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 .
Information Disclosure Statement
The listing of references in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “202b” has been used to designate both individual openings whereas one should be labeled “202a”. 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.
Specification
The disclosure is objected to because of the following informalities:
In paragraph [0065], “dip tubes 76, 78” should read “ dip tubes 76, 80”;
In paragraph [0051], “ball 104” should read “ball 112” in two locations; and
In paragraph [0051], “front bottle chamber 104” should read “front bottle chamber 204”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 4 and 10 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, because the specification, while being enabling for the metering device to stop the flow of second fluid after a predetermined amount is allow into the reservoir, does not reasonably provide enablement for the device being:
“configured to sequentially pump the first fluid and the second fluid” as in paragraphs [0051], [0052], [0055], and [0103]”
“pump draws the first fluid into the reservoir when the valve is open and wherein the pump draws the second fluid into the reservoir when the valve is closed”.
The specification does not enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the invention commensurate in scope with these claims.
The flow paths for the first and second fluids are in an independent or parallel configuration. The first fluid flows from the front bottle chamber 204, through dip tube 76 to the first inlet portion 74 of the lower flow chamber 72, and then to the inlet chamber 122 and then to bore 124. The flow path for the second fluid is from the rear bottle chamber 206, through the dip tube 80 to the second inlet portion 78 of the lower flow chamber, and then though the metering valve insert 102 and lumen 104, and then to the inlet chamber 122 and then to bore 124. The inlet chamber 122 is in fluid communication with both the first inlet portion 74 of the first fluid flow path as well as the lumen 104 of the second (metered) fluid flow path. The metering valve insert is not in a direct flow path of the first fluid and does not stop the first fluid from flowing along its independent and parallel path. While the metering valve is “open” and allows the second fluid to flow, the first fluid will also be flowing along its independent path; and while the metering valve is “closed” and interrupts the flow of the second fluid, the first fluid will continue to flow until the reservoir 52 is full and the vacuum pressure is reduced. The first and second fluids may flow asynchronously or independently, but not sequentially. When the valve (ball valve 112) is in the “open” (upper) position, the flow of the second fluid being drawn into the reservoir 52 is interrupted and the flow of the first liquid may continue to flow; but when the valve is in the “closed” (lower or intermediate) position within the tube, the second fluid may flow but the flow of the first fluid being drawn into the reservoir is not interrupted.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim 1-3, 5-9, 11-13, 15, and 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Klima et al. (US 5890624), hereafter Klima.
Regarding claim 1, Klima discloses an assembly for dispensing fluids from multiple containers comprising the following elements:
a bottle (Klima, Fig. 32, 1100) comprising:
a first compartment (Klima, Fig. 32, 1102) comprising a first fluid; and
a second compartment (Klima, Fig. 32, 1120) comprising a second fluid; and
a dispensing head (Klima, Fig. 32, 1110; col. 17 lines 18-20 “pump type sprayhead”) comprising:
an actuator (Klima, Fig. 32, 1110; col. 23 lines 37-41 “trigger pump type spray head”);
a pump (Klima, Fig. 32, 1110; col. 23 lines 37-41 “trigger pump type spray head”) comprising
a reservoir (Klima, Fig. 34, “MC”; col. 21 lines 37-40 “mixing chamber”)
a flow chamber comprising (Klima, Fig. 34, 1152, col. 18 lines 40-60 “lower disk portion”)
a first inlet portion (Klima, col. 21 lines 37-40 “first fluid inlet”),
a second inlet portion (Klima, col. 21 lines 40-42 “second fluid inlet”),
and a metering device that is configured to meter fluid flow (Klima, col. 19 lines 29-37);
and an outlet portion (Klima, col. 21 lines 42-44 “fluid outlet passageway”); wherein:
the first inlet portion of the flow chamber is fluidically coupled to the first compartment of the bottle by a first dip tube (Klima, Fig. 32, 1124);
and the second inlet portion of the flow chamber is fluidically coupled to the second compartment of the bottle by a second dip tube (Klima, Fig. 32, 1122).
Regarding claim 2, Klima discloses a mixing chamber (Klima, Fig. 34, “MC”; col. 21 lines 37-40 “mixing chamber”) configured to mix the first fluid and the second fluid entirely in the reservoir to form a dispensing fluid (Klima, col. 14 line 59-63 “working solution”).
Regarding claim 3, Klima discloses an outlet portion (Klima, Fig. 32, sprayhead 1110) is configured to receive and dispense the dispensing fluid (Klima, col. 20 line 8-15).
Regarding claim 5, Klima discloses at least one of the first inlet portion and/or the second inlet portion of the flow chamber comprises a valve that is configured to prevent fluidic backflow (Klima, col. 20 lines 44-52; col. 23 line 66 – col. 24 line12 “preventing back flow”).
Regarding claim 6, Klima discloses at least one of the first inlet portion and/or the second inlet portion of the flow chamber does not comprise a valve that is configured to prevent fluidic backflow (Klima, col. 19 line 65 – col. 20 line 7 “alternative embodiment”).
Regarding claim 7, Klima discloses a metering device comprising a valve that is configured to prevent fluidic backflow and to close when the reservoir of the flow chamber comprises an amount of the first fluid (Klima, col. 19 lines 8-37; Fig. 34, ball float 1134, funnel-shaped passageways 1148 and 1160C, tubular extension 1158, and fluid passageway 1160).
Regarding claim 8, Klima discloses a metering device comprises a tube comprising the valve, wherein each end of the tube is geometrically restricted to contain the valve within the tube (Klima, col. 19 lines 8-37; Fig. 34, ball float 1134, funnel-shaped passageways 1148 and 1160C, tubular extension 1158, and fluid passageway 1160).
Regarding claim 9, Klima discloses the tube is configured to determine an amount of the first fluid for mixing with the second fluid (Klima, col. 19, lines 29-37).
Regarding claim 11, Klima discloses a valve opens after being closed when the reservoir is full of a dispensing fluid formed by mixing the first fluid and the second fluid in the reservoir (Klima, col. 20 lines 27-33).
Regarding claim 12, Klima discloses a valve is denser than the dispensing fluid in the description of the action of the ball float 1134 which “moves downwardly due to gravity while allowing liquid chemical concentrate to flow around its outside” which indicates the ball float is not buoyant and is inherently denser than the fluid.
Regarding claim 13, Klima discloses a valve selected from the group consisting of check valves, ball valves, duckbill valves, and combinations thereof. Specifically, Klima discloses the metering valve constructed from check valves (Klima, col. 19 lines 29-30 “two (2) one-way valves”).
Regarding claim 15, Klima discloses a method of using a fluid dispensing device comprising the following elements:
Providing a bottle comprising (Klima, Fig. 32, 1100)
Providing a first compartment comprising a first fluid (Klima, Fig. 32, 1102); and
Providing a second compartment comprising a second fluid (Klima, Fig. 32, 1120); and
Providing a dispensing head (Klima, Fig. 32, 1110; col. 17 lines 18-20 “pump type sprayhead”) comprising:
Providing an actuator (Klima, Fig. 32, 1110; col. 23 lines 37-41 “trigger pump type spray head”);
Providing a pump (Klima, Fig. 32, 1110; col. 23 lines 37-41 “trigger pump type spray head”) comprising(Klima, Fig. 32, 1110; col. 23 lines 37-41 “trigger pump type spray head”)
Providing a reservoir (Klima, Fig. 34, “MC”; col. 21 lines 37-40 “mixing chamber”);
Providing a flow chamber comprising (Klima, Fig. 34, 1152, col. 18 lines 40-60 “lower disk portion”)
Providing a first inlet portion (Klima, col. 21 lines 37-40 “first fluid inlet”),
Providing a second inlet portion (Klima, col. 21 lines 40-42 “second fluid inlet”), and
Providing a metering device that is configured to meter fluid flow (Klima, col. 19 lines 29-37); and
Providing an outlet portion (Klima, col. 21 lines 42-44 “fluid outlet passageway”); wherein:
Fluidly coupling the first inlet portion of the flow chamber to the first compartment of the bottle by a first dip tube (Klima, Fig. 32, 1124); and
Fluidly coupling the second inlet portion of the flow chamber to the second compartment of the bottle by a second dip tube (Klima, Fig. 32, 1122);
the method comprising actuating the actuator to dispense a dispensing fluid from the fluid dispensing device (Klima, col. 23 lines 37-40).
Regarding claim 17, Klima discloses the following elements:
The method of claim 15, wherein the method further comprises
mixing the first fluid and the second fluid entirely in the reservoir to form the dispensing fluid (Klima, col. 25 lines 25-29).
Regarding claim 18, Klima discloses the following elements:
The method of claim 15, wherein the method further comprises
receiving the dispensing fluid in the outlet portion (Klima, col. lines 37-40) and
dispensing the dispensing fluid from the outlet portion (Klima, col. lines 37-40).
Regarding claim 19, Klima discloses a method of manufacturing a fluid dispensing device comprising the following elements:
Providing a bottle comprising (Klima, Fig. 32, 1100)
Providing a first compartment comprising a first fluid (Klima, Fig. 32, 1102); and
Providing a second compartment comprising a second fluid (Klima, Fig. 32, 1120); and
Providing a dispensing head (Klima, Fig. 32, 1110; col. 17 lines 18-20 “pump type sprayhead”) comprising:
Providing an actuator (Klima, Fig. 32, 1110; col. 23 lines 37-41 “trigger pump type spray head”);
Providing a pump (Klima, Fig. 32, 1110; col. 23 lines 37-41 “trigger pump type spray head”) comprising(Klima, Fig. 32, 1110; col. 23 lines 37-41 “trigger pump type spray head”)
Providing a reservoir (Klima, Fig. 34, “MC”; col. 21 lines 37-40 “mixing chamber”);
Providing a flow chamber comprising (Klima, Fig. 34, 1152, col. 18 lines 40-60 “lower disk portion”)
Providing a first inlet portion (Klima, col. 21 lines 37-40 “first fluid inlet”),
Providing a second inlet portion (Klima, col. 21 lines 40-42 “second fluid inlet”), and
Providing a metering device that is configured to meter fluid flow (Klima, col. 19 lines 29-37); and
Providing an outlet portion (Klima, col. 21 lines 42-44 “fluid outlet passageway”); wherein:
Fluidly coupling the first inlet portion of the flow chamber to the first compartment of the bottle by a first dip tube (Klima, Fig. 32, 1124); and
Fluidly coupling the second inlet portion of the flow chamber to the second compartment of the bottle by a second dip tube (Klima, Fig. 32, 1122);
the method comprising assembling the bottle with the dispensing head (Klima, Fig. 1, 12 and 16; col. 10 lines 3-5, sprayhead portion 12 and inner threaded coupler 16).
Regarding claim 20, Klima discloses mechanically coupling the bottle to the dispensing head with a fitting selected from the group of snap-fittings, screw fittings, and combinations thereof (Klima, col. 10 lines 1-7, inner threaded coupler 16).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 14 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Klima in view of Park et al. (US 5472119), hereinafter Park.
Regarding claim 14, Klima discloses the invention substantially as claimed, including all of the elements of the fluid dispenser of claim 1 of the current invention except for:
the viscosity of the first fluid is different from a viscosity of the second fluid.
Though Klima discloses the first fluid as a solvent and the second fluid as a chemical liquid the form of a one phase mixture, two phase mixture, a dispersion or any other chemical reagent having liquid characteristics, Klima does not specifically mention differences in viscosity.
Park teaches the viscosity of the first fluid is different from a viscosity of the second fluid (Park, col. 2 lines 19-26) and that the ratio of the liquids to be mixed can be controlled by balancing various factors such length and diameters of the dip tubes.
It would have been obvious to one of ordinary skill in the art of fluid dispensers before the effective filing date of the claimed invention to have combined the disclosures of the fluid dispenser of claim 1 of Klima, with the intentional balancing of factors, such as length and diameters of the dip tubes and the viscosities and specific gravities of the fluids to be dispensed using in the teachings of Park to provide a controlled ratio of the liquids of different viscosities.
Regarding claim 16, Klima discloses the invention substantially as claimed, including all of the elements of claim 15 of the current invention except for:
flowing the first fluid through the first dip tube and flowing the second fluid through the second dip tube, wherein the first dip tube and the second dip tube have substantially similar internal diameters.
Park teaches the choice of several factors in the method of dispensing fluids including the choice of length and diameters of the dip tubes (Park, col. 2 lines 19-26).
It would have been obvious to one of ordinary skill in the art of fluid dispensers before the effective filing date of the claimed invention to have combined the method of using a fluid dispenser of claim 1 of Klima, with the choice of using substantially similar internal diameter tubes when intentionally balancing of factors, such as length and diameters of the dip tubes in the teachings of Park to provide a controlled ratio of liquids of different viscosities.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Smolong (US 5406978 A) discloses a metering valve of a Shuttle Orifice Control Mechanism with substantially similar structure and functionality to metering device of the instant invention.
Tao (CN 203394743 U) discloses a metering valve component with substantially similar structure and functionality to the metering device of the instant invention.
Shade (US 482897 A) discloses a flow control valve for a sprinkler irrigation system with a metering valve with substantially similar structure and functionality to metering device of the instant invention.
Miller (US 5819987 A) discloses a multi-component spray bottle with a metering valve with support for fluids with different viscosities, densities, or specific gravities and includes mixing before dispensing and supports reactive fluids.
O’Neill (US 556250) discloses a trigger sprayer with multiple compartments, adjustable mixture ratio, separate dip tubes, check valves, and a pump chamber for mixing before discharge.
Nottingham et al. (US 5402916 A) discloses a dual chamber sprayer with a metering assembly including a mixing chamber and discharge chamber.
Any inquiry concerning this communication or earlier communications from the
examiner should be directed to ALAN RAYMOND ETZEL whose telephone number is 571-305-5217. The examiner can normally be reached Mon-Thu 7:00a-4:30p Fri 7:00a-11:00a.
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.
/ALAN RAYMOND ETZEL/
Examiner, Art Unit 3754
/PAUL R DURAND/Supervisory Patent Examiner, Art Unit 3754 June 22, 2026
Prosecution Insights