DETAILED ACTION
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 5-10 are 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.
Regarding claims 5, and 8-10, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 7, the phrase "especially" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claims 6 depends from claim 5 above and therefore inherit the deficiencies thereof.
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) 1-13 are rejected under 35 U.S.C. 103 as being unpatentable over Smaldone et al. (US 20180118417 A1) in view of Balison et al. (US 1447117 A).
Claim 1, Smaldone discloses a body (102, 104),
a drive assembly (115) and
a fluid passageway arrangement (FIG 7),
wherein the drive assembly is configured to restrict or allow the fluid flow from a container into the flow control device ([0024]);
wherein the body is configured in a substantially cylindrical shape (FIG 3) and houses the fluid passageway arrangement (FIG 7);
wherein the fluid passageway arrangement communicates the inner side of the flow control device with the outside environment (FIG 7);
characterized in that the fluid passageway arrangement comprises, contiguously, a pressure equalization chamber (130; [0027]) and an output duct (105),
wherein the pressure equalization chamber (130) is configured to accumulate fluid, in order to allow pressure homogenization thereof ([0027]).
But is silent on the output duct presents a substantially circular cross section.
Balison teaches the output duct presents a substantially circular cross section (FIG 1-3, 5).
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 Smaldone with circular cross section as taught by Balison in order to provide a simple of substitution of one known element for another.
Claim 2, the modified apparatus of Smaldone teaches near its terminal end, the output duct has a conical section, whose cross section decreases towards the output end of the output duct (Balison: Page 1, line 96-99; FIG 1-3, 5).
Claims 3 and 11, Smaldone discloses the fluid passageway arrangement further comprises a vent tube (170; FIG 5; [0040]).
Claims 4 and 12-13, Smaldone discloses the body has a threaded section, whose thread corresponds to the inner thread of the container opening, enabling the flow control device to be threaded onto the container opening (110; FIG 3).
Claims 5, 8-10, Smaldone discloses the drive assembly (125) comprises: a valve assembly, which internally crosses the flow control device, and is configured to restrict the fluid flow from the container into the device; a drive mechanism (115), which is configured, upon actuation, to move the valve assembly to allow the fluid to flow into the device; and an elastic element ([0036]), preferably a spring, which is arranged concentrically around a portion of the valve assembly, wherein the elastic element is configured to assist the valve assembly return to its original position.
Claim 6, Smaldone discloses the valve assembly comprises a valve element (125) and at least one gasket (120) for sealing purposes.
Claim 7, Smaldone discloses the drive mechanism comprises at least one pin (145) and one drive element (115), especially a button or lever.
Conclusion
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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JEREMY W. CARROLL
Primary Examiner
Art Unit 3754
/Jeremy Carroll/Primary Examiner, Art Unit 3754