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) 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) and Collins (US 5037015).
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, wherein the output duct presents a curve to direct the flow to the outer opening of the flow control device.
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.
Collins teaches wherein the output duct presents a curve to direct the flow to the outer opening of the flow control device (40; FIG 3a).
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 curve as taught by Collins in order to provide a spout that has the resiliency to be used in commercial or institutional settings.
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, wherein the elastic element is a spring ([0036]), 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, wherein the drive element is a button (115) or lever.
Response to Arguments
Applicant’s arguments with respect to the newly amended claim(s) above have been considered and are addressed in the new grounds of rejection above.
ConclusionApplicant'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
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