DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Specification
2. The preliminary amendment filed on 6/14/2024 and 11/13/2024 have been entered.
Specification
3. The abstract of the disclosure is objected to because of legal language “comprising” throughout the abstract. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Rejections - 35 USC § 112
4. 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.
5. Claims 6, 11-20 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.
I- The term "substantially" in claim 6 is a relative term which renders the claim indefinite. The term "substantially" is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Therefore, the scope of "substantially identical" is not clear.
II- The term "substantially" in claim 11 is a relative term which renders the claim indefinite. The term "substantially" is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Therefore, the scope of "substantially parallel" is not clear.
III- Claim 13 is indefinite because “the same material” lacks proper antecedent basis.
IV- In claim 14, “a housing” (line 2), “a discharge mechanism” (line 4), “a mechanical energy storage” (line 6), “a driver” (lines 9-10) are positively recited for a second time. This renders the claims confusing as they raise issues of double inclusion.
Claim Rejections - 35 USC § 102
6. 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.
7. 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.
8. Claims 1-4, 9-10, 14-15, 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rau et al. WO2021/009022.
Rau et al. disclose a mechanical energy storage (50) for driving a discharge mechanism of a fluid dispensing device (1), wherein the mechanical energy storage comprises: a first drive spring (50) extending along a longitudinal direction; the drive spring including a first longitudinal end to engage with a housing (2, 3) of the fluid dispensing device and a second longitudinal end (51) opposite to the first longitudinal end to engage with a driver (60) movable relative to the housing along the longitudinal direction (z); wherein the mechanical energy storage is reversibly transferable into a pre-loaded state by resiliently compressing the first drive spring in the longitudinal direction (z) to thereby induce a resilient deformation of the first drive spring in a first direction (y) transverse to the longitudinal direction (z); and wherein the mechanical energy storage is transferable from the pre-loaded state into an unloaded state by allowing the first drive spring to relax into or towards an undeformed configuration with regard to the first direction (y) accompanied by a longitudinal expansion of the first drive spring as seen in Figures 3 and 4; wherein the first drive spring comprises an elongated unwound spring rod (28); wherein when in the unloaded state the first drive spring comprises an elongated straight shape extending in the longitudinal direction (z) as seen in Figure 2; wherein the first drive spring comprises a planar shaped longitudinally extending slab profile as seen in Figure 15; wherein when in the pre-loaded state, the first drive spring comprises an undulated structure with at least one arc-shaped undulation extending in the first direction (y) as seen in Figures 3 and 10; wherein when in the pre-loaded state, the first drive spring comprises an undulated structure with a sequence of at least two or three arc-shaped undulations, wherein undulations adjoining along the longitudinal direction (z) are oriented oppositely with regard to the first direction (y) as seen in Figures 3 and 10; a container (30), a driver abutment (62), a housing abutment (52)
Claim Rejections - 35 USC § 103
9. 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.
10. Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Rau et al. WO2021/009022 in view of Lau et al. 7,311,339.
Rau et al. have taught all the features of the claimed invention except that the driver abutment is of a V-shaped recess and the housing abutment is of a V-shaped recess. Lau et al. teach the use of a spring (204) being seated in a V-shaped recess abutment (230).
It would have been obvious to one having ordinary skill in the art before the effective filling date of the application to modify the driver abutment and the housing abutment of Rau et al. to be of a V-shaped recess as taught by Lau et al. in Figure 3, in order to maintain the spring in the correct necessary location.
Allowable Subject Matter
11. Claims 5-8, 11-13, 17-19 are 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.
Conclusion
12. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
13. Any inquiry concerning this communication or earlier communications from the examiner should be directed to FREDERICK C NICOLAS whose telephone number is (571)272-4931. The examiner can normally be reached Monday-Thursday 8:00 AM -: 4:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Paul R. 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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/FREDERICK C NICOLAS/ Primary Examiner, Art Unit 3754