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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “first liquid flow passage,” “second liquid flow passage,” and “third liquid flow passage” must be shown or the feature(s) canceled from the claim(s).
Furthermore, the “third liquid flow passage extending from the first liquid flow passage to the second liquid flow passage,” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: specific mentioned of the “first liquid flow path,” the “second liquid flow path,” and the “third liquid flow path.”
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “dispensing unit” in claim 1.
The following 3-Prong Test is used to detail the invocation of 35 U.S.C. 112(f) pertaining to the aforementioned “dispensing unit”:
The generic place holder, “unit,” is identified as a replacement for the generic “means for,” and is not indicative of any specific known, limiting feature.
“unit” is modified by the functional language “dispensing.” The generic placeholder is set forth by the function it performs.
A lack of sufficient structure for achieving the claimed function follows the aforementioned limitation.
Thus, claim 1 and dependent claims 2, 4, 5, 6-10, 12-16, 18, and 20-24 (by virtue of dependency) are given the broadest reasonable interpretation set forth by the specifications to mean: “an actuating surface configured to receive an axial load” (specification: p. 16 para. 2).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 2, 4, 6-7, 9-10, 12-13, 21, 24, and 28 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Barenhoff et al. (US 10953420 B2).
Regarding claim 1, Barenhoff discloses a liquid dosing dispenser, comprising:
a housing (pump 7) defining an internal space (pump chamber 15) comprising a first opening and a second opening (refer to the annotated figure below),
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wherein the housing is configured to be attached to a container (attached via closure 5 and housing lid 9 facilitating attachment to container 3, col. 4 ll. 25-30), such that a first liquid flow passage is formed from the container through the first opening into the internal space (refer to the flow path arrows in fig. 4, annotated below);
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a dispensing unit (dispensing head 4) configured to be attached to or form an integral part with the housing (col. 6 ll. 41-46), such that a second liquid flow passage is formed from the internal space of the housing through the second opening to a dispensing outlet located outside the housing (refer to the flow path arrows in fig. 2 and the annotated figure below);
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a first valve (inlet valve 12) arranged in the internal space and configured to selectively close and open the first opening (col. 4 ll. 63-67, col. 5 ll. 1-16, and figs. 2-4);
a closure (outlet valve 13) arranged in the internal space between the first valve and the dispensing unit (refer to fig. 1), the closure being configured to selectively close and open a third liquid flow passage extending from the first liquid flow passage to the second liquid flow passage (col. 5 ll. 7-20 and figs. 1-2 and the annotated figure below),
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the closure comprising a second valve (connection element 22 comprising the valve body 13B) and a base (piston pump 14 comprising the valve seat 13A), wherein at least one of the base and the second valve are movable in axial direction between a resting position and a compressed position (refer to figs. 2-4);
a compressible resilient element (spring 16) arranged in the internal space between the first valve and the second valve of the closure (col. 5 ll. 50-53 and figs. 1-4) and configured to urge the at least one of the base and the second valve from the compressed position to the resting position (col. 7 ll. 32-35, col. 13 ll. 59-62, and figs. 3-4 displaying movement);
wherein the dispensing unit is configured to move the at least one of the base and the second valve from the resting position to the compressed position upon application of an external actuating force on the dispensing unit (col. 12 ll. 4-12 and figs. 2-3); and
wherein the second valve of the closure is further configured to be movable with respect to the base, to open the third liquid flow passage when the at least one of the base and the second valve is moved by the dispensing unit from the resting position to the compressed position (refer to fig. 2, the annotated figure above, and col. 11 ll. 31-39) and/or to close the third liquid flow passage when the at least one of the base and the second valve of the closure is moved by the compressible resilient element from the compressed position to the resting position (figs. 3-4 and col. 13 ll. 13-21).
Regarding claim 2, in addition to the limitations of claim 1, Barenhoff further discloses wherein: the first valve is a one-way valve (col. 5 ll. 3-6 and 36-43, col. 9 ll. 10-18, and col. 13 ll. 35-48).
Regarding claim 4, in addition to the limitations of claim 1, Barenhoff further discloses further configured to increase a pressure in the internal space of the housing by having the dispensing unit move the base and at least a part of the second valve in axial direction from the resting position towards the compressed position thereby compressing the compressible resilient element (col. 12 ll. 34-41).
Regarding claim 6, in addition to the limitations of claim 1, Barenhoff further discloses wherein opening the third liquid flow passage between the first liquid flow passage and second liquid flow passage comprises allowing a pressure increase in the internal space resulting from a movement of the closure from the resting position to the compressed position to move a central portion (refer to the annotated figure below)
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of the second valve relative to the base from a closed to an open position (col. 12 l. 58 to col. 13 l. 2).
Regarding claim 7, in addition to the limitations of claim 1, Barenhoff further discloses wherein closing the third liquid flow passage between the first liquid flow passage and second liquid flow passage comprises allowing a pressure decrease in the internal space resulting from a movement of the closure from the compressed position to the resting position to move a central portion (refer to the annotated figure below)
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of the second valve relative to the base from an open position to a closed position (col. 13 ll. 3-19 and refer to the annotated figure below).
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Regarding claim 9, in addition to the limitations of claim 1, Barenhoff further discloses an actuating force is applied to the dispensing unit (col. 6 ll. 55-61): the dispensing unit transfers the actuating force to the resilient element via the closure, to compress the resilient element (col. 7 ll. 32-45); a size of the internal space is decreased, increasing a liquid pressure inside the housing (col. 12 l. 58 to col. 13 l. 2); the first valve closes the first opening (col. 9 ll. 14-18); and the second valve moves axially outward relative to the base (col. 11 ll. 31-39, and fig. 2, wherein the second valve moves axially out from the base).
Regarding claim 10, in addition to the limitations of claim 1, Barenhoff further discloses that when an actuating force on the dispensing unit is removed or reduced in the compressed position: the dispenser performs an upstroke into the resting position (col. 13 ll. 31-34); and a pressure is decreased inside the housing to draw liquid from the container through the first opening into the internal space (col. 13 ll. 35-42, and fig. 4).
Regarding claim 12, in addition to the limitations of claim 1, Barenhoff further discloses a ring-shaped housing cover (closure 5) arranged over the radial outside of the second opening (refer to fig. 1), to prevent the closure and the resilient element from exiting the internal space (col. 3 ll. 49-56 and fig. 1).
Regarding claim 13, in addition to the limitations of claim 1, Barenhoff further discloses wherein in both the resting position and the compressed position, the internal space has a respective predetermined size, to displace a predetermined liquid dose when moving to the compressed position (col. 4 ll. 12-15, describing a predetermined dose, and figs. 1-4, wherein the housing 8 has an internal space with a predetermined size).
Regarding claim 21, in addition to the limitations of claim 1, Barenhoff further discloses wherein a central portion of the second valve extends in axial direction towards the dispensing unit, the central portion essentially having a cylindrical shape (refer to figs. 1-4 and the annotated figure below).
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Regarding claim 24, in addition to the limitations of claim 1, Barenhoff further discloses wherein the resilient element comprises a spring (spring 16).
Regarding claim 28, Barenhoff discloses the method comprising dispensing a predetermined dose of liquid (col. 4 ll. 12-15) by increasing a pressure in the internal space of the housing (col. 12 l. 58 to col. 13 l. 2) by having the dispensing unit move the base and at least a part of the second valve in axial direction from the resting position towards the compressed position thereby compressing the compressible resilient element (col. 12 ll. 34-41 and figs. 2-4).
Claims 1, 8, 14-16, 21, and 23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rossignol (US 10898916 B1).
Regarding claim 1, Rossignol discloses a liquid dosing dispenser, comprising:
a housing (sleeve 4 cooperating with push button 2) defining an internal space (internal to the walls of sleeve 4 and push button 2) comprising a first opening and a second opening (refer to the annotated figure below),
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wherein the housing is configured to be attached to a container (via internal threads of lower shrink ring 4a, col. 5 ll. 50-56), such that a first liquid flow passage is formed from the container through the first opening into the internal space (refer to fig. 7);
a dispensing unit configured to be attached to or form an integral part with the housing (push button 2 with upper support wall 8), such that a second liquid flow passage is formed from the internal space of the housing through the second opening to a dispensing outlet located outside the housing (refer to the flow path arrows in figs. 3-4);
a first valve (inlet lip 18) arranged in the internal space (refer to figs. 1-4) and configured to selectively close and open the first opening (col. 5 ll. 65-67 and fig. 7);
a closure (shaft 10 in cooperation with rod had 13) arranged in the internal space between the first valve and the dispensing unit (refer to figs. 1-4), the closure being configured to selectively close and open a third liquid flow passage extending from the first flow liquid flow passage to the second liquid flow passage (refer to figs. 1-4, wherein the third flow passage connects the portion of the first flow passage located within the internal space, to the portion of the second flow passage towards the outlet), the closure comprising a second valve (shaft 10) and a base (rod head 13), wherein at least one of the base and the second valve are movable in axial direction between a resting position and a compressed position (refer to figs. 1-4 depicting motion);
a compressible resilient element (membrane 33) arranged in the internal space between the first valve and the second valve of the closure (refer to figs. 1-4) and configured to urge the at least one of the base and the second valve from the compressed position to the resting position (shaft 10 moving from compressed position, fig. 4 and resting position, fig. 1, best shown between figs. 8 and 9);
wherein the dispensing unit is configured to move the at least one of the base and the second valve from the resting position to the compressed (shaft 10 moving from resting to compressed position) position upon application of an external actuating force on the dispensing unit (refer to figs. 2-4, displaying the movement from the compressed position to the resting position); and
wherein the second valve of the closure is further configured to be movable with respect to the base (the relative motion of the rod head in reference to the shaft 10, refer to figs. 2-4), to open the third liquid flow passage when the at least one of the base and the second valve is moved by the dispensing unit from the resting position to the compressed position (wherein the base is moved from the resting position to the compressed position, thereby opening the third liquid flow path, refer to figs. 3-4).
Regarding claim 8, in addition to the limitations of claim 1, Rossignol further discloses wherein the direction of a relative movement of a central portion (outlet lip 11) from the closed position to the open position is opposite the direction of the movement of the base from the resting position to the compressed position, and/or wherein the direction of the relative movement of a central portion from the open position to the closed position is opposite the direction of the movement of the base from the compressed position to the resting position (refer to figs. 2-4, wherein the relative motion between the rod head 13 and shaft 10 are in opposite directions).
Regarding claim 14, in addition to the limitations of claim 1, Rossignol further discloses wherein the first valve comprises a thin flexible sheet, which is configured to deform and/or to at least partially move into the first opening to close the first opening (refer to fig. 7 and col. 5 ll. 65-67).
Regarding claim 15, in addition to the limitations of claim 1, Rossignol further discloses wherein the first valve is mounted to or integrally formed with the compressible resilient element (refer to fig. 1 wherein the first valve is integrally formed with the compressible resilient element).
Regarding claim 16, in addition to the limitations of claim 1, Rossignol further discloses wherein: the first valve and the resilient element are connected in a plurality of locations distributed around an edge of the first opening, or the first valve and the resilient element are connected at one or more locations distributed over a single half of the edge of the first opening (refer to the annotated figure below).
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Regarding claim 21, in addition to the limitations of claim 1, Rossignol further discloses wherein a central portion (outlet lip 11) of the second valve extends in axial direction towards the dispensing unit (refer to figs. 1-4), the central portion essentially having a cylindrical shape (refer to figs. 1-4).
Regarding claim 23, in addition to the limitations of claim 1, Rossignol further discloses wherein the second valve is configured to deform and regain a resting shape during a movement from the compressed position to the resting position (refer to fig. 5).
Claims 1, 20, and 22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Garcia et al. (US 6332561 B1).
Regarding claim 1, Garcia discloses a liquid dosing dispenser, comprising:
a housing (cylinder 10) defining an internal space (pump chamber 14) comprising a first opening (inlet 12) and a second opening (refer to the annotated figure below),
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wherein the housing is configured to be attached to a container (col. 3 ll. 30-36), such that a first liquid flow passage is formed from the container through the first opening into the internal space (through the inlet 12 from the container to the internal space, refer to fig. 1a);
a dispensing unit (dispenser head 9) configured to be attached to or form an integral part with the housing (via actuator rod 2, col. 4 ll. 51-68), such that a second liquid flow passage (between pump chamber 14 and channel 21) is formed from the internal space of the housing through the second opening to a dispensing outlet located outside the housing (col. 4 l. 63 to col. 5 l. 7, and figs. 1a to 1c);
a first valve (ball 51) arranged in the internal space (refer to figs. 1a-1c) and configured to selectively close and open the first opening (refer to figs. 1b-1c);
a closure (piston 3, plunger 4, and the lower portion of actuator rod 2, refer to the annotated figure below)
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arranged in the internal space between the first valve and the dispensing unit (refer to fig. 1b), the closure (lower portion of actuator rod 2, containing side openings 22, in cooperation with piston 3 and plunger 4) being configured to selectively close and open a third liquid flow passage extending from the first flow liquid flow passage to the second liquid flow passage (third liquid passage connects the portion of the first liquid flow passage within the internal space to the outlet side portion of the second liquid flow passage), the closure comprising a second valve (lower portion of actuator rod 2, containing side openings 22) and a base (piston 3 and plunger 4), wherein at least one of the base and the second valve are movable in axial direction between a resting position and a compressed position (refer to figs. );
a compressible resilient element (spring 7) arranged in the internal space between the first valve and the second valve of the closure (refer to figs. 1a-1c) and configured to urge the at least one of the base and the second valve from the compressed position to the resting position (col. 3 ll. 38-40);
wherein the dispensing unit is configured to move the at least one of the base and the second valve from the resting position to the compressed position upon application of an external actuating force on the dispensing unit (col. 4 ll. 51-64); and
wherein the second valve of the closure is further configured to be movable with respect to the base (refer to figs. 1a-1c depicting movement between the second valve and base), to open the third liquid flow passage when the at least one of the base and the second valve is moved by the dispensing unit from the resting position to the compressed position (col. 4 l. 63- col. 5 l. 4, wherein opening the third liquid flow passage allows for communication between the internal space portion of the first liquid flow passage to the outlet side portion of the second liquid flow passage).
Regarding claim 20, in addition to the limitations of claim 1, Garcia further discloses wherein the second valve is provided with at least one additional hole (openings 22) in a portion adjacent to the internal space, in order to allow liquid to leave an internal compression space of the closure between the base and second valve during a downstroke (refer to figs. 1b-1c depicting a downstroke).
Regarding claim 22, in addition to the limitations of claim 1, Garcia further discloses wherein the closure is provided with an additional resilient element (spring 4, refer to fig. 1a and col. 3 ll. 38-42, please note: the prior art the reference character (4) has been used to denote both the spring (as shown in fig. 1a) and the plunger (as shown in other figures)), positioned in a compression space of the closure between the base and second valve (refer to the annotated figure below).
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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 8 is rejected under 35 U.S.C. 103 as being unpatentable over Barenhoff et al. (US 10953420 B2) in view of Lee et al. (US 11833533 B2).
Regarding claim 18, in addition to the limitations of claim 1, Barenhoff further discloseswherein the housing, the first valve, the closure, and the dispensing unit comprise a single material (col. 4 ll. 35-39, including the head when integrated with the pump, col. 4 ll. 25-30); however, remains silent to the spring is a made of the same material (plastic). Lee teaches the resilient member is made of plastic (cylindrical corrugated-tube spring 60, described as being made from a plastic material, col. 4 ll. 43-46).
It would have been prima facie obvious to one having ordinary skill in the art to modify the spring to be made of plastic. Barenhoff contemplates a spring sheath to prevent the fluid from contacting the metal spring (Barenhoff: col. 14 ll. 1-12), wherein said contact is known to cause contamination. When modified with the spring of Lee, such modification further improves sanitary conditions and improves recycling (Lee: col. 3 ll. 15-21).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Wang (US 5553757 A) and Gaucher (US 5813571 A) for the inclusion of a first valve and closure element and .
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER STEVEN PARISI whose telephone number is (571)270-5490. The examiner can normally be reached Mon - Fri 8:00 - 5:00 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Angwin can be reached at (571) 270-3735. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER S. PARISI/Examiner, Art Unit 3754
/DAVID P ANGWIN/Supervisory Patent Examiner, Art Unit 3754