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, 2, 4, 5, and 13 are amended. Claims 3 and 7-12 are cancelled. Claims 6 and 14-16 are as previously presented. Therefore, claims 1, 2, 4-6, 13-16 are considered below.
Response to Amendment
The amendments filed 08/26/2025 have been entered and as such, all previously set forth drawing objections under 37 CFR 1.83(a), claim objections, and 35 U.S.C. 112(b) rejections have been overcome.
Response to Arguments/Remarks
In the response filed 8/26/2025, Applicant argues that “the return spring 55 acts t urge or push the plunger 42 to an uppermost position. The plunger 42 is always pressed against by the spring 55,” (Remarks: p. 2). The Examiner respectfully disagrees. Jahan: col. 2 line 61 to col. 3 line 8 describe the function of the pump via the plunger which “is mounted to act reciprocally” (col. 2 ll. 61-62). Jahan does not positively recite that the piston is always applying a force which stresses a spring, however, fig. 3 clearly depicts a spring in an unstressed state, via gaps between the top and bottom of the spring (please refer to the annotated figure below).
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The Courts have held that drawings and pictures can anticipate claims if they clearly show the structure which is claimed. MPEP 2125 referencing In re Mraz, 455 F.2d 1069, 173 USPQ 25 (CCPA 1972).
Additionally, Applicant argues that “the middle sheath is located at an upper end of the inner column and is partially embedded into the inner column” and “in Jahan’s disclosure, the tubular piston retaining insert 51 is fully inserted…inside the liquid chamber.” However, the Examiner respectfully disagrees. Referring to the annotated figure below, it is clear that the middle sheath is only partially embedded.
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Finally, Applicant argues that “the middle sheath is spatially isolated from the piston through the lower end of the inner core” whereas Jahan’s disclosure presents the lower end of the inner core sandwiched between the middle sheath and piston. However, the Examiner respectfully disagrees. In the rejection of claim 12 under 35 U.S.C. 102 in the Office Action dated 06/04/2025, the Examiner defines “the piston” as “operat[ing] together with piston 47 and plunger stem windows 75.” It under the broadest reasonable interpretation of the claimed “piston” of Applicant, it is both the plunger stem window 75 and the piston 47 as disclosed by Jahan. Referring to the annotated figure below, it is clear that the middle sheath is spatially isolated from the piston.
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Substantive amendments to claim 1 broaden the scope of the invention relative to how it was originally examined, and thus renders Applicant’s arguments moot.
Claim Interpretation
The Examiner makes note of the use of the term “gland” utilized in claims 1, 2, 4, 5, and 12 to mean the dispensing actuator, as best understood given the broadest reasonable interpretation consistent with the specification and by one of ordinary skill in the art given the ordinary and customary meaning. (MPEP 2111.01).
Additionally, the Examiner makes note of the use of the term “buckle” utilized in claim 2 to mean the connection between two part, as best understood given the broadest reasonable interpretation consistent with the specification and by one of ordinary skill in the art given the ordinary and customary meaning. (MPEP 2111.01). Applicant does not describe in any detail, either in the specification nor the drawings, the features of a traditional buckle as known in the art.
Claim Rejections - 35 USC § 112
Claim 4 is 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.
Claim 4 depends from cancelled claim 3. As such, claim 4 no longer has a valid antecedent basis. For the purposes of advancing prosecution, the Examiner is interpreting claim 4 to depend from claim 1.
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 1-2, 4-6, and 13-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jahan et al. (US 7802701 B2).
Regarding claim 1, Jahan discloses a gland (plunger 42 and integrated cap shroud 45), a connecting part (tube 63 and cylindrical plastic tube 68), a moving part (air piston 61), an outer cover (collar 35), an inner core (piston 47), an outer case (cylinder device 20), a spring (spring 55) and a straw (suction pipe 37), wherein the outer case is provided with an inner column (liquid cylinder 26); the gland can rotate relative to the outer cover (col. 4 ll. 3-11), and is connected with the moving part located in the gland (refer to fig. 1); an upper end of the moving part is connected with the connecting part (refer to fig. 1 and fig. 3); the connecting part is fixed in an inner cavity of the gland (col. 3 ll. 16-23); a lower end of the moving part is connected with the inner core (please refer to the annotated figure below);
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one end of the inner core away from the moving part extends into an inner cavity of the inner column, and is movably connected with a sealing assembly on the inner column (please refer to the annotated figure below);
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the spring is sleeved on the inner column of the outer case (col. 3 ll. 3-4); the gland rotates to a first position (defined by the operation of up-lock seal 100), and the sealing assembly is used for hermetically connecting an inner cavity of the inner core with the inner cavity of the inner column to prevent liquid from entering the inner cavity of the inner core from the inner cavity of the inner column (col. 3 ll. 27-35), to prevent the liquid from being squeezed; the first position: the gland is prevented from sliding along the axial direction of the outer cover and is kept in circumferential rotation about the axial direction of the inner core; (col. 4 ll. 30-50) the spring is sleeved on the inner column of the outer case in a state of unstressed freedom (col. 3 ll. 3-5 and fig. 3); the sealing assembly comprises a middle sheath (tubular piston-retaining insert 51), a piston seat (piston seal 50) and a piston (operates together with piston 47 and plunger stem windows 75); the middle sheath is located at an upper end of the inner column and is partially embedded into the inner column (refer to the annotated figure below);
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a lower end of the inner core extends into the piston seat (refer to the annotated figure below);
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one end of the piston embedded into an inner cavity of the piston seat is abutted against a lower end of the piston seat (refer to the annotated figure below);
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the middle sheath is fixed to a lower end of the inner core of the inner cavity of the outer case and is spatially isolated from the piston through the lower end of the inner core;
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and when the gland is in the state of the first position, the piston slides towards the piston seat, so that a lower end of an inner cavity of the piston is abutted against and hermetically connected with a bevel of the piston seat (refer to the annotated figure below),
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to hermetically connect the inner cavity of the piston and the inner cavity of the piston seat, to realize the hermetical connection of an inner cavity of the inner core and the inner cavity of the inner column (col. 3 ll. 27-35).
Regarding claim 2, in addition to the limitations of claim 1, Jahan discloses wherein one end of the gland penetrates through a through hole at an upper end of the outer cover and extends into an inner cavity of the outer cover (please refer to the annotated figure below),
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and one end of the gland that extends into the inner cavity of the outer cover is connected with the moving part through a buckle (col. 3 ll. 9-15).
Regarding claim 4, in addition to the limitations of claim 1 (refer to the 35 U.S.C. 112(b) rejection of claim 1), Jahan discloses wherein the gland firstly rotates to an upper part of a second position, then moves along an axial direction near the outer cover for a distance, and rotates from the first position to the second position; the gland is in the state of the second position; and both ends of the spring are abutted against an upper end of the inner core and a lower end of the outer case respectively (refer to the annotated figure below);
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the second position: the gland can slide along the axial direction of the outer cover and is limited in circumferential rotation relative to the outer cover (col. 4 ll. 30-50).
Regarding claim 5, in addition to the limitations of claim 1, Jahan discloses wherein one side of the through hole of the outer cover is provided with a locking port (slot 104); side edges of both ends of the locking port are provided with an inclined locking edges (ramp segments 107); the gland is provided with a lock pillar strip matched with the locking port (cam ribs 115); a lower end of the lock pillar strip is matched with the inclined locking edges and can be completely abutted against the inclined locking edges (col. 4 ll. 30-40); and when the gland is in the first position, the lock pillar strip is away from the locking port and the lower end of the lock pillar strip is abutted against an edge of the through hole at an upper end of the gland (col. 4 ll. 38-40).
Regarding claim 6, in addition to the limitations of claim 5, Jahan discloses wherein the inclined locking edges are arranged downward obliquely towards a long column body (inner area of cylindrical plastic tube 68 and col. 4 ll. 5-6).
Regarding claim 13, in addition to the limitations of claim 1, Jahan discloses wherein a lower end of the piston is movably abutted against an inner wall of a piston seat, so that the piston can slide up and down along the axial direction of the piston seat for a distance (col. 3 ll. 27-35).
Regarding claim 14, in addition to the limitations of claim 13, Jahan discloses wherein the middle of the lower end of the moving part is provided with a notch, and the upper end of the inner core is fixed in the notch and fixedly connected with the moving part (refer to the annotated figure below).
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Regarding claim 15, in addition to the limitations of claim 14, Jahan discloses wherein the upper end of the inner core is provided with a circumferential groove, and the spring is abutted against or is in spaced connection with the circumferential groove (refer to the annotated figure below).
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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 16 is rejected under 35 U.S.C. 103 as being unpatentable over Jahan et al. (US 7802701 B2), as applied in claim 1, in view of Baughman (US 9962723 B2).
Regarding claim 16, in addition to the limitations of claim 1, Jahan remains silent to wherein one end of the piston extends into the inner cavity of the piston seat, the piston can slide along the axial direction of the piston seat, and the other end is located in the inner cavity of the bevel of the piston seat. Baughman teaches wherein one end of the piston (elongate body 162) extends into the inner cavity of the piston seat (spring stem 36), the piston can slide along the axial direction of the piston seat (col. 4 ll. 1-10), and the other end is located in the inner cavity of the bevel of the piston seat (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 to replace the piston and piston seat of Jahan with that of Baughman before the effective filing date of the claimed invention. In doing so, one of ordinary skill in the art would be able to control the amount of foam dispensed based off of the length of the piston inside the inner cavity of the piston seat (col. 4 ll. 1-10).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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