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 § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1-8, 10-16 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over McGhie et al. (US Pat No 3,795,366) in view of Hayashi (JP H010113585 A).
Re claim 1, McGhie et al. show an apparatus (Figs. 10-18) comprising:
a dial (112/113) having a planar surface;
a fluid supply channel (Fig. 1, 26);
a plurality of nozzles (116/122) recessed within the surface of the dial, each of the nozzles having a fluid channel (118/124) extending in a direction that is aligned in parallel with the fluid channels of the other nozzles, the dial being configured to rotate for selectively aligning each of the respective nozzles with the fluid supply channel (abstract);
a gear (99), coupled to the dial (112/113) and configured to rotate with the dial, the gear having a plurality of cogs (104/105) separated by spaces defined by the cogs along a rotation path of the cogs.
McGhie et al. does not teach a flexible tab extending into the rotation path, the flexible tab being configured and arranged to: in response to one of the cogs being rotated with the dial into contact with the flexible tab, flex from a relaxed position into a flexed position and apply resistance to rotation of the dial via contact with the one of the cogs, and in response to the one of the cogs being further rotated with the dial to a position in which the cog moves out of contact with the flexible tab, return to the relaxed position in which the flexible tab resides along the rotation path between the one of the cogs and another one of the cogs.
However, Hayashi shows a rotating nozzle head including a flexible tab (Fig. 1, 61) extending into the rotation path, the flexible tab (61) being configured and arranged to: in response to one of the cogs (74) being rotated with the dial into contact with the flexible tab (61), flex from a relaxed position into a flexed position and apply resistance to rotation of the dial (3) via contact with the one of the cogs (paragraphs 0063-0064), and in response to the one of the cogs (74) being further rotated with the dial (3) to a position in which the cog moves out of contact with the flexible tab (61), return to the relaxed position in which the flexible tab resides along the rotation path between the one of the cogs and another one of the cogs (Fig. 1).
Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to have the motivation to have the nozzle of McGhie et al. include a flexible tab as taught by Hayashi to confirm an on/off state of the nozzle (Hayashi – paragraph 0007).
Re claims 2 & 20, McGhie et al. as modified by Hayashi show the flexible tab (Hayashi – 61) has a rounded edge configured relative to the cogs (McGhie – 104/105) so that the rounded edge contacts one of the cogs upon engagement therewith, and facilitates sliding of the flexible tab along an interface with the cog at the rounded edge, therein bending the flexible tab into the flexed position.
Re claim 3, McGhie et al. as modified by Hayashi show the flexible tab (Hayashi – 61) includes: a fixed end (Hayashi – connected to 3) that is fixed in place relative to the dial, and a free end (Hayashi – end of 61) that contacts the cogs (McGhie – 104/105) of the dial as they are rotated into the flexible tab, and that flexes to the flexed position while the fixed end remains fixed in place.
Re claim 4, McGhie et al. as modified by Hayashi show a spray cap (McGhie – Fig. 12, 81) configured to couple to an aerosol can (McGhie – 11) for receiving fluid into the fluid supply channel, and wherein the fixed end is anchored to a portion (McGhie – 84) of the spray cap that remains fixed in place relative to the dial as the dial is rotated.
Re claim 5, McGhie et al. as modified by Hayashi show the spaces defined by the cogs have a consistent width (McGhie – Figs. 17 & 18), and wherein the flexible tab (Hayashi – 61) has a width corresponding to the consistent width such that the flexible tab resides in the space between two of the cogs (McGhie – 104/105) when aligned to the space with one of the plurality of nozzles aligned to the fluid supply channel.
Re claim 6, McGhie et al. as modified by Hayashi show the flexible tab (Hayashi – 61) is configured to apply a force to the cogs (McGhie – 104/105) that resists rotation of the dial (McGhie – 112/113), by engaging edges of the flexible tab with the cogs adjacent the flexible tab when the flexible tab is aligned to the space, therein facilitating alignment of the nozzles to the fluid supply channel.
Re claim 7, McGhie et al. as modified by Hayashi show a second flexible tab (Hayashi – 62) extending into the rotation path of the gear, the second flexible tab being configured and arranged to: in response to a portion of one of cogs (McGhie – 104/105) being rotated with the dial into contact with the second flexible tab, flex from a relaxed position into a flexed position, and in response to the portion of the one of the cogs being further rotated with the dial to a position in which the portion moves out of contact with the second flexible tab, snap back to the relaxed position and generate an audible noise (Hayashi - paragraphs 0063-0064).
Re claim 8, McGhie et al. as modified by Hayashi show the flexible tab (Hayashi – 61) is configured to apply the resistance to rotation of the dial (McGhie – 112/113) by providing increased resistance to rotation of the dial as the dial is rotated away from a first position in which one of the nozzles (McGhie – 116/122) is aligned to the fluid supply (McGhie – 26) channel, and to provide decreased resistance to the rotation of the dial (McGhie – 112/113) as the dial is rotated to a second position in which another one of the nozzles (McGhie – 116/122) is aligned to the fluid supply channel (McGhie – 26).
Re claim 10, McGhie et al. as modified by Hayashi show the gear (McGhie – 99) is configured to: prevent passage of fluid from the fluid supply channel when the dial is positioned with the nozzles out of alignment with the channel (McGhie - col. 7, lines 13-19); and facilitate dispensing of fluid from the fluid supply channel through one of the nozzles when the dial is positioned such that the fluid channel of the one of the nozzles is aligned with the fluid supply channel (McGhie – col. 6, lines 50-67 through col. 7, lines 1-12).
Re claim 11, McGhie as modified by Hayashi show a mechanical stop (McGhie – 93) configured and arranged with the gear to facilitate: engaging of one of the cogs with the mechanical stop to prevent the passage of the fluid from the fluid supply channel when the dial is positioned with the nozzles out of alignment with the channel (McGhie – col. 7, lines 13-19); and aligning of one of the spaces between the cogs (McGhie – 104/105) with the mechanical stop (McGhie – 93) to facilitate the dispensing of the fluid from the fluid supply channel (McGhie – 26) through the one of the nozzles (McGhie – 116/122) when the dial (McGhie – 112/113) is positioned such that the fluid channel (McGhie – 118/124) of the one of the nozzles is aligned with the fluid supply channel.
Re claim 12, McGhie et al. as modified by Hayashi show an actuator (McGhie – 95) coupled to the dial (McGhie – 112/113) to facilitate the dispensing of the fluid from the fluid supply channel (McGhie – 26) through the one of the nozzles (McGhie – 116/122) via movement of the actuator (McGhie – 95) and dial for dispensing the fluid, when the one of the spaces between the cogs is aligned with the mechanical stop (McGhie – 93).
Re claim 13, McGhie et al. as modified by Hayashi show the actuator (McGhie- 95) is configured to engage with a valve (McGhie - Fig. 1, 28) operable to dispense the fluid into the channel in response to movement of the actuator and dial relative to the valve.
Re claim 14, McGhie et al. as modified by Hayashi show the fluid supply channel (McGhie - 26) includes a portion extending vertically and another portion extending horizontally aligned to the nozzles (McGhie - 116/122), and is configured to move vertically with the dial (McGhie - 112/113) in response to force applied thereto for spraying fluid through one of the nozzles in the horizontal direction (McGhie - col. 6, lines 56-60).
Re claim 15, McGhie et al. as modified by Hayashi show an actuator (McGhie - 95) configured and arranged to actuate a valve (McGhie - 28) to release propelled liquid through the fluid supply channel and into the fluid channel (McGhie - 118/124) of one of the nozzles (McGhie - 116/122) aligned to the fluid supply channel, wherein the fluid supply channel (26) includes a portion extending vertically and another portion extending horizontally aligned to the nozzles, and is configured to move vertically with the dial (McGhie - 112/113) in response to force applied thereto via the actuator for actuating the valve and releasing the propelled liquid (McGhie - col. 6, lines 56- 60).
Re claim 16, McGhie et al. as modified by show the fluid supply channel (McGhie - 26) is configured to engage and disengage with a valve stem (McGhie - 28) of a pressurized vessel (McGhie - 11) for dispensing the propelled liquid into the fluid supply channel, including providing a seal to the pressurized vessel while a force is applied to the actuator (McGhie - 95) and releasing the seal when less or no force is applied to the actuator (McGhie - 95).
Re claim 18, McGhie et al. show an apparatus (Figs. 10-18) comprising:
a dial (112/113) having a plurality of nozzles (116/122) recessed within the surface of the dial, each of the nozzles having a fluid channel (118/124) aligned in parallel with the fluid channels of the other nozzles, the dial being configured to rotate for selectively aligning each of the respective nozzles with the fluid supply channel (abstract).
McGhie et al. does not teach a flexible tab extending into a rotation path of a portion of the dial, the flexible tab being configured and arranged to:
in response to the portion of the dial being rotated into contact with the flexible tab, flex from a relaxed position into a flexed position and apply resistance to rotation of the dial via contact with a portion of the dial, and
in response to the portion of the dial being further rotated with the dial to a position in which the portion of the dial moves out of contact with the flexible tab, return to the relaxed position.
However, Hayashi shows a rotatable spray head with a flexible tab (Fig. 1, 61) extending into a rotation path of a portion of the dial (3), the flexible tab being configured and arranged to:
in response to the portion of the dial being rotated into contact with the flexible tab, flex from a relaxed position into a flexed position and apply resistance to rotation of the dial via contact with a portion of the dial (paragraphs 0063-0064), and
in response to the portion of the dial (3) being further rotated with the dial to a position in which the portion of the dial moves out of contact with the flexible tab (61), return to the relaxed position.
Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to have the motivation to have the nozzle of McGhie et al. include a flexible tab as taught by Hayashi to confirm an on/off state of the nozzle (Hayashi – paragraph 0007).
Re claim 19, McGhie et al. as modified by Hayashi show the portion of the dial includes a gear (McGhie – 99) configured to rotate with the dial, the gear having a plurality of cogs (McGhie – 104/105) separated by spaces defined by the cogs along a rotation path of the cogs, each of the cogs engaging with the flexible tab (Hayashi – 61) as the cog is rotated by the flexible tab.
Allowable Subject Matter
Claims 9 and 17 is 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 the apparatus of claim 1, wherein the dial, fluid supply channel, gear and flexible tab are configured to operate in a dispensing mode in which fluid is dispensed from the fluid supply channel through the nozzles, by moving collectively together in response to pressure applied to the apparatus in a downward direction parallel to the planar surface of the dial or the apparatus of claim 16, wherein the dial is configured to lift the fluid supply channel vertically when rotating between positions at which the nozzles are not aligned with the fluid supply channel, therein disengaging the fluid supply channel from the valve stem.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN MICHAEL CERNOCH whose telephone number is (571)270-3540. The examiner can normally be reached Mon-Fri; 8am-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arthur Hall can be reached at (571)270-1814. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
STEVEN MICHAEL CERNOCH
Primary Examiner
Art Unit 3752
/STEVEN M CERNOCH/ Primary Examiner, Art Unit 3752
Prosecution Insights