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 .
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.
Claim(s) 1-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stratton (US Patent No. 9,365,405).
Re: Claim 1, Stratton discloses the claimed invention including a fluid dispenser comprising:
a container (22) comprising an inlet (32) and an outlet, wherein the container defines an inner volume (Depicted in Fig. 3);
a pressure-actuated outlet valve (38) adjacent the outlet and movable between an open position and a closed position (Depicted in Fig. 3);
a flexible fluid container (12) positioned within the container and including an outlet passage (14) that extends through the pressure-actuated outlet valve (Depicted in Fig. 3); and
a bag receiver (44) positioned in the container, the bag receiver configured to slidably receive at least a portion of the flexible fluid container to secure the outlet of the flexible fluid container relative to the outlet of the container (Depicted in Fig. 3),
wherein the outlet valve is biased toward the closed position and configured to move to the open position when the pressure within the inner volume and applied to the flexible fluid container exceeds a threshold pressure (Col. 4, lines 25-26, opens under a threshold pressure).
Re: Claim 2, Stratton discloses the claimed invention including the outlet valve is configured to return to the closed position when the pressure in the inner volume is less than the threshold pressure (Col. 4, line 25-26, spring loaded returns to closed when no pressure applied).
Re: Claim 3, Stratton discloses the claimed invention including the outlet passage is disposed in the outlet, such that fluid within the flexible container does not contact the outlet of the container (Depicted in Fig. 3).
Re: Claim 4, Stratton discloses the claimed invention including the flexible fluid container further comprises an elongated neck portion (Depicted in Fig. 3).
Re: Claim 5, Stratton discloses the claimed invention including the outlet valve is disposed about at least a portion of the neck, and wherein the outlet valve is positioned to restrict fluid flow through at least a portion of the neck (Depicted in Fig. 3, Col. 4, lines 24-26, valve about neck).
Re: Claim 6, Stratton discloses the claimed invention including the interior volume of the flexible container is in fluidic communication with the outlet when the outlet valve is in the open position, and wherein the interior volume of the flexible container is fluidically isolated from the outlet when the outlet valve is in the closed position (Depicted in Fig. 3, fluid communication when opened and not fluid communication when closed).
Re: Claim 7, Stratton discloses the claimed invention including the bag receiver comprises a u-shaped receiver configured to receive at least the portion of the flexible fluid container (Depicted in Fig. 5).
Re: Claim 8, Stratton discloses the claimed invention including the bag receiver is removably coupled to the container (Fig. 5, depicts the receiver separate from the rest of the device thus inherently capable of separating from the rest of the device).
Re: Claim 9, Stratton discloses the claimed invention including the inlet of the container is configured to be coupled to a pressurized fluid source (45) (Fig. 6).
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(s) 10-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stratton (US Patent No. 9,365,405) as applied to claim 1 above, and further in view of Fiedler (US Patent No. 8,360,278).
Re: Claim 10, Stratton discloses the claimed invention including the container further comprises an openable cap comprising the inlet (Depicted in Fig. 3)except for the cap comprising the outlet. However, Fiedler discloses a pressurized container with an openable cap (8) comprising an outlet (30) (Fig. 4).
It would have been obvious to one having ordinary skill in the art at the time of the effective filing date to include an outlet on the cap as taught by Fiedler, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Re: Claim 11, Stratton discloses the claimed invention including except for an inlet valve adjacent the inlet. However, Fiedler discloses an inlet valve adjacent the inlet (Fig. 4, Col. 7, lines 52-53, inlet valve).
It would have been obvious to one having ordinary skill in the art at the time of the effective filing date to include an inlet valve as taught by Fiedler, since Fiedler states col. 7, lines 47-49 that such a modification provides a quick connect valve for receiving the compressed gas into the compartment.
Re: Claim 12, Stratton as modified by Fiedler in the rejection of claim 11 above discloses the claimed invention including the inlet is fluidically sealed when the inlet valve is in the closed position, and wherein the inlet is fluidically open when the inlet valve is in the open position (Fiedler: Col. 7, lines 52-53, seals when closed, unseals when open).
Claim(s) 13-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stratton (US Patent No. 9,365,405) as applied to claim 1 above, and further in view of Callaghan (US 2023/0278850 A1)
Re: Claim 13, Stratton discloses the claimed invention including a fluid dispenser comprising:
a container (22) comprising an inlet (32) and an outlet, wherein the container defines an inner volume (Depicted in Fig. 3);
a pressure-actuated outlet valve (38) adjacent the outlet and movable between an open position and a closed position (Depicted in Fig. 3);
a flexible fluid container (12) positioned within the container and including an outlet passage (14) that extends through the pressure-actuated outlet valve (Depicted in Fig. 3); and
a bag receiver (44) positioned in the container, the bag receiver configured to slidably receive at least a portion of the flexible fluid container to secure the outlet of the flexible fluid container relative to the outlet of the container (Depicted in Fig. 3),
wherein the outlet valve is biased toward the closed position and configured to move to the open position when the pressure within the inner volume and applied to the flexible fluid container exceeds a threshold pressure (Col. 4, lines 25-26, opens under a threshold pressure).
a pressurized fluid source (45) in fluidic communication with the inlet of the container (Col.3, lines 30-34, pressurized gas source)
Stratton discloses the claimed invention except for expressly stating a plurality of container system. However, Callaghan discloses a plurality container system (100) (Fig. 1B).
It would have been obvious to one having ordinary skill in the art at the time of the effective filing date to include a plurality or containers as taught by Callaghan, since such modification would allow the device to produce a greater range of products than that of just one, and further, it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Re: Claim 14, Stratton discloses the claimed invention including the outlet valve is configured to return to the closed position upon receiving pressure less than the threshold pressure from the inner volume. (Col. 4, line 25-26, spring loaded returns to closed when no pressure applied).
Re: Claim 15, Stratton discloses the claimed invention including the outlet is fluidically sealed when the outlet valve is in the closed position, and wherein the outlet is fluidically open when the outlet valve is in the open position the outlet is fluidically sealed when the outlet valve is in the closed position, and wherein the outlet is fluidically open when the outlet valve is in the open position (Col. 4, line 25-26, outlet closed when valve closed and open with outlet valve is opened).
Re: Claim 16, Stratton discloses the claimed invention including the inner volume is in fluidic communication with the outlet when the outlet valve is in the open position, and wherein the inner volume is fluidically isolated from the outlet when the outlet valve is in the closed position (Depicted in Fig. 3, fluid communication when opened and not fluid communication when closed).
Re: Claim 17, Stratton discloses the claimed invention including the flexible container defining an interior volume and an opening, wherein the flexible container is disposed inside the inner volume, and wherein the opening is adjacent the outlet of the container (Depicted in Fig. 3).
Re: Claim 18, Stratton discloses the claimed invention including the interior volume of the flexible container is in fluidic communication with the outlet when the outlet valve is in the open position, and wherein the interior volume of the flexible container is fluidically isolated from the outlet when the outlet valve is in the closed position (Depicted in Fig. 3, fluid communication when opened and not fluid communication when closed).
Re: Claim 19-20, Stratton discloses the use of a controller (62) for operating valves (Col. 5, lines 19-23), except for expressly stating a processor communicating with the pressure source and air inlet. However, Callaghan teaches a processor (900, 904) in communication with the pressurized fluid source and an inlet valve (104) in communication with the processor, wherein the inlet valve is moved between an open position and a closed position based on instructions from the processor (Para. 31,42, processor in controller communicates with pressurized source and inlet valve).
It would have been obvious to one having ordinary skill in the art at the time of the effective filing date to include a plurality or containers as taught by Callaghan, since Callaghan states in paragraph 37 that such a modification of processing systems to automatically dispense beverages either by the interaction with an employee, customer, server, or automatically and allows the drink dispensing system may be completed automatically via any control signal.
Re: Claim 21, Stratton discloses the claimed invention including the bag receiver of each container system comprises a u-shaped receiver configured to receive at least the portion of the flexible fluid container (Depicted in Fig. 5).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. References cited on the PTO-892 teaches additional dispensing systems with pressure actuated valves.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES P. CHEYNEY whose telephone number is (571)272-9971. The examiner can normally be reached Monday - Friday, 8:00 am - 4:30 pm.
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/CHARLES P. CHEYNEY/Primary Examiner, Art Unit 3754