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 .
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 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.
DETAILED ACTION
This is in response to Application filed on 8/30/2024 in which claims 1-20 were presented for examination.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the limitations in claim 19, for example, “web” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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 § 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.
(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.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cheetham (U.S. Pub. No. 2022/0192784 A1).
Regarding claim 1, Cheetham discloses a device (10) for mixing a first component with a second component (See for example para. 0012), comprising
a housing (50) forming a first chamber (51) for the first component (para. 0082 describe powder), a second chamber (40) for the second component (para. 0070 describe liquid), and a separation element separating the first chamber and the second chamber (Fig. 1 identifier 42);
an activation element (22) configured to create a breakthrough through the separation element (para. 0102), the activation element integrally formed with the housing; and
a predetermined breaking area (which is the entire circumference area at opening 55) formed in the housing (See Fig. 1) to create an outlet to withdraw a mixture of the first component and the second component (the mixture exit opening 55 after seal 60 is broken, into discharge cap 70, also see para. 0104).
Regarding claim 2, Cheetham discloses a device wherein the predetermined breaking area (See above) extends around at least a majority of a circumference of the housing (as explained above).
Regarding claim 3, Cheetham discloses a device wherein the predetermined breaking area (See above) is arranged so that the device is intentionally breakable into two parts (when the breakable seals 42 and 60 are broken).
Regarding claim 4, Cheetham discloses a device wherein the second chamber (40) is formed by a separate container attachable or attached to a remainder of the housing (See Fig. 1).
Regarding claim 5, Cheetham discloses a device wherein the housing (50) forms a passage for at least partly receiving the separate container (the opening at end 57).
Regarding claim 6, Cheetham discloses a device wherein the separation element (42) is attached to the separate container (40 as shown in Fig. 1).
Regarding claim 7, Cheetham discloses a device wherein the second chamber (40) is sealed by the separation element in a non-activated state against environmental influences (See Fig. 1).
Regarding claim 8, Cheetham discloses a device wherein the predetermined breaking area (See above) is breakable by kinking the housing (para. 0101).
Regarding claim 9, Cheetham discloses a device wherein the activation element (22) is arranged between the first chamber and the second chamber (See Fig. 7) and defines an opening so that in an activated state the second component is capable of flowing through the opening past the activation element into the first chamber (paras. 0104, 0105).
Regarding claim 10, Cheetham discloses a device wherein the activation element (22) has a shape of a bullet (See Fig. 1).
Regarding claim 11, Cheetham discloses a device wherein the housing (50) has a bottom portion (at end 57), and the bottom portion is connected to the remaining portion of the housing via a snap fit connection (See Figs. (2-7).
Regarding claim 12, Cheetham discloses a device wherein the housing (50) defines a third chamber (See Figs. 1 and 7 identifier 30), and the third chamber (30) at least partially surrounds the first chamber (51) (as shown in Fig. 7).
Regarding claim 16, Cheetham discloses a device wherein the predetermined breaking area (See above) is arranged so that the device is intentionally breakable into a first part and a second part (See Figs. 1-7), the first part forming the first chamber and the second part forming the second chamber and the activation element (See above and Figs. 1-7).
Regarding claim 17, Cheetham discloses a device wherein the housing (50) forms a passage for at least partly receiving the separate container (See Figs. 2-7), and the separate container (See above) is axially guided by the passage during attachment of the container or activation of the device (See Figs. 1-7).
Regarding claim 18, Cheetham discloses a device wherein the activation element (22) forms a sharp (pointy) edge (See Fig. 1), the sharp edge being separated by an opening connecting the first chamber and the second chamber in an activated state (See Figs. 2-7), at a distal end of the activation element (See Figs. 2-7).
Regarding claim 19, as best understood, Cheetham discloses a device wherein the activation element (22) comprises a web extending from an inner circumferential surface towards a spike portion of the activation element (See Fig. 1), the opening of the activation element comprises a channel extending inside of the activation element through a majority of the activation element (See Fig. 1).
Regarding claims 13-15 and 20, Cheetham has been previously discussed, but their teachings will again be summarized below. Cheetham discloses a device (10) for mixing a first component with a second component (See for example para. 0012), comprising
a housing (50) forming a first chamber (51) for the first component (para. 0082 describe powder), a second chamber (40) for the second component (para. 0070 describe liquid), and a separation element separating the first chamber and the second chamber (Fig. 1 identifier 42); an activation element (22) configured to create a breakthrough through the separation element (para. 0102), the activation element integrally formed with the housing; and a predetermined breaking area (which is the entire circumference area at opening 55) formed in the housing (See Fig. 1) to create an outlet to withdraw a mixture of the first component and the second component (the mixture exit opening 55 after seal 60 is broken, into discharge cap 70, also see para. 0104). Under the principles of anticipation, if a prior art device, in its normal and usual operation, would inherently perform the method claimed, then the method claimed will be considered to be anticipated by the prior art device. When the prior art device is the same as a device described in the specification for carrying out the claimed method, it can be assumed the device will perform the claimed process. In re King, 801 F.2d 1324, 231 USPQ 136 (Fed. Cir.1986). MPEP 2112.02
Conclusion
The prior art made of record and not relied upon is considered (See PTO-892) pertinent to applicant's disclosure.
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/KHALED ANNIS/ Primary Examiner, Art Unit 3732