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 as failing to comply with 37 CFR 1.84(p)(4) because reference characters "64" and "72" have both been used to designate “guide rails or rods” in Figs 3 and 4. 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. 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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “64” has been used to designate both “plurality of rods” in Fig. 3 and “guide rails or rod” in Fig. 4. It is clear that reference character 72 in Fig. 3 designates “guide rails or rods” as confirmed by the specification. Therefore, 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. 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.
Fig. 6 and 9-14 are color photographs or drawings. Color photographs and color drawings are not accepted in utility applications unless a petition filed under 37 CFR 1.84(a)(2) is granted. Any such petition must be accompanied by the appropriate fee set forth in 37 CFR 1.17(h), one set of color drawings or color photographs, as appropriate, if submitted via the USPTO patent electronic filing system or three sets of color drawings or color photographs, as appropriate, if not submitted via the via USPTO patent electronic filing system, and, unless already present, an amendment to include the following language as the first paragraph of the brief description of the drawings section of the specification:
The patent or application file contains at least one drawing executed in color. Copies of this patent or patent application publication with color drawing(s) will be provided by the Office upon request and payment of the necessary fee.
Color photographs will be accepted if the conditions for accepting color drawings and black and white photographs have been satisfied. See 37 CFR 1.84(b)(2).
It is further noted that compression paddles 62 are illustrated differently in Fig. 4, Fig.6, and Fig. 9-14. This is due to Fig. 6 and Fig. 9-14 showing different embodiments of the invention without actually describing that they are different embodiments than the ones shown in other figures. Applicant is advised to completely redraw and submit new drawings which are consistent and show the same structure for all of the components in a single embodiment. Otherwise, the drawings must show and the specification must address different embodiments which include different configurations for the same or similar component. As a result, the drawings are further objected and corrected drawings are required.
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 1-13 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.
Where applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999). The term “daisy head” in claim 1 is used by the claim to mean “a holder for the plurality tubes and multiple compression paddles. At present, there is no structure or term present in the art that would convey to a person of skill in the art regarding what is “a daisy head”. The term is indefinite because the specification does not clearly redefine the term. As a result, claim 1 remains rejected under above grounds.
Claims 2-13 are also rejected under the same grounds for being dependent on claim 1.
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.
Claims 1-13 are rejected under 35 U.S.C. 103 as being unpatentable over Binder (US PN 6,311,871) in view of Dean et al. (“Dean” hereinafter) (US PG PUB 2010/0219204).
Regarding claims 1 and 2, Binder teaches a liquid sealant dispenser (figure 1), comprising:
a pressing device, the pressing device comprising
a plurality of holding tubes (items 11, 12, figure 1), each with a bottom end, an open top end, a hollow interior and a linear slot (item 14, figure 1) in a side thereof;
a daisy head (items 32, 33, 51, 52, figure 1) with a center (item 32, figure 1) and a plurality of rods (attachment structure 33 of the nut 32 to the paddles 51 and 52, figure 1) and compressor paddles (items 51, 52, figure 1) attached thereto, each of said plurality of compressor paddles configured to fit and move within the hollow interior of a corresponding holding tube, with the corresponding rod configured to sliding move within the linear slot of the corresponding holding tube (figure 5);
a holder frame (items 71, 72, figure 1) with a center (time 75, figure 1) and a plurality of receivers (cavity formed by covers 71 and 72, figures 1 and 5), each receiver configured to hold the bottom end of a corresponding holding tube (figure 5); and
a threaded rod (item 30, figure 1) extending from the center of the daisy head to a motor (abstract and column 5, lines 1-15) positioned below the holder frame (figure 5), wherein the motor is attached to the threaded rod and configured to cause the threaded rod to rotate, thereby moving the daisy head up or down depending on the direction of rotation.
Binder does not explicitly teach that entire assembly is inside a backpack with an interior chamber housing.
Dean teaches a device wherein a liquid sealant dispenser (figures 9-10) that is located inside a backpack (item 80, 83, 50, figure 9) with an interior chamber housing, further comprising a converging funnel (items 84, 86, figure 11) under a holder frame (items 31, 85, 87, 88, figure 11), a sealant application gun (item 7, figure 11), and a sealant hose (item 10, figure 11) running between the converging funnel and the sealant application gun.
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 combined the invention of Binder and Dean such that the liquid sealant dispenser is placed inside an interior cavity of the backpack for easier carrying of the assembly and a simple dispensing operation. Doing so only involves a routine skill in the art and requires minimal modification for increase mobility of the liquid sealant dispenser.
Furthermore, 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 connected the exit nozzle of the liquid sealant dispenser of Binder with a dispensing nozzle and sealant application gun taught by Dean to form a mobile and easy to use the liquid sealant dispenser system.
Regarding claim 3, Binder as modified by Dean teaches that each holding tube is configured to hold a sealant tube or cartridge containing a liquid sealant, and when the motor causes the threaded rod to rotate in a direction moving the daisy head down, each of said plurality of compressor paddles simultaneously compresses the corresponding sealant tube or cartridge (column 5, lines 1-15, Binder), forcing liquid sealant to flow from the sealant tube or cartridge into the converging funnel then into the sealant hose to the sealant application gun (figures 9-11, paragraph [0027], Dean).
Regarding claim 4, Binder as modified by Dean teaches that the sealant application gun comprises a trigger (item 6, figure 10, Dean) and a removable sealant tip (items 4 and 5, figure 10, Dean) for applying the liquid sealant.
Regarding claims 5 and 10, Binder teaches multiple rods (item 50, figures 1 and 5) on the center of the daisy head, and multiple corresponding rods (item 50, figures 1 and 5) on the holder frame attached to the daisy head and the holder frame with corresponding holes).
Regarding claim 6, Binder teaches that each sealant tube or cartridge is removable and replaceable (column 4, lines 55-67, the cartridges are discarded after being used and the assembly is reused with new cartridges).
Regarding claims 7-9, Binder does not explicitly teach that each holding tube is heated and insulated.
However, Dean teaches providing the sealing containers in an insulated and heated environment (paragraphs [0022], [0023], [0025], [0026])to ensure that the sealant is dispensed at an appropriate temperature.
Therefore, 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 provided heating and/or insulation means in the combination device formed by Binder and Dean such that not only the holding tubes are heated but they are also insulated to minimize the heat loss before the liquid sealant can be dispensed at a location at a desired temperature.
Regarding claim 11, Binder teaches that the daisy head has an open position and a closed position, wherein in the closed position the center of the daisy head is engagingly clamped around the threaded rod (figure 5), and in the open position the center of the daisy head is disengaged from the threaded rod (figure 1).
Regarding claim 12, Binder teaches that the tool is operated by battery (column 4, lines 1-2) one or more batteries.
Regarding claim 13, Binder teaches that rotation of the motor is controlled by the battery-operated tool 9column 4, lines 52-67: column 5, lines 1-15). Dean teaches providing a means to heat and insulate the sealant containers (paragraphs [0022], [0023], [0025-0026]).
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 combined the teachings of Binder and Dean to construct a liquid sealant dispenser that includes a direction of rotation control and a temperature control through heating and insulating the holding tubes in order to ensure that an efficient and effective liquid sealant dispensing operation.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following documents disclose subject matter related to liquid sealant dispensers which are hand-held and/or mobile via a carrying mechanism: US PN 3,559,890, US PN 4,934,827, US PN 6,832,797, and US PG PUB 2007/0235471.
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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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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/Vishal Pancholi/Primary Examiner, Art Unit 3754