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 .
Election/Restrictions
Applicant’s election without traverse of Group I (dispensing device claims 1-12) and Species A (Figs. 1-3) in the reply filed on September 15, 2026 is acknowledged.
Claims 11 (rubber balloon Fig. 4) and 12 (piston Fig. 7) are withdrawn since they are geared towards non-elected species.
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.
In claim 3, the phrase "in particular" renders the claim indefinite because it is unclear what the limitations, if any, such places on the claimed invention.
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) 1-2 and 5-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Khaled et al. (US 2012/0310203; “Khaled”).
Claim 1, Khaled discloses a device (Fig. 12) for dispensing a liquid starting component of a bone cement paste from a glass ampoule (Fig. 12), comprising a housing (where 102 points), a holder (the middle figure shows a part of the housing holding onto the ampoule) arranged in the housing for receiving a glass ampoule (Fig. 12), an outlet (where 1029 points) for dispensing the liquid starting component from the housing (Fig. 12), wherein the housing has a deformable region (1022) which is designed and arranged to be displaceable by pressure against the glass ampoule received in the holder and to open the glass ampoule in a fluid-conducting manner (Fig. 12; paragraph [0096]).
Claim 2, Khaled discloses the device according to claim 1, wherein the deformable region of the housing has, on the side facing the holder, a substantially dimensionally stable pressure piece (Fig. 12; 114) which can be displaced by pressure against the glass ampoule received in the holder (Fig. 12; paragraph [0096]).
Claim 5, Khaled discloses the device according to claim 1, wherein the deformable region is arranged between the holder and the outlet (Fig. 12).
Claim 6, Khaled discloses the device according to claim 1, wherein the holder is designed to store a glass ampoule in the housing in such a way that an ampoule head of the glass ampoule adjoins the deformable region of the housing (Fig. 12).
Claim 7, Khaled discloses the device according to claim 1, wherein between the holder and the outlet, a filter (1029) element is arranged that is designed to retain, in the device, fragments of a glass ampoule opened in a fluid-conducting manner in the device (Fig. 12; paragraph [0096]).
Claim 8, Khaled discloses the device according to claim 7, wherein the filter element is arranged between the deformable region and the outlet (Fig. 12).
Claim 9, Khaled discloses the device according to claim 1, wherein a collection region (area at the tip of the ampoule) is arranged between the holder and the outlet in order to receive a liquid starting component from a glass ampoule opened in a fluid-conducting manner in the device (Fig. 12; paragraph [0096]).
Claim 10, Khaled discloses the device according to claim 9, comprising a conveying means (Fig. 12; paragraph [0096]; all the mechanisms allowing the liquid to flow from the ampoule out of the dispensing tip) for conveying a liquid starting component from the collection region through the outlet out of the device (Fig. 12; paragraph [0096]).
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) 3-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Khaled et al. (US 2012/0310203; “Khaled”), in view of Carson et al. (US 11865472; “Carson”)
Claim 3, Khaled discloses the device according to claim 1.
However, it is not clear if the wall thickness of the deformable region is thinner than the housing.
Carson teaches a device wherein the deformable region (bubble pop portions) has a partial region, in particular a circumferential partial region, having a thinner wall thickness than the rest of the housing (Fig. 2).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the device of Khaled to make the button a thinner more moveable and elastic portion compared to the housing of the rest of the device, as taught by Carson, since this is a well-known design to create a pressable button type feature (Figs. 1-9).
Claim 4, Khaled discloses the device according to claim 1.
However, Khaled does not mention the deformable region being elastic.
Carson teaches wherein the deformable region is formed from an elastic material at least in portions (Figs. 1-9)
It would have been obvious to one having ordinary skill in the art at the time the invention was made to make the deformable region of Khaled in a manner taught by Carson, since this mechanism is a well-known way to make a push button type mechanism.
Claim(s) 3-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Khaled et al. (US 2012/0310203; “Khaled”), in view of Wright et al. (US D924863).
Claims 3 and 4, Khaled discloses the device according to claim 1.
However, the button isn’t quite like the claims require.
Wright teaches a well-known button mechanism (Figs. 1-8) that includes elastic material with thinner walls around the button than the rest of the frame.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the button of Khaled to be like the cell phone case buttons, since these are well-known mechanisms that allow the user to apply pressure to the case/housing in order to engage an inner structure (Figs. 1-8).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Zade Coley whose telephone number is (571)270-1931. The examiner can normally be reached M-F (9-5) PT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kevin Truong can be reached at (571)272-4705. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Zade Coley/Primary Examiner, Art Unit 3775
