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 with traverse of Group I in the reply filed on 07/08/2026 is acknowledged. The traversal is on the ground(s) that a search for the elected invention would necessarily involve a search for the non-elected invention. This is not found persuasive because Applicant did not address the original grounds for restriction, which is that inventions I, II, and III do not relate to a single general inventive concept under PCT Rule 13.1 because, under PCT Rule 13.2, they lack the same or corresponding special technical features for the reasons set forth in the Requirement for Restriction filed 05/11/2026.
The requirement is still deemed proper and is therefore made FINAL.
Claim Rejections - 35 USC § 102
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 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.
(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.
Claims 1-11, 14-16, 19 and 24 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Han de Man (US 20140048562 A1).
Regarding Claim 1, Han de Man discloses a drop dispenser for discharging a liquid in drops (Fig 1 [abstract] fluid delivery device 100), comprising: a liquid reservoir for storing the liquid prior to a discharge process (Figs 5-6, reservoir 195/200); a discharge opening (Figs 1-3, holes 126); a drop-forming geometry (Figs 1-3, ¶[0025] drops necessarily form at holes 126 when sufficient amounts of liquid flow therethrough) disposed adjacent the discharge opening (Fig 3, the material surrounding holes 126 formed in the top portion 124); a pump device for pumping liquid out of the liquid reservoir (Figs 1-5, pump 190) and to the discharge opening such that the liquid collects on the drop-forming geometry and is released from the drop-forming geometry when a sufficient quantity of liquid is collected (Figs 1-5, ¶[0027] 190 pushes fluid out of holes 126); a flat housing (Figs 1-5, combination of shell 110, base 112, and plug 114 is considered flat as seen in perspective views in Figs 2-3), the liquid reservoir and the pump device being arranged with in the housing (Figs 5-6, ¶[0031] pump 190 and reservoir 195/200 are disposed within housing 110/112/114), wherein the housing has an outer shape, the outer shape of the housing having a maximum width oriented orthogonally to a main axis of the housing, said maximum width being at least 25% greater than a maximum thickness of the outer shape of the housing oriented orthogonally to the main axis and orthogonally to the maximum width (Figs 2-3 show the maximum width of the housing being at least 25% greater than a maximum thickness of the outer shape of the housing oriented orthogonally to the main axis); and an actuation handle, provided on a lateral surface of the housing for actuating the pump device (Fig 2-3 ¶[0031] outer surface of pump 190 may be actuated).
Regarding Claim 2, Han de Man discloses that the liquid reservoir extends overlappingly in a direction of the main axis into a region of the pump device (Figs 5-6 6 reservoir 195 or 200 both extend into the upper pump region of the housing).
Regarding Claim 3, Han de Man discloses that an internal volume of the liquid reservoir is at least 50% of a volume enclosed by an outer contour of the drop dispenser (Figs 5 and 6 both show reservoirs 195 and 200 enclosed at least 50% by an outer contour of the dispenser).
Regarding Claim 4, Han de Man discloses that the pump device (Figs 7A-D, 8-11, ¶[0034] pump 300 may be used in fluid delivery device 100) has a pump chamber component and a pump chamber defined at least in some portions by the pump chamber component (Fig 7A-D container attachment 320 comprises a pump chamber including passage 312 and the space created by cap 380 and bellow 350), the liquid reservoir is defined by a wall formed at least substantially by a reservoir wall component (Fig 6,¶[0033] container 200 comprises a wall), and the drop dispenser comprises a common component integrally forming the pump chamber component and the reservoir wall component (Fig 6 ¶[0033] pump 190 and reservoir 200 are integrally formed, necessarily implying a common component).
Regarding Claim 5, Han de Man discloses that the drop dispenser has a housing shell pushed onto the pump chamber component, and the housing shell has a through-passage for the discharge opening (Fig 3, 6 ¶[0033] Fig 6 shows shell 110 that may be pushed onto pump 190 and container 200. Fig 3 shows inlet opening 123 which acts as a through passage for fluid flow from container 200).
Regarding Claim 6, Han de Man discloses that the pump device (Figs 7A-D, 8-11, ¶[0034] pump 300 may be used in fluid delivery device 100) has a pump chamber component and a pump chamber defined at least in some portions by the pump chamber component (Fig 7A-D container attachment 320 comprises a pump chamber including passage 312 and the space created by cap 380 and bellow 350), the liquid reservoir is defined by a wall formed at least substantially by a reservoir wall component (Fig 7A-D container attachment 320 comprises a pump chamber including passage 312 and the space created by cap 380 and bellow 350), and the pump chamber component and the reservoir wall component are formed by at least two separate components (Fig 7D, container attachment 320 or attachment adapter 325 may connect pump 300 to a container that is separate).
Regarding Claim 7, Han de Man discloses that the pump chamber component is formed by a component having a rotationally symmetrical outer contour at least in some portions, such that free spaces which oppose one another on both sides remain between an inner face of the housing and the outer contour of the pump chamber component (Fig 6, pump 190, which includes any pump chamber component, has a rotationally symmetrical outer contour and would create free space on either side on the interior of shell 110 when fully inserted into shell 110).
Regarding Claim 8, Han de Man discloses that the pump chamber component and the reservoir wall component have interlocking contours in the region of a liquid connection (Fig 7D, container attachment 320 and attachment adapter 325 comprise interlocking contours in the form of interlocking attachment features 321 and 327 which may connect pump 300 to a container.).
Regarding Claim 9, Han de Man discloses that the drop dispenser has a reservoir wall component surrounding the liquid reservoir over a periphery (Fig 4 ¶[0031] base 112 may surround pouch 195), and the drop dispenser has a reservoir bottom tightly connected to the reservoir wall component (Fig 4 ¶[0031] base plug 114 is connected to base 112).
Regarding Claim 10, Han de Man discloses that the drop dispenser has a reservoir wall component (Fig 7A-D container attachment 320 comprises a pump chamber including passage 312 and the space created by cap 380 and bellow 350) and a pump chamber component (Fig 7A-D container attachment 320 comprises a pump chamber including passage 312 and the space created by cap 380 and bellow 350) configured as separate components and connected to one another over a periphery (Fig 7D, container attachment 320 or attachment adapter 325 may connect pump 300 to a container that is separate).
Regarding Claim 11, Han de Man discloses that the drop dispenser has a reservoir wall component at least partially surrounding the liquid reservoir, and the reservoir wall component comprises an at least partially transparent material (Fig 5 flexible pouch 195 comprises an exterior surface or wall surrounding the interior space therein, and is shown as implicitly transparent).
Regarding Claim 14, Han de Man discloses that the actuation handle or at least an outer part of the actuation handle has a coloration different from surrounding walls of the housing (Fig 1 shows the exposed portion of 190 has a different coloration than the housing 110).
Regarding Claim 15, Han de Man discloses that a cross section of the housing is provided at least in a partial region with a substantially elliptical cross section (Fig 3 shows the outer contour of the device 100 which would have an elliptical cross section).
Regarding Claim 16, Han de Man discloses that the liquid reservoir is filled with a pharmaceutical liquid (Fig 5 ¶[0006-0007] a deodorant liquid is pumped from a pouch (195)).
Regarding Claim 19, Han de Man discloses that the region of the pump device is a pump chamber (Figs 7A-D, 8-11, ¶[0034] pump 300 may be used in fluid delivery device 100, with the same shape and relative orientation as pump 190 shown in Fig 6. Container attachment 320 comprises a pump chamber including passage 312 and the space created by cap 380 and bellow 350.), and the liquid reservoir has an internal volume and partial portions forming respective parts of the internal volume (Fig 6, container 200 has a central part below 190 and partial portions extending to the left and right), one partial portion being disposed on a left-hand side of the pump chamber of the pump device and the other partial portion being disposed on a right-hand side of the pump chamber, relative to the maximum width of the housing (Fig 6, container 200 has a central part below 190 and partial portions extending to the left and right).
Regarding Claim 24, Han de Man discloses that the cross-section of the housing is provided at least over a partial region of at least 40% of a length of the housing with a substantially uniform elliptical cross-section, the cross-section of the housing tapering from this partial region to the discharge opening (Figs 1-3 show that housing 110 maintains a uniform elliptical cross section for over 40% of its length, and tapers from this cross-section toward the openings 126 as shown in Fig 1).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Han de Man (US 20140048562 A1).
Regarding Claim 12, Han de Man does not explicitly disclose that the housing of the drop dispenser has a maximum width of at least 2.5 cm and a maximum thickness of at most 2 cm.
However, Han de Man teaches that the housing shell 110 may be shaped in any desired shape as long as the shell 110 includes an interior cavity which may hold a container or pouch attached to a pump and used with the fluid delivery package (¶[0023]), which is a result effective variable in that changing the dimensions and shape of the housing optimizes the interior space to hold a reservoir and pump for use in dispensing a fluid.
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the housing of Han de Man so that he housing of the drop dispenser has a maximum width of at least 2.5 cm and a maximum thickness of at most 2 cm as a matter of routine optimization since it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Claims 13 and 20-23 rejected under 35 U.S.C. 103 as being unpatentable over Han de Man (US 20140048562 A1) in view of Pardes (US 20110284579 A1).
Regarding Claim 13, Han de Man does not explicitly disclose that the pump device has a piston unit movable orthogonally to the main axis.
However, Pardes teaches a fluid delivery system, thus from the same field of endeavor as the claimed invention, wherein the pump device has a piston unit movable orthogonally to the main axis (Fig 3-5, pump 300 comprises combination of actuator 302 and spring 311 which has vertically oriented protrusions that act as pistons that move orthogonally to the main axis of the device. Figs 4-5 show this orthogonal movement) in order to pump a specifically metered volume of flowable substance (¶[0038]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Han de Man so that the pump device has a piston unit movable orthogonally to the main axis, as taught by Pardes in order to pump a specifically metered volume of flowable substance (as motivated by Pardes ¶[0038]).
Regarding Claim 20, Han de Man is silent whether an outer face of the pump chamber component and an inner face of the housing shell define an intermediate space, the drop dispenser including a restoring spring arranged in the intermediate space for restoring the actuation handle.
However, Pardes teaches a fluid delivery system, thus from the same field of endeavor as the claimed invention, wherein an outer face of the pump chamber component (Fig 4, outer surface of pump chamber 301) and an inner face of the housing shell define an intermediate space (Fig 4, outer surface of 301 and inner surface of enclosing housing 600 define an interior intermediate space), the drop dispenser including a restoring spring arranged in the intermediate space for restoring the actuation handle (Fig 4 ¶[0054] actuator spring 311 is configured to hold actuator 302 in a non-dispensing position) in order to return the actuation handle to its static position after each actuation (¶[0054]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Han de Man so that an outer face of the pump chamber component and an inner face of the housing shell define an intermediate space, the drop dispenser including a restoring spring arranged in the intermediate space for restoring the actuation handle, as taught by Pardes in order to return the actuation handle to its static position after each actuation (as motivated by Pardes ¶[0054]).
Regarding Claim 21, Han de Man is silent whether the reservoir bottom is penetrated by a ventilation channel.
However, Pardes teaches a fluid delivery system, thus from the same field of endeavor as the claimed invention, wherein the reservoir bottom is penetrated by a ventilation channel (Fig 3, septum 507) to provide an aseptic path and means to fill reservoir (¶[0050]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Han de Man so that the reservoir bottom is penetrated by a ventilation channel as taught by Pardes to provide an aseptic path and means to fill reservoir (as motivated by Pardes ¶[0050]).
Regarding Claim 22, Han de Man is silent whether the reservoir wall component has on a bottom opposing the pump chamber component a filling opening closable by a closure element.
However, Pardes teaches a fluid delivery system, thus from the same field of endeavor as the claimed invention, wherein the reservoir wall component has on a bottom opposing the pump chamber component a filling opening closable by a closure element (Fig 3 ¶[0050] septum 507 in enclosing housing 600 and opposing the pump chamber 301 may self seal after being punctured, or may be covered with an affixed cap) so as to prevent contamination (¶[0050]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Han de Man so that the reservoir wall component has on a bottom opposing the pump chamber component a filling opening closable by a closure element, as taught by Pardes so as to prevent contamination (as motivated by Pardes ¶[0050]).
Regarding Claim 23, Han de Man is silent whether the piston unit includes a membrane part comprising a resiliently deformable material and fastened with a peripheral edge to a pump chamber component.
However, Pardes teaches a fluid delivery system, thus from the same field of endeavor as the claimed invention, wherein the piston unit includes a membrane part comprising a resiliently deformable material and fastened with a peripheral edge to a pump chamber component (Fig 4-5, ¶[0054] actuator spring 311 is a compliant resilient deformable material which may extend from the actuator 302 or pump chamber) in order to return the actuator to its static position following actuation (¶[0054]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Han de Man so that the piston unit includes a membrane part comprising a resiliently deformable material and fastened with a peripheral edge to a pump chamber component, as taught by Pardes in order to return the actuator to its static position following actuation (as motivated by Pardes ¶[0054]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY LEE FLYNN whose telephone number is (571)272-8255. The examiner can normally be reached Monday-Friday 7:30-5 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rebecca Eisenberg can be reached at 571-270-5879. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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TIMOTHY LEE. FLYNN
Examiner
Art Unit 3781
/REBECCA E EISENBERG/Supervisory Patent Examiner, Art Unit 3781
