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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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, 2 and 4-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fletcher (US 2005/0241641 A1).
Re: Claim 1, Fletcher discloses the claimed invention including an end piece (2) for a personal hydration system including a liquid storage means, said end piece (2) comprising:
means (20) for conveying a liquid (Para. 20, suction),
selection means for configuring the end piece in a position chosen from:
a closed position in which the liquid conveying means are blocked (Para. 20, closed position conveying means blocked),
a first position in which the liquid passes through the conveying means to enable direct oral hydration (Fig. 2), and
a second position in which the conveying means are connected to docking means (62) connected to a protective mask (60) and in which the liquid passes through the conveying means and the docking means of the protective mask to enable oral hydration via the protective mask (Figs. 1 and 3);
wherein the liquid conveying means comprise a central cylindrical body (24) surmounted by an arm (28) disposed perpendicularly to the central cylindrical body (Fig. 2), said arm (28) comprising a first end (26) connected to a nipple (40) and a second end (82) connected to the docking means of the protective mask (Fig. 2);
and wherein the end piece comprises a three-way valve (30) (Figs. 2-3).
Re: Claim 2, Fletcher discloses the claimed invention including an end piece (2) for a personal hydration system including a liquid storage means, said end piece (2) comprising:
means (20, 80) for conveying a liquid (Fig. 3),
selection means for configuring the end piece in a position chosen from:
a closed position in which the liquid conveying means are blocked (Para. 20, closed position conveying means blocked),
a first position in which the liquid passes through the conveying means to enable direct oral hydration (Fig. 2), and
a second position in which the conveying means are connected to docking means (62) connected to a protective mask (60) and in which the liquid passes through the conveying means and the docking means of the protective mask to enable oral hydration via the protective mask (Figs. 1 and 3);
the liquid conveying means comprise an external cylindrical body (22), a central cylindrical body (100), an internal cylindrical body (118), a movable flap (108) and an elastic element (102), the internal cylindrical body being disposed in the central cylindrical body (Depicted in Fig. 3)), the external cylindrical body (11) interacting with the central cylindrical body (Depicted in Fig. 3), the movable flap being disposed in the internal cylindrical body (Fig. 3, inserted into the internal body), said movable flap being connected to the elastic element (Depicted in Fig. 3, elastic member connected to flap via flange);
the central cylindrical body (12) and the internal cylindrical body (13) comprise an upper face (120, 124) including an opening in which an upper face of the movable flap can engage (Depicted in Fig. 2, Para. 35);
the central cylindrical body (12) is movable (Depicted movement in Figs. 2-3); and
the external cylindrical body comprises an upper face (92) including an opening through which the central cylindrical body passes (Depicted in Fig.3).
Re: Claim 4, Fletcher discloses the claimed invention including the central cylindrical body comprises friction means (114) (Para. 37, friction mean)
Re: Claim 5, Fletcher discloses the claimed invention including the central cylindrical body is a nipple (116) (Fig. 2).
Re: Claim 6, Fletcher discloses the claimed invention including the end piece comprises a movable flap (37) and elastic element (96) (Figs. 2-3).
Re: Claim 7, Fletcher discloses the claimed invention including the movable flap and the elastic element are disposed in the second end of the arm of the conveying means (Depicted in Fig. 2).
Re: Claim 8, Fletcher discloses the claimed invention including the docking means of the protective mask are connected to a pipette disposed in the protective mask (Para. 25-26, tube like mouthpiece).
Re: Claim 9, Fletcher discloses the claimed invention including the end piece (2) comprises an adapter (84) disposed between the liquid conveying means (20) and the docking means (62) of the protective mask (Figs. 1-2).
Re: Claim 10, Fletcher discloses the claimed invention including a liquid storage means (12) (Fig. 1).
Re: Claim 11, Fletcher discloses the claimed invention including the system comprises a liquid supply tube (32) (Fig. 1).
Re: Claim 12, Fletcher discloses the claimed invention including a movable flap (37) and an elastic element (96) (Figs. 2-3).
Re: Claim 13, Fletcher discloses the claimed invention including the movable flap having an elastic element (96) disposed in the second end of the arm of the conveying means (Figs. 2-3).
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) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fletcher (US 2005/0241641 A1) as applied to claim 2 above, and further in view of Lien (US Patent No. 6,994,269).
Re: Claim 3, Fletcher discloses the claimed invention except for turn in grooves. However, Lien teaches a central cylindrical body (11) comprises radial rotation means intended to turn in grooves (13) located in the external cylindrical body (12) (Fig. 3, threading provides turn in grooves for radial rotation).
It would have been obvious to one having ordinary skill in the art at the time of the effective filing date to include turn in grooves for radial rotation as taught by Lien, since such a modification is known in the art to provide for ease of installation and maintenance, cost-effectiveness, and strong, leak-resistant seals for fluid systems.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. References cited on the PTO-892 are providing showing additional examples of mask dispensers.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES P. CHEYNEY whose telephone number is (571)272-9971. The examiner can normally be reached Monday - Friday, 8:00 am - 4:30 pm.
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/CHARLES P. CHEYNEY/Primary Examiner, Art Unit 3754