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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-9 of this instant application are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, 5-6, 11 and 13-15 of U.S. Patent No. 11,597,585. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Instant Application Claims
Patent No. 11,597,585
1. A valve for dispensing flowable product from a container comprising: a mounting cup for mounting the valve on the container; a seal supported on the mounting cup, the seal having an interior surface defining a passage having a longitudinal axis; and a valve stem received in the passage of the seal, the valve stem including a stem body having a longitudinal axis extending longitudinally within the seal, wherein at least a longitudinal portion of the stem body is free from engagement with the interior surface of the seal to define an annular longitudinal passage section therebetween, and a baffle extending radially outward from the stem body, wherein a radially outer edge margin of the baffle engages the interior surface of the seal to restrict flow of the flowable product between the radially outer edge margin of the baffle and the interior surface of the seal, wherein the baffle defines an opening extending longitudinally therethrough in communication with the annular longitudinal passage section.
2. The valve as set forth in claim 1, wherein the annular longitudinal passage section includes first and second annular longitudinal passage sections, wherein the baffle is disposed longitudinally between the first and second annular longitudinal passage sections, wherein the opening in the baffle fluidly connects the first and second annular longitudinal passage sections.
1. A valve for dispensing flowable product from a container, the valve having a valve passage extending along a valve axis, the valve being configured so that the flowable product in the container is passable through the valve passage when the valve is opened to discharge the flowable product from the container, the valve comprising: a mounting cup for mounting the valve on the container; a seal supported on the mounting cup; and a valve stem extending through the seal, wherein the seal and the valve stem define an annular passage section of the valve passage that extends longitudinally along the valve axis radially between the valve stem and the seal; wherein the valve stem comprises a baffle extending transverse to the valve axis, the baffle defining a flow restriction along the annular passage section, wherein the baffle has first portion and a second portion diametrically opposite the first portion with respect to the valve axis, wherein the first portion of the baffle has a first circumferential side, a second circumferential side, and a radially outer edge margin extending from the first circumferential side to the second circumferential side, wherein the second portion of the baffle has a first circumferential side, a second circumferential side, and a radially outer edge margin extending from the respective the first circumferential side to the respective second circumferential side, wherein the radially outer edge margin of the first portion of the baffle opposes a first circumferential segment of the seal, wherein the radially outer edge margin of the second portion of the baffle opposes a second circumferential segment of the seal, wherein the first circumferential side of the first portion of the baffle, the second circumferential side of the second portion of the baffle, and a third circumferential segment of the seal define a first restricted opening through which the flowable product is passable across the baffle, and wherein the first circumferential side of the second portion of the baffle, the second circumferential side of the first portion of the baffle, and a fourth circumferential segment of the seal define a second restricted opening through which the flowable product is passable across the baffle.
3. The valve as set forth in claim 1, wherein the opening in the baffle extends through the radially outer edge margin of the baffle such that the radially outer edge margin engages the inner surface along a circumferential segment of the inner surface having an arc angle with respect to the valve axis of less than 360 degrees.
3. The valve as set forth in claim 2, wherein the radially outer edge margin of the baffle engages the inner surface along a circumferential segment of the inner surface having an arc angle with respect to the valve axis of less than 360 degrees.
4. The valve as set forth in claim 1, wherein the opening in the baffle includes a plurality of openings spaced apart around the baffle.
14. The valve as set forth in claim 1, wherein the baffle defines one or more restricted openings through which the flowable product is passable along the valve axis across the baffle, the annular passage section having a maximum cross-sectional area and the one or more restricted openings having a combined cross-sectional area that is less than 50% of said maximum cross-sectional area.
5. The valve as set forth in claim 1, wherein the baffle is a first baffle, the valve stem further comprising a second baffle at a location spaced apart longitudinally from the first baffle.
5. The valve as set forth in claim 1, wherein the baffle is a first baffle, the valve stem further comprising a second baffle at a location spaced apart from the first baffle along the valve axis.
6. The valve as set forth in claim 5, wherein the openings in the first and second baffles are circumferentially.
6. The valve as set forth in claim 5, wherein the first and second baffles are configured to direct the flowable product flowing along the valve passage to flow across the first and second baffles through the respective restricted openings that are circumferentially offset about the valve axis.
7. The valve as set forth in claim 1, wherein the stem body has a cruciform cross-sectional shape.
11. The valve as set forth in claim 1, wherein the valve stem comprises a stem body that extends along the valve axis through the seal, the stem body having a cruciform cross-sectional shape.
8. The valve as set forth in claim 1, wherein the seal comprises a lip that extends radially inwardly from the interior surface toward the stem body.
13. The valve as set forth in claim 11, wherein the seal comprises a lip that extends radially inwardly toward the stem body to define another flow restriction along the generally annular passage section.
9. The valve as set forth in claim 1, further comprising a nozzle having an opening defining an outlet of the valve passage, wherein the nozzle further comprises a nozzle baffle spaced apart along the longitudinal axis between the open end of the nozzle and the generally annular passage segment, the nozzle baffle defining a flow restriction along the valve passage between generally annular passage segment and the outlet.
15. The valve as set forth in claim 1, further comprising a nozzle having an opening defining an outlet of the valve passage, wherein the nozzle further comprises a nozzle baffle spaced apart along the longitudinal axis between an open end of the nozzle and the annular passage section, the nozzle baffle defining a flow restriction along the valve passage between the annular passage section and the outlet.
It is clear that all the elements of claims 1-9 of this instant application are to be found in claims 1, 3, 5-6, 11 and 13-15 of the patent. The difference between claims of the application and the patent lies in the fact that the patent claim includes many more elements and is thus much more specific. Thus the invention of claims of the patent is in effect a “species” of the “generic” invention of claims of the application. It has been held that the generic invention is “anticipated” by the “species”. See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). Since claims of the application is anticipated by claims of the patent as cited in the above, the claims of the application are not patentably distinct from claims of the patent.
Claims 1-9 of this instant application are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-9 of U.S. Patent No. 12,084,262. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Instant Application Claims
Patent No. 12,084,262
1. A valve for dispensing flowable product from a container comprising: a mounting cup for mounting the valve on the container; a seal supported on the mounting cup, the seal having an interior surface defining a passage having a longitudinal axis; and a valve stem received in the passage of the seal, the valve stem including a stem body having a longitudinal axis extending longitudinally within the seal, wherein at least a longitudinal portion of the stem body is free from engagement with the interior surface of the seal to define an annular longitudinal passage section therebetween, and a baffle extending radially outward from the stem body, wherein a radially outer edge margin of the baffle engages the interior surface of the seal to restrict flow of the flowable product between the radially outer edge margin of the baffle and the interior surface of the seal, wherein the baffle defines an opening extending longitudinally therethrough in communication with the annular longitudinal passage section.
1. A valve for dispensing flowable product from a container, the valve having an upstream end and a downstream end, whereby when the valve is attached to the container and opened, the flowable product is dispensed through the valve in an upstream-to-downstream direction, the valve comprising: a mounting cup for mounting the valve on the container; a seal supported on the mounting cup, the seal having an interior surface defining a passage having a longitudinal axis extending in the upstream-to-downstream direction, and a valve seat at an upstream end of the seal; and a valve stem including a stem body having a longitudinal axis extending longitudinally within the passage of the seal, wherein at least a longitudinal portion of the stem body is free from engagement with the interior surface of the seal to define an annular longitudinal passage section therebetween, an upstream portion at an upstream end of the stem body and configured to sealingly engage the valve seat of the seal to inhibit flowable product from flowing into the annular longitudinal portion section, and a baffle extending radially outward from the stem body at a location downstream of the upstream portion of the valve stem, wherein a radially outer edge margin of the baffle engages the interior surface of the seal at a location downstream of the valve seat to restrict flow of the flowable product between the radially outer edge margin of the baffle and the interior surface of the seal, wherein the baffle defines an opening extending longitudinally therethrough in communication with the annular longitudinal passage section.
2. The valve as set forth in claim 1, wherein the annular longitudinal passage section includes first and second annular longitudinal passage sections, wherein the baffle is disposed longitudinally between the first and second annular longitudinal passage sections, wherein the opening in the baffle fluidly connects the first and second annular longitudinal passage sections.
2. The valve as set forth in claim 1, wherein the annular longitudinal passage section includes first and second annular longitudinal passage sections, wherein the baffle is disposed longitudinally between the first and second annular longitudinal passage sections, wherein the opening in the baffle fluidly connects the first and second annular longitudinal passage sections.
3. The valve as set forth in claim 1, wherein the opening in the baffle extends through the radially outer edge margin of the baffle such that the radially outer edge margin engages the inner surface along a circumferential segment of the inner surface having an arc angle with respect to the valve axis of less than 360 degrees.
3. The valve as set forth in claim 1, wherein the opening in the baffle extends through the radially outer edge margin of the baffle such that the radially outer edge margin engages the inner surface along a circumferential segment of the inner surface having an arc angle with respect to the valve axis of less than 360 degrees.
4. The valve as set forth in claim 1, wherein the opening in the baffle includes a plurality of openings spaced apart around the baffle.
4. The valve as set forth in claim 1, wherein the opening in the baffle includes a plurality of openings spaced apart around the baffle.
5. The valve as set forth in claim 1, wherein the baffle is a first baffle, the valve stem further comprising a second baffle at a location spaced apart longitudinally from the first baffle.
5. The valve as set forth in claim 1, wherein the baffle is a first baffle, the valve stem further comprising a second baffle at a location spaced apart longitudinally from the first baffle, the second baffle extending radially outward from the stem body at a location downstream of the upstream portion, wherein a radially outer edge margin of the second baffle engages the interior surface of the seal downstream of the valve seat to restrict flow of the flowable product between the radially outer edge margin of the second baffle and the interior surface of the seal, wherein the second baffle defines an opening extending longitudinally therethrough in communication with the annular longitudinal passage section.
6. The valve as set forth in claim 5, wherein the openings in the first and second baffles are circumferentially.
6. The valve as set forth in claim 5, wherein the openings in the first and second baffles are circumferentially.
7. The valve as set forth in claim 1, wherein the stem body has a cruciform cross-sectional shape.
7. The valve as set forth in claim 1, wherein the stem body has a cruciform cross-sectional shape.
8. The valve as set forth in claim 1, wherein the seal comprises a lip that extends radially inwardly from the interior surface toward the stem body.
8. The valve as set forth in claim 1, wherein the seal comprises a lip that extends radially inwardly from the interior surface toward the stem body.
9. The valve as set forth in claim 1, further comprising a nozzle having an opening defining an outlet of the valve passage, wherein the nozzle further comprises a nozzle baffle spaced apart along the longitudinal axis between the open end of the nozzle and the generally annular passage segment, the nozzle baffle defining a flow restriction along the valve passage between generally annular passage segment and the outlet.
9. The valve as set forth in claim 1, further comprising a nozzle having an opening defining an outlet of the valve passage, wherein the nozzle further comprises a nozzle baffle spaced apart along the longitudinal axis between the open end of the nozzle and the generally annular passage segment, the nozzle baffle defining a flow restriction along the valve passage between annular passage segment and the outlet.
It is clear that all the elements of claims 1-9 of this instant application are to be found in claims 1-9 of the patent. The difference between claims of the application and the patent lies in the fact that the patent claim includes many more elements and is thus much more specific. Thus the invention of claims of the patent is in effect a “species” of the “generic” invention of claims of the application. It has been held that the generic invention is “anticipated” by the “species”. See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). Since claims of the application is anticipated by claims of the patent as cited in the above, the claims of the application are not patentably distinct from claims of the patent.
Following the rationale of in In re Goodman cited in the preceding paragraph, where applicant has once been granted a patent containing a claim for the specific or narrower invention, applicant may not then obtain a second patent with a claim for the generic or broader invention without first submitting an appropriate terminal disclaimer.
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.
Claim 9 is 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.
The term “generally” in claim 9 is a relative term which renders the claim indefinite. The term “generally” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Applicant is advised to delete the term.
Claim 6 recites the limitation "the openings" in line 1. There is insufficient antecedent basis for this limitation in the claim. While the first baffle is defined to have an opening as cited in claim 1, an opening for the second baffle has not been cited previously.
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.
Claims 1-4 and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by
Rueschhoff (US 2006/0076365).
Regarding claim 1, Rueschhoff discloses a valve (20) for dispensing flowable product from a container (54) comprising: a mounting cup (50) for mounting the valve on the container; a seal (30) supported on the mounting cup (see fig.1), the seal having an interior surface defining a passage having a longitudinal axis (in area 32); and a valve stem (44) received in the passage of the seal, the valve stem including a stem body having a longitudinal axis extending longitudinally within the seal (see fig.1), wherein at least a longitudinal portion of the stem body is free from engagement with the interior surface of the seal to define an annular longitudinal passage section therebetween (32, see fig.1), and a baffle (42, 46, 48) extending radially outward from the stem body, wherein a radially outer edge margin of the baffle engages the interior surface of the seal to restrict flow of the flowable product between the radially outer edge margin of the baffle and the interior surface of the seal (see area 34 and 42 in fig.1), wherein the baffle defines an opening (openings between 46) extending longitudinally therethrough in communication with the annular longitudinal passage section (see fig.1 and 4).
Regarding claim 2, Rueschhoff discloses the annular longitudinal passage section includes first and second annular longitudinal passage sections, wherein the baffle is disposed longitudinally between the first and second annular longitudinal passage sections, wherein the opening in the baffle fluidly connects the first and second annular longitudinal passage sections (see passages in fig.4).
Regarding claim 3, Rueschhoff discloses the opening in the baffle extends through the radially outer edge margin of the baffle such that the radially outer edge margin engages the inner surface along a circumferential segment of the inner surface having an arc angle with respect to the valve axis of less than 360 degrees (see area 34 and 42 in fig.1).
Regarding claim 4, Rueschhoff discloses the opening in the baffle includes a plurality of openings spaced apart around the baffle (openings between 46).
Regarding claim 7, Rueschhoff discloses the stem body has a cruciform cross- sectional shape (see figs.2 and 4).
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 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over
Rueschhoff (US 2006/0076365) in view of Holzboog (US 6,113,070).
Rueschhoff discloses the first baffle (48, 46, 42) having openings that are circumferentially. Rueschhoff is silent in disclosing the valve stem further comprising a second baffle at a location spaced apart longitudinally from the first baffle and the openings of the second baffle are circumferentially. However, Holzboog teaches a valve stem (24) having a second baffle with openings being circumferentially (see fig.3C). It would have been obvious to one having ordinary skill in the art before the effective filling date of the application to add a second baffle as taught by Holzboog to the valve stem of Rueschhoff, in order to manipulate the fluid direction.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over
Rueschhoff (US 2006/0076365) in view of Michel (US 2,957,610).
Rueschhoff is silent in disclosing the seal comprises a lip that extends radially inwardly from the interior surface toward the stem body. However, Michel teaches the obviousness of having a seal lip that extends radially inwardly from the interior surface toward the stem body (see area 24 of the seal 22 toward valve stem 44 in fig.2). It would have been obvious to one having ordinary skill in the art before the effective filling date of the application to add a lip as taught by Michel to the seal of Rueschhoff, in order to restrict and control the outflow of the liquid as desired.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over
Rueschhoff (US 2006/0076365) in view of Schultz (US 3,920,165).
Rueschhoff is silent in disclosing a nozzle with an opening defining an outlet of the valve passage, wherein the nozzle further comprises a nozzle baffle spaced apart along the longitudinal axis between the open end of the nozzle and the generally annular passage segment, the nozzle baffle defining a flow restriction along the valve passage between generally annular passage segment and the outlet. However, Schultz teaches the common feature of having a nozzle (24) having an opening defining an outlet of the valve passage (opening between 24, see fig.2), wherein the nozzle further comprises a nozzle baffle (35) spaced apart along the longitudinal axis between the open end of the nozzle and the generally annular passage segment (see fig.1-2), the nozzle baffle defining a flow restriction along the valve passage between generally annular passage segment and the outlet (35 in restricted position in fig.1). It would have been obvious to one having ordinary skill in the art before the effective filling date of the application to add a nozzle as taught by Schultz to the outlet valve of Rueschhoff, in order to control the outflow of the liquid efficiently.
Conclusion
The following prior arts: Baker (US 2020/0062490), Turk (US 2,992,760), Rosen (US 3,758,007) and Brill (US 3,954,208) as cited in PTO-892 are also citing significant pertinent structures or features to the applicant’s claimed invention with regard to a valve having a mounting cup, seal, valve stem and baffle. It appears that claim 1 does not provide any inventive concept over the cited prior arts.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Bob Zadeh whose telephone number is (571)270-5201. The examiner can normally be reached Monday-Friday 8am-4pm E.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Paul Durand can be reached on (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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/BOB ZADEH/Primary Examiner, Art Unit 3754