 2 for example).
Regarding claim 22, Williams further discloses that a material is stored in the collapsible cartridge of the cartridge assembly (“105 is sealed, and is filled with a sprayable liquid material such as paint”, Paragraph 0026).
Claim Rejections - 35 USC § 103
12. 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.
13. Claims 15-16 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Williams in view of Weiperth (WO 02/36457).
Regarding claims 15-16, Williams discloses the cartridge assembly according to claim 14, but is silent regarding details of the connection between the head part and the support sleeve and thus does not disclose a support sleeve having two to 15 noses.
Weiperth teaches a cartridge with a head part (11) connected to a support sleeve (1) via a set of noses (claw profiles 18) that are received in an annular groove (groove of the tapered profiles 17; Page 8, lines 11-20). The arrangement described by Weiperth places the noses on the head part and the annular groove in the support sleeve, which differs from the arrangement of the claimed invention. However, the placement of each of the features on one element or the other does not appear to impact the operation of the device and would thus be considered a matter of design choice to one having ordinary skill in the art.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the application to provide the cartridge assembly of Williams with two to 15 noses received in an annular groove, as taught by Weiperth, in order to form the connection between the support sleeve and the solid head part. Since Williams is silent regarding the connection, one having ordinary skill in the art would recognize this design need and would look to the prior art for solutions, of which Weiperth provides a suitable example.
Regarding claim 19, Williams discloses the cartridge assembly according to claim 18, but is silent regarding the connection between the spray nozzle and the outlet of the head part.
Weiperth teaches a seal (O-rings between valve house 11 and valve stem 12, see the Abstract) arranged between an outer first end surface of the spray nozzle and an inner surface of an outlet passage of the outlet of the head part of the cartridge (see 13 in Fig. 4).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the application to provide the cartridge of Williams with a seal in the location taught by Weiperth in order to prevent leakage around the spray nozzle connection. Since Williams is silent regarding the connection, one having ordinary skill in the art would recognize this design need and would look to the prior art for solutions, of which Weiperth provides a suitable example.
14. Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Williams in view of Janssen et al. (US 2008/0144426).
Williams discloses the cartridge assembly according to claim 14, but does not disclose a plurality of reinforcing ribs on an outer surface of the second end.
Janssen et al. teach a cartridge assembly (670, Figs. 10A-10B) having a sleeve element (body of 646) with a second end (attached to base 641) having a plurality of reinforcing ribs on an outer surface of the second end (see triangular elements in Figs. 10A-10B). Janssen et al. teach that this configuration enables the cartridge assembly to stand upright on a flat surface, making use and storage more convenient (Paragraph 0201).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the application to provide the support sleeve of Williams with a base, as taught by Janssen et al., in order to enable the cartridge assembly to stand upright on a flat surface for more convenient use and storage. Doing so would require a portion of the support sleeve to extend the length of the full cartridge while still allowing the rack to operate so as to move the piston during use. Thus the sleeve and base would not completely surround the cartridge, making the cartridge assembly less stable when standing upright. One having ordinary skill in the art would recognize that reinforcing ribs such as the ones shown by Janssen et al. would improve stability for standing the cartridge assembly upright.
15. Claims 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Williams in view of Mekata et al. (US 9,475,636).
Williams discloses the cartridge assembly according to claim 18, but is silent regarding the connection of the spray nozzle to the outlet of the head part and thus does not disclose a seal arranged between the spray nozzle and the outlet of the head part, or that the spray nozzle is crimped into place at the outlet of the head part of the collapsible cartridge by a metal plate.
Mekata et al. teach a collapsible cartridge (see Fig. 3) having a head part (26) with an outlet (opening defined by 26d) and a spray nozzle (27), wherein a seal (28) is arranged between an outer first end surface of the spray nozzle (see 27b) and an inner surface of an outlet passage of the outlet of the head part (inside surface of 26d) of the collapsible cartridge, and wherein the spray nozzle is crimped into place at the outlet of the head part of the collapsible cartridge by a metal plate (cover 30; similar crimped covers are described as made of metal, see for example 147 in Fig. 16, Col. 22, lines 39-52 and Col. 23, lines 53-55), the metal plate being folded into an undercut present at an outer surface (outside surface of 26d) of the outlet. Mekata et al. teach this configuration as a means of providing a hermetic seal between a flexible bag and a valve assembly having a spray nozzle/valve stem (Col. 11, line 64 - Col. 12, line 9).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the application to provide the cartridge of Williams with a seal and a metal plate crimping the spray nozzle into place, as taught by Mekata et al., in order to provide a secure and leakproof spray nozzle connection to the head part of the cartridge. Since Williams is silent regarding the connection, one having ordinary skill in the art would recognize this design need and would look to the prior art for solutions, of which Mekata et al. provide a suitable example.
16. Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Williams in view of Springhorn (US 9,579,686).
Williams discloses the cartridge assembly according to claim 14, but does not disclose that the head part has a double layered structure with first and second layers being connected to one another via a plurality of walls extending parallel to the longitudinal axis of the support sleeve when the head part is attached to the support sleeve.
Springhorn teaches a collapsible cartridge (see 10 in Fig. 1 having collapsible containers 12, 14) with a head part (16) having a double layered structure with first and second layers being connected to one another via a plurality of walls extending parallel to the longitudinal axis of the cartridge (see annotated Fig. 1 below). It is apparent from the figures of Springhorn (e.g., see Figs. 1 and 4A) that this construction is used to conform to the rounded shape of the end of the collapsible container while providing a flat bearing surface (42, 44) for dispensing from the collapsible cartridge. Examiner notes that a similar double layer structure with supporting walls is also employed between the neck (46) and the top surface, which would provide rigidity against lateral forces on the nozzle during dispensing.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the application to provide the head part of Williams with a double layered structure, as taught by Springhorn, in order to provide a rigid and flat bearing surface against which the container is collapsed during dispensing. When implemented in the cartridge of Williams, the plurality of walls would extend parallel to the longitudinal axis of the support sleeve when the head part is attached to the support sleeve, thus arriving at the claimed invention.
PNG
media_image1.png
306
364
media_image1.png
Greyscale
Fig. 1 of Springhorn, annotated by Examiner
17. Claims 23-24 are rejected under 35 U.S.C. 103 as being unpatentable over Williams in view of Herold et al. (US 5,286,105).
Williams discloses all the features of the claimed invention (as described above with respect to claim 14) except for the cartridge having a solid cartridge wall with first and second wall ends. Williams instead teaches a collapsible cartridge received directly by the support sleeve.
Herold et al. teach a solid cartridge having a solid head part (14) and a solid cartridge wall (12, 13) with first and second wall ends, the first wall end comprising the head part (connection with 14 in Fig. 1) and the second wall end (41, 42) extending radially outwardly from a longitudinal axis extending between the first and second wall ends (“outwardly flaring conical surface portions” that guide and align the piston, Col. 4, lines 13-24). Herold et al. teach that these solid cartridges may either be filled directly with a material to be dispensed, or may contain flexible bags that hold the materials (Col. 4, lines 25-32).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the application to provide the cartridge of Williams with a solid cartridge wall to receive the film cartridge wall and solid head part, as taught by Herold et al., in order to provide a containment structure for the film cartridge wall as it is collapsed during use, as well as to provide a structure to facilitate assembly with the support sleeve (e.g., to give a user a solid surface to grip) and handling/storage when the cartridge is not in use (e.g., to surround and protect the flexible bag). Williams illustrates containment of the collapsible cartridge during use (see Fig. 7), but is silent as to any structure for performing that function. One having ordinary skill in the art would recognize this design need and would look to the prior art for solutions, of which Herold et al. provides a suitable example.
Conclusion
18. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 form. In particular, Segatz (US 4,685,595) and Cheong et al. (WO 2009/007204) disclose dispensers relevant to claim 1, Herold et al. (US 5,419,460) discloses a collapsible cartridge assembly relevant to claim 14, and Keller (US 8,074,843) discloses a solid cartridge assembly relevant to claim 23. Rahm et al. (US 9,205,970), Lavelanet (EP 3632575), Melia (US 2014/0124533), Frey, Sr. et al. (US 2020/0406290), Schneider et al. (US 2008/0011784), Springhorn (US 2017/0144187), Eierle et al. (US 5,301,839), Hanten (US 9,688,443), and Mizrahi (US 6,435,373) disclose cartridges and/or cartridge assemblies particularly relevant to various features claimed in the instant application.
19. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL C PATTERSON whose telephone number is (571)270-5558. The examiner can normally be reached M-F 7:30-4:00 CST.
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, Paul Durand can be reached at 571-272-4459. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MICHAEL C PATTERSON/Examiner, Art Unit 3754
/FREDERICK C NICOLAS/Primary Examiner, Art Unit 3754