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 .
Drawing Objections
New corrected drawings in compliance with 37 CFR 1.121(d) are required in this application because all Figures are not suitable for reproduction in a published patent document. Applicant is advised to employ the services of a competent patent draftsperson outside the Office, as the U.S. Patent and Trademark Office no longer prepares new drawings. The corrected drawings are required in reply to the Office action to avoid abandonment of the application. The requirement for corrected drawings will not be held in abeyance.
Per 37 CFR 1.84:
(a) Drawings.
(1) Black ink. Black and white drawings are normally required. India ink, or its equivalent that secures solid black lines, must be used for drawings;
(b) Photographs.
(1) Black and white. Photographs, including photocopies of photographs, are not ordinarily permitted in utility and design patent applications.
(l) Character of lines, numbers, and letters. All drawings must be made by a process which will give them satisfactory reproduction characteristics. Every line, number, and letter must be durable, clean, black (except for color drawings), sufficiently dense and dark, and uniformly thick and well-defined. The weight of all lines and letters must be heavy enough to permit adequate reproduction. This requirement applies to all lines however fine, to shading, and to lines representing cut surfaces in sectional views. Lines and strokes of different thicknesses may be used in the same drawing where different thicknesses have a different meaning;
(m) Shading. The use of shading in views is encouraged if it aids in understanding the invention and if it does not reduce legibility. Shading is used to indicate the surface or shape of spherical, cylindrical, and conical elements of an object. Flat parts may also be lightly shaded. Such shading is preferred in the case of parts shown in perspective, but not for cross sections. See paragraph (h)(3) of this section. Spaced lines for shading are preferred. These lines must be thin, as few in number as practicable, and they must contrast with the rest of the drawings. As a substitute for shading, heavy lines on the shade side of objects can be used except where they superimpose on each other or obscure reference characters. Light should come from the upper left corner at an angle of 45°. Surface delineations should preferably be shown by proper shading. Solid black shading areas are not permitted, except when used to represent bar graphs or color.
Claim Rejections - 35 USC § 102/103
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.
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) 1-4, 7, 8, 10, 11, 13-15, 18 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Lafond (U.S. Pub. 2002/0108971).
Regarding claim 1, Lafond discloses a dispensing device (131) for dispensing a viscous material from a cartridge (3) received therein, the dispensing device comprising:
a main housing (83);
a front support (89);
a rear plunger assembly (103, inter alia) spaced apart from the front support by an elongate member (85) to receive and retain the cartridge inserted therebetween, wherein the rear plunger assembly includes a plunger plate (Fig. 16: face of plunger 103) supported in a plunger housing (Fig. 16: 103, 105) above a cutting edge (107) and the rear plunger assembly (along with the dispensing device) is capable of being rotated about an axis parallel to a longitudinal axis of the elongate member; and
a motor (seen in Fig. 19, part of 139) and a gear assembly (97, 99 and seen in Fig. 19) disposed in the main housing, the motor and the gearbox assembly engageable with the elongate member to move one of the front support and the rear plunger assembly toward each other, thereby urging the cutting edge of the rear plunger assembly against an edge of the cartridge as the plunger plate is driven against the cartridge to expel the viscous material therefrom.
Regarding claim 3, Lafond discloses that the rear plunger assembly is disposed in the main housing. (seen in Fig. 15)
Regarding claim 4, Lafond discloses that the motor and the gear assembly are disposed under the rear plunger assembly and substantially within a handle shaped portion (91) defined by the main housing.
Regarding claim 8, Lafond discloses the elongate member, the front support and the main housing, but does not mention if the elongate member and the front support are detachable from the main housing; however, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention, to design the various components to be detachable to aid in cleaning and repair/replacement of parts, since it has been held that constructing a formerly integral structure in various elements requires only routine skill in the art. In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961) MPEP 2144.04 V. C.
Regarding claim 15, Lafond discloses a dispensing device (131) for dispensing a viscous material from a cartridge (3) received therein, the dispensing device comprising:
a main housing (83);
a front support (89);
a rear plunger assembly (103, inter alia) spaced apart from the front support by an elongate member (85) to receive and retain the cartridge inserted therebetween, wherein the rear plunger assembly includes a plunger plate (Fig. 16: face of plunger 103) supported in a plunger housing (Fig. 16: 103, 105) above a cutting edge (107) and the rear plunger assembly (along with the dispensing device) is capable of being rotated about an axis parallel to a longitudinal axis of the elongate member; and
a motor (seen in Fig. 19, part of 139) configured to provide a rotational output to the elongate member to move one of the front support and the plunger plate toward each other, thereby urging the cutting edge of the rear plunger assembly against an edge of the cartridge as the plunger plate is driven against an end of the cartridge to expel the viscous material therefrom.
Regarding claims 7, 13 and 18, the combination, as modified by Lampe, does not mention the length from the front support to an end of the main housing; however, it would have been obvious matter of design choice to one with ordinary skill in the art at the time the application was filed choose a length from the front support to an end of the main housing, such as between 250 mm and 340 mm, depending on cartridge sizes appropriate for the task. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) MPEP 2144.04 IV. B.
Regarding claim 20, Lafond discloses a dispensing device (131) for dispensing a viscous material from a cartridge (3) received therein, the dispensing device comprising:
a main housing (83);
a front support (89);
an elongate member (85) coupled to the front support;
a rear plunger assembly (103, inter alia) coupled at an opposite end of the elongate member, the cartridge received between the front support and the rear plunger assembly, wherein the rear plunger assembly includes a plunger plate (Fig. 16: face of plunger 103) and a cutting edge (107) supported in a plunger housing (Fig. 16: 103, 105); and
a motor (seen in Fig. 19, part of 139) and a gear assembly (97, 99 and seen in Fig. 19) disposed in the main housing, the motor and the gearbox assembly engageable with the elongate member to move one of the front support and the plunger plate toward each other, thereby urging the cutting edge of the rear plunger assembly against an edge of the cartridge as the plunger plate is driven against the cartridge to expel the viscous material therefrom.
Regarding claim 2, Lafond discloses that the motor and gear assembly are configured to drive the elongate member such that the rear plunger is retracted towards the front support upon actuation of the motor and it would have been obvious to one with ordinary skill in the art, prior to the effective filing date of the claimed invention, to reconfigure the dispenser so that the motor and gear assembly drives the elongate member such that the front support is retracted towards the rear plunger assembly upon actuation of the motor, since it has been held that a mere reversal of the essential working parts of a devices involves only routine skill in the art. In re Gazda, 219 F.2d 449, 104 USPQ 400 (CCPA 1955) see MPEP 2144.04 VI. A.
Regarding claim 10, Lafond discloses that the motor and gear assembly are configured to drive the elongate member such that the rear plunger assembly is driven towards the front support upon actuation of the motor.
Regarding claim 11, Lafond discloses that the elongate is an externally threaded rod (101) coupled via the gear assembly to the motor via a lead screw nut (109) movable thereon such that rotation of the motor drives the rear plunger assembly towards and away from the front support.
Regarding claim 14, Lafond discloses that the lead screw nut comprises a split nut (Fig. 16: 109) which are engageable and disengageable from the externally threaded rod via a user actuable lever (111). Lafond does not specify that split nut comprises a pair of split nuts; however, it would have been obvious to one with ordinary skill in the art, prior to the effective filing date of the claimed invention, to duplicate the number of split nuts, or using a split nut with a pair of halves, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. In re Harza, 274 F.2d 669, 124 USPQ 378 see MPEP 2144.04 VI. B.
Claim(s) 16, 6, 12, 17, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lafond as applied to claim 15 above, and further in view of Lampe, et al. (“Lampe”) (U.S. Pub. 2008/0006654).
Regarding claim 16, Lafond does not disclose that the front support and the elongate member are moveable relative to the main housing from an extended state to a retracted state.
Lampe discloses a dispenser with a front support (124) and an elongate member (113, 115) that are moveable relative to the main housing from an extended state to a retracted state.
Therefore, it would have been obvious to one with ordinary skill in the art, prior to the effective filing date of the claimed invention, to substitute Lafond’s elongate member with Lampe’s retractable elongate member, which is moveable relative to the main housing and front support, since doing so would be a mere substitution of one known plunger configuration for another known plunger configuration with the expected results that the substituted retractable plunger configuration would drive the plunger against the cartridge to expel the viscous material therefrom (see MPEP 2143 I B).
Regarding claims 6 and 17, the combination, as modified by Lampe, does not mention the length from the front support to an end of the main housing in the extended state; however, it would have been obvious matter of design choice to one with ordinary skill in the art at the time the application was filed choose a length from the front support to an end of the main housing in the extended state, such as between 250 mm and 340 mm, depending on cartridge sizes appropriate for the task. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) MPEP 2144.04 IV. B.
Regarding claims 12 and 19, the combination, as modified by Lampe, does not mention the length from the front support to an end of the main housing in the retracted state; however, it would have been obvious matter of design choice to one with ordinary skill in the art at the time the application was filed choose a length from the front support to an end of the main housing in the retracted state, such as between 260 mm and 340 mm, depending on cartridge sizes appropriate for the task. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) MPEP 2144.04 IV. B.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lafond as applied to claim 20 above, and further in view of Miyata (U.S. Pat. 4,669,636).
Regarding claim 9, Lafond discloses that the elongate member is driven by a pinion gear of the gear assembly upon actuation of the motor but does not disclose that the elongate member is a toothed rack. Miyata discloses a dispensing device wherein an elongate member is a toothed rack (14, 15) which is driven by a pinion gear (13) of a gear assembly (12) upon actuation of a motor (11). Therefore, it would have been obvious to one with ordinary skill in the art, prior to the effective filing date of the claimed invention, to substitute Lafond’s elongate member with Miyata’s elongate member, which is a toothed rack driven by a pinion, since doing so would be a mere substitution of one known elongate member configuration for another known elongate member configuration with the expected results that the substituted elongate member would move one of the front support and the plunger plate toward each other, thereby urging the cutting edge of the rear plunger assembly against an edge of the cartridge as the plunger plate is driven against the cartridge to expel the viscous material therefrom. see MPEP 2143 I. B.
Allowable Subject Matter
Claim 5 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.
Claim 5 requires, inter alia, that the plunger housing is generally circular in cross section and is rotatably received in a corresponding circular aperture defined in the main housing. Lafond is considered the closest prior art which discloses a plunger housing, but does not disclose that it is rotatably received in a corresponding circular aperture defined in the main housing and it would not have been obvious to modify Lafond as required barring hindsight analysis.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See form PTO-892, attached.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL J MELARAGNO whose telephone number is (571)270-7735. The examiner can normally be reached Mon - Fri: 8 am - 5 pm +/- flex.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MICHAEL J. MELARAGNO/ Examiner, Art Unit 3754