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 .
Response to Arguments
Applicant’s arguments filed on April 17, 2026, have been fully considered and are persuasive. The rejection of November 17, 2025, has been withdrawn.
Applicant’s arguments with respect to claims 1, 2, and 5-24 have been considered but are moot in light of the new ground of rejection. It should be noted that the new rejection does not rely on any reference applied in the prior rejection of record in the same manner, for any teaching or matter challenged in the argument. Specifically, the applicant’s arguments directed to Zhu’s (formerly referred to as ‘Wei’) dispensing apparatus now rely on the modification of Zhu’s dispensing apparatus in view of Gui, rather than Zhu alone, to render obvious the disputed limitation.
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 1, 2, 8, 10-15, and 17-24 are rejected under 35 U.S.C. 103 as being unpatentable over Zhu (US 10,960,422) in view of Gui (CN 113911543).
Regarding claim 1, Zhu 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 including first gas cavity 12a and second gas cavity 12b) 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).
Zhu’s air chamber (first cavity 1a) includes a sealed portion (first gas cavity 12a and/or second gas cavity 12b; col. 5, l. 45 to col. 6, l. 12), but Zhu does not expressly disclose wherein the dispensing apparatus transitions from a first configuration to a second configuration, wherein the air chamber is in fluid communication with ambient air in the first configuration and the air chamber is fluidly isolated from ambient air in the second configuration. However, Gui teaches a dispensing apparatus (refer to fig. 2, items 1-5) with a sealed air chamber (gas collection chamber 40) having an inflation valve (valve 43) selectively placeable in an open state (open valve 43 to ambient air) placing the gas collection chamber in communication with ambient air and a closed state (sealed valve 43), fluidly isolating the gas collection chamber. The advantage of providing an inflation valve in communication with a sealed air chamber is to permit charging and replenishment of the air chamber in the event of pressure loss over time, thereby maintaining the desired pneumatic restoring force over the service life of the dispensing apparatus. Therefore, it would have been obvious to one having ordinary skill in the art at the time of the invention to modify the sealed air chamber of Zhu, to include the inflation valve of Gui in communication with Zhu’s sealed air chamber, in order to permit charging and replenishment of the sealed gas, thereby maintaining the desired pneumatic restoring force in the event of the pressure loss over time. Such a modification would merely involve the predictable use of a known technique to improve a similar air chamber for its known purpose.
Regarding claim 2, in addition to the limitations of claim 1, Zhu further discloses wherein the air chamber is fluidly isolated from the fluid chamber (col. 5 ll. 53-54).
Regarding claim 8, in addition to the limitations of claim 1, Zhu 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, Zhu 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, Zhu 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, Zhu 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, Zhu 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, Zhu 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, Zhu 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, Zhu further discloses wherein the actuator is a nozzle (cap body 930, fig. 34).
Regarding claim 18, in addition to the limitations of claim 1, Zhu 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, Zhu 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, Zhu 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, Zhu 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, Zhu 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, Zhu 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, Zhu 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 Zhu 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 5 is rejected under 35 U.S.C. 103 as being unpatentable over Zhu in view of Gui and further in view of Inagawa (US 5,881,927).
Regarding claim 5, in addition to the limitations of claim 1, Zhu 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, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Zhu in view of Gui and Inagawa and further in view of Metzler (US 3,786,963).
Regarding claim 6, in addition to the limitations of claim 5, Zhu 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 (Zhu: 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 Zhu 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).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Zhu in view of Gui and further in view of Metzler.
Regarding claim 16, in addition to the limitations of claim 1, Zhu 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
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/DAVID P ANGWIN/Supervisory Patent Examiner, Art Unit 3754
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