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 .
Election/Restrictions
Applicant’s election without traverse of Invention Group I in the reply filed on 01/06/2026 is acknowledged. Claims 12 and 13 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Invention Group II, there being no allowable generic or linking claim. Claims 1-11 and 14-20 are examined on the merits.
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.
Claims 1-6, 8, 11, and 14 rejected under 35 U.S.C. 102(a)(1) as being anticipated by Decock et al. (“Decock” hereinafter) (US PG PUB 2017/0129662).
Regarding claim 1, Decock discloses a liquid dispenser (item 10, figure 1) for discharge of liquids, comprising:
a liquid store (storage tank, paragraph [0039]), the liquid store storing liquid prior to discharge;
a housing (housing holding the storage tank, paragraph [0039]);
a discharge opening (item 22, figure 1), the liquid being dispensable through the discharge opening into an environment (paragraph [0040]); and
a protective cap (item 12, figure 1), the protective cap, in fitted state, protecting the discharge opening and being removable for discharging liquid (paragraph [0039]),
the protective cap comprising a fastening part (item 28, figure 1) configured for coupling to the housing of the liquid dispenser (via screw threads, paragraph [0041]);
an inner part (item 30, figure 1) separate from the fastening part the inner part in the fitted state of the protective cap surrounding the discharge opening,
the inner part being captively coupled to the fastening part by a coupling device (paragraph [0041]),
said inner part being freely rotatable in relation to the fastening part about a longitudinal axis of the protective cap (paragraph [0041]).
Regarding claim 2, Decock discloses that the protective cap has a ventilation path (via holes 50 and pathway 48, figure 1, paragraphs [0041], [0055]), and when the protective cap is in the fitted state, the discharge opening is connected to an atmosphere surrounding the liquid dispenser via the ventilation.
Regarding claim 3, Decock discloses that the fastening part and the inner part each comprise at least one aperture (items 48, 50, 52, figures 1 and 5), the ventilation path extending through the at least one aperture of each of the fastening part and the inner part (paragraph [0054]).
Regarding claim 4, Decock discloses that the protective cap has an absorption pad (item 36, figure 1) provided on the inner part, and the absorption pad when the protective cap is in the fitted state, lies at the discharge opening or is arranged immediately adjacent the discharge opening (figure 1, paragraph [0041]).
Regarding claim 5, Decock discloses (in one of its other embodiments) that the at least one aperture (item 50, figures 11-16) in the fastening part is aligned with the absorption pad (item 36, figures 11-16).
Regarding claim 6, Decock discloses that the protective cap a screw cap having an internal thread arranged on the fastening part (paragraphs [0039], [0041], [0053], figure 16).
Regarding claim 8, Decock discloses that the inner part is fastened to the fastening part in an axially movable manner (paragraph [0041], inner casing 30 and outer casing 28 are rotationally and axially movable with respect to each other).
Regarding claim 11, Decock discloses that the liquid store is filled with a pharmaceutical liquid (paragraph [0039]).
Regarding claim 14, Decock discloses that absorption pad comprises a fiber material or a porous material (paragraph [0016] and comprises hydrophilic properties (paragraph [0016]).
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 10, 15, 16, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Decock.
Regarding claims 10 and 18, Decock is silent to the inner part and the fastening part are composed of different materials and that the inner part is softer than the material of the fastening part.
However, it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the claimed invention to have formed the fastening part and the inner part of the protective cap such that they are different with the inner part being softer than the fastening part in order to have the inner part some elasticity for proper engagement with the fastening part and/or the dispensing container neck. 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. (See MPEP § 2144.07).
Regarding claims 15 and 16, Decock teaches the aperture of the fastening part and that the inner part moves axially in relation to the fastening part (paragraphs [0039], [0041]).
However, Decock is silent to the exact diameter of the aperture and the distance traveled by the inner part.
It would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the claimed invention to have formed the inner part and the fastening part of Decock’s device with any dimensions suitable for the aperture and the axial travel between the components since doing so depends on the needs of the particular dispensing operation. It has been held that a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art (See MPEP § 2144.04 (IV)).
Claims 7, 9, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Decock in view of Wochele (US PG PUB 2020/0262622).
Regarding claims 7, 9, and 17, Decock teaches that the protective cap attaches to the dispensing container view screws and does not teach that it is a push-on cap and the fastening part include an interior clamping surface.
Wochele teaches another dispenser (item 2, figure 1) with a protective cap (item 3, figure 2) that comprises a fastening cap (item 32, figure 2) that is a push-on cap and comprises an interior clamping surface in the form of a uniform diameter retaining edge (item 35, figure 2) extending inwards from the fastening part’s inner wall to clamp onto a container outer part (figure 2) which comprises a diameter larger than the retaining edge of the fastening part. Doing so provides a push-on mechanism for the protective cap that is both secure and removable (paragraph [0034]).
It would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the claimed invention to have modified the invention of Decock as taught by Wochele such that the fastening part comprises a retaining edge at its lower end wherein a clamping surface extends from its inner surface with a diameter smaller than the inner part such that the fastening past and the inner part can be combined together.
Furthermore, it would be obvious to also use the retaining edge of the fastening part to act as a clamping mechanism to connect the entire protective cap assembly to a neck of the dispenser to provide a snap-fit or push-one cap mechanism that is both secure yet removable upon application of deformation force by a user.
Claims 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Decock in view of Greiner-Perth et al. (“Greiner-Perth” hereinafter) (US PG PUB 2019/0111448).
Regarding claims 19 and 20, Decock does not explicitly teach an actuating button for actuating the pump device, the actuating button being disposed on a lateral surface of the housing and being pushable radially inward and that that protective cap covers the actuating button in the fitted state.
Greiner-Perth teaches another liquid dispenser (item 10, figure 1) comprising a liquid dispensing pump (item 22, figure 1) with an actuating button (item 50, figure 1) disposed on a lateral surface of a pump housing (item 20, figure 1) and a protective cap (item 80, figure 8) that covers the actuating button in its fitted state.
It would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the claimed invention to have modified the invention of Decock as taught by Greiner-Perth to have used the protective cap on a dispenser that comprises lateral actuating button to actuate a dispensing pump of a liquid dispenser with the protective cap comprising sufficient diameter and length to entirely cover the actuating button to prevent inadvertent dispensing of the liquid form the container.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following documents disclose subject matter related to pharmaceutical liquid dispensers with protective cap arrangement: US PG PUB 2016/0311588, US PN 9,676,525, US PG PUB 2020/0262622, and US PG PUB 2022/0339315.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VISHAL J PANCHOLI whose telephone number is (571)272-9324. The examiner can normally be reached Monday - Thursday (9 am - 7 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, Paul Durand can be reached at 571-272-4459. 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.
/Vishal Pancholi/Primary Examiner, Art Unit 3754
Prosecution Insights