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 4-5 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.
Claim 4 recites the limitation "the connector yoke". There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites the limitation "the right spring arm and the left spring arm". There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites the limitation "the right retainer latch and the left retainer latch". There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation "the dispenser". 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) 1-2, 6-7, and 9-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McNulty et al. (20140054322).
Regarding claim 1, McNulty discloses a dispenser system comprising: a. a container (112), wherein the container includes a container opening; b. a dispenser body (102), wherein the dispenser body includes a dispenser socket (202), wherein the dispenser body has a dispensing mode (dispensing) and a waiting mode (not dispensing); c. a fluid outlet port (below aperture 207), wherein the fluid outlet port is formed on the dispenser socket (Fig. 2); d. a dispenser tube (221), wherein the dispenser tube is connected to the dispenser socket (Figs. 2-2A), wherein the dispenser tube receives soap liquid from the container; e. an air inlet port (228), wherein the air inlet port is connected to the dispenser tube at a makeup air branch (225); f. an inlet valve (242) and an outlet valve (210), wherein the inlet valve and outlet valve are mounted to an interface assembly (206), wherein the interface assembly is mounted to the container opening (Fig. 2); and g. a foam pump (130) mounted in the dispenser body, wherein the foam pump pumps liquid to an outlet nozzle (230) during a dispensing mode.
Regarding claim 2, the system further comprising: a dispenser wall mounted frame (par. 0038), wherein the dispenser body is connected to the dispenser wall mount frame (par. 0038), wherein the air inlet port is formed as a makeup air tube (228) that is connected to the makeup air branch.
Regarding claim 6, the inlet valve is mounted to an inlet valve retainer formed in an inlet valve opening (Fig. 2), wherein the inlet valve opening is formed on the container interface (Fig. 2), wherein the outlet valve is mounted to an outlet valve retainer formed in an outlet valve opening (Fig. 2), wherein the outlet valve opening is formed on the container interface (Fig. 2).
Regarding claim 7, the inlet valve and the outlet valve are both formed as elastomeric members that are press-fit to the inlet valve retainer and the outlet valve retainer (par. 0021 and 0029).
Regarding claim 9, the system further including a liquid pump (130), wherein the liquid pump extracts liquid through a passage tube.
Regarding claim 10, the system further comprising: a dispenser wall mounted frame, wherein the dispenser body is connected to the dispenser wall mount frame (par. 0038).
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) 3-4, 11, 13-14, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over McNulty et al. in view of Tojek (20170100001).
Regarding claim 3, McNulty DIFFERS in that it does not disclose the dispenser wall mounted frame has a key opening, wherein the a key passes through the key opening to depress a plunger, wherein the plunger depresses a connector yoke, wherein the connector yoke is connected to a right spring arm and a left spring arm, wherein the right spring arm is connected to a right retainer latch, wherein the left spring arm is connected to a left retainer latch, wherein the right retainer latch and the left retainer latch retain the container to the dispenser body. Attention, however, is directed to the Tojek reference, which discloses a dispenser wall mounted frame (200), wherein a dispenser body (107) is connected to the dispenser wall mount frame, wherein the dispenser wall mounted frame has a key opening (209), wherein the a key (251) passes through the key opening to depress a plunger (250), wherein the plunger depresses a connector yoke (220), wherein the connector yoke is connected to a right spring arm (225) and a left spring arm (225), wherein the right spring arm is connected to a right retainer latch (224), wherein the left spring arm is connected to a left retainer latch (224), wherein the right retainer latch and the left retainer latch retain a container to the dispenser body (par. 0027).
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 McNulty reference in view of the teachings of the Tojek reference by including a key, plunger, spring arms, and latches for the purpose of providing a mechanism for locking the dispenser to prevent unauthorized removal of the container (par. 0029 of Tojek).
Regarding claims 4 and 11, the connector yoke is connected to a right spring foot (226) and a left spring foot (226), wherein the right spring foot and the left spring foot biases against the right spring arm and the left spring arm, wherein the right spring arm and the left spring arm are connected to the right retainer latch and the left retainer latch (Figs. 2A-2D).
Regarding claim 13, the inlet valve is mounted to an inlet valve retainer formed in an inlet valve opening (Fig. 2), wherein the inlet valve opening is formed on the container interface (Fig. 2), wherein the outlet valve is mounted to an outlet valve retainer formed in an outlet valve opening (Fig. 2), wherein the outlet valve opening is formed on the container interface (Fig. 2).
Regarding claim 14, the inlet valve and the outlet valve are both formed as elastomeric members that are press-fit to the inlet valve retainer and the outlet valve retainer (par. 0021 and 0029).
Regarding claim 16, the system further including a liquid pump (130), wherein the liquid pump extracts liquid through a passage tube.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over McNulty et al. in view of Lochinger et al. (20080210702).
Regarding claim 5, the dispenser connects to the container (Fig. 2).
McNulty DIFFERS in that it does not disclose wherein the container has a first slot retainer and a second slot retainer, wherein the first slot retainer connects to a right retainer rail, and wherein a second slot retainer connects to a left retainer rail. Attention, however, is directed to the Lochinger reference, which discloses a receptacle (34) connects to a container (32), wherein the container has a first slot retainer (37) and a second slot retainer (37), wherein the first slot retainer connects to a right retainer rail (40), and wherein a second slot retainer connects to a left retainer rail (40).
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 McNulty reference in view of the teachings of the Lochinger reference by including slot retainers and retainer rails for the purpose of releasably securing the container to the dispenser (par. 0066 of Lochinger).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over McNulty et al. in view of Ophardt et al. (20020158085).
Regarding claim 8, the system further including an air pump (130).
McNulty DIFFERS in that it does not disclose wherein the air pump is configured to pump air to the inlet valve, wherein the inlet valve provides a makeup air for exiting liquid, wherein exiting liquid exits from the container. Attention, however, is directed to the Ophardt reference, which discloses an air pump is configured to pump makeup air into a container (par. 0026).
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 McNulty reference in view of the teachings of the Ophardt reference by configuring the air pump to pump air to the inlet valve for purpose of replacing liquid exiting the container (par. 0026 of Ophardt).
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over McNulty et al. in view of Tojek as applied to claim 11 above, and further in view of Lochinger et al.
Regarding claim 12, the dispenser connects to the container (Fig. 2).
McNulty DIFFERS in that it does not disclose wherein the container has a first slot retainer and a second slot retainer, wherein the first slot retainer connects to a right retainer rail, and wherein a second slot retainer connects to a left retainer rail. Attention, however, is directed to the Lochinger reference, which discloses a receptacle (34) connects to a container (32), wherein the container has a first slot retainer (37) and a second slot retainer (37), wherein the first slot retainer connects to a right retainer rail (40), and wherein a second slot retainer connects to a left retainer rail (40).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to further modify the McNulty reference in view of the teachings of the Lochinger reference by including slot retainers and retainer rails for the purpose of releasably securing the container to the dispenser (par. 0066 of Lochinger).
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over McNulty et al. in view of Tojek as applied to claim 11 above, and further in view of Ophardt et al.
Regarding claim 15, the system further including an air pump (130).
McNulty DIFFERS in that it does not disclose wherein the air pump is configured to pump air to the inlet valve, wherein the inlet valve provides a makeup air for exiting liquid, wherein exiting liquid exits from the container. Attention, however, is directed to the Ophardt reference, which discloses an air pump is configured to pump makeup air into a container (par. 0026).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to further modify the McNulty reference in view of the teachings of the Ophardt reference by configuring the air pump to pump air to the inlet valve for purpose of replacing liquid exiting the container (par. 0026 of Ophardt).
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.
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/DONNELL A LONG/Primary Examiner, Art Unit 3754