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 preliminary amendment filed on 2/9/2024 has been entered.
Claim Objections
The following claims are objected to because of the following informalities:
There is a lack of antecedent basis for: “the geometry“ in line 3 of claim 10.
A double inclusion limitation appears for the following term that has been cited previously: In claim 7, line 5, for "transverse force".
Appropriate corrections are required.
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.
Claims 1, 8-12, 14-15, 17-19, 23-24, 30-31 and 33 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Klawitter (US 4,779,763).
Regarding claim 1, Klawitter discloses a pressure vessel with an interior adapted to contain a pressurized substance (fig.2A,B,C and col 3, ll.26-31 and col 5, ll.43-48), comprising: a membrane (10, see fig.2A,B,C)) including an interior surface exposed to the interior of the pressure vessel (col 3, ll.33-50; see fig.3A-B), the membrane adapted to hermetically seal the pressure vessel in an intact state (see fig.2A) and to release the pressurized substance in a ruptured state (see fig.2C); and an actuating rod (2) coupled to and extending from an exterior surface of the membrane on an opposite side of the membrane relative to the interior surface (see fig.2A), the actuating rod adapted to transition the membrane from the intact state to the ruptured state in response to receiving a transverse force (see lateral movement of 2 in fig.2A,B,C).
Regarding claim 8, Klawitter discloses a force concentration feature coupled to the actuating rod and the membrane (the tip of 12 in fig.2A,B,C).
Regarding claim 9, Klawitter discloses the actuating rod is coupled to the membrane by a hinge defining an axis of rotation of the actuating rod, the axis of rotation being substantially parallel to the exterior surface of the membrane (see rotation of 2 in fig.2B is via a hinge).
Regarding claim 10, Klawitter discloses the actuating rod comprises a piercing member that engages the membrane in the intact state, the piercing member having a geometry which follows the geometry of the membrane (via piercing point of 12).
Regarding claim 11, Klawitter discloses a section of the pressure vessel including the actuating rod and the membrane is disposed within a pressure chamber of a beneficial agent dispensing device (see 10 in fig.2C).
Regarding claim 12, Klawitter discloses the transition is responsive to the received transverse force satisfying a rupture condition, the rupture condition based on a predetermined force threshold based on pressure applied by the pressurized substance to the membrane and based on a configuration of the membrane (this feature is an obvious inherency of the rupturing process of 10 via 2; the rupturing would not take place if there were no predetermined balanced pressure properties between the substance and the membrane).
Regarding claim 14, Klawitter discloses the actuating rod further extends through the membrane and from the interior surface into the pressure vessel (see fig.2C).
Regarding claim 15, Klawitter discloses a portion of the actuating rod that extends from the exterior surface is elongated and wherein a portion of the actuating rod that extends from the interior surface comprises a piercing member (see fig.2C).
Regarding claim 17, Klawitter discloses a sharp portion of the piercing member is substantially concentrically arranged around the actuating rod (se shape of 12 on 2).
Regarding claim 18, Klawitter discloses the piercing member extends laterally from the actuating rod (see 12 in fig.2A,B,C).
Regarding claim 19, Klawitter discloses the membrane further comprising: a weakened portion configured to rupture responsive to the received transverse force (col 3, ll.19-25).
Regarding claim 23, Klawitter discloses a method of rupturing a membrane that hermetically seals a pressure vessel in an intact state (see fig.2A,B,C; and col 3, ll.26-31 and col 5, ll.43-48), the method comprising: receiving, at a distal portion of an actuating rod coupled to the membrane (see 12 of 2 on 10), a transverse force that is at least partially perpendicular to a longitudinal length of the actuating rod (see rotation of 2 in fig.2A,B,C); rotating, responsive to the received transverse force, a proximal portion of the actuating rod relative to the pressure vessel, causing the membrane to torque; and transitioning the membrane, responsive to the rotating, from the intact state to a ruptured state in which the membrane is ruptured outwardly from the pressure vessel, and pressurized contents are released from the pressure vessel (see fig.2C, also see col 3, ll.26-31 and col 5, ll.43-48; the gas pressure within container 7 will inherently push membrane 10 outward).
Regarding claim 24, Klawitter discloses the transverse force is an eccentric force that causes the rotating, the rotating including rotating the actuating rod substantially around the coupling between the actuating rod and the membrane (see fig.2B).
Regarding claim 30, Klawitter discloses the pressure vessel further includes a hinge that couples the actuating rod to the membrane, the hinge defining an axis of rotation of the actuating rod, the axis of rotation being substantially parallel to an exterior surface of the membrane, the rotating further comprising: rotating the actuating rod about the axis of rotation (see rotation of 2 in fig.2B is via a hinge).
Regarding claim 31, Klawitter discloses the actuating rod includes a piercing member that engages the membrane in the intact state, the transitioning comprising: piercing, by the piercing member, the membrane (via 12 on 10 see fig.2A,B).
Regarding claim 33, Klawitter discloses the transitioning is responsive to the received transverse force satisfying a rupture condition, the rupture condition based on a predetermined force threshold based on pressure applied by the pressurized contents to the membrane and based on a configuration of the membrane (this feature is an obvious inherency of the rupturing process of 10 via 2; the rupturing would not take place if there were no predetermined balanced pressure properties between the contents and the membrane).
The device shown by Klawitter will perform the method recited in claim 23-24 and 30-31 and 33 during normal use and operation of the dispensing device.
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 6-7 and 27-28 are rejected under 35 U.S.C. 103 as being unpatentable over Klawitter (US 4,779,763) in view of Montgomery (US 2007/0090129).
Regarding claims 6-7, Klawitter is silent in disclosing an actuation lever adapted to apply the transverse force to the actuating rod; and an actuation lever coupled to the actuating rod; and a biasing element, the biasing element adapted to apply a force to the actuation lever, causing the actuation lever to apply transverse force to the actuating rod. However, Montgomery teaches the commonality of having an actuation lever (33) coupled to an actuating rod (35) and adapted to apply the transverse force to the actuating rod (see fig.3); and a biasing element (80) adapted to apply a force to the actuation lever, causing the actuation lever to apply transverse force to the actuating rod (see fig.1-3; and [0012], [0026]). It would have been obvious to one having ordinary skill in the art before the effective filling date of the application to add a biasing lever as taught by Montgomery to the actuating rod of the pressure vessel of Klawitter, in order to operate the device conveniently.
Regarding claims 27-28, Klawitter further teaches the method of applying the transverse force to the actuating rod (see lateral movement of element 2 in fig.2A,B,C; and col. 5, ll. 65-68 and col. 6, ll. 1-2). Klawitter is silent in disclosing the pressure vessel further includes an actuation lever coupled to the actuating rod; the pressure vessel further includes an actuation lever coupled to the actuating rod and a biasing element coupled to the pressure vessel and the actuation lever, the method further comprising: applying, by the biasing element, a force to the actuation lever causing the actuation lever to apply the transverse force to the actuating rod. However, Montgomery teaches the commonality of having a vessel (23) to include an actuation lever (33) being coupled to an actuating rod (35); and the vessel (23) further includes an actuation lever (33) coupled to the actuating rod (35) and a biasing element (80) coupled to the vessel (via 70) and the actuation lever (33), and applying, by the biasing element, a force to the actuation lever causing the actuation lever to apply the transverse force to the actuating rod (see fig.1-3, and [0012], [0026]). It would have been obvious to one having ordinary skill in the art before the effective filling date of the application to add a biasing lever as taught by Montgomery to the actuating rod of the pressure vessel of Klawitter, in order to operate the device conveniently. The device shown by Klawitter and Montgomery will perform the method recited in claims 27-28 during normal use and operation of the dispensing device.
State of the Prior Arts
Regarding claims 1 and 23, the prior arts to Klawitter (US 4,779,763), Turner (US 2008/0110888), Yost (US 5,145,085), Ogram (US 6,598,337), Mitchell (US 2009/0120815), Kida (JP H09138495 A) and Nomula (US 2005/0017005) as cited in PTO-892 are also citing significant pertinent structures or features to the applicant’s claimed invention with regard to a pressure vessel with a pressurized substance, having a membrane including an interior surface exposed to the interior of the pressure vessel, the membrane adapted to hermetically seal the pressure vessel in an intact state and to release the pressurized substance in a ruptured state; and an actuating rod coupled to and extending from an exterior surface of the membrane on an opposite side of the membrane relative to the interior surface, the actuating rod adapted to transition the membrane from the intact state to the ruptured state in response to receiving a transverse force. It appears that claims 1 and 23 do not provide any inventive concept over the cited prior arts.
Conclusion
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/BOB ZADEH/Primary Examiner, Art Unit 3754