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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 32 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 32 depends from claim 24 and only recites limitations previously presented in claim 24. Therefore, claim 32 fails to further limit the subject matter of claim 24. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
Claim(s) 24-29, 32-33, 37, 40-41, and 43 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dando (WO2013008016A1).
Regarding claims 24 and 32, Dando discloses a protective cap (14) configured for a dispensing head (16) of a dispenser (16, 18, 24) configured for dispensing a fluid, comprising: the protective cap, wherein the protective cap is attachable to the dispensing head and/or dispenser such that the protective cap at least substantially completely surrounds the dispensing head (Fig. 3), a side wall (above 36) and an open end (36), wherein the side wall defines a cavity for receiving the dispensing head (Fig. 3), at the open end, an end portion (36) which or whose inner surface is offset outwardly with respect to the side wall, and/or the protective cap has a latching device (34) for latchingly attaching the protective cap to the dispensing head and/or dispenser and, in addition to the latching device, has an anti-tilt means for preventing tilting of the protective cap (page 16, line 29 to page 17, line 8).
Regarding claim 25, said anti-tilt means comprises said end portion or is formed by said end portion (page 16, line 29 to page 17, line 8).
Regarding claim 26, the end portion has a greater distance from a central axis of the protective cap than the side wall (Fig. 3).
Regarding claim 27, the end portion and/or the side wall is/are cylindrical, sleeve-like and/or ring-like (Fig. 3).
Regarding claim 28, the protective cap has a shoulder (34) between the side wall and the end portion.
Regarding claim 29, the end portion adjoins the side wall in the direction of the open end and/or wherein the end portion and the side wall are formed in one piece (Fig. 3).
Regarding claim 33, the latching device comprises or consists of one or more latching elements (34), wherein the latching element or the latching elements are each formed by a raised portion and/or latching lug on an inner surface of the protective cap (Fig. 3).
Regarding claim 37, said end portion is configured such that it surrounds or engages a lower part of said dispensing head and/or an upper end of a container of said dispenser when said protective cap is attached to said dispensing head and/or dispenser (Fig. 3).
Regarding claim 40, Dando discloses a system comprising a dispensing head (16, 18, 24) configured for dispensing a fluid and the protective cap (14) according to claim 24 for the dispensing head.
Regarding claim 41, a lower part (32) of the dispensing head forms an axial stop for the protective cap.
Regarding claim 43, Dando discloses a dispenser (10) with a container (20) configured for holding a fluid comprising the system according to claim 40.
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) 30-31, 34, 36, 38-39, and 42 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dando.
Regarding claim 30, Dando discloses the claimed invention except for the length of the end portion is at least 3 mm and/or at most 20 mm. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to configure the length of the end portion to be at least 3 mm and/or at most 20 mm, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 31, Dando discloses the claimed invention except for the length of the protective cap is at least 2 times and/or at most 10 times the length of the end portion. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to configure the length of the protective cap to be at least 2 times and/or at most 10 times the length of the end portion, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 34, Dando discloses the claimed invention except for the length of the end portion is at least one times the distance between the latching device and a lower edge of the side wall and/or the shoulder. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to configure the length of the end portion to be at least one times the distance between the latching device and a lower edge of the side wall and/or the shoulder, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 36, the protective cap is attached to the dispensing head and/or dispenser (Fig. 3).
Dando discloses the claimed invention except for the overlap between the end portion and a lower part of the dispensing head and/or an upper end of the container is at least 3 mm and/or at most 20 mm. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to configure the overlap between the end portion and a lower part of the dispensing head and/or an upper end of the container to be at least 3 mm and/or at most 20 mm, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 38, the end portion corresponds to the lower part of the dispensing head and/or upper end of the container, such that when the protective cap is attached to the dispensing head and/or dispenser, the end portion abuts on the lower part of the dispensing head and/or upper end of the container (Fig. 3).
Dando discloses the claimed invention except for and/or the distance between the end portion and the lower part of the dispensing head and/or upper end of the container is less than 2 mm. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to configure the distance between the end portion and the lower part of the dispensing head and/or upper end of the container to be less than 2 mm, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 39, the protective cap has a latching device (34) for latchingly attaching the protective cap to the dispensing head and/or dispenser and an anti-tilt means for preventing tilting of the protective cap, wherein the anti-tilt means comprises or is formed by the outwardly offset end portion (page 16, line 29 to page 17, line 8), wherein the end portion adjoins the side wall in the direction of the open end (Fig. 3).
Dando discloses the claimed invention except for wherein the length of the end portion is at least 3 mm, the length of the protective cap is at least 3 times the length of the end portion, and the length of the end portion is at least one times the distance between the latching device and a lower edge of the side wall and/or the shoulder. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to configure the length of the end portion to be at least 3 mm, the length of the protective cap to be at least 3 times the length of the end portion, and the length of the end portion to be at least one times the distance between the latching device and a lower edge of the side wall and/or the shoulder, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 42, Dando discloses the claimed invention except for the length of the end portion is at least 50% of the length of a lower part of the dispensing head. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to configure the length of the end portion to be at least 50% of the length of a lower part of the dispensing head, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Allowable Subject Matter
Claim 35 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DONNELL ALAN LONG whose telephone number is (571)270-5610. The examiner can normally be reached Mon - Fri 8AM-5PM.
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/DONNELL A LONG/Primary Examiner, Art Unit 3754