DETAILED ACTION
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) 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Walch (US 6564970) in view of Kham-Orn (US 201210299695).
Claim 1. Walch discloses a nozzle housing comprising: a nozzle end wall (17 or 3), and a nozzle sidewall (16) extending from the nozzle end wall, the nozzle end wall and the nozzle sidewall defining a nozzle cavity (inside of 16), the nozzle cavity being configured to receive a first end of the collapsible package (12; FIG 3);
one or more piercing projections (6) extending into the nozzle cavity; and
a retaining wall (5) extending from the nozzle end wall and into the nozzle cavity;
wherein the one or more piercing projections (6-8) being located within an interior space defined by the retaining wall.
But is silent on the nozzle sidewall being receivable in a dispensing end section of a dispensing device.
Kham-Orn teaches the nozzle sidewall being receivable in a dispensing end section of a dispensing device (140, 263; FIG 1-2c; [0032], [0048]).
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 device of Walch with a sidewall as taught by Kham-Orn in order to provide a secure fit through insertion of a male end into a barrel.
Claim 2, Walch discloses wherein the retaining wall (5; FIG 1-3) is a continuous circular wall that encloses the one or more piercing projections (6-8).
Claim 3, Walch discloses wherein the retaining wall extends from the nozzle end wall at a distance that is less than a distance the nozzle sidewall extends from the nozzle end wall (16, 5; FIG 3).
Claim 4, Walch discloses a male member (1, 2) extending from the nozzle end wall in a direction opposite the nozzle sidewall.
Claim 5, Walch discloses wherein the male member (1, 2) defines a male member bore (FIG 3) defined therethrough and in fluid communication with the nozzle cavity.
Claim 6, Walch discloses wherein the male member bore (1, 2) is defined at a male member angle that converges (FIG 3) in a direction from the nozzle end wall (17 or 3; bore extends from the end wall, with its angled walls converging at a central location).
Claim 7, Walch discloses wherein the male member (1, 2) includes a first section (1) extending from the nozzle end wall, and a second section (2) extending from the first section (FIG 3), the first section including a first section bore (1) defined therethrough and in fluid communication with the nozzle cavity, the second section including a second section bore (2) defined therethrough and in fluid communication with the first section bore (1).
Claim 8, Walch discloses wherein the first section bore is defined at a first section angle (1) that converges in a direction from the nozzle end wall (17 or 3).
Walch discloses the claimed invention except for second section angle that converges in a direction from the first section. It would have been obvious to one having ordinary skill in the art at the time the invention was made to change the angle of all or part of the second section in order to allow for easier assembly, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. MPEP 2144.04
Claim 9, Walch discloses wherein the first section angle and the second section angle are different from each other (1, 2; FIG 3).
Claim 10, Walch discloses wherein the second section has a width or diameter less than a width or diameter of the first section, thereby creating a transition section therebetween (transition is on where first and second section join; FIG 3).
Claim 11, Walch discloses wherein the second section extends from the transition section, and wherein the first section bore is defined at a first section angle that converges in a direction from the nozzle end wall, and the second section bore is defined at a second section angle that converges in a direction from the transition section (first and second section join at transition at different angles; FIG 3).
Claim 12, Walch discloses wherein the first section angle and the second section angle are different from each other (FIG 3).
Claim 13, Walch discloses wherein the one or more piercing projections is a plurality of piercing projections (6-8; FIG 2-3) that are radially arranged.
Claim 14, Walch discloses wherein the plurality of piercing projections each includes a piercing wall featuring an interior surface, an exterior surface facing the retaining wall, and angled edges that converge toward each other to form a piercing tip (6-8; FIG 2-3).
Claim 15, Walch discloses wherein the plurality of piercing projections each further includes a support member (9) connecting the piercing wall to the nozzle end wall.
Claim 16, Walch discloses wherein the piercing wall has an arcuate lateral profile (Col 3, lines 25-29).
Claim 17, Walch discloses wherein the interior surface of the piercing wall is aligned and flush with an interior surface of the first section that defines the first section bore (2, 6; FIG 3).
Claim 18, Walch discloses wherein the interior surface of the piercing wall extends away from the nozzle end wall at a piercing angle that diverges in a direction from the nozzle end wall (Col 2, line 65 to Col 3, line 1; Col 3, lines 30-31; FIG 3).
Claim 20, Walch discloses a nozzle housing comprising: a nozzle end wall (17 or 3), and a nozzle sidewall (16) extending from the nozzle end wall, the nozzle end wall and the nozzle sidewall defining a nozzle cavity (inside of 16), the nozzle cavity being configured to receive a first end of the collapsible package (12; FIG 3);
a male member (2) including a male member bore defined therethrough and in fluid communication with the nozzle cavity;
piercing projections (6-8) extending from the nozzle end wall and into the nozzle cavity, the piercing projections each includes a piercing wall featuring an interior surface, an exterior surface, angled edges that converge toward each other to form a piercing tip, and a support member connecting the piercing wall to the nozzle end wall; and
a retaining wall (5) extending from the nozzle end wall and into the nozzle cavity, the retaining wall being a continuous circular wall that encloses the piercing projections so that the piercing projections are located within an interior space defined by the retaining wall;
wherein the interior surface of the piercing wall (6; FIG 3) is aligned and flush with an interior surface of the male member that defines the male member bore (2).
But is silent on the nozzle sidewall being receivable in a dispensing end section of a dispensing device.
Kham-Orn teaches the nozzle sidewall being receivable in a dispensing end section of a dispensing device (140, 263; FIG 1-2c; [0032], [0048]).
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 device of Walch with a sidewall as taught by Kham-Orn in order to provide a secure fit through insertion of a male end into a barrel.
Allowable Subject Matter
Claim 19 is 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.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 8 and 20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Arguments regarding claims 6-7 and 18 are addressed in the rejection above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEREMY W CARROLL whose telephone number is (571)272-4988. The examiner can normally be reached M-F 8 AM - 5 PM.
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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.
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JEREMY W. CARROLL
Primary Examiner
Art Unit 3754
/Jeremy Carroll/ Primary Examiner, Art Unit 3754
Prosecution Insights