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 .
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.
Claims 1-3, 6, 8, 11-13, 15, 16 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Romanyszyn et al. (US 2008/0083780, as cited by the Applicant, hereinafter Romanyszyn).
In regard to claim 1, the Romanyszyn reference discloses a device for dispensing a fluid product (including a pharmaceutical, see paragraph 0035) on demand, the device being configured to allow a mixture of at least two products (i.e., drink concentrate in package 12 and water from valve 24, see paragraph 0021, lines 1-5), called base products, in proportions chosen from information coming from a user (see paragraph 0023) in order to form the product on demand, the device comprising a mixer 14 configured to ensure the mixing of the base products, the device being configured to supply the mixer separately with the base products (see paragraph 0028, lines 5-8) in the proportions and to deliver the product on demand at an outlet 54 of the mixer, the mixer being a single-use mixer, i.e., see paragraph 0018, wherein the mixer is disclosed as being disposable and replaced after the package is used. As such, since the mixer is replaceable it is considered capable of being replaced after each use thereof, rendering the mixer a single-use mixer should a user choose to replace the mixer after each use thereof. Further, it is noted statements of intended use, i.e., “for dispensing a cosmetic product” (see line 1) do not lend any patentable structure to the claim. Further, the Romanyszyn device is considered capable of dispensing a cosmetic product should a user so choose to employ the device.
In regard to claim 2, the mixer 14 is a static mixer, i.e., see Figure 3 and U.S. Patent 7,168,593 (Ser. No. 10/869,122, which has been incorporated into the Romanyszyn specification, see paragraph 0030) which discloses a static mixer.
In regard to claims 3 and 11, the Romanyszyn device includes an injector 18, 28 configured to supply the mixer with the base products.
In regard to claims 6, 13 and 16, the Romanyszyn device includes a housing 38 (see Figure 1) having a dispensing chamber (below mixer 14, see Figure 1) allowing an installation of any “suitable receptacle” (see paragraph 0019, the last sentence) intended to receive the product on demand at the outlet of the mixer, the chamber opening to the outside (as shown in Figure 1), the chamber accommodating the mixer 14 so that the mixer can be installed and removed “at the chamber”. It is noted statements of intended use, i.e., “allowing an installation of a bottle” does not impart any structural limitation to the claim. Further, the Romanyszyn device is capable of allowing the installation and filling of a bottle.
In regard to claims 8, 15 and 18, the Romanyszyn device includes a user interface 46 (see paragraph 0023, lines 1-11) making it possible to determine the proportions of the base products to be collected to obtain the product on demand.
In regard to claim 12, the injector and mixer are considered to be “configured to allow quick connection to each other”.
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.
Claims 4, 5 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Romanyszyn in view of Otani (U.S. Patent 5,387,182).
In regard to claim 4, the injector 18, 28 comprises an inlet opening and an outlet opening for each of the base products, the inlet and outlet openings being respectively connected by base product circulation tubes 18, 28.
Although the tubes are not disclosed as having a reduced cross-section between the inlet and outlet, such reductions in cross-sections of tubes are commonly employed in order to increase the flow of fluid therethrough. In support of this position, attention is directed to the Otani reference, which discloses another fluid dispensing tube having a reduction in cross section between the inlet and outlet in order to increase the velocity of the fluid flow (see column 3, lines 43-51). Accordingly, it would have been obvious to one of ordinary skill in the art at the time the invention was made the tubes 18 and 28 in the Romanyszyn reference can include such a reduction in cross-section in order to enable the velocity of the fluid flow to increase should a user so choose to increase the velocity of the fluid flow and thereby enhance the mixing of the base products.
In regard to claim 5, the injector and mixer are considered to be “configured to allow quick connection to each other”.
In regard to claim 19, as discussed above with respect to claims 6, 13 and 16, the Romanyszyn device includes the claimed structure.
Claims 7, 14 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Romanyszyn in view of Kennedy, Jr. (U.S. Patent 4,630,654, hereinafter Kennedy).
In regard to claim 7, 14 and 17, the Romanyszyn device includes an electronic control unit 44 for controlling the dispensing of the product on demand. Although the Romanyszyn device does not include scales for aiding in the controlling of the dispensing of the product, attention is directed to the Kennedy reference, which discloses another fluid dispensing apparatus wherein scales are used to control the dispensing of fluid and thereby control the filling of a container (see column 3, lines 32-37). Accordingly, it would have been obvious to one of ordinary skill in the art at the time the invention was made the Romanyszyn device can include scales in order to control the dispensing of fluid and thereby control the filling of a container.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Romanyszyn in view of Otani as applied to claim 4 above, and further in view of Kennedy.
In regard to claim 20, as discussed above, the Romanyszyn device can obviously be modified to include scales to aid in the dispensing of the fluid.
Allowable Subject Matter
Claims 9 and 10 are allowed.
Response to Arguments
Applicant's arguments filed 7/8/26 have been fully considered but they are not persuasive.
The Applicant contends the Romanyszyn reference is not applicable against claim 1 in that the mixer defined therein is not disclosed as being a “single-use mixer”, however, the mixer in the Romanyszyn device, since it is designed to be disposable and replaceable, is capable of being replaced after each use thereof should a user so choose and thereby may be considered a “single-use mixer”, i.e., the limitation “single-use mixer” is being treated as a product by process limitation, that is, the mixer is replaced after each use thereof. Product by process claims are not limited to the manipulations of the recited steps, but only to the structure of the device defined in the claim. As such, apparatus claim 1 is considered to be anticipated by the Romanyszyn reference as discussed above. Further, a method claim including the limitation of using a new mixer after each use thereof would require the prior art reference to disclose the mixer being replaced after each use thereof and thereby be considered a single-use mixer. As such, method claim 9, which defines the mixer being a single-use mixer has been allowed.
Conclusion
THIS ACTION IS MADE FINAL. 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 DAVID J WALCZAK whose telephone number is (571)272-4895. The examiner can normally be reached Monday-Friday 6:30-4:00.
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, David Angwin can be reached at 571-270-3735. 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.
DJW
7/18/26
/DAVID J WALCZAK/ Primary Examiner, Art Unit 3754
Prosecution Insights