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 .
Status of the Application
Claims 1-20 have been examined in this application. This communication is a second non-final rejection on the merits. The Information Disclosure Statement (IDS) filed on 03/18/26 has been acknowledged and considered by the Office.
Claim Interpretation
For the purpose of applying prior art the following broadest reasonable interpretations are applied. The disclosure does not set forth uncommon, special, or otherwise explicit definitions for terms for which the following aforementioned broadest reasonable interpretations are provided. These broadest reasonable interpretations do not appear inconsistent with Applicant’s disclosure.
Broadest Reasonable Interpretations
In regards to claim 13,
the phrase the mixing chamber is not mechanically coupled to the bottle is interpreted as: there’s no direct mechanical connection, or the connection is fluidic.
In regards to claim 15,
the phrase the fluid dispensing device is configured to mix the first fluid and the second fluid entirely in the mixing chamber to form a dispensing fluid is interpreted as: fluid exiting the mixing chamber is the dispensing fluid.
Drawings
The drawings are objected to:
under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
“the dispensing head is directly fluidically coupled to each of the first compartment of the bottle and the second compartment of the bottle” (claim 9)
“the mixing chamber is positioned in a location selected from the group consisting of inside the first compartment of the bottle inside the second compartment of the bottle, inside the bottle but not inside the first compartment of the bottle or the second compartment of the bottle, outside of the bottle, on the bottle, between the bottle and the dispensing head, in the dispensing head, on the dispensing head, and combinations therefore” (claim 12)
“the mixing chamber is not mechanically coupled to the bottle” (claim 13)
“the mixing chamber comprises a mixing component that is selected from the group consisting of a void volume, a static mixing element, a dynamic mixing element, and combinations thereof” (claim 14)
“the mixing chamber is mechanically coupled to the dispensing head and/or the bottle with a fitting selected from the group consisting of snap-fittings, screw fittings, and combinations thereof” (claim 16)
under 37 CFR 1.84(b) because they include photographs. The Office will accept photographs only if they are the only practicable medium for illustrating the claimed invention.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claims 15 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
As per claim 15, the limitation “a dispensing fluid” has unclear antecedent basis. It is unclear of “a dispensing fluid” is different from, or the same as, the previously claimed “the dispensing fluid” of claim 11—from which claim 15 depends.
As per claim 17, the second recitation of the limitation “a dispensing fluid” has unclear antecedent basis. It is unclear if “a dispensing fluid” is different from, or the same as, the previously claimed “the dispensing fluid”.
Claims 18-20 depend from claim 17 and thus inherit the deficiencies thereof.
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, 10-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2014/0061233 to Lang et al.
As per claim 1, Lang discloses a fluid dispensing device comprising:
a bottle (61, 16. 63, 37; Fig. 4) comprising a first compartment (61) comprising a first fluid (compartment 61 that holds a concentrated liquid chemical comprises a first compartment comprising a first fluid; FIGS. 1, 2, 4-7; paragraphs [0096] [0114]); and a second compartment (16) comprising a second fluid (compartment 16 containing water or other diluent comprises a second compartment comprising a second fluid; FIGS. 1, 2,7; paragraphs [0091], [0114]);
a single actuator (trigger 156 comprises a single actuator; FIG. 1; [0103]);
a pump (pump 134 comprises a pump; FIG. 2; [0102]); and
a dispensing head (40, 166, 110, 12; FIG. 1; [0090]) comprising an inlet portion (pump supply conduit 157 comprises an inlet portion; FIG. 2; (0103]) and an outlet portion (discharge conduit 152 comprises an outlet portion; FIG. 2; [0109]);
wherein:
the dispensing head is fluidically coupled to the first compartment of the bottle (pressing trigger 156 creates suction that draws chemical up the chemical dip tube 75 from the compartment 61; FIGS. 1, 2, 4-7; [0096], [0108], [0156]) by a first dip tube (75);
the dispensing head is fluidically coupled to the second compartment of the bottle (pressing trigger 156 creates suction that draws diluent up the diluent dip tube 29 from the compartment 16; FIGS. 1, 2, 7; [0096], (0108], [0156]) by a second dip tube (29);
the fluid dispensing device is configured to mix an amount of the first fluid and an amount of the second fluid to form a dispensing fluid, wherein the amount of the first fluid is less than the amount of the second fluid (the chemical concentrate and the diluent are mixed to ratios such as 1 :5, 1 : 15, 1 :32, 1 :64, all of such mix ratios using an amount of the chemical concentrate comprising the first fluid that is less than the amount of the diluent comprising the second fluid; paragaph [0099]); and
the fluid dispensing device is configured to dispense the dispensing fluid with the pump upon actuation of the single actuator (actuating the trigger 156 comprising the single actuator causes the pump to dispense the mixture of diluent and chemical comprising the dispensing fluid from the fluid dispensing device, meaning that the fluid dispensing device is configured to dispense the dispensing fluid with the pump upon actuation of the single actuator; FIGS. 1, 2; [0108]);
wherein the first dip tube and the second dip tube have different internal diameters (Fig. 2).
As per claim 2, Lang further discloses wherein the fluid dispensing device is further configured to mix the first fluid and the second fluid to form the dispensing fluid upon actuation of the single actuator (actuation of trigger 156 that comprises the single actuator draws the chemical concentrate comprising the first fluid and the diluent comprising the second fluid into a mixing chamber 43 for mixing; FIGS. 1, 2; [0108]).
As per claim 3, Lang further discloses wherein the single actuator is positioned in a location outside of the bottle (trigger 156 is positioned in a location that is outside of the bottle formed by concentrate container 61 and diluent reservoir 16; FIG. 1).
As per claim 4, Lang further discloses wherein the pump is configured to simultaneously pump the first fluid and the second fluid (pump simultaneously draws (i.e., pumps) the chemical concentrate comprising the first fluid and the diluent comprising the second fluid; [0108]).
As per claim 5, Lang further discloses wherein the pump is configured to pump an amount of the first fluid and an amount of the second fluid upon actuation of the single actuator (pump simultaneously draws (i.e. pumps) an amount of the chemical concentrate comprising the first fluid and an amount of the diluent comprising the second fluid upon actuation of the trigger 156 comprising the single actuator; [0108]).
As per claim 6, Lang further discloses wherein the first compartment of the bottle comprises a concentrated formulation (concentrated chemical for dilution, which comprises a concentrated formulation; [0096], [0114]) and the second compartment of the bottle comprises a diluent (a diluent; [0091], [0114]).
As per claim 7, Lang further discloses wherein the bottle is configured to contain a cleaning formulation (compartment 61 is constructed from a material suitable to contain a formulation such as general purpose cleaners, kitchen cleaner, glass cleaners, anti-bacterial cleaners, fabric cleaners, tire cleaners, dashboard cleaners, automotive cleaners, or other automotive industrial cleaners [0096] and [0114]).
As per claim 8, Lang further discloses wherein the dispensing fluid is a cleaner (the compartment 61 contains concentrated general purpose cleaners. Kitchen cleaner, glass cleaners, anti-bacterial cleaners. fabric cleaners, tire cleaners, dashboard cleaners, automotive cleaners, or other automotive industrial cleaners that are mixed with a diluent to produce a fluid product (i.e., the dispensing fluid) that is a formulation of cleaner; [0096]).
As per claim 10, Lang further discloses wherein the dispensing head is indirectly fluidically coupled to at least one of the first compartment of the bottle and the second compartment of the bottle (dispensing head is fluidically coupled to compartment 61 and to compartment 16 by respective structures 64 and 25 that convey fluid from the first and second compartments to the dispensing head; FIGS. 1, 2; [0090], [0114]).
As per claims 11 and 15, Lang further discloses a mixing chamber (43) that is configured to mix the first fluid and the second fluid to form the dispensing fluid wherein fluid exiting the mixing chamber is the dispensing fluid (Figs. 2, 4; [0093]).
As per claim 12, Lang further discloses wherein the mixing chamber is positioned in outside of the bottle (FIG. 2).
As per claim 13, Lang further discloses the mixing chamber is not mechanically coupled to the bottle (Fig. 2).
As per claim 14, Lang further discloses the mixing chamber comprises a static mixing element (wall of the mixing chamber).
As per claim 16, Lang further discloses the mixing chamber is mechanically coupled to the bottle with a snap fitting (85).
As per claim 17, and as the examiner can understand the claim, Lang discloses a method of using a fluid dispensing device comprising:
a bottle (61, 16. 63, 37; Fig. 4) comprising a first compartment (61) comprising a first fluid (paragraph [0096], [0114]); and a second compartment (16) comprising a second fluid (water or other diluent; FIGS. 1, 2, 7; [0091], [0114]);
a single actuator (156);
a pump (134); and
a dispensing head (fluid application system 10 includes a dispensing head defined by sprayer housing 12; FIG. 1; [0090]) comprising an inlet portion (pump supply conduit 157 comprises an inlet portion; FIG. 2; [0103]) and an outlet portion (discharge conduit 152 comprises an outlet portion; FIG. 2; [0109]);
wherein:
the dispensing head is fluidically coupled to the first compartment of the bottle (pressing trigger 156 creates suction that draws chemical up the chemical dip tube 75 from the concentrate container 61 that comprises the first compartment; FIGS. 1, 2, 4-7; [0096], [0108], [0156]); the dispensing head is fluidically coupled to the second compartment of the bottle (pressing trigger 156 creates suction that draws diluent up the diluent dip tube 29 from the diluent reservoir 16 that comprises the second compartment; FIGS. 1, 2, 7; [0096], [0108], [0156]);
the fluid dispensing device is configured to mix an amount of the first fluid and an amount of the second fluid to form a dispensing fluid, wherein the amount of the first fluid is less than the amount of the second fluid (the chemical concentrate and the diluent are mixed to ratios such as 1:5, 1:15, 1:32, 1:64, all of such mix ratios using an amount of the chemical concentrate comprising the first fluid that is less than the amount of the diluent comprising the second fluid; [0099]); and
the fluid dispensing device is configured to dispense the dispensing fluid with the pump upon actuation of the single actuator (actuating the trigger 156 comprising the single actuator causes the pump to dispense the mixture of diluent and chemical comprising the dispensing fluid from the fluid dispensing device, meaning that the fluid dispensing device is configured to dispense the dispensing fluid with the pump upon actuation of the single actuator; FIGS. 1, 2; [0108]),
the method comprising actuating the single actuator to dispense dispensing fluid from the fluid dispensing device (actuating the trigger 156 comprising the single actuator dispenses the mixture of diluent and chemical comprising the dispensing fluid from the fluid dispensing device; [0108]).
As per claim 18, Lang further discloses actuating the single actuator to mix the first fluid and the second fluid to form the dispensing fluid (actuation of trigger 156 that comprises
the single actuator draws the chemical concentrate comprising the first fluid and the diluent comprising the second fluid into a mixing chamber 43 for mixing; FIGS. 1, 2; [0108]).
As per claim 19, Lang further discloses simultaneously pumping the first fluid and the second fluid with the pump (pump simultaneously draws (i.e., pumps) the chemical concentrate comprising the first fluid and the diluent comprising the second fluid; [0108]).
As per claim 20, Lang further discloses pumping an amount of the first fluid and an amount of the second fluid with the pump upon actuation of the single actuator (pump simultaneously draws (i.e., pumps) an amount of the chemical concentrate comprising the first fluid and an amount of the diluent comprising the second fluid upon actuation of the trigger 156 comprising the single actuator; [0108]).
Claims 1 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 5009342 to Lawrence et al.
As per claim 1, Lawrence discloses a fluid dispensing device (Fig. 1) comprising:
a bottle (10) comprising a first compartment (12) comprising a first fluid; and a second compartment (13) comprising a second fluid;
a single actuator (trigger on spray pump assembly 16);
a pump (spray pump assembly 16); and
a dispensing head (30, 63, 64) comprising an inlet portion (63, 64) and an outlet portion (34);
wherein:
the dispensing head is fluidically coupled to the first compartment of the bottle (fig. 1) by a first dip tube (63);
the dispensing head is fluidically coupled to the second compartment of the bottle (Fig. 1) by a second dip tube (64);
the fluid dispensing device is configured to mix an amount of the first fluid and an amount of the second fluid to form a dispensing fluid, wherein the amount of the first fluid is less than the amount of the second fluid (Col. 5, ln. 63-65; Col. 7, ln. 21-24) and
the fluid dispensing device is configured to dispense the dispensing fluid with the pump upon actuation of the single actuator (Col. 5, Ln. 48-52; Col. 6, ¶ 1-3);
wherein the first dip tube and the second dip tube have different internal diameters (see Figure A, below).
PNG
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Figure A: US 5009342, Figure 1 - annotated
As per claim 9, Lawrence further discloses the dispensing head is directly fluidically coupled to each of the first compartment of the bottle and the second compartment of the bottle (Fig. 1).
Response to Arguments
In regards to the objection to the drawings for containing photographs issued in the non-final rejection dated 12/04/25, Applicant’s arguments filed 02/23/26 have been fully considered but are not found persuasive. Applicant requests withdrawal of the objection by arguing that photographs are permissible types of drawings per 37 CFR § 1.84 and the formal drawings if Figs. 8A-15 support the photographs and data of the objected-to figures. 37 CFR § 1.84 requires that the office will accept photographs only if they are the only practicable medium for illustrating the claimed invention and if the subject matter of application admits of illustration by a drawing, the examiner may require a drawing in place of the photograph. In this case, the subject matter of the application admits of illustration by a drawing, i.e. Figs. 8A-15, and therefore the examiner requires a drawing in place of each photograph. The objection is maintained.
In regards to the objection to the drawings under 37 CFR 1.83(a) issued in the non-final rejection dated 12/04/25, Applicant’s arguments filed 02/23/26 have been fully considered but are not found persuasive. In regards to the drawing objection related to claim 9, Applicant requests withdrawal of the objection because Fig. 8 depicts a dispensing head directly fluidically coupled to two bottle compartments. Applicant provided no arguments in regards to the drawing objections related to each of claims 12, 14, and 16. In response to Applicant’s argument, Applicant’s own specification indicates a dispensing head is not shown in the dispensing device 100 of Figure 8 [0031] – [0032]. The objections are maintained.
In regards to the claim rejections under 35 USC § 112 issued in the non-final rejection dated 12/04/25, the amendment filed 01/21/26 appropriately addresses all and they are withdrawn.
In regards to the claim rejections under prior art issued in the non-final rejection dated 12/04/25, Applicant’s arguments filed 02/23/26 have been fully considered and are found persuasive and this second non-final office action addresses those limitations included in the Article 34 amendment.
Conclusion
The prior art made of record in FORM PTO-892 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 Randy Gruby, whose telephone number is (571) 272-3415. The examiner can normally be reached from Monday to Friday between 8:00 AM and 5:00 PM.
If any attempt to reach the examiner by telephone is unsuccessful, the examiner’s supervisor, Paul Durand, can be reached at (571) 272-4459.
Another resource that is available to applicants is the Patent Data Portal (PDP). Information regarding the status of an application can be obtained from the (PDP) system. For more information about the PDP system, see https://opsg-portal.uspto.gov/OPSGPortal/. Should you have questions on access to the PDP system, please feel free to contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
/R.A.G/Examiner, Art Unit 3754
/PAUL R DURAND/Supervisory Patent Examiner, Art Unit 3754 June 17, 2026
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