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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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.
Claim 9 recites the limitation "its" in line 2. The limitations leave the claim unclear as to what feature is being referred back to There is insufficient antecedent basis for this limitation in the claim.
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.
Claim(s) 1-8, 10, and 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bougamont (US 20006/0065675 A1).
Re: Claim 1, Bougamont discloses the claimed invention including a device for the portioned dispensing of a liquid medium, the device comprising:
a first (14) and a second (18) housing parts which are arranged to be longitudinally movable relative to one another on a common longitudinal axis (A) between an unactuated rest position (Fig. 1) and an actuated end position,
a piston (24) arranged axially fixed to the first housing part,
a plunger (26) arranged axially fixed to the second housing part, which is arranged in longitudinal alignment with the piston and is composed of a closed end face (29) and a plunger casing,
a dosing cavity (20) which is enclosed by an inner wall of the piston and into which the plunger is configured to be lowered by actuation of the device (Fig. 2), and
a liquid channel (66) which extends from the dosing cavity and is in fluid communication with a valve-controlled discharge opening (67) in the first housing part (Para. 26, valve-controlled outlet),
wherein an inner sealing section (42) formed on the inner wall of the piston, against which an outer sealing section formed on the outside of the plunger casing rests without a gap when the plunger is partially and fully lowered into the dosing cavity (Depicted in Fig. 2 with no gaps).
Re: Claim 2, Bougamont discloses the claimed invention including the liquid channel, starting from the base of the dosing cavity, initially runs along the piston (Depicted in Fig. 1).
Re: Claim 3, Bougamont discloses the claimed invention including the valve-controlled discharge opening is located on the first housing part (Depicted in Fig. 1).
Re: Claim 4, Bougamont discloses the claimed invention including part of the second housing part is a storage space (32) storing the medium (Figs. 1-2).
Re: Claim 5, Bougamont discloses the claimed invention including the arrangement of the inner and outer sealing sections is located in the storage space and is surrounded by the storage space (Depicted in Figs. 1-2).
Re: Claim 6, Bougamont discloses the claimed invention including the plunger is arranged on a plunger carrier (22) facing away from the end face, and in that the plunger carrier is located in the storage space and is provided with a plurality of openings (40) through which the medium is configured to flow (Figs. 1-2).
Re: Claim 7, Bougamont discloses the claimed invention including the openings are arranged (40) distributed around the circumference of the plunger carrier (Figs. 1-2).
Re: Claim 8, Bougamont discloses the claimed invention including the interior of the plunger carrier is designed as a movement space for the piston arranged axially movably therein (Depicted in Figs. 1-2).
Re: Claim 10, Bougamont discloses the claimed invention including a valve (58) arranged in the transition between the dosing cavity and the liquid channel (Fig. 1-2, Para. 26, outlet valve).
Re: Claim 11, Bougamont discloses the claimed invention including the valve enables compression in the dosing cavity in a displacement phase and only opens when a discharge phase is reached and releases the liquid channel for the medium to flow through, and in that the valve prevents leakage, backflow or contamination of the medium stored in the storage space after the discharge has been completed (Para. 26-27, once closed prevents backflow).
Claim(s) 1-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Czech (US Patent No. 4,685,594).
Re: Claim 1, Czech discloses the claimed invention including a device for the portioned dispensing of a liquid medium, the device comprising:
a first (7) and a second (3) housing parts which are arranged to be longitudinally movable relative to one another on a common longitudinal axis (A) between an unactuated rest position (Fig. 2) and an actuated end position (Col. 5, lines 54-58, actuated position),
a piston (8) arranged axially fixed to the first housing part (Figs. 2),
a plunger (12) arranged axially fixed to the second housing part, which is arranged in longitudinal alignment with the piston and is composed of a closed end face and a plunger casing (12) (Fig. 2),
a dosing cavity (15) which is enclosed by an inner wall (22) of the piston and into which the plunger is configured to be lowered by actuation of the device ( (Depicted in Fig. 2), and
a liquid channel (23) which extends from the dosing cavity and is in fluid communication with a valve-controlled (20) discharge opening (19) in the first housing part (Col. 3, lines 10-15, valve-controlled outlet),
wherein an inner sealing section formed on the inner wall of the piston, against which an outer sealing section formed on the outside of the plunger casing rests without a gap when the plunger is partially and fully lowered into the dosing cavity (Depicted in Fig. 2, Col. 4, lines 20-with no gaps).
Re: Claim 2, Czech discloses the claimed invention including the liquid channel, starting from the base of the dosing cavity, initially runs along the piston (Depicted in Fig. 2).
Re: Claim 3, Czech discloses the claimed invention including the valve-controlled discharge opening is located on the first housing part (Depicted in Fig. 1-2).
Re: Claim 4, Czech discloses the claimed invention including part of the second housing part is a storage space (37) storing the medium (Figs. 1-2).
Re: Claim 5, Czech discloses the claimed invention including the arrangement of the inner and outer sealing sections is located in the storage space and is surrounded by the storage space (Depict in Figs. 2).
Re: Claim 6, Czech discloses the claimed invention including the plunger is arranged on a plunger carrier (10) facing away from the end face, and in that the plunger carrier is located in the storage space and is provided with a plurality of openings (13) through which the medium is configured to flow (Fig. 2).
Re: Claim 7, Czech discloses the claimed invention including the openings are arranged distributed around the circumference of the plunger carrier (Figs. 2, Col 5, lines 41-47, annularly arranged).
Re: Claim 8, Czech discloses the claimed invention including the interior of the plunger carrier is designed as a movement space for the piston arranged axially movably therein (Depicted in Figs. 2, Col. 4, lines 20-21, piston moves within a section of the plunger carrier).
Re: Claim 9, Czech discloses the claimed invention including the inner wall of the dosing cavity is designed over the predominant part of its length as a circular cylindrical longitudinal section which is adjoined by a conically tapering longitudinal section (14) towards the plunger (Fig. 2).
Re: Claim 10, Czech discloses the claimed invention including a valve (28) arranged in the transition between the dosing cavity and the liquid channel (Fig. 2).
Re: Claim 11, Czech discloses the claimed invention including the valve enables compression in the dosing cavity in a displacement phase and only opens when a discharge phase is reached and releases the liquid channel for the medium to flow through, and in that the valve prevents leakage, backflow or contamination of the medium stored in the storage space after the discharge has been completed (Col. 6, lines 58-65, once closed prevents backflow).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references cited on the PTO-892 are provided with dispensers with dosing cavities.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES P. CHEYNEY whose telephone number is (571)272-9971. The examiner can normally be reached Monday - Friday, 8:00 am - 4:30 pm.
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/CHARLES P. CHEYNEY/Primary Examiner, Art Unit 3754