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 .
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:
“inlet central axis,” as claimed in claim 7,
the Examiner recommends amending the claim to “the entryway central axis” and amending claim 6 to include the entryway,
“an inlet extending through the sidewall,” as claimed in claim 6,
“the fluid chamber central axis,” as claimed in claim 7,
“first actuator end,” as claimed in claims 21 and 22,
“second actuator end” as claimed in claims 21 and 22,
“first sidewall,” as claimed in claim 22,
“second sidewall,” as claimed in claim 22,
“end wall”, as claimed in claim 22,
“first direction,” as claimed in claim 5,
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.
Specification
The disclosure is objected to because of the following informalities:
Para. 0028 of the Specification recites “FIG. 15 is a cross-sectional view of the dispensing apparatus of FIG. 1 in a first configuration[,]” however, FIG. 15 displays the apparatus of FIG. 13 in a first configuration.
Appropriate correction is required.
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required; Amendment of the specification to include the:
“first actuator end,” as claimed in claims 21 and 22,
“second actuator end” as claimed in claims 21 and 22,
“first sidewall,” as claimed in claim 22,
“second sidewall,” as claimed in claim 22,
“end wall”, as claimed in claim 22,
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 1-4, 8, 10-15, and 17-24 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wei (US 10960422 B2).
Regarding claim 1, Wei discloses a dispensing apparatus for dispensing fluid from a container, the dispensing apparatus comprising: a collar (pump main body 1) coupled to a container (col. 5 ll. 26-27), the container defining a cavity configured to hold fluid (col. 5 ll. 24-25); a fluid chamber (second cavity 1b) coupled to the collar (refer to fig. 2), the fluid chamber configured to receive fluid from the cavity (col. 8 ll. 4-17); an actuator (cap 93 combined with rod body 20) movable relative to the collar from a first position to a second position (col. 5 ll. 34-44), wherein as the actuator moves from the first position to the second position, the actuator is placed in fluid communication with the fluid chamber to dispense the fluid from the fluid chamber (col. 5 ll. 34-44); and an air chamber (first cavity 1a) configured to urge the actuator from the second position to the first position so as to cause the fluid in the cavity to flow into the fluid chamber (col. 5 ll. 45-63).
Regarding claim 2, in addition to the limitations of claim 1, Wei further discloses wherein the air chamber is fluidly isolated from the fluid chamber (col. 5 ll. 53-54).
Regarding claim 3, in addition to the limitations of claim 1, Wei further discloses wherein the air chamber is hermetically sealed (col. 5 ll. 53-54).
Regarding claim 4, in addition to the limitations of claim 1, Wei further discloses wherein the dispensing apparatus transitions from a first configuration to a second configuration (figs. 25, 27, and 29), wherein the air chamber (second gas cavity 12b) is in fluid communication with ambient air in the first configuration (col. 8 l. 66 to col. 9 l. 5) and the air chamber (first gas cavity 12a) is fluidly isolated from ambient air in the second configuration (col. 8 l. 66 to col. 9 l. 5).
Regarding claim 8, in addition to the limitations of claim 1, Wei further discloses wherein the air chamber is elongate along an air chamber central axis, the fluid chamber is elongate along a fluid chamber central axis, and the air chamber central axis is colinear with the fluid chamber central axis (refer to the annotated figure below).
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Regarding claim 10, in addition to the limitations of claim 1, Wei further discloses wherein movement of the actuator from the first position to the second position compresses air within the air chamber (col. 5 l. 65 to col. 6 l. 3).
Regarding claim 11, in addition to the limitations of claim 10, Wei further discloses wherein the compressed air within the air chamber urges the actuator toward the first position (col. 5 ll. 45-63).
Regarding claim 12, in addition to the limitations of claim 10, Wei further discloses wherein the compressed air within the air chamber is configured to move the actuator to the first position (col. 5 ll. 45-63).
Regarding claim 13, in addition to the limitations of claim 1, Wei further discloses a conduit (rod body 20) coupled to the actuator (refer to fig. 34), the fluid from the fluid chamber configured to move through the conduit and out of the actuator (col. 8 ll. 22-27 and fig. 29).
Regarding claim 14, in addition to the limitations of claim 13, Wei further discloses further comprising a shaft (flow guide portion 171) coupled to the conduit (col. 8 ll. 30-31 and fig. 25-29), the shaft movable within the air chamber (refer to figs. 25-29).
Regarding claim 15, in addition to the limitations of claim 14, Wei further discloses wherein the shaft extends from the fluid chamber into the air chamber (refer to figs. 2, 25, 27 and 29).
Regarding claim 17, in addition to the limitations of claim 1, Wei further discloses wherein the actuator is a nozzle (cap body 930, fig. 34).
Regarding claim 18, in addition to the limitations of claim 1, Wei further discloses wherein the dispensing apparatus is made from recyclable material (col. 3 ll. 45-49 and col. 7 ll. 1-9).
Regarding claim 19, in addition to the limitations of claim 1, Wei further discloses wherein the air chamber is defined by a plastic air chamber sidewall (col. 3 ll. 45-49 and col. 7 ll. 1-9).
Regarding claim 20, in addition to the limitations of claim 1, Wei further discloses wherein the actuator is configured to move in a first direction between the first position and the second position (col. 5 ll. 45-63) and wherein the air chamber is positioned between the collar and the fluid chamber in the first direction (refer to fig. 2).
Regarding claim 21, in addition to the limitations of claim 20, Wei further discloses wherein the air chamber includes a first end and a second end spaced from the first end in the first direction, wherein the actuator includes a first actuator end and a second actuator end spaced from the first actuator end in the first direction, wherein the second actuator end is positioned between the first and second ends of the air chamber when the actuator is in the second position (refer to the annotated figure below).
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Regarding claim 22, in addition to the limitations of claim 1, Wei further discloses wherein the actuator is configured to move in a first direction between the first position and the second position (col. 5 ll. 45-63) and the actuator includes a first actuator end and a second actuator end spaced from the first actuator end in the first direction, wherein the air chamber is defined by a first sidewall, a second sidewall, an endwall coupled to each of the first and second sidewalls, and the second actuator end (refer to the annotated figure below).
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Regarding claim 23, in addition to the limitations of claim 22, Wei further discloses wherein the second sidewall defines an opening (first access hole 121a, defined in part by the second sidewall, as depicted in the annotated figure of claim 22) and at least a portion of the actuator is disposed within the opening (col. 7 ll. 16-25).
Regarding claim 24, in addition to the limitations of claim 22, Wei further discloses further comprising a seal (limiting face 202) coupled to the second actuator end, the seal providing a fluid seal with the first and second sidewalls (see fig, 24C-24D, where Wei discloses that the air chambers are sealed between the fluid and air chambers, such that mixing of air and liquid does not occur and compressed air is vented via gas guide channel 111a).
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.
Claims 5 is rejected under 35 U.S.C. 103 as being unpatentable over Wei (US 10960422 B2) in view of Inagawa (US 5881927 A).
Regarding claim 5, in addition to the limitations of claim 1, Wei further discloses wherein the actuator is configured to move in a first direction between the first position and the second position, however, remains silent to wherein the fluid chamber is positioned between the actuator and the air chamber in the first direction. Inagawa teaches wherein the fluid chamber is positioned between the actuator and the air chamber in the first direction (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 before the effective filing date of the claimed invention to modify the location of the fluid chamber in reference to the air chamber and actuator. In doing so one can advantageously incorporate a separate piston coupled to the actuator for utilizing a pressure based recovery means (Inagawa: col. 7 ll. 31-37).
Claims 6, 7, 9, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Wei (US 10960422 B2) in view of Metzler (US 3786963 A).
Regarding claim 6, in addition to the limitations of claim 5, Wei further discloses wherein the fluid chamber is defined by a fluid chamber sidewall (second housing portion 112), however, remains silent to the dispensing apparatus further comprises an inlet extending through the sidewall, the inlet in fluid communication with the cavity of the container. Metzler teaches the dispensing apparatus further comprises an inlet (conduit 20) extending through the sidewall, the inlet in fluid communication with the cavity of the container (refer to figs. 1-2). 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 by including an inlet through the sidewall. In doing so, one can alter the device to introduce a secondary fluid into the fluid chamber and improve upon its turbulent mixing (col. 2 ll. 42-45).
Regarding claim 7, in addition to the limitations of claim 6, the already modified device further teaches wherein the air chamber (Wei: first cavity 1a) is elongate along an air chamber central axis, the inlet is elongate along an inlet central axis, and the air chamber central axis is parallel to the fluid chamber central axis (comparing both the air chamber axis as disclosed in Wei and the inlet central axis (elongate along dip tube 22) of Metzler, such axes are parallel).
Regarding claim 9, in addition to the limitations of claim 6, the already modified device further teaches wherein a valve (Metzler: ball check valve 32) separates the inlet from the fluid chamber (refer to fig. 2).
Regarding claim 16, in addition to the limitations of claim 1, Wei remains silent to wherein the actuator is moveable from a locked position to an unlocked position, and the actuator is configured to dispense fluid from the fluid chamber in the unlocked position. However, Metzler teaches wherein the actuator is moveable from a locked position to an unlocked position (locked when first latch member 58 engages second latch member 60, and unlocked when the latch members are disengaged, col. 2 ll. 18-27), and the actuator is configured to dispense fluid from the fluid chamber in the unlocked position (col. 2 ll. 29-30). 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 a locking mechanism. In doing so, the device advantageously can be locked when not in use to prevent unintended use (Metzler: col. 2 ll. 18-27).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Uehira et al. (US 5570819 A) for the inclusion of the pressure chamber and similar dispensing structure.
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