DETAILED ACTION
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) 16, 18-30 are rejected under 35 U.S.C. 103 as being unpatentable over Gopfert et al. (EP 3708512 A1) in view of Hiltser et al. (WO 2020132247 A1).
Claim 16, Gopfert discloses a main body (1) for fastening to a container, a metering unit (2, 2’) for the metered dispensing of a liquid, wherein the metering unit (2, 2’) has a metering body (4, 4’) having a discharge opening (21, 21’) and a channel (22, 22’) which adjoins the discharge opening (21) and extends in the direction of the container and forms an annular channel (23, 23’) with the metering unit (2, 2’), wherein a metering cap (3) is arranged on the metering body (4), wherein the metering cap (3, 3’) closes the annular channel (23, 23’) to form an annular volume, wherein the annular volume is connected by a first opening (ring shaped opening between 3’ and 4’; FIG 9-11) to a buffer volume (volume between 3’,4’ and 41’; FIG 9-11) and by a second opening (25, 25’) to the channel (22, 22’), wherein the first opening and the second opening are arranged such that all liquid which flows from the first opening to the second opening passes through the annular volume at least along a portion of the annular volume in a direction around the channel (22, 22’).
But is silent on wherein the buffer volume is separated from the container interior by the metering cap.
Hiltser teaches wherein the buffer volume (volume 56 between 42, 26, and 30) is separated from the container interior (12) by the metering cap (42; FIG 4).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Gopfert with separate buffer volume as taught by Hiltser in order to provide a disk to control fluid and air flow.
Claim 18, the modified apparatus of Gopfert teaches wherein at least one third opening (Hiltser: 50; FIG 4 and 6) is arranged in the metering cap for connecting the buffer volume to the container interior.
Claim 19, Gopfert discloses wherein one or more partitions (26, 26’) are arranged in the annular volume for preventing a direct connection between the first opening and the second opening.
Claim 20, Gopfert discloses wherein the first opening (ring shaped opening between 3’ and 4’; FIG 9-11) is arranged at a distance from the second opening (25, 25’) in an axial direction of the channel (22, 22’).
Claim 21, Gopfert discloses wherein the second opening (25, 25’) is formed inside the channel (22, 22’).
Claim 22, Gopfert discloses wherein the first opening (ring shaped opening between 3’ and 4’; FIG 9-11) is formed inside the metering body (4, 4’).
Claim 23, Gopfert discloses wherein the metering body (4, 4’) has a wall (41, 41’) to form the annular groove (23, 23’).
Claim 24, Gopfert substantially discloses the apparatus as claimed above but is silent on wherein the metering cap has a projection for engaging in a corresponding depression on the metering unit.
Hiltser teaches wherein the metering cap has a projection (44, 42; FIG 4) for engaging in a corresponding depression on the metering unit.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Gopfert with projection as taught by Hiltser in order to provide a disk with a secure connection.
Claim 25, Gopfert discloses a closure cap (5) which is connected in an articulated manner to the main body (1) and has a closure pin (51) for closing the discharge opening (21, 21’).
Claim 26, Gopfert discloses wherein the main body and the metering body are formed in one piece ([0036]).
Claim 27, Gopfert discloses wherein the cross- section of the second opening is less than 50% of the cross-section of the channel ([0038]).
Claim 28, Gopfert discloses wherein the container closure (100) is free of movable or flexible sealing elements ([0040]).
Claim 29, Gopfert discloses a container closure (100).
Claim 30, Gopfert discloses wherein the container is flexible ([0044]).
Response to Arguments
Applicant's arguments filed 1/27/2026 have been fully considered but they are not persuasive.
Applicant’ argues “It must be acknowledged that neither Gopfert et al ‘512 nor Hiltser et al ‘247 disclose a buffer volume. Neither of them leaves room for a buffer volume.” This argument is not persuasive as shown in the new grounds of rejection above, which indicates the respect buffer volumes of both Gopfert and Hiltser.
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