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(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 11-12 and 21 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.
Claims 11 and 12 recite the limitation "the outer wall". There is insufficient antecedent basis for this limitation in the claims.
Claim 21 recites the limitation "the tube(s)". There is insufficient antecedent basis for this limitation in the claim.
Claim 21 recites the limitation "the at least one motor". There is insufficient antecedent basis for this limitation in the claim.
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) 1-6 and 28 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Beckett (20180147598).
Regarding claim 1, Beckett discloses a system for dispensing an adhesive, the system comprising: a chamber (holder 6; par. 0025) that holds at least two flexible containment vessels (sausage pack), the at least two flexible containment vessels holding at least a part 1 and a part 2 (par. 0016); at least two adhesive delivery channels (52), a first adhesive delivery channel connected to the containment vessel to receive part 1 and a second adhesive delivery channel connected to the containment vessel to receive part 2 (par. 0019); a motor (10); at least a first variable positive displacement pump (14, 16, 18) wherein the first variable positive displacement pump is actuated by the motor (par. 0016); and a mixing tip (30) designed to receive part 1 and part 2 from the at least two adhesive delivery channels, mix at least part 1 and part 2 together and dispense the adhesive through a dispensing end, wherein when in operation, the at least part 1, part 2, or mixtures thereof are only in contact with the at least two flexible containment vessels, the at least two adhesive delivery channels and the mixing tip (par. 0019-0020), wherein the at least one variable positive displacement pump forces the at least part 1 and at least part 2 respectively through the first adhesive delivery channel and the second adhesive delivery channel to the dispensing end of the mixing tip (par. 0016).
Regarding claim 2, the system further comprising a compressive element (16) configured to apply external positive pressure to the at least two flexible containment vessels in the chamber to force the part 1 and part 2 from the at least two flexible containment vessels through the adhesive delivery channel.
Regarding claim 3, the chamber holds more than two flexible containment vessels, or even four flexible containment vessels (par. 0025).
Regarding claim 4, the chamber further comprises an outlet manifold (28), wherein the at least two flexible containment vessels are fluidly connected to the outlet manifold (par. 0017).
Regarding claim 5, the system further comprising a compressive element (16) that applies uniform pressure over the entire surfaces of the at least two flexible containment vessels.
Regarding claim 6, the amount of pressure applied and dimensions of the outlet manifold are designed so that negative pressure is not needed to meter and flow part 1 and part 2 from the first and second flexible containment vessels (par. 0016 and 0023).
Regarding claim 28, Beckett discloses a kit for dispensing multipart structural adhesives, the kit comprising: a system according to claim 1 (see claim 1 above); and at least a first flexible containment vessel holding a Part 1 composition and a second flexible containment vessel holding a Part 2 composition of a multipart structural adhesive (see claim 1 above), wherein the amounts, ratios, or both of the Part 1 and the Part 2 are controlled by the dispenser (par. 0010 and 0022-0023), and wherein the amounts, ratios, or both of the Part 1, and the Part 2 affect one or more properties of the multipart structural adhesive composition (changing the properties is a natural consequence of mixing the two components).
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) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Beckett in view of Petit (5188259).
Regarding claim 8, Beckett DIFFERS in that it does not disclose the chamber further comprising pressure transducers to control and maintain desired pressure in the chamber during use of the system. Attention, however, is directed to the Petit reference, which discloses a chamber (50) comprising a pressure transducer (68) to control and maintain desired pressure in the chamber during use of the system (col. 5, lines 23-29).
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 Beckett reference in view of the teachings of the Petit reference by employing a pressure transducer for the purpose of monitoring or maintaining a desired pressure in the chamber. It also would have been obvious to include more than one pressure transducer, since it has been held that duplication of parts has no patentable significance unless a new and unexpected result is produced (MPEP 2144.04, VI-B).
Claim(s) 9-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Beckett in view of Gebauer (GB2183498A).
Regarding claim 9, Beckett DIFFERS in that it does not disclose the first adhesive delivery channel and the second adhesive delivery channel comprise a first and a second tube respectively upon which the at least first variable positive displacement pump acts. Attention, however, is directed to the Gebauer reference, which discloses a delivery channel comprising a tube upon which a variable positive displacement pump acts (i.e., a peristaltic pump; page 1, lines 110-125).
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 Beckett reference in view of the teachings of the Gebauer reference by employing a first and second tube (i.e., one tube for each part of the adhesive) in combination with the at least first variable positive displacement pump because Gebauer teaches that any practical type of pump can be used for dosing fluid (page 1, lines 66-75).
Regarding claim 10, the relative ratios of the inner diameters of the first and second tubes can be changed to allow for different ratios of part 1 and part 2, respectively (each tube can be manufactured with a different inner diameter).
Regarding claim 11, the outer wall thickness of the first and second tubes are constant (Fig. 1 of Gebauer).
Regarding claim 12, Beckett discloses the claimed invention except for the outer wall thickness of the first and second tubes vary. It would have been obvious to one of ordinary skill in the art to vary the thickness of the tubes for the purpose of combining the two parts at a different ratio.
Regarding claim 13, the first and second tube always have at least one section completely squeezed shut to prevent back flow during operation of the at least first variable positive displacement pump (Fig. 1 of Gehauer).
Regarding claim 14, dispensing is prevented when the pump is not acting upon the first and second tube (page 2, lines 24-27 of Gebauer).
Regarding claim 15, the first and second tubes are constrained by a first and second tube holder in the at least first variable positive displacement pump when acted upon by the pump (Fig. 1 of Gebauer).
Regarding claim 16, the first and second tubes are acted upon by a compression element (Fig. 1 of Gebauer).
Regarding claim 17, the system further comprising a second variable positive displacement pump (Fig. 2).
Beckett DIFFERS in that it does not disclose the second variable positive displacement pump acts on the second adhesive delivery channel. Attention, however, is directed to the Gebauer reference, which discloses a delivery channel upon which a variable positive displacement pump acts (i.e., a peristaltic pump; page 1, lines 110-125).
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 Beckett reference in view of the teachings of the Gebauer reference by employing a second variable positive displacement pump that acts on the second adhesive delivery channel because Gebauer teaches that any practical type of pump can be used for dosing fluid (page 1, lines 66-75).
Regarding claim 18, a metering element controls the first and the second variable positive displacement pumps and the metering element is controlled by an electronic processor (par. 0010 of Beckett).
Claim(s) 20-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Beckett in view of Gebauer and Streeter (20170354234).
Regarding claim 20, Beckett DIFFERS in that it does not disclose the variable positive displacement pump(s) are a linear peristaltic pump. Attention, however, is directed to the Gebauer reference, which discloses a peristaltic pump (page 1, lines 110-125).
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 Beckett reference in view of the teachings of the Gebauer reference by employing a peristaltic pump because Gebauer teaches that any practical type of pump can be used for dosing fluid (page 1, lines 66-75 of Gebauer). It would have been obvious to further modify the Beckett reference in view of the teachings of the Streeter reference because Streeter discloses that a linear peristaltic pump can be used in place of a rotating peristaltic pump to achieve the same result (par. 0044 of Streeter).
Regarding claim 21, the linear peristaltic pump comprises a cam shaft (par. 0044 of Streeter) driven by the at least one motor (122 of Streeter) through the housing that rotates to actuate moving elements within, wherein the cam shaft of the linear peristaltic pump acts on the tube(s). Beckett discloses the claimed invention except for the cam shaft driven by the at least one motor through the center of a housing. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to arrange the shaft in the center of the housing for the purpose of achieving a more compact design. Furthermore, it has been held that rearranging parts of an invention involves only routine skill in the art (MPEP 2144.04, VI-C).
Conclusion
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DONNELL A LONG/Primary Examiner, Art Unit 3754