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
"limit stop," as claimed in claim 1,
“imaginary plane,” as claimed in claim 5,
“auxiliary groove,” as claimed in claim 18,
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.
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 5 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 5, the limitation “along an imaginary plane,” is indefinite as no specific plane, nor reference point in which the plane resides, is clearly defined.
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 1-3, 5, 7-9, 11-18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Tada (US 10549296 B2) in view of Wesner et al. (US 4346821 A).
Regarding claim 1, Tada discloses a trigger dispensing head for a dispensing device (figs. 1-9) comprising:
a frame (body part 4) applicable to a bottle (col. 6 ll. 58-62) of the dispensing device;
a manually operable trigger (trigger part 5);
a piston chamber (cylinder part 41)
supported by the frame and a piston (refer to at least fig. 1-2) sealingly slidable in the piston chamber along a piston axis (col. 6 ll. 63-67 and col. 7 ll. 1-5, wherein the piston axis is along the direction of motion of the piston, refer to figs. 2-3) through actuation by the manually operable trigger (col. 4 ll. 29-33);
a dispensing duct (refer to the annotated figure below),
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ending with a dispensing end (refer to the annotated figure below),
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in communication with the piston chamber to take a product being dispensed from the piston chamber towards an external environment (col. 7 ll. 34-39);
a suction duct (tube 8) in communication with the piston chamber to take the product being suctioned from the bottle to the piston chamber (col. 6 ll. 58-62 and fig. 3—wherein one having ordinary skill in the art can reasonably infer that suction pulls the liquid into the pump chamber by the actuation of the trigger controlled piston and the prior art reference does not suggest otherwise, see MPEP 2144.01);
suction valve means (F valve FV) adapted to operate between the piston chamber and the suction duct (refer to figs. 2-3) to allow a passage of the product being suctioned from the bottle to the piston chamber during a suction step and to prevent the product from returning from the piston chamber to the bottle during a dispensing step (wherein one having ordinary skill in the art can infer that F valve FV functions as a one-way valve, as is necessary to maintain pressure for dispensing via the piston, refer to col. 7 ll. 34-39 and MPEP 2144.01);
a locking member (receiving part 51) positioned on the manually operable trigger (refer to fig. 9); and
a nozzle (nozzle part 1) engaged to the frame (col. 4 ll. 29-33 and figs. 2-3) having a nozzle axis, comprising:
a base positioned at the dispensing end (refer to the annotated figure below),
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provided with a nozzle passageway (refer to the annotated figure below)
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and an outer port (nozzle orifice 12);
an annular gripping wall extending from the base (outer surfaces of nozzle part 1, col. 4 ll. 66-67 and col. 5 ll. 1-3);
an actuation compartment located on the annular gripping wall (opposing upper and lower surfaces, as referred to in col. 4 ll. 66-67 and col. 5 ll. 1-3, defining the space within the nozzle), suitable for receiving the locking member (figs. 6A and 6B); and
an interference element positioned on the annular gripping wall (projection 11C); wherein the nozzle is positionable in a closing position, in which the locking member engages the interference element (col. 5 ll. 45-49) preventing an actuation stroke of the manually operable trigger (col. 4 ll. 50-56), and in an opening position, in which the locking member is freely movable in the actuation compartment allowing the actuation stroke of the manually operable trigger (refer to fig. fig. 7A-7B); however, Tada remains silent to wherein the nozzle comprises at least one backing wall radially protruding internally from the annular gripping wall, configured to form a limit stop for the locking member upon reaching the closing position and/or the opening position. Wesner teaches wherein the nozzle comprises at least one backing wall (radial projection 44) radially protruding internally from the annular gripping wall (overcap 31), configured to form a limit stop for the locking member upon reaching the closing position and/or the opening position (col. 9 ll. 17-37). It would have been prima facie obvious to one having ordinary skill in the art to modify the nozzle to include a backing wall. In doing so the nozzle can be rotated clockwise and counter clockwise to a precise limit, ensuring proper alignment (vol. 9 ll. 5-16).
Regarding claim 2, in addition to the limitations of claim 1, Tada further discloses wherein the manually operable trigger comprises a lever (wherein through hole 52 is the location of the pivot point, and for applied to the lower end of the trigger part 5 actuates the piston—defining a lever, col. 7 ll. 30-34 and figs. 2-3 and 5) having a front surface suitable for supporting a user's fingers, and a rear surface opposite to the front surface, and wherein the locking member protrudes from the front surface (refer to the annotated figure below).
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Regarding claim 3, in addition to the limitations of claim 1, Tada further discloses wherein the locking member is made in one piece with the manually operable trigger (refer to fig. 5).
Regarding claim 5, in addition to the limitations of claim 1, Tada further discloses wherein, in the opening position of the nozzle, the locking member is freely movable (col. 5 ll. 61-65, and figure 7A-B, wherein the locking member is no longer blocked by projection 11C) along an imaginary plane passing through the nozzle axis (refer to the annotated figure below).
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Regarding claim 7, in addition to the limitations of claim 1, Tada is silent to the locking member is positioned between the piston axis and the nozzle axis, however, Wesner teaches the locking member (slot 42) is positioned between the piston axis and the nozzle axis (refer to the annotated figure below, and col. 9 ll. 43-50, wherein Wesner discusses the equivalency of the piston and nozzle between embodiments).
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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 trigger, pump, and location of the piston axis to be non-coaxial with the nozzle axis. Doing so is a simple substitution of knowns element (trigger and piston pump), and it appears as if the trigger and piston pump of Wesner would work equally well (Tada only requires that the trigger and pump compress liquid resulting in actuation out of the nozzle, col. 4 ll. 29-33).
Regarding claim 8, in addition to the limitations of claim 1, Tada further discloses wherein the nozzle is rotatable about the nozzle axis between the closing position and the opening position (refer to fig. 7A-B and col. 5 ll. 61-63, col. 5 ll. 66-67, and col. 6 ll. 1-2).
Regarding claim 9, in addition to the limitations of claim 8, Tada further discloses wherein the annular gripping wall comprises an inner annular surface (refer to the annotated figure below),
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wherein the locking member slides in contact with said inner surface when positioning the nozzle from the opening position to the closing position and vice versa (col. 5 ll. 25-31, col. 5 ll. 47-49, col. 6 ll. 3-8, and figs. 7A-7B showing rotation in which locking member slides in contact with the inner annular surface).
Regarding claim 11, in addition to the limitations of claim 1, Tada further discloses wherein the annular gripping wall comprises a free end opposite to the base, and wherein the actuation compartment is open at the free end (refer to the annotated figure below).
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Regarding claim 12, in addition to the limitations of claim 1, Tada further discloses wherein the actuation compartment passes radially through the annular gripping wall (as seen in figs. 7A and 7B).
Regarding claim 13, in addition to the limitations of claim 1, Tada further discloses wherein the nozzle is provided with an actuation compartment edge delimiting the actuation compartment, and wherein a first backing wall is positioned on a portion of said actuation compartment edge (refer to the annotated figure below).
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Regarding claim 14, in addition to the limitations of claim 1, Tada further discloses the nozzle comprises a locking compartment positioned on the annular gripping wall, suitable for accommodating at least partially the locking member in the closing position of the nozzle (refer to the annotated figure below),
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wherein the locking compartment begins at the edge of nozzle part 1 (near line O-O) and extends towards the trigger part 5 and said locking compartment accommodates the locking member (as shown in fig. 6A).
Regarding claim 15, in addition to the limitations of claim 14, Tada further discloses wherein the nozzle is provided with a locking compartment edge delimiting, at least partially, the locking compartment, and wherein the interference element is positioned on a portion of said locking compartment edge (refer to the annotated figure below).
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In the annotated figure above, the locking compartment edge delimits the portion of the locking compartment closest to the base.
Regarding claim 16, in addition to the limitations of claim 14, Tada further discloses wherein the nozzle is provided with a locking compartment edge delimiting, at least partially, the locking compartment, and wherein a portion of said locking compartment edge constitutes the interference element (refer to the annotated figure below).
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Regarding claim 17, in addition to the limitations of claim 15, Tada further discloses wherein a second backing wall is positioned on a portion of said locking compartment edge (refer to the annotated figure below, wherein one side of the second backing wall overlaps the locking compartment edge).
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Regarding claim 18, in addition to the limitations of claim 14, Tada further discloses wherein the nozzle comprises an auxiliary groove (112) formed in the annular gripping wall between the actuation compartment and the locking compartment, and wherein the locking member is movable in said auxiliary groove when positioning the nozzle from the opening position to the closing position and vice versa (refer to figs. 7A-7B).
Regarding claim 20, in addition to the limitations of claim 1, Tada further discloses a bottle for containing a product to be dispensed; and the trigger dispensing head of claim 1 applied to the bottle (body part 4 is attached a container, not shown, col. 6 ll. 58-62).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Tada (US 10549296 B2) and Wesner et al. (US 4346821 A), as applied in claim 1, further in view of Sweeton et al. (US 8517221 B2).
Regarding claim 4, in addition to the limitations of claim 1, the already modified device remains silent to the locking member has a T-shaped section along a section plane transverse to the annular gripping wall. However, Sweeton teaches the locking member has a T-shaped section
along a section plane transverse to the annular gripping wall (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 locking member to include a T-shaped section. Such modification is a simple substitution of the locking member and trigger, which prevents actuation of the trigger during the closed position (Sweeton: col. 4 ll. 1-26 and col. 6 ll. 30-49), achieving a similar result to the locking member of Tada.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Tada (US 10549296 B2) and Wesner et al. (US 4346821 A), as applied in claim 1, further in view of Steijns (US 5207359 A).
Regarding claim 6, in addition to the limitations of claim 1, the already modified device teaches the locking member and interference member but remain silent to the locking member comprises an end tooth suitable for snap-engaging the interference element. Steijns teaches the locking member (ramp surface 64) comprises an end tooth (detents 58 and 60) suitable for snap-engaging the interference element (flanges 38 and 40). 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 locking member and interference element to be snap-engaging. Doing so is a simple substitution of known elements, such that the function of locking the trigger during a closing position occurs, and the already modified device of Tada in view of Wesner would function as intended.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Tada (US 10549296 B2) and Wesner et al. (US 4346821 A), as applied in claim 1, further in view of Marcon (US 4506805 A).
Regarding claim 10, in addition to the limitations of claim 1, the already modified device teaches the annular gripping wall annularly defines a nozzle housing (full structure of nozzle part 1), but remains silent to the locking member is housed in said nozzle housing in the closing position of the nozzle. Marcon teaches the locking member (locking fingers 28) is housed in said nozzle housing (case 6) in the closing position of the nozzle (refer to fig. 4). 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 house the locking member in the nozzle housing. In doing so, the device advantageously allows for the locking member and interference element, in the closing position, to be inaccessible from the exterior of the device, preventing their disengagement without changing the nozzles position. (Marcon, figs. 4 and 6)
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Tada (US 10549296 B2) and Wesner et al. (US 4346821 A), as applied in claim 1, further in view of Balderrama (US 5366160 A).
Regarding claim 19, in addition to the limitations of claim 1, the already modified device remains silent regarding the base of the nozzle has at least one connection window engageable by a foamer of the trigger dispensing head. However, Balderrama teaches the base of the nozzle (nozzle cap 22) has at least one connection window (open areas 44) engageable by a foamer (disrupter means 24) of the trigger dispensing head (col. 3 ll. 29-49). 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 nozzle to have connection windows engageable by a foamer. In doing so, the device advantageously can dispense foam of commercially acceptable quality (Balderrama: col. 2 ll. 1-12).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Hoefte et al. (US 10441963 B2) disclosing a rotatable nozzle with locking mechanism for preventing the actuating stroke of the trigger.
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