DETAILED ACTION
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.
Claims 4, 8-9 are 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.
Claim 4 recites “a gasket, located above the cover member and below the stopper” this claim language contradicts the drawings as it shows the gasket 241 inside the cover. For the purpose of examination “a gasket, located above the cover member and below the stopper” will be treated as a “gasket”
Claim 8 recites “wherein the spraying assisting portion is buckled above the spraying assembly” recites a function to be achieved “buckled” but no structure to achieve the claimed function, no recitation of the buckle to be buckled in the claims or specification. For purpose of examination “buckled” will be treated as “connected to”.
Claim 9, recites “wherein the spraying assisting portion is sleeved outside the housing and capable of enabling relative movement between the housing and the spraying assisting portion”. The claim recites a goal to be achieved without the necessary structure to achieve the claimed goal, i.e. spraying assisting portion is capable of enabling relative movement but no recites structures that performs this. See MPEP 2173.05(g).
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 10 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 10 depends from canceled claim 6, for purpose of further examination the claim will be treated as depending from claim 1. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-4, 8-10 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Nasr (US 20170197776 A1).
Claim 1, Nasr discloses a housing (2), containing liquid and/or gas; and
a spraying assembly (FIG 4a-4c), comprising a spraying rod (220) having a liquid outlet hole (284, 286);
wherein the spraying rod comprises a spraying inner rod (internal portion of 220) and a spraying outer rod (external portion of 220);
the spraying inner rod is located inside the housing (2), the spraying outer rod is located outside the housing, the spraying outer rod has a spraying opening (top of 280), and the spraying assembly is mounted on the housing with the spraying outer rod protruding from the housing;
whereby when pressure is applied to the spraying assembly, the spraying rod moves at least a predetermined distance towards an inside of the housing, causing the liquid and/or gas to be ejected from the spraying opening, wherein the liquid outlet hole (284, 286) is located on the spraying outer rod, after the spraying rod moves at least the predetermined distance towards the inside of the housing, the liquid outlet hole moves to the inside of the housing along with the spraying outer rod until liquid outlet hole moves at least the predetermined distance;
a spraying assisting portion (3) having a slit portion (12a), wherein the slit portion is aligned with the spraying opening, a hollow conical stopper (bottom of 3 fits over 7 and connects 12a-12b with 8; FIG 1) is arranged around the slit portion, and the stopper is capable of limiting the spray opening within the stopper and be aligned with the slit portion, the spraying assisting portion is configured to receive a downward pressure, and conduct the pressure to the spraying assembly to receive the pressure after the spraying assisting portion receives the pressure, whereby the spraying outer rod moves at least the predetermined distance towards the inside of the housing, and the liquid and/or the gas in the housing are sprayed out from the spraying opening and then sprayed out through the slit portion (3 is pressed which moves 12 and 8 downward causing liquid to exit 8 and pass into 12 then exit 12 into the atmosphere through 11).
Claim 2, Nasr discloses wherein the spraying assembly further comprises:
a force application member (222), wherein the force application member is nested outside the spraying inner rod (220); and
a bushing (208, 206) in which the spraying assembly located in the housing is fixed, comprising:
a bushing opening (212, 230); and
an inner through pipe (208) communicating with the bushing opening, wherein the force application member and the spraying inner rod are nested in the inner through pipe;
wherein the inner through pipe has a through hole (204), and the inner through pipe communicates with the housing through the through hole, whereby the liquid inside the housing flows in the inner through pipe and the housing.
Claim 3, Nasr discloses wherein the spraying inner rod has a stopper (290), which blocks the spraying inner rod inside the housing.
Claim 4, Nasr discloses comprising: a cover member (30), positioned on the housing sealing the spraying assembly within the housing;
a gasket (260; See 35 USC 112 above); and
a sealing ring (226), located within the stopper;
wherein both the gasket and the sealing ring are annular, an inner diameter of the gasket (232) corresponds to a diameter of the spraying rod, the inner diameter of the sealing ring is less than the diameter of an outer ring of the gasket (inner diameter of 226 is less than outer diameter of 260), and the bushing opening is fixed below the sealing ring by the sealing ring (both 260 and 226 provide seal for 208).
Claim 8, Nasr discloses wherein the spraying assisting portion is buckled above the spraying assembly (3; FIG 1).
Claim 9, Nasr discloses wherein the spraying assisting portion (3) is sleeved outside the housing (2) and capable of enabling relative movement between the housing and the spraying assisting portion (FIG 1 and 4a-4c).
Claim 10, Nasr discloses wherein upon receiving a downward pressure, the housing moves downward along the spraying assisting portion until the spraying opening abuts against the slit portion, thereby causing the spraying inner rod to move into the housing (Applying pressure against 3 causes 220 to move into housing 2; FIG 1, 4-5).
Response to Arguments
Applicant's arguments filed 2/5/2026 have been fully considered but they are not persuasive.
The applicant’s argument regarding the newly amended claims are addressed in the rejection above.
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 JEREMY W CARROLL whose telephone number is (571)272-4988. The examiner can normally be reached M-F 8 AM - 5 PM.
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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.
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JEREMY W. CARROLL
Primary Examiner
Art Unit 3754
/Jeremy Carroll/Primary Examiner, Art Unit 3754