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 .
Preliminary Amendment
Receipt is acknowledged of the preliminary amendment filed on 09/27/2024.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Specification
The disclosure is objected to because of the following informalities: the title is not descriptive. A new title that would include the inventive features of the claimed invention is respectfully requested.
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.
Claims 1-26 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as failing to set forth 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.
Regarding claim 1, the claim recites “a discharge opening”, “two housing portions”, and “a distance sensor” without describing or explaining the structural cooperation between the reservoir and the opening, the housing portions, and/or the distance sensor. The claim is 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: structural relationship or cooperation between the reservoir and the opening, the housing portions, and the distance sensor. Further clarification is respectfully requested
Regarding claim 15, the claim recites that “the dispenser has a pump device separate from the liquid reservoir and designed for manual actuation” without disclosing the structural cooperation between the dispenser and the pump. Furthermore, the claim only recites that “pump device […] designed for manual actuation” without explaining whether the pump device is configured to be manually operated to actuate something else, such as a portion of the pump device, the piston, or the reservoir. The claim is 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: structural relationship or cooperation between the reservoir and the pump, and between the pump and the actuated component. Further clarification is respectfully requested.
Regarding claim 18, the claim recites “a discharge opening”, “two housing portions”, “a distance sensor”, and “an electronic display” without describing or explaining the structural cooperation between the reservoir and the opening, the housing portions, the distance sensor, and/or the display. The claim is 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: structural relationship or cooperation between the reservoir and the opening, the housing portions, the distance sensor, and the display.
The claim further recites “for displaying fill level of the liquid reservoir” without disclosing how the fill level information is obtained. The claim is incomplete for omitting essential elements, such omission amounting to a gap between the elements (see MPEP § 2172.01). The omitted element is the device for obtaining the fill level information.
Further clarification is respectfully requested
Regarding claim 24, the claim recites that “the dispenser has actuating surfaces on each of the two housing portions” without disclosing the structural cooperation between the actuating surfaces and the reservoir. Furthermore, the specification, dated 09/27/2024, does not appear to disclose or explain the claimed “actuating surfaces”. The claim is 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: structural relationship or cooperation between the reservoir and the actuating surfaces. Further clarification is respectfully requested.
Regarding claim 26, the claim recites that “the display device is provided on the dispenser” without explicitly disclosing the structural cooperation between the display device and the reservoir, such as the positioning of the display device with respect to the reservoir. The claim is 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 relationship is: structural relationship or cooperation between the reservoir and the display device. Further clarification is respectfully requested.
Claims 2-14, 16-17, 19-23, 25 are rejected as being dependent on the rejected base claim.
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.
(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 1-3, 9-11, 13-18, 20, 22-25 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Eicher et al. (Pat. No. US 10,809,162) (hereafter Eicher).
Regarding claim 1, Eicher teaches a dispenser for discharging pharmaceutical and cosmetic liquids, comprising:
a liquid reservoir having an internal volume (i.e., container 3 forming a reservoir for fluid 2) (see Fig. 3) which is reduced as liquid is dispensed (i.e., the movement of the piston or the container 3 (supply tube 9) when the fluid 2 is dispensed) (see Column 10, lines 16-24);
a discharge opening for dispensing the liquid from the liquid reservoir (i.e., the fluid 2 in the pressure chamber 11/reservoir 3 is pressurised and this pressure drives the fluid 2 out through the delivery nozzle 12) (see Column 9, lines 5-40);
two housing portions spacing between the two housing portions changing as the internal volume of the liquid reservoir is reduced (i.e., the distance between the container 3 or container bottom 21 and the measuring device 27 or a side of the measuring device 27 facing the atomiser 1 and/or the change in distance between the container 3 or container bottom 21 and the measuring device 27 or a side of the measuring device 27 facing the atomiser 1 is measured when the fluid 2 is dispensed) (see Column 17, line 60, to Column 18, line 5); and
a distance sensor arrangement for detecting a distance between the two housing portions (i.e., a measuring device 27, the measuring device 27 preferably being designed to measure the movement of the piston or the container 3 (supply tube 9) when the fluid 2 is dispensed) (see Column 11, lines 11-14).
Regarding claim 2, Eicher teaches that the liquid reservoir has a reservoir cylinder and a reservoir piston displaceable relative to the reservoir cylinder, and one wall of the reservoir piston forms one of the housing portions (i.e., container 3 and container bottom 21 of atomiser 1 having housing part 16 and inner part 17) (see Fig. 3).
Regarding claim 3, Eicher teaches that the distance sensor arrangement is configured as an optical distance sensor (i.e., the measuring device 27 is preferably designed as an optical measuring device) (see Column 11, lines 8-10).
Regarding claim 9, Eicher teaches that the distance sensor arrangement has an emitter (i.e., emitter 28) (see Fig. 3) and a receiver (i.e., sensor 29) (see Fig. 3), and the emitter and the receiver are arranged in a stationary manner relative to each other (see Fig. 3), and the emitter and the receiver are aligned in the direction of a reflective housing portion (i.e., the sensor 29 preferably comprises a plurality of distinguishable sensor portions, preferably arranged next to one another, known as pixels. The position or location of incident electromagnetic waves or incident light can thus be determined) (see Column 11, line 1, to Column 13, line 3).
Regarding claim 10, Eicher teaches that the emitter and the receiver are part of a common sensor unit (i.e., lower portion of shared housing 33) (see Fig. 3).
Regarding claim 11, Eicher teaches that the sensor unit is attached to one of the two housing portions and aligned in a direction of the other housing portion (i.e., lower portion of shared housing 33 aligns with the holding device portion 25 of the shared housing 33) (see Fig. 3).
Regarding claim 13, Eicher teaches that the emitter is configured to output a signal in a central emitting direction (see Fig. 3), the receiver is configured to receive signals in a central receiving direction, and the central emitting direction and the central receiving direction form an angle of at most 30° with a displacement direction of the housing portions relative to each other (i.e., the sensor 29 can be designed in particular to detect a location or position and/or an angle and/or an intensity of the incident radiation or electromagnetic waves and to convert them into data or data signals such as measured values or measurement signals, in particular of the measuring device 27) (see Column 11, line 1, to Column 13, line 3).
Regarding claim 14, Eicher teaches that the dispenser is configured for manual displacement of the two housing portions relative to one another (i.e., atomiser 1 preferably comprises a housing part 16 and an inner part 17 (FIG. 2) that is rotatable relative thereto and has an upper part 17a and a lower part 17b (FIG. 1), an in particular manually actuable lower housing part or a cover 18 in particular being detachably fastened to, in particular pushed on to, the inner part 17, preferably by means of a holding element 19) (see Fig. 1 and 2).
Regarding claim 15, Eicher teaches that the dispenser has a pump device separate from the liquid reservoir and designed for manual actuation (i.e., a tensioning device, the tensioning device preferably being designed to tension the atomiser 1 or housing part 16 relative to the inner part 17 or lower housing part 18 and a suction device or a connection to the suction device being designed to suction and/or carry away, in particular out of the test apparatus 24, the aerosol dispensed by the atomiser 1, preferably while the atomiser 1 is producing the aerosol or thereafter) (see Column 14, line 60, to Column 15, line 19), the liquid reservoir includes a reservoir piston (i.e., container bottom 21) (see Fig. 3), and the sensor unit is configured to detect a position of the reservoir piston (i.e., the distance between the container 3 or container bottom 21 and the measuring device 27 or a side of the measuring device 27 facing the atomiser 1 and/or the change in distance between the container 3 or container bottom 21 and the measuring device 27 or a side of the measuring device 27 facing the atomiser 1 is measured when the fluid 2 is dispensed) (see Column 17, line 60, to Column 18, line 5).
Regarding claim 16, Eicher teaches that the dispenser has a discharge device having at least the liquid reservoir and the discharge opening (i.e., housing part 16 and nozzle 12) (see Fig. 2 and 3), and the dispenser has an evaluation unit (i.e., data processing device 31) (see Fig. 3) detachable from the discharge device and comprising at least the distance sensor arrangement (i.e., in test apparatus 24) (see Fig. 3).
Regarding claim 17, Eicher teaches that the dispenser has a battery for operating the distance sensor arrangement; and/or the dispenser has a processor; and/or the dispenser has a network interface or a wireless network interface for communication with an external device; and/or the dispenser has a sensor for detecting a discharge process and/or a motion sensor; and/or the liquid reservoir is filled with a highly viscous liquid, the liquid being a pharmaceutical (i.e., the fluid 2, preferably a liquid, in particular a medicinal product) (see Column 7, lines 61-67) or a cosmetic liquid.
Regarding claim 18, Eicher teaches a dispenser system comprising:
a dispenser (i.e., atomizer 1) (see Fig. 3), the dispenser comprising:
a liquid reservoir (i.e., container 3 forming a reservoir for fluid 2) (see Fig. 3), the liquid reservoir having an internal volume reduced as liquid is dispensed (i.e., the movement of the piston or the container 3 (supply tube 9) when the fluid 2 is dispensed) (see Column 10, lines 16-24);
a discharge opening for dispensing liquid from the liquid reservoir (i.e., the fluid 2 in the pressure chamber 11/reservoir 3 is pressurised and this pressure drives the fluid 2 out through the delivery nozzle 12) (see Column 9, lines 5-40);
two housing portions, a spacing between the two housing portions changing as the internal volume of the liquid reservoir is reduced (i.e., the distance between the container 3 or container bottom 21 and the measuring device 27 or a side of the measuring device 27 facing the atomiser 1 and/or the change in distance between the container 3 or container bottom 21 and the measuring device 27 or a side of the measuring device 27 facing the atomiser 1 is measured when the fluid 2 is dispensed) (see Column 17, line 60, to Column 18, line 5); and
a distance sensor arrangement for detecting a distance between the two housing portions (i.e., a measuring device 27, the measuring device 27 preferably being designed to measure the movement of the piston or the container 3 (supply tube 9) when the fluid 2 is dispensed) (see Column 11, lines 11-14);
the dispenser system further comprising an electronic display device (i.e., data processing device 31) (see Fig. 3) for displaying a fill level of the liquid reservoir of the dispenser (i.e., a movement of the supply tube 9 or container 3 corresponds to a volume displaced in the pressure chamber 11 or to a delivered or deliverable amount of fluid. the container 3 preferably comprises at least one marking on the side, in particular a line marking, the movement of the container 3 when the fluid 2 is dispensed preferably being measured or tracked by means of the marking and an associated (additional) recording device, in particular a camera. The data processing device 31 is designed to detect the position of the marking before the fluid 2 is dispensed, while it is being dispensed and/or thereafter, and/or to segment the image of the container 3 or marking, in particular to perform an edge detection thereon) (see Column 13, lines 4-17).
Regarding claim 20, Eicher teaches that the distance sensor arrangement has an emitter for emitting light and a receiver for determining light intensity, or the distance sensor arrangement has an emitter and a receiver determining a time period between light emission by the emitter and light reception by the receiver, or the distance sensor arrangement has an emitter comprising a laser light source and a sensor field detecting a location of an incidence of light from the laser light source (i.e., the sensor 29 preferably corresponds to the emitter 28 in such a way that the sensor 29 is capable of receiving, detecting and/or converting electromagnetic waves or radiation output by the emitter 28) (see Column 11, line 1, to Column 13, line 3).
Regarding claim 22, Eicher teaches that the common sensor unit has a common sensor housing (i.e., lower portion of shared housing 33) (see Fig. 3).
Regarding claim 23, Eicher teaches that the dispenser is configured as a mobile dispenser (i.e., atomiser 1) (see Fig. 3), the mobile dispenser, when not filled with liquid, having a mass of not more than 100 grams (i.e., typical container 3 holds a volume of from approximately 2 ml to 10 ml) (see Column 8, lines 8-14).
Regarding claim 24, Eicher teaches that the dispenser has actuating surfaces on each of the two housing portions (i.e., container 3 preferably performs a stroke movement during the tensioning process, by main spring 7, or for removing fluid and/or while the fluid 2 is being atomised or dispensed) (see Fig. 2 and 3).
Regarding claim 25, Eicher teaches that the discharge device and the evaluation unit are configured for tool-free coupling and decoupling (i.e., the lower housing part 18 of the atomiser 1 is removed for the testing or measuring by means of the test apparatus 24, or the atomiser 1 is gripped or received in the holding device 25 without the lower housing part 18) (see Fig. 3); and/or the discharge device and the evaluation unit have coupling surfaces for interlocking or frictionally engaged coupling with one another.
Claims 4-8, 12, 19, 21, 26 are objected to as being dependent on the rejected base claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: see PTO-892.
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/Tran M. Tran/Examiner, Art Unit 2855
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