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 .
The amendment filed on 12/12/2025 has been entered.
Claim Objections
Claim 1 is objected for minor informality because there is a lack of antecedent basis for “the area below the plunger“. Applicant is also advised to provide a reference point with regard to “below”. Appropriate corrections are required.
Examiner Notes
It appears in claim 1, the indents a), b), c), d) are referring to the construction of the parts of the barrel. The Examiner may suggest the following:
1. (currently amended) A portable powder measuring and dispensing device comprising: a barrel and a container, wherein the barrel having:
a)
b) a
c) a bottom which is attached to [[a]] the container of powder to be measured; and
d) an adjustable divider for measuring the powder and delivering the powder to an area below (also provide a reference point for “below”) the plunger when the adjustable divider is open and wherein the adjustable plunger compresses the powder when the adjustable divider is closed wherein the adjustable divider is a single disc which rotates to an open or closed position.
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 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Wollach (US 2012/0248138).
Regarding claim 1, Wollach discloses a portable substance measuring and dispensing device (fig.1-9) comprising: a barrel (100) having a top and a bottom; a barrel top lid (102-103) containing an adjustable plunger (401) wherein the plunger has a round barrel side disc (see marked area 103 in fig.5); a bottom which is attached to a container (see area 101 and 201 in fig.2) of substance to be measured; and an adjustable divider (306) for measuring the substance and delivering the substance to the area below the plunger when the adjustable divider is open and wherein the adjustable plunger compresses the substance when the adjustable divider is closed wherein the adjustable divider is a single disc which rotates to an open or closed position (see [0037], [0040], an option of “the valve (306) may also be opened and closed independently of any rotation of the second conduit section (102) in relation to the first conduit section (101)”; and while 306 is closed plunger 401 can compress the substance).
Wollach is silent in disclosing a powder being dispensed. Instead, Wollach teaches the device dispenses a “substance” ([0048]). It would have been obvious to one having ordinary skill in the art before the effective filling date of the application to modify the contents of the metering device, since inclusion of material or article worked upon by a structure being claimed does not impart patentability to the claims.” In re Young, 75 F.2d 996, 25 USPQ 69 (CCPA 1935) (as restated in In re Otto, 312 F.2d 937, 136 USPQ 458, 459 (CCPA 1963)). In this instant application operating the metering device by mediums such as “powder” will not produce an unexpected result than “substance” as a medium in the metering device of Wollach.
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Regarding claim 3, Wollach discloses the adjustable plunger can be adjusted by screwing the plunger to a desired length (via 304).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Wollach (US 2012/0248138) in view of Joseph (US 3,179,303).
Wollach is silent in disclosing the adjustable divider can be opened and closed using either a control knob or a control lever. However, Joseph teaches the commonality of using a lever (19) for opening and closing an adjustable rotating disc (30). It would have been obvious to one having ordinary skill in the art before the effective filling date of the application to add a lever as taught by Joseph to the disc of Wollach, in order to operate the dosing dispensing device effectively.
Response to Arguments
Applicant’s arguments with respect to the above claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 Bob Zadeh whose telephone number is (571)270-5201. The examiner can normally be reached Monday-Friday 8am-4pm E.
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/BOB ZADEH/Primary Examiner, Art Unit 3754