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 .
Response to Amendment
The amendment filed 11 August 2026 has been entered. Applicant has cancelled claim 4 and amended claims 1, 15 and 19. Claims 1-3 and 5-20 remain pending examination. Applicant’s amendments overcome each and every objection to the Specification and Drawings.
Drawings
The amended drawing of Fig. 2 filed by the applicant on 11 August 2026 is noted and accepted.
However, the drawings are objected to because of possible misinterpretation of the features of the flow paths of the two fluids from the bottles to the pump reservoir requires that the shaded drawings of Figs. 5 and 13A-13C be resubmitted as black-and-white line drawings.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
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, 15 and 19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential structural cooperative relationships of elements, such omission amounting to a gap between the necessary structural connections. See MPEP § 2172.01. The omitted structural cooperative relationships are:
which structural elements or procedural steps of the fluid dispensing device are “configured to sequentially pump the first fluid and the second fluid”.
It would be unclear as to how a person of ordinary skill in the art would perform the task of configuring the devices and methods of claims 1, 15 and 19 to perform the stated function.
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 “sequentially”, as applied to the two fluids in claims 1, 10 and 15 is used by the claim appears to mean “a metered amount of one fluid” to enter the reservoir, while the accepted meaning is “one fluid and then the other fluid”.
The term “sequentially pump the first fluid and the second fluid into the reservoir” in claims 1, 10 and 15 is used by the claim to mean, to the best that the examiner can understand the structures supported by specification, to mean “to pump one fluid simultaneously with another fluid, whereas one of the fluid paths may be blocked, interrupted or stopped while the other fluid may continue to flow”. The term is indefinite because the specification does not clearly redefine the term.
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)(l) 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")
wherein the fluid dispensing device is configured to sequentially pump the first fluid and the second fluid into the reservoir (Klima, col. 21 lines 45-56 and col. 22 lines 2-8);
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 Implicit 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);
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 spray head") 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"),
Configuring the fluid dispensing device is to sequentially pump the first fluid and the second fluid into the reservoir (Klima, col. 21 lines 45-56 and col. 22 lines 2-8);
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 spray head") 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
Providing a reservoir (Klima, Fig. 34, "MC"; col. 21 lines 37-40 "mixing chamber");
Configuring the fluid dispensing device to sequentially pump the first fluid and the second fluid into the reservoir;
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, spray head 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 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.
Response to Arguments
Applicant's arguments filed 11 August 2026 to withdraw the rejection of claim 10 under the enablement requirement has been found to be persuasive. The specification has been shown to support the two phases of the flow conditions for fluid “wherein the 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”.
Applicant’s remaining arguments filed 11 August 2026 to withdraw the rejection of claim 4 under the enablement requirement of 35 U.S.C. §112(a) is not persuasive. In the mailing of Applicant Arguments/Remarks dated 11 August 2026, the Applicant affirms the examiners interpretation of the phrase that “sequentially pump the first fluid and the second fluid” in claim 4 (original) means that “the second fluid is drawn into the reservoir first and then stopped, and then the first fluid is drawn into the reservoir second and mixed with the first fluid” (Applicant Arguments/Remarks, dated 11 August 2026, section IV, page 12 second paragraph) and further cites the operation of the device as illustrated in Figs. 13A-13C. However, the specification discloses no structural element which would cause the second flow path of the fluid from the front bottle, as shown in Fig. 13B, to be blocked during the phase when the first flow path from the rear bottle is enabled; both flow paths occur simultaneously from both front and rear chambers into the mixing chamber until the ball 112 is seated in the upper sealing surface of the metering chamber. Thus, the Applicant is using the term “sequentially” in the widely accepted meaning of sequentially as “one following another” or “serial”. As such, there is no disclosure provided for a device that sequentially pumps the two fluids. However, for purposes of this re-examination of the amended claims, the term “sequentially pumped” will be understood to include the case that one of the fluid paths may be interrupted or stopped, independently of the other.
Also regarding claims 4, Applicant further argues that rejection of original claims 4 (and 10) are supported in the Specification by identifying the description of the operation of the device. The portions of the flow identified do describe two accepted actions in the operation of the device: when the ball valve transitions from the first position to the second and the second (metered) fluid fills the reservoir and when the ball valve seals the metering chamber and stops the flow of the second fluid and allows the first fluid to enter the reservoir when the second fluid has stopped. What is not presented whether the first fluid (front chamber) simultaneously flows to the reservoir while the second (metered) flows to the reservoir in the first stage of operation.
Regarding the rejection of claims 1-3, 5-9, 11-13, 15, and 17-20 under 35 USC.§ 102(a)(l) as allegedly anticipated by Klima (US 5,890,624). Applicant claims, because no prior art rejection of claim 4 was presented in the Non-final Office Action mailed 25 June 2026, that by incorporating the language of the original claim 4 into the amended claims 1, 15 and 19, that those amended claims 1, 15 and 19 should be allowable. However, the original claim 4 was not rejected through prior art because of outstanding issues of description and interpretation of the claim, but neither was it indicated as being allowable.
Regarding claims 14 and 16, Applicant incorrectly states that these claims were “rejected under 35 USC. § 102(a)(J) as allegedly being anticipated by Klima (US 5,890,624) in view of Park (US 5,472,119)” (Applicant Arguments/Remarks, dated 11 August 2026, section VI, page 12 last paragraph), whereas claims 14 and 16 were rejected under 35 U.S.C. 103 as being unpatentable (obvious to one of ordinary skill in the art) over Klima in view of Park et al. (US 5472119).
Applicant asserts that “Park does not teach or suggest all the elements of the present claims”. In response to the applicant's arguments against the references individually, one cannot show non-obviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
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.
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/ALAN RAYMOND ETZEL/
Examiner, Art Unit 3754
/PAUL R DURAND/Supervisory Patent Examiner, Art Unit 3754 September 8, 2026
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