DETAILED ACTION
This office action is in response to the communication mailed by the applicant on 06/14/2024. The applicant national stage entry of PCT/CN2022/136030 which claims foreign priority to CN 20213325199.X filed on 12/15/2021. Because all of the requirements for claiming foreign priority are met, the effective filing date for this application is 12/15/2021. Claims 1-18 are pending and examined on the merits.
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.
Claim 2 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.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims. Claim 2 recites the broad recitation “the closure is integrally formed with the spout, wherein the second segment”, and the claim also recites “the holding bar preferably having a cross-section that is cross-shaped” which is the narrower statement of the range/limitation.
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.
(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, 3, 5, 10, 11, and 13 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Hennemann (US PG PUB 2022/0348396).
Regarding claims 1, 10, and 11, Hennemann discloses a device for storing and dispensing a fluid product comprising;
a container assembly (figure 6) comprising:
an outer container (item 6, figure 6);
a pouch (item 4, figure 4) for storing a fluid product, comprising:
a sachet (item 7, figure 4) defining an inner volume in which the fluid product is contained;
a pouch holder (item 1, figures 4-6) for holding the pouch, the pouch holder being attached to the outer container (figure 6).
a dispensing assembly (item 5, figure 6) that can be attached to the container assembly and that can be detached from the container assembly;
wherein the dispensing assembly comprises a pushing member (item 51, figure 6), which pushes the closure such that the closure is displaced away from the sealing position when the dispensing assembly is moved toward the container assembly so as to be attached to the container assembly (figures 5 and 6, paragraphs [0133-0136]);
a spout (conduit 13 of closure 1, figures 1 and 5) attached to the sachet in a sealing manner and defining a channel leading into the inner volume of the sachet (paragraph [0086]),
the channel having an inlet end toward the inner volume of the sachet and an outlet end opposite the inlet end (figure 5;
a closure (item 3, figure 3) comprising a body having a first segment (item 35, figure 3) with a first radial dimension and a second segment (item 34, figure 3) with a second radial dimension larger than the first radial dimension (see figure 3, segment 34 is larger than segment 35), wherein the second segment is located on a side of the first segment toward the inner volume of the sachet (figure 5);
wherein the closure is configured to prevent air from entering the inner volume of the sachet through the channel in a sealing position (closure 31 comprises a closed bottom 30 which seals the pouch 7, paragraph [0089]),
wherein the closure is at least partially disposed in the channel and engages the spout when arranged in the sealing position (figure 5).
Regarding claim 3, Hennemann discloses that the closure comprises a cap (top end 37 of wall 35, figure 3), wherein the cap is separated from the spout when displaced away from the sealing position (cap 37 separates from spout 13 when pushed down by pusher 51, figure 6), wherein the first segment of the body of the cap comprises a first cylindrical wall and a pressing plate (figure 3), and wherein the second segment of the body of the cap comprises a second cylindrical wall having a larger outer diameter than the first cylindrical wall (figure 3).
Regarding claim 5, Hennemann discloses that the body of the cap-defines a cavity located toward the inner volume of the sachet (the body of cavity 31 which forms cap wall 37 is located toward inner volume of the sachet, figures 5 and 6)
Regarding claim 13, Hennemann discloses that the dispensing assembly can be attached to the container assembly by connecting the collar the pouch holder through a threaded connection or through an interference fit (figure 6, paragraphs [0099], [0146]).
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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Hennemann.
Regarding claim 2, Hennemann teaches that the closure is attached to the spout wherein the second segment has a smaller longitudinal thickness than the first segment (figure 3). However, Hennemann does not explicitly teach that the closure is integrally formed with the spout.
However, it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the claimed invention to have formed the closure as an integral part of the spout during the manufacturing process with a frangible or movable connection to reduce the number of parts required during the assembly process thus simplifying the assembly process. The proposed modification is simple and involves a routine skill in the art. It has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art. (See MPEP § 2144.04 (V)).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Hennemann in view of Kitao (JPH 10 305850) (see attached machine translation).
Regarding claim 8, Hennemann teaches the pouch but does not explicitly teach that it comprises a rod having a cross-shaped section, the rod extending from the spout into the inner volume of the sachet.
Kitao teaches another pouch dispenser comprising a pouch (item 1, figure 1) and a spout (item 3, figure 3) with a rod (item 11, figure 3) that extends into an inner volume of the sachet and comprises a cross-shaped cross-section (figures 3 and 6). Kitao teaches providing such rod member to prevent the pouch from completely collapsing and thus enabling complete emptying of the contents of the pouch during dispensing operation (paragraph [0025]).
It would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the claimed invention to have modified the invention of Hennemann as taught by Kitao to provide a long rod with a cross-shaped cross-section that extends into the inner volume of the pouch in order to prevent complete collapse the pouch during dispensing operation such that the pouch can wrap or move around the rod to ensure emptying of the contents of the pouch.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Hennemann in view of Freund et al. (“Freund” hereinafter) (US PG PUB 2004/0143235).
Regarding claim 9, Hennemann teaches the sachet but silent to it being formed of two films joined to each other along their peripheries, wherein each of the films comprises a tail portion having a reduced width, wherein the tail portions of the two films are joined together to form a tail of the pouch.
Freund teaches a pouch container (item 11, figure 1) for holding a liquid, two films joined to each other along their peripheries, wherein each of the films comprises a tail portion (item 13, figure 1) having a reduced width, wherein the tail portions of the two films are joined together to form a tail of the pouch (figures 9a, 10a, 11a, paragraphs [0056], [0057], [0064]).
It would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the claimed invention to have formed the pouch of Hennemann as taught by Freund wherein two films with narrower tail portions and larger mouth portions are joined together at their peripheries to construct a closed container with an opening to join to a spout. Such method is the most commonly used for forming pouches or sachet that hold fluid contents for dispensing and therefore, the proposed modification is within the range of one ordinary skill in the art.
Allowable Subject Matter
Claims 4, 6, 7, 12, and 14-18 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following documents teaches dispensers with pouches or sachets for holding fluid contents and conventional dispenser mechanisms: US PN 3,421,698, US PN 4,457,455, US PN 5,156,299, US PN 5,875,936.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VISHAL J PANCHOLI whose telephone number is (571)272-9324. The examiner can normally be reached Monday - Thursday (9 am - 7 pm).
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/Vishal Pancholi/Primary Examiner, Art Unit 3754