DETAILED ACTION
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) 1-2, 6-7 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Wang (WO 2022027926 A1).
Claim 1, Wang discloses a press head (2), a pump housing (1), a lock bottle cap (10), a locking cap (51) a pump rod (41), a spring (5), a one-way valve (102), a piston (42), and a dip tube (12) made of a same plastic material (par. [00271 or [00481), wherein the lock bottle cap (10) is connected to an upper end (105) of the pump housing in an inserted mode; the pump housing is provided with an upper pump chamber (103) and a lower pump chamber (101); the locking cap (51) is disposed (fig. 2) between the upper pump chamber and the lower pump chamber; an upper end (403) of the pump rod (41) is fixedly inserted into the press head (2); the pump rod (41 ) passes through the locking cap (51) and extends into the lower pump chamber (101); the spring (5) is disposed in the upper pump chamber (103); the pump rod (41) is provided with a suction channel (401); a lower end of the pump rod is provided with a liquid inlet (406) connecting the suction channel and the lower pump chamber (101); the piston (42) is located in the lower pump chamber (101) and is arranged around the pump rod to move up and down along with the pump rod; the one-way valve (102) is located at a lower end of the lower pump chamber; and the dip tube (12) is connected to a lower end of the pump housing in an inserted mode;
wherein a locking structure restricting an upward and downward movement of the lock bottle cap is disposed on an outer wall of the pump housing (1);
wherein the locking structure comprises a clamping groove (105; FIG 3) formed in the pump housing, a locking convex ring, and a clamping ring (305; FIG 9) disposed on the lock bottle cap, and an upper side of the locking convex ring is provided with a conical surface gradually expanding from top to bottom, and an inner side surface of the clamping ring close to the pump housing is a conical surface gradually expanding from top to bottom (FIG 3, 9).
Claim 2, Wang discloses wherein the press head, the pump housing, the lock bottle cap, the locking cap, the pump rod, the spring, the one-way valve, the piston, and the dip tube are all made of a Polypropylene material ([0048]).
Claim 6, Wang discloses wherein the pump rod is provided with an upper limiting stand and a lower limiting stand (FIG 2) above and below the liquid inlet respectively, the piston is located between the upper limiting stand and the lower limiting stand and is movable between the upper limiting stand and the lower limiting stand up and down, and the piston is provided with a sealing ring capable of cooperating with the lower limiting stand to achieve a sealed connection; when the lower limiting stand presses upwards on the sealing ring, communication between the suction channel and the lower pump chamber is cut off; when the pump rod moves downwards, the lower limiting stand is separated from the sealing ring downwards, and the suction channel is communicated with the lower pump chamber through the liquid inlet, and the upper limiting stand moving downwards for a section is capable of pressing the piston to push the piston to move downwards.
Claim 7, Wang discloses wherein an inner sleeve (FIG 2) cooperating with the pump rod is disposed on the piston, the sealing ring is disposed at a lower end of the inner sleeve, the inner sleeve cooperates with the upper limiting stand through an upper end surface of the inner sleeve and is in sealed connection when the upper limiting stand presses downwards the upper end surface of the inner sleeve, and an upper end of the inner sleeve is provided with a convex ring protruding inwards and interfering and cooperating with an outer side wall of the pump rod.
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) 3 is rejected under 35 U.S.C. 103 as being unpatentable over Wang.
Claim 3, Wang discloses the claimed invention except for gasket is made of same material as lock bottle cap. It would have been obvious to one having ordinary skill in the art at the time the invention was made to make the gasket and cap out of the same material to improve the ease with which it can be recycled, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious engineering choice. Selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination (MPEP 2144.07).
Claim(s) 8-9, 10 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Wang as applied to claim 1 above, and further in view of Li et al. (CN 214932184 U).
Claim 8, Wang substantially discloses the apparatus as claimed above but is silent on wherein the spring is integrally formed by injection molding.
Li teaches wherein the spring is integrally formed by injection molding ([0010]).
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 Wang with spring as taught by Li in order to provide an injection molded spring.
Claim 9, the modified apparatus of Wang teaches wherein the spring is of a hollow structure that is open at both ends, comprising an upper cup body, a lower cup body (Li: 52, 43; FIG 1), and a straight cylinder body connecting the upper cup body and the lower cup body, all of which are elastic; the upper cup body and the lower cup body are symmetrical and shaped into a cup shape; each of inner diameters of the upper cup body and the lower cup body gradually expands from one end close to the straight cylinder body to the other end, and an outer protrusion is disposed at one end of each of the upper cup body and the lower cup body away from the straight cylinder body.
Claim 10, the modified apparatus of Wang teaches wherein the spring is of a hollow structure that is open at both ends, comprising an upper bowl body and a lower bowl body (Li: 52, 53; FIG 1), both of which are elastic; the upper bowl body and the lower bowl body are symmetrical up and down, and the upper bowl body is shaped into a bowl-shaped structure with a large upper end and a small lower end, and the lower bowl body is shaped into a bowl-shaped structure with a small upper end and a large lower end; and the lower end of the upper bowl body and the upper end of the lower bowl body are connected to each other.
Claim 10, Wang substantially discloses the apparatus as claimed above but is silent on wherein a buckle capable of preventing the press head from being pressed downwards is detachably connected to the pump rod between the lock bottle cap and the press head, and the buckle is made of the same plastic as the lock bottle cap.
Li teaches locking buckle (10; FIG 1).
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 Wang with buckle as taught by Li in order to provide a limiting piece to limit movement.
Claim(s) 11 are rejected under 35 U.S.C. 103 as being unpatentable over Wang as applied to claim 8 above, and further in view of Liang et al (CN 114394327 A).
Claim 11, Wang substantially discloses the apparatus as claimed above but is silent on wherein the spring is an elastic plastic ring-shaped member with an opening in a side surface, and a reinforcing rib is disposed on an outer side surface of the elastic plastic ring-shaped member.
Liang teaches wherein the spring (6; FIG 4) is an elastic plastic ring-shaped member with an opening in a side surface, and a reinforcing rib is disposed on an outer side surface of the elastic plastic ring-shaped member.
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 Wang with spring as taught by Li in order to provide an more stable spring.
Response to Arguments
Applicant's arguments filed 5/18/2026 have been fully considered but they are not persuasive. Citations have been updated for clarity in the rejection above.
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., location of top and bottom) 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.
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.
JEREMY W. CARROLL
Primary Examiner
Art Unit 3754
/Jeremy Carroll/ Primary Examiner, Art Unit 3754
Prosecution Insights