DETAILED ACTION
This is a final Office action in response to the amendment filed 12/09/2025 and the IDS filed 03/16/2026.
Status of Claims
Claims 1-5, 7, 8, 10, 11, and 15-20 are pending;
Claims 1-5, 7, 8, 10, 11, and 16 are currently amended; claims 6, 9, and 12-14 have been cancelled; claims 15 and 17-20 were previously presented;
Claims 1-5, 7, 8, 10, 11, and 15-20 are rejected herein.
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 with respect to Rossi (WO 2020/110033 A2) have been fully considered but they are not persuasive. With respect to claim 1, Applicant argues that "there is no suggestion in Rossi that the first shaped part acts at a point of the container at which the bottle thereof widens downwardly from the bottle neck and the dispensing unit into a step, so that the container is positively protected from being moved upwardly, as well as the second shaped part being placed directly above a screw-on sleeve of the dispensing unit in which the actuating head is guided, and where a step is located which prevents the container from being able to be moved upwardly past the second shaped part" (remarks, page 8) on the ground that "Rossi only discloses a single shaped part, indicated as 62 in Figures 1a-1 c, which contains Rossi's container only at one point from being moved upwardly" (remarks, page 8). The Examiner respectfully disagrees, since Rossi discloses various embodiments of the wall-mounted dispensers (1). As shown in Figures 5a-5c and as described in paragraphs 0037-0042, Rossi discloses a further embodiment of the wall-mounted dispenser (1, fig 5a) comprising two shaped parts (62, 106, fig 5a, see annotation below, also see Figure 5c), such that the replaceable container (4', fig 5a) is prevented from being moved upwardly at two points (P1, P2, fig 5a, see annotation below), e.g., at a first point (P1, fig 5a, see annotation below) by the first shaped part (62, fig 5a) and at a second point (P2, fig 5a, see annotation below) by the second shaped part (106, fig 5a, see annotation below, also see Figure 5c).
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[AltContent: textbox (106 – Second Shaped Part)][AltContent: arrow][AltContent: arrow][AltContent: textbox (P2 – Second Point)][AltContent: arrow]
[AltContent: textbox (P1 – First Point)]
Information Disclosure Statement
The information disclosure statement (IDS) submitted 03/16/2026 has been considered by the Examiner.
Claim Objections
Claims 1-3, 5, 7, 8, 11, 15, 16, and 19 are objected to because of the following informalities:
Claim 1, line 12, "and at least one lower holding element (17)" appears to be --and the at least one lower holding element (17)--.
Claim 1, line 14, "at least upper one upper mounting part (9)" appears to be --at least one upper mounting part (9)--.
Claim 1, line 16, "the upper mounting part (9)" appears to be --the at least one upper mounting part (9)--.
Claim 1, line 17, "the upper holding element (13)" appears to be --the at least one upper holding element (13)--.
Claim 1, line 17, "the lower mounting part (10)" appears to be --the at least one lower mounting part (10)--.
Claim 1, line 18, "the lower holding element (17)" appears to be --the at least one lower holding element (17)--.
Claim 1, line 19, "the upper holding element (13)" appears to be --the at least one upper holding element (13)--.
Claim 1, line 19, "is" appears to be --is provided with--. See claim 1, line 22.
Claim 1, line 21, "the upper holding element (13)" appears to be --the at least one upper holding element (13)--.
Claim 1, line 25, it is recommended that "the container (1)" be changed to --the replaceable container (1)-- for consistency.
Claim 1, line 26, it is recommended that "thereof" be removed.
Claim 1, line 27, it is recommended that "the container (1)" be changed to --the replaceable container (1)-- for consistency.
Claim 1, line 31, it is recommended that "the container (1)" be changed to --the replaceable container (1)-- for consistency.
Claim 2, line 2, "the upper mounting part (9)" appears to be --the at least one upper mounting part (9)--.
Claim 2, line 2, "the lower mounting part (10)" appears to be --the at least one lower mounting part (10)--.
Claim 3, line 2, "the upper mounting part (9)" appears to be --the at least one upper mounting part (9)--.
Claim 3, line 2, "the lower mounting part (10)" appears to be --the at least one lower mounting part (10)--.
Claim 3, line 3, "the upper mounting part (9)" appears to be --the at least one upper mounting part (9)--.
Claim 3, line 4, "the lower mounting part (10)" appears to be --the at least one lower mounting part (10)--.
Claim 3, line 4, it is recommended that "the use position" be changed to --the pushed-together use position-- for consistency.
Claim 5, line 4, "the upper or lower mounting parts (9, 10)" appears to be --the at least one upper mounting part (9) or the at least one lower mounting part (10)--.
Claim 5, line 6, "the upper or lower mounting parts" appears to be --the at least one upper mounting part (9) or the at least one lower mounting part (10)--.
Claim 7, line 5, "thereof" appears to be --of the resilient tongue (25)--.
Claim 8, line 2, "the upper mounting part (9)" appears to be --the at least one upper mounting part (9)--.
Claim 8, line 2, "the lower mounting part (10)" appears to be --the at least one lower mounting part (10)--.
Claim 11, line 2, "the upper mounting part (9)" appears to be --the at least one upper mounting part (9)--.
Claim 11, line 2, "the lower mounting part (10)" appears to be --the at least one lower mounting part (10)--.
Claim 11, line 3 "the two mounting parts (9, 10)" appears to be --the at least one upper mounting part (9) and the at least one lower mounting part (10)--.
Claim 11, line 4, "the rail" appears to be --the at least one rail (12)--.
Claim 15, line 2, "the upper holding element (13)" appears to be --the at least one upper holding element (13)--.
Claim 16, line 2, "the lower holding element (17)" appears to be --the at least one lower holding element (17)--.
Claim 19, line 2, "the lower holding element (17)" appears to be --the at least one lower holding element (17)--.
Appropriate correction is required.
Claim Interpretation
Regarding claim 7, it is recited in lines 1-5, "[t]he wall-mounted dispenser as claimed in claim 5, wherein the key element (3) is provided with at least one guide element (30) so as to be introduced into the wall mount (2) in a correct position, and includes an actuating element (29) for moving the resilient tongue (25) counter to a resilient restoring force thereof." The "key element (3)" is positively recited in the body of claim 7, since the language "wherein" in the instant case introduces positive recitation(s) thereafter. As such, the "key element (3)" is considered as a required structure within the scope of claim 7.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 10 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.
Regarding claim 10, there is insufficient antecedent basis for the limitation "the overlapping portion" (claim 10, line 2) in the claim. Note that claim 10, as currently amended, no longer depends from claim 8, which recites "an overlapping portion" (claim 8, line 2). Appropriate correction is required.
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.
Claims 1-5, 8, 10, 11, 16-18, and 20, as best understood, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rossi (WO 2020/110033 A2) 1.
Regarding claim 1, Rossi discloses a wall-mounted dispenser (1, fig 5a, the further embodiment of the wall-mounted dispenser 1 as shown in Figures 5a-5c and as described in paragraphs 0037-0042; note that some details of the further embodiment of the wall-mounted dispenser 1 can be seen in Figures 1a-4b) for supplying and dispensing a liquid (see paragraphs 0008-0014), the wall-mounted dispenser comprising: a replaceable container (4', fig 5a) for the liquid (see paragraphs 0008-0014); a wall mount (2, fig 5a) for mounting the wall-mounted dispenser on a structural facility (see paragraph 0033); the replaceable container includes a dispensing unit (7, fig 5a, see annotation below, the dispensing unit 7 above the bottle 6, also see the annotated Figure 1a below) for dosed dispensing of the liquid from the replaceable container (see paragraphs 0008-0014); the replaceable container is a pump dispenser (4', fig 5a), including a bottle (6, fig 5a) and the dispensing unit, the dispensing unit being positioned on the bottle (see Figures 1a and 5a) and comprising a dosing pump (9, fig 5a, see annotation below, the dosing pump above the bottle 6, also see the annotated Figure 1a below) with an actuating head (8, fig 5a) and a dispensing spout (10, fig 5a); the wall mount comprises at least one upper holding element (54, 100, fig 5a) and at least one lower holding element (30, fig 3a), wherein both the at least one upper holding element and at least one lower holding element (30, fig 3a) are for holding and securing the replaceable container (see Figures 1a and 5a); the wall mount further comprises at least upper one upper mounting part (24, fig 3b) and at least one lower mounting part (52, fig 4b) that are at least one of moveable or adjustable in relation to each other (see paragraphs 0015-0036), the upper mounting part is securely connected to the upper holding element (see Figures 4a and 5a) and the lower mounting part is securely connected to the lower holding element (see Figure 3a), respectively, the upper holding element of the wall mount is a first shaped part (62, fig 5a) which is ring-shaped or fork-shaped for positively receiving at least one of the bottle, a bottle neck of the bottle, or the dispensing unit (see Figures 2a and 5a); the upper holding element of the wall mount is also provided with a further second shaped part (106, fig 5c, also see the annotated Figure 5a below) which is spaced apart from the first shaped part for at least one of supporting or guiding the actuating head of the dispensing unit (see Figures 5a and 5c); wherein the first shaped part acts at a point (P1, fig 5a, see annotation below) of the container at which the bottle thereof widens downwardly from the bottle neck and the dispensing unit into a step (S1, fig 5a, see annotation below), so that the container is also positively protected from being moved upwardly (see Figure 5a); and wherein the second shaped part is placed directly above a screw-on sleeve (71, fig 1a, see annotation below, the outer sleeve of the dispensing unit 1, also see paragraph 0009) of the dispensing unit in which the actuating head is guided (see Figures 1a and 5a), and where a step (S2, fig 5a, see annotation below) is located which prevents the container from being able to be moved upwardly past the second shaped part (see Figure 5a).
[AltContent: arrow][AltContent: textbox (7 – Dispensing Unit)][AltContent: textbox (P1 – First Point)][AltContent: arrow]
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[AltContent: textbox (9 – Dosing Pump)][AltContent: arrow]
[AltContent: textbox (S2 – Step)][AltContent: arrow]
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[AltContent: arrow][AltContent: textbox (P2 – Second Point)][AltContent: arrow][AltContent: textbox (106 – Second Shaped Part)]
[AltContent: textbox (102 – Cover)]
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[AltContent: textbox (S1 – Step)]
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[AltContent: textbox (9 – Dosing Pump)][AltContent: arrow]
[AltContent: textbox (S2 – Step)][AltContent: arrow]
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[AltContent: textbox (7 – Dispensing Unit)]
[AltContent: textbox (71 – Screw-on Sleeve)]
Regarding claim 2, wherein the upper mounting part and the lower mounting part are moveable in relation to each other between a pushed-together use position in which the replaceable container is held and secured (see paragraphs 0015-0036), and a pulled-apart removal position in which the replaceable container is removable from the wall mount or insertable into the wall mount (see paragraphs 0015-0036).
Regarding claim 3, wherein at least one of the upper mounting part or the lower mounting part is provided with a locking mechanism (46, 61, fig 2b) in order to lock the upper mounting part and the lower mounting part in the use position (see paragraphs 0033-0036).
Regarding claim 4, wherein the locking mechanism is releasable by a separate key element (see paragraph 0032, the security key).
Regarding claim 5, wherein the locking mechanism comprises a resilient tongue (44, fig 3a) and a latching element (43, fig 3a, see annotation below, the latching element on the resilient tongue 44), the latching element is located on the resilient tongue which is fastened to one of the upper or lower mounting parts (see Figures 2a and 3a), and in a use position of the wall mount engages in a latching manner behind a projection or a latching edge (see 61, fig 4b) on the other of the upper or lower mounting parts (see Figures 2a, 3a, and 4b, when Figure 2b is viewed from its right side).
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[AltContent: textbox (43 – Latching Element)]
[AltContent: connector]
[AltContent: textbox (Annotation of Selected Portion of Figure 3a)]
Regarding claim 8, wherein the upper mounting part and the lower mounting part have an overlapping region (2022, fig 2b, see annotation below) at least in a use position of the wall mount (see Figure 2b), and the locking mechanism is arranged in the overlapping region (see Figure 2b).
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[AltContent: connector][AltContent: arrow]
[AltContent: textbox (2022 – Overlapping Region)]
[AltContent: connector]
Regarding claim 10, wherein the overlapping region (see Figures 1a, 1e, and 5a, the overlapping region defined by the screw-on sleeve 71 and the bottle neck of the bottle 6) is provided with a cover (100, fig 5a; alternatively, 102, fig 5a, see annotation above, the cover defined by the cylindrical collar wall 102, also see paragraph 0038) in a direction of the replaceable container (see Figures 1a, 1e, and 5a).
Regarding claim 11, wherein at least one of the upper mounting part or the lower mounting part is provided with at least one rail (36, fig 3b), and the two mounting parts are moveable in relation to each other along the rail (see paragraph 0018).
Regarding claim 16, wherein the lower holding element of the wall mount forms a support (30, fig 3a) for positioning a base of the replaceable container (see Figure 1a).
Regarding claim 17, wherein the support is plate-shaped, fork-shaped, disk-shaped, basket-shaped or pan-shaped (see Figure 1a).
Regarding claim 18, wherein the support is provided with an adapter (48, fig 3a) for receiving the base of the replaceable container (see Figure 1a) or is adapted to receive said adapter, and the adapter is formed from of plastic (see paragraph 0017).
Regarding claim 20, wherein the locking mechanism is manufactured substantially from plastic (see paragraph 0017).
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 7 is rejected under 35 U.S.C. 103 as being unpatentable over Rossi (WO 2020/110033 A2) in view of Park (US 10,527,224 B1).
Regarding claim 7, Rossi does not explicitly disclose the wall-mounted dispenser, wherein the key element is provided with at least one guide element so as to be introduced into the wall mount in a correct position, and includes an actuating element for moving the resilient tongue counter to a resilient restoring force thereof.
Park teaches a wall-mounted dispenser (102, 106, fig 1) comprising: a wall mount (106, fig 1); and a key element (200, fig 1, see annotation below, see col 2, lines 17-19, col 3, lines 22-25, col 4, lines 59-61), wherein the key element is provided with at least one guide element (210, fig 1, see annotation below) so as to be introduced into the wall mount in a correct position (see Figure 1), and includes an actuating element (220, fig 1, see annotation) for moving a latch counter to a resilient restoring force thereof (200, fig 1, see annotation, see col 2, lines 17-19, col 3, lines 22-25, col 4, lines 59-61).
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[AltContent: textbox (220 – Actuating Element)]
[AltContent: connector]
[AltContent: textbox (210 – Guide Element)][AltContent: connector]
[AltContent: arrow]
[AltContent: textbox (200 – Key Element)]
Rossi and Park are analogous art because they are at least from the same field of endeavor, i.e., supports. Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to form the key element (Rossi: see paragraph 0032, the security key) with at least one guide element (Park: 10, fig 1, see annotation above) so as to be introduced into the wall mount (Rossi: 2, fig 5a) in a correct position (Park: see Figure 1), and with an actuating element (Park: 220, fig 1, see annotation above) for moving the resilient tongue (Ross: 44, fig 3a) counter to a resilient restoring force thereof (Park: 200, fig 1, see annotation above, see col 2, lines 17-19, col 3, lines 22-25, col 4, lines 59-61), as taught by Park, with a reasonable expectation of success. The motivation would have been to allow proper alignment of the security key into the key opening. Therefore, it would have been obvious to combine Rossi and Park to obtain the invention as specified in claim 7.
Claims 15 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Rossi (WO 2020/110033 A2), alone.
Regarding claim 15, Rossi discloses the wall-mounted dispenser, wherein the upper holding element comprises a bent part (62, fig 5a).
Rossi does not explicitly disclose the wall-mounted dispenser, wherein the bent part is a stamped and bent sheet metal part.
Before the effective filing date of the claimed invention, it would have been an obvious matter of design choice to one of ordinary skill in the art to form the bent part (62, fig 5a) as a stamped and bent sheet metal part, with a reasonable expectation of success, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. The motivation would have been to provide a wall mount with greater strength to hold heavier replaceable containers with a stamped and bent sheet metal part. Therefore, it would have been obvious to modify Rossi to obtain the invention as specified in claim 15.
Regarding claim 19, Rossi discloses the wall-mounted dispenser, wherein the lower holding element is manufactured as a bent part (30, fig 3a).
Rossi does not explicitly disclose the wall-mounted dispenser, wherein the bent part is a stamped and bent sheet metal part.
Before the effective filing date of the claimed invention, it would have been an obvious matter of design choice to one of ordinary skill in the art to form the bent part (30, fig 3a) as a stamped and bent sheet metal part, with a reasonable expectation of success, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. The motivation would have been to provide a wall mount with greater strength to hold heavier replaceable containers with a stamped and bent sheet metal part. Therefore, it would have been obvious to modify Rossi to obtain the invention as specified in claim 19.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 Guang H Guan whose telephone number is (571) 272-7828. The examiner can normally be reached weekdays (10:00 AM - 6:00 PM).
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, Jonathan Liu can be reached at (571) 272-8227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/G. H. G./Examiner, Art Unit 3631
/JONATHAN LIU/Supervisory Patent Examiner, Art Unit 3631
1 A copy of Rossi is available in the record with a receipt date of 10/13/2023.