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 .
Status of the Claims
Claims 1, 7, and 10 are amended. Claims 2-6, and 8-9 are as previously presented. Claim 12 is newly added. Therefore, claims 1-12 are pending and considered herein.
Response to Amendment
The amendment filed 09/30/2025 has been entered and overcomes all previously set forth 35 U.S.C. 112(b) rejections.
Response to Arguments/Remarks
Applicant’s arguments, see Remarks: p. 2-3, filed 09/30/2025, with respect to the rejection(s) of claim(s) 1-11 under 35 U.S.C. 102 and 35 U.S.C 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of further search and consideration.
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 “annular sealing rib” 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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: "piercing means" in claim 1 (including depending claims).
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
The following 3-Prong Test is used to detail the invocation of 35 U.S.C. 112(f) pertaining to the limitation “piercing means” in claim 1 (and dependent claims):
The generic place holder, “means,” is identified and is not indicative of any specific known, limiting feature.
“means” is modified by the functional language “piercing.” The generic placeholder is set forth by the function it performs.
Sufficient structure for achieving the claimed function follows the aforementioned limitation, as recited by the claim limitation: “the piercing means comprises a piercing tip.”
Thus, the limitation “piercing means” in claim 1 is given the broadest reasonable interpretation set forth by the structure of the “piercing tip,” provided by claim 1 (and dependent claims).
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Such claim limitation(s) is/are:
"connection means" in claim 11
The following 3-Prong Test is used to detail the invocation of 35 U.S.C. 112(f) pertaining to the limitation “connection means” in claim 11:
The generic place holder, “means,” is identified and is not indicative of any specific known, limiting feature.
“means” is modified by the functional language “connection.” The generic placeholder is set forth by the function it performs.
A lack of sufficient structure for achieving the claimed function follows the aforementioned limitation.
Thus, the limitation “connection means” in claim 11 is given the broadest reasonable interpretation set forth by the specifications to mean: “snap-fitting, screwing, bayonet, etc.,” Applicant’s specifications, p. 11 para. 1.
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.
(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 1-4 and 7-12 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Sugawara et al. (US 12179993 B2).
Regarding claim 1, Sugawara discloses fluid product dispenser comprising: a fluid product reservoir (inner container 14) comprising a neck (neck part 14d) defining an opening (refer to fig. 1B) and an upper annular edge (upper end surface 14e), the reservoir being provided with a blocking member (lid 15) which seals the opening of the neck (col. 8 ll. 21-36), the blocking member comprising a pierceable membrane (closure part 15d), the pierceable membrane is disposed inside the neck axially away from the upper annular edge (refer to fig. 1A), an assembly comprising a dispensing member (stem 22 and stem rubber 26), received in the blocking member of the reservoir (refer to figs. 1A and 2A), the assembly comprising piercing means (seal opening part 127) for piercing the pierceable membrane (refer to figs. 3A-3B), wherein the piercing means comprise a piercing tip (bottom surface 27a) formed at the lower end of a sheath (valve 121 and cap 112) in which the dispensing member is received (refer to fig. 2A).
Regarding claim 2, in addition to the limitations of claim 1, Sugawara further discloses wherein the sheath comes into sealed annular radial contact with the blocking member (via seal 28, col. 12 ll. 21-27).
Regarding claim 3, in addition to the limitations of claim 1, Sugawara further discloses wherein the blocking member comprises a sleeve (both the seal part 15a and fitting cylindrical part 15a1) which extends into the neck from the upper annular edge, the pierceable membrane being connected to a lower end of the sleeve (refer to fig. 2B).
Regarding claim 7, in addition to the limitations of claim 1, Sugawara further discloses wherein the blocking member comprises an annular collar (annular disk part 17) that rests on the upper annular edge (refer to fig. 2B and col. 10 ll. 60-66) and a sleeve (both the seal part 15a and fitting cylindrical part 15a1), connected to the annular collar which extends into the neck (refer to fig. 2B).
Regarding claim 8, in addition to the limitations of claim 7, Sugawara further discloses a ring (valve holder 18) mounted around the neck and which comes into engagement with the annular collar to press it against the upper annular edge (refer to fig. 3B).
Regarding claim 9, in addition to the limitations of claim 7, Sugawara further discloses wherein the annular collar internally forms an annular sealing rib on its internal wall (refer to the annotated figure below),
PNG
media_image1.png
412
932
media_image1.png
Greyscale
the sheath coming into sealed annular radial contact with this annular sealing rib (refer to col. 12 l. 64 to col. 13 l. 10, describing the sealed nature).
Regarding claim 10, in addition to the limitations of claim 1, Sugawara further discloses wherein the sheath is formed by a casing (cap 120) that comprise an opening for the dispensing member and a connection system for the reservoir (fig. 7 and col. 13 ll. 11-33, wherein the cap 120 connected to the container body 16).
Regarding claim 11, in addition to the limitations of claim 10, Sugawara further discloses wherein the casing is provided with a case (cover part 42) provided with an insertion/extraction opening (in which container body 16 is inserted into) and defining an insertion/extraction axis X (along the central axis of container body 16), the fluid product reservoir being engaged in the case through the insertion/extraction opening and removably connected to the connection system (refer to fig. 7), the reservoir comprising connection means (threads on neck part 13d) and a bottom accessible at the insertion/extraction opening to exert an axial thrust on the reservoir in order to cause the connection means to cooperate with the connection system (refer to fig. 7, wherein a user can apply a trust while inserting the container body 16 into the cap 120).
Regarding claim 12, in addition to the limitations of claim 1, Sugawara further discloses wherein the dispenser member is a pump or a valve (stem 22 and stem rubber 26 and col. 14 ll. 14-27).
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 4 is rejected under 35 U.S.C. 103 as being unpatentable over Sugawara (US 12179993 B2), as applied in claim 1, further in view of Klingaman (US 3966089 A).
Regarding claim 4, in addition to the limitations of claim 3, Sugawara further discloses wherein the neck projects from a shoulder (shoulder part 14c), however, remains silent to the sleeve extending substantially over the entire height of the neck and the pierceable membrane being positioned substantially at this shoulder. Klingaman teaches the sleeve (cradle 18) extending substantially over the entire height of the neck (refer to figs. 1 and 4) and the pierceable membrane (capsule 20) being positioned substantially at this shoulder (refer to fig. 1). The courts have held that when the only difference between the claimed invention and the prior art is a rearrangement of parts, that the location of the feature is not patentably significant. See MPEP 2144.01(VI)(C), discussing In reJapikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). Therefore, it would have been prima facie obvious to one having ordinary skill in the art to modify the device to include the seal part substantially at the shoulder. Applicant has appeared to have placed no criticality on this location and as evidenced by the teachings of Klingaman above which show such a location to be suitable for sealing between the claimed components.
Additionally, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the sleeve to be over the entire height of the neck. In doing so, one can efficiently utilizes the space at the top of the bottle, allowing for the connection of a dispensing top (refer to Klingaman: fig. 1).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Sugawara (US 12179993 B2).
Regarding claim 5, in addition to the limitations of claim 3, Sugawara further discloses, in the embodiment of figure 8, wherein the sleeve forms an annular sealing rib (engaging projections 15h) on its internal wall (refer to fig. 8), the sheath coming into sealed annular radial contact with this annular sealing rib (via engaging projection 18g). It would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device to include ribbing, as the disclosure of Sugawara allows for such modification between embodiments (col. 43 ll. 21-51)
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Sugawara (US 12179993 B2), as applied in claim 1, further in view of Easter (US 3655096 A).
Regarding claim 6, in addition to the limitations of claim 1, Sugawara remains silent to the pierceable membrane has a conical shape facing the inside of the reservoir, however, Easter teaches the pierceable membrane (cartridge 20) has a conical shape facing the inside of the reservoir (fig. 3). It would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the pierceable membrane to have a conical shape facing the inside of the reservoir. In doing so, one skilled in the art can utilize the space within the reservoir, conserving space in which the dispensing mechanism can exist.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Smith (US 7607555 B2) for the piercing means and Faurie (US 20040074925 A1) for the piercing, receiving, and connecting means.
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.
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, 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.
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.
/CHRISTOPHER S. PARISI/ Examiner, Art Unit 3754
/DAVID P ANGWIN/ Supervisory Patent Examiner, Art Unit 3754
Prosecution Insights