DETAILED ACTION
Claim Interpretation
In regard to method claims below the combination of Boger and McGuffey does not explicitly disclose the method. However, the combination does teach or disclose all of the structural limitations of the claimed invention and is therefore capable of inherently performing the method set forth in these claims. Under the principles of inherency, if a prior art device, in its normal and usual operation, would necessarily perform the method claimed, then the method claimed will be considered to be anticipated by the prior art device. See MPEP § 2112.02.
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)(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.
Claim(s) 9-11 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Boger (US 20040099752 A1).
Claim 9, Boger discloses supplying a fluid material from a supply assembly (10; [0015]; FIG 1); varying a first rate of a first portion of the fluid material supplied to a first applicator (22, 20,14, 56; FIG 2; [0016], [0021; 22 can be a gear pump to vary flow rate]); varying a first pressure of a second portion of the fluid material supplied to a second applicator ([0019], [0021]; 22 can be a pressure source which would inherently vary pressure to control flow); distributing the first portion of the fluid material via the first applicator (FIG 3-4); and distributing the second portion of the fluid material via the second applicator (FIG 3-4; [0019] - [0021]).
Claim 10, Boger discloses varying a second pressure of the first portion of the fluid material after varying the first rate of the first portion of the fluid material (22, 20,14; FIG 2; [0016], [0021]).
Claim 11, Boger discloses a second rate of the second portion of the fluid material after varying the first pressure of the second portion of the fluid material (22, 20,14; FIG 2; [0016], [0021]).
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) 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Boger, as applied to claim 9, and in further view of McGuffey et al (US 7770760 B2).
Claim 6, Boger substantially discloses the apparatus as claimed above but is silent on one or more filters positioned between the pressure controlling assembly and the second applicator for the second portion of the fluid material to pass through from the pressure controlling assembly to the second applicator.
McGuffey teaches one or more filters (272; FIG 5) positioned between the pressure controlling assembly and the second applicator for the second portion of the fluid material to pass through from the pressure controlling assembly to the second applicator.
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 Boger with filter as taught by McGuffey in order to provide a filter for filtering.
Claim 12, Boger substantially discloses the apparatus as claimed above but is silent on filtering the first portion of the fluid material before the first portion of the fluid material is supplied to the first applicator.
McGuffey teaches a filter (272; FIG 5).
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 Boger with filter as taught by McGuffey in order to provide a filter for filtering.
Claim 13, Boger substantially discloses the apparatus as claimed above but is silent on filtering the second portion of the fluid material before the second portion of the fluid material is supplied to the second applicator.
McGuffey teaches a filter (272; FIG 5).
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 Boger with filter as taught by McGuffey in order to provide a filter for filtering.
Claim 18, Boger substantially discloses the apparatus as claimed above but is silent on one or more filters positioned between the pressure controlling assembly and a second applicator that applies the fluid adhesive to a product surface.
McGuffey teaches a filter (272; FIG 5).
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 Boger with filter as taught by McGuffey in order to provide a filter for filtering.
Allowable Subject Matter
Claims 1-8, 14-20 are allowed.
Response to Arguments
Applicant’s arguments, see pages 7-9, filed 5/18/2026, with respect to claims 1 and 14 have been fully considered and are persuasive. The rejections of claims 1-8, 14-20 have been withdrawn.
Applicant's arguments filed 5/18/2026, regarding claim 9, have been fully considered but they are not persuasive.
Regarding claim 9, In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., amended features of claims 1 and 14) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
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.
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.
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JEREMY W. CARROLL
Primary Examiner
Art Unit 3754
/Jeremy Carroll/Primary Examiner, Art Unit 3754
Prosecution Insights