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 3-4 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.
Claims 3-4 recite unitless ranges for both a bore ratio and travel ratio. The terms have no definition provided to determine how these values are calculated and as there is no standard for the these it is unknown as to how the value would be reached.
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) 1 is rejected under 35 U.S.C. 102(a)(2) as being anticipated by Pfeiffer (FR 2050356).
Claim 1, Pfeiffer discloses a closure element including: (i) a cap (4) having a radial flange defining an inlet bore (4b) and at least one air return vent (between 4a and 4b; p. 3, line 10-11), a lower skirt extending below the radial flange (lower outermost part of 4), and an upper skirt (4a),
(ii) a valve sealing the inlet bore (10), and
(iii) a sleeve (5) received within the upper skirt, the sleeve having at least one vent aperture (5c) and wherein return air pathways (between 4a and 4b) are provided between the sleeve and the upper skirt and communicate with the air return vent (p. 4, line 29-33); an actuator (1) including an outlet nozzle (2) and a piston stem (3) and wherein the piston stem has hollow tube communicating with the outlet nozzle through an outlet bore (3) and an annular wiper (3a) configured to seal to and slide along an inner facing of the sleeve (p. 2, line 16-19); and a biasing member (8) positioned between the piston stem and radial flange and urging the actuator away from the closure element.
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) 2-5, 9 are rejected under 35 U.S.C. 103 as being unpatentable over Pfeiffer as applied to claim 1 above.
Claim 2, A person of ordinary skill in the art would have considered an obvious choice to substitute the ball valve (10) with a tether valve to seal the outlet bore. The substitution of equivalents requires no express suggestion. See MPEP 2144.06.II.
Claims 3-4, Pfeiffer discloses the claimed invention except for bore ratio greater than 3 and less than 100 and travel ration greater than .6 and less than 10. It would have been obvious to one having ordinary skill in the art at the time the invention was made to change bore ratio and travel ratio to a user preferred value, absent a showing of criticality, in order to dispense the desired amount, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. MPEP 2144.04
Claims 5, Pfeiffer discloses the claimed invention except for travel distance less than 50 mm. It would have been obvious to one having ordinary skill in the art at the time the invention was made to change the travel distance, absent a showing of criticality, in order to dispense the desired amount, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. MPEP 2144.04
Claim 9, Pfeiffer discloses the claimed invention except for wherein the biasing member is made from an identical polymeric material as used in the closure element and the actuator. It would have been obvious to one having ordinary skill in the art at the time the invention was made to make them of the same polymer, in order to provide for easier manufacturing, assembly and recycling, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious engineering choice. The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination (MPEP 2144.07).
Claim(s) 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Pfeiffer as applied to claim 1 above, and further in view of Balogh (US 4071172).
Claim 6, Pfeiffer substantially discloses the apparatus as claimed above but is silent on wherein the piston stem includes a flexible spherical wiper.
Balogh teaches wherein the piston stem includes a flexible spherical wiper (36; FIG 1).
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 Pfeiffer with wiper as taught by Balogh is a simple substitution of one known element for another yielding predictable results.
Claim 7, the modified apparatus of Pfeiffer teaches wherein the flexible spherical wiper (36) is attached to a lower most end of the piston stem by a flexible U-shaped radial flange.
Claim 8, the modified apparatus of Pfeiffer teaches wherein the flexible spherical wiper (36) is attached to a mid- section portion of the piston stem by a flexible, curved radial flange.
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
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