DETAILED ACTION
1. 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
2. Applicant’s election without traverse of Species I, claim 14, in the reply filed on 5/27/26 is acknowledged.
Claim 15 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 5/27/26.
Claim Rejections - 35 USC § 102
3. 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.
4. Claim(s) 1-6, 10, 12-13, and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tyler (US Patent No. 3,210,261).
Regarding claims 1 and 6, Tyler discloses an apparatus capable of preparing a liquid preparation according to the method of Claim 18; the apparatus comprising: a mixing funnel (70) having a reaction chamber (space inside funnel), an inlet region (open top) for admitting a quantity of the first part and a quantity of the second part into the reaction chamber to form a reagent mixture in the reaction chamber in use (see figure 1), and an outlet (outlet connected to line 72) comprising at least one restriction orifice (outlet of funnel connected to line 72) for releasing the reagent mixture from the reaction chamber at a controlled rate; and a primary chamber (container 74 having the funnel indirectly attached) arranged to receive the reagent mixture from the reaction chamber through the restriction orifice (see figure 1); wherein the or each restriction orifice is disposed in a base part of the mixing funnel (see funnel 70 having restriction orifice located at a bottom thereof) and provides a permanently open flow path from the reaction chamber to the primary chamber, and the reagent mixture flows through the restriction orifice under gravity (see figure 1; see col. 2, line 63 to col. 3, line 10).
Regarding claim 2, Tyler discloses a dispenser (valves 54,64 and conduits 52,62) for dispensing a quantity of the first part and a quantity of the second part into the mixing funnel (70) (see figure 1; see col. 2, lines 40-53).
Regarding claim 3, Tyler discloses that the inlet region (open top) of the funnel (70) comprises a receiving region (area directly above the funnel) for the dispenser (see figure 1).
Regarding claim 4, Tyler discloses first and second capsules (50, 60, respectively) having cavities for storing the first and second parts (see figure 1).
Regarding claim 5, Tyler discloses an actuator (valves 54, 64) operable to cause the dispensing of the first and second parts from the capsule (see figure 1; see col. 2, lines 40-53).
Regarding claims 10 and 12, these limitations are directed to the function of the apparatus and/or the manner of operating the apparatus, all the structural limitations of the claim has been disclosed by Tyler and the apparatus of Tyler is capable of functioning as claimed. As such, it is deemed that the claimed apparatus is not differentiated from the apparatus of Tyler (see MPEP §2114).
NOTE: this is a recitation of intended use, and so long as the prior art structure reads on the instant claimed structure, this limitation would be met because the same structure would be capable of the same function; in this case, the apparatus of Tyler is capable of a controlled rate of equal to or less than 10mL/s or less than 0.01 times the volumetric capacity of the reaction chamber, when liquids having appropriate viscosities or a suitable volume are dispensed.
Regarding claim 13, Tyler discloses that the orifice in the bottom of the funnel (70) permits reagent mixture flow from the rection chamber (space inside funnel 70) to the primary chamber (74) (see figure 1; see col. 2, lines 63-65). The limitations regarding the flow time are directed to the function of the apparatus and/or the manner of operating the apparatus, all the structural limitations of the claim has been disclosed by Tyler and the apparatus of Tyler is capable of functioning as claimed. As such, it is deemed that the claimed apparatus is not differentiated from the apparatus of Tyler (see MPEP §2114).
NOTE: this is a recitation of intended use, and so long as the prior art structure reads on the instant claimed structure, this limitation would be met because the same structure would be capable of the same function; in this case, a flow time of between 30 seconds and 4 minutes can be achieved with a corresponding amount of reagent dispensed.
Regarding claim 17, Tyler discloses that mixing funnel (70) comprises a vent hole (open top of the funnel) in an upper regio of the reaction chamber (see figure 1).
Allowable Subject Matter
5. Claims 18 and 20-23 are allowed.
The following is an examiner’s statement of reasons for allowance: the prior art, alone or in combination, fails to teach or fairly suggest, in the claimed environment, a method for preparing a liquid preparation as recited in independent claim 18.
Specifically, the prior art of record, considered the closest prior art, does not teach or suggest the steps of dispensing a quantity of the first part and a quantity of the second part into a reaction chamber to form a reagent mixture in the reaction chamber; and allowing the reagent mixture to flow under gravity from the reaction chamber into a primary chamber containing a diluent through at least one restriction orifice at a controlled rate, the restriction orifice providing a permanently open flow path from the reaction chamber to the primary chamber; wherein the reagent mixture mixes with the diluent in the primary chamber to form the liquid preparation in the primary chamber, in the claimed environment.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
6. Claims 7-9, and 14 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the prior art does not teach or suggest, in the claimed environment, the features of a mixing funnel releasably engaged with a neck of the container, the mixing funnel attachable to or integral with a lid of the container, or a single restriction orifice having a diameter of between 0.6mm and 1mm.
Conclusion
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN E CONLEY whose telephone number is (571)272-8414. The examiner can normally be reached on M-F, 8:30am-4pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mike Marcheschi can be reached on 571-272-1374. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SEAN E CONLEY/Primary Examiner, Art Unit 1799
Prosecution Insights