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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: “17a and 17b”; “19”; “25”; “31a”; “31c” and “33” as in the instant specification published as US 2025/0235838 A1, paras [0158]; [0159]; [0160]; [0161]; [0163]; [0164]; [0166]; [0167]. 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. 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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 18a, 18b, 22a, 22b, 22b’ in Figures 1-2. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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. 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 Objections
Claim 9 is objected to because of the following informalities: In line 5, the term “radial directing” should read “radial direction” and the term “ot” after “latching” should read “or”. Appropriate correction is required.
Claim 10 is objected to because of the following informalities: In line 5, after “the multi-component cartridge” the word “has” should be inserted before “first and second component reservoirs”. Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Such claim limitations are:
“a connection device” in claim 1, which has the nonce term “device” coupled with functional language “configured to connect the mixer to the multi-component cartridge by an axial latching movement followed by a substantially rotational tightening movement”; and the term “connection” does not provide any additional structure. The term is interpreted as a latching arm with a substantially axially extending latching arm section as in paras [0157], [0163] and Figures 1-3A of the published instant specification.
“keying element” in claim 1; which has the nonce term “element” coupled with functional language “to block the axial latching movement when the multi-component cartridge is not provided with a matching keying configuration”; and the term “keying” does not provide any additional structure. The term is interpreted as an axially extending protrusion having a specific cross section that is transverse to an axial direction of the mixer as in paras [0158] to [0160] of the published instant specification.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-7, 10-17 are rejected under 35 U.S.C. 102(a)(1)(a)(2) as being anticipated by Bublewitz et al, US 2014/0197204 A1.
Regarding claim 1, Bublewitz discloses a mixer (11a, 11b, 11c, Figs. 1a-d, 2a-c, 3a-b, 4a-b, 5-9) for mixing and dispensing at least two components from a multi-component cartridge (1b, Fig. 3a), the mixer (11a, 11b, 11c) comprising: a mixer housing (Figs. 2a-c, housing of 11a, 11b, 11c, para [0049]); a mixing configuration (state of 11a, 11b, 11c when assembled to 2, 3, para [0049]) arranged at least partly within the mixer housing and defining first and second inlet openings (5, 6, Figs. 1a, 1b) arranged at a first end of the mixing configuration (Figs. 2a-c, para [0049]) and a dispensing opening (distal end of 11a, 11b, 11c, through which fluid passe) arranged at a second end axially opposite the first end of the mixing configuration forming a mixing flow path (Figs. 2a-c, para [0049]); a connection device (connection section 4 or 7, including 20a, 20b, Figs. 4a-b) configured to connect the mixer to the multi-component cartridge by an axial latching movement followed by a substantially rotational tightening movement (twist-lock, protrusions 23, 24 guide the axial movement and connection between the mixer and then the threaded portions 12, 9 are rotated to engage, see paras [0053]-[0054], Figs. 4a-b); and a keying element (13a, 13b, 13c, Figs. 2a-c, para [0050]) to block the axial latching movement when the multi-component cartridge is not provided with a matching keying configuration (para [0050]).
Regarding claim 2, Bublewitz discloses the mixer according to claim 1, wherein the keying element is arranged at the mixing configuration (Figs. 2a-c, para [0050]).
Regarding claim 3, Bublewitz discloses the mixer according to claim 1 wherein the keying element is an axially extending protrusion having a specific cross section transverse to an axial direction of the mixer (Figs. 2a-c, para [0050]).
Regarding claim 4, Bublewitz discloses the mixer according to claim 1 wherein the keying element protrudes axially beyond the first and second inlet openings of the mixer (Figs. 2a-c, para [0050]).
Regarding claim 5, Bublewitz discloses the mixer according to claim 1, wherein the mixer comprises a retaining ring (top ring portion of 12, Figs. 2a-c) including the connection device.
Regarding claim 6, Bublewitz discloses the mixer according to claim 5, wherein the retaining ring (top ring portion of 12) is configured to be clipped onto the mixer housing via a latching device (8) separate from the connection device (4, 20a, 20b), and the retaining ring (top ring portion of 12) is configured to be coupled via the latching device to the mixer housing axially fixed but rotationally movable (twist-lock, protrusions 23, 24 guide the axial movement and connection between the mixer and then the threaded portions 12, 9 are rotated to engage, see paras [0053]-[0054], Figs. 4a-b).
Regarding claim 7, Bublewitz discloses the mixer according to claim 1 wherein the connection device (4, 7, 20a, 20b) is configured such that the mixer is capable of being released from the multi-component cartridge (2, 3) by a substantially rotational movement followed by an axial unlatching movement with respect to the multi-component cartridge (twist-lock, protrusions 23, 24 guide the axial movement and connection between the mixer and then the threaded portions 12, 9 are rotated to engage, see paras [0053]-[0054], Figs. 4a-b).
Regarding claim 10, Bublewitz discloses a mixing and dispensing assembly (Figs. 1a-b, 2a-c, 3a-b, paras [0047]-[0052]) for mixing and dispensing at least two components, the assembly comprising: the multi-component cartridge (1a, 1b, Figs. 1a-b; 2a-c, 3a-b), and the mixer according to claim 1 (see rejection for claim 1 above), the multi-component cartridge (1a, 1b) has first and second component reservoirs (2, 3) filled with first and second components (contained in compartments 2, 3), respectively to be mixed, and the first and second component reservoirs connected to separate first and second outlet openings (5, 6, 10a, 10b, Figs. 4a-b), respectively, the mixer connected via the connection device (4, 7, 20a, 20b) to the multi-component cartridge (2, 3) such that the first and second outlet openings of the multi-component cartridge (5, 6, 10a, 10b) are coupled to the first and second inlet openings (5, 6) of the mixer, respectively (para [0049]).
Regarding claim 11, Bublewitz discloses the mixing and dispensing assembly according to claim 10, wherein the multi-component cartridge comprises a cartridge head (8) including the first and second outlet openings (5, 6, para [0050], Figs. 3a-b), a connection configuration (state where mixer and housing are connected, para [0050]) configured to be engaged with engage the connection device (4) of the mixer (11a, 11b, 11c) and a keying configuration (state where 13a, 13b are engaged with 10a or 100b) configured to match with the keying element of the mixer (para [0050]).
Regarding claim 12, Bublewitz discloses the mixing and dispensing assembly according to claim 11, wherein the connection configuration (state where mixer and housing are connected, para [0050]) and the connection device (4, 7) are configured such that the mixer is capable of being clipped to the multi-component cartridge in a particular rotational and axial orientation of various components of the mixer with respect to the cartridge head (paras [0050]-[0053]; twist-lock, protrusions 13a, 13b and 23, 24 guide the axial movement and connection between the mixer and then the threaded portions 12, 9 are rotated to engage, see paras [0053]-[0054], Figs. 4a-b).
Regarding claim 13, Bublewitz discloses the mixing and dispensing assembly according to claim 12, wherein the connection device (4, 7) of the mixer and the connection configuration (state where mixer and housing are connected, para [0050]) of the multi-component cartridge (2, 3) are configured such that a central axis defined by the connection device of the mixer perpendicular to the a longitudinal center axis of the mixer has to be positioned in a specific rotational angle with respect to a central axis defined by the first and second outlet openings of the multi-component cartridge (5, 6) perpendicular with respect to the a longitudinal center axis of the multi-component cartridge for the latching movement, when in the a finally connected state, said the central axes axis defined by the connection device and the central axis defined by the first and second outlet openings are aligned with each other (5, 6, twist-lock, protrusions 13a, 13b and 23, 24 guide the axial movement and connection between the mixer and then the threaded portions 12, 9 are rotated to engage, see paras [0053]-[0054], Figs. 4a-b).
Regarding claim 14, Bublewitz discloses the mixing and dispensing assembly according to claim 11, wherein the connection configuration (Figs. 3a-b) comprises a connection protrusion (15) radially extending from the longitudinal center axis of the multi-component cartridge (para [0051], Fig. 3b).
Regarding claim 15, Bublewitz discloses the mixing and dispensing assembly according to claim 14, wherein the connection protrusion has a wedge form and is oriented in such a manner that during a rotational tightening movement, the mixer is pressed onto the cartridge head (15 has wedgelike shape pressed against 14 which is part of cartridge head 8, see Fig. 3b, tappet, para [0051]).
Regarding claim 16, Bublewitz discloses the mixing and dispensing assembly according to claim 10, wherein the multi-component cartridge (2, 3) comprises an alignment and abutment configuration configured to limit the rotational tightening movement of the mixer and to indicate the completion of the connection process (protrusions 23, 24 guide the axial movement and connection between the mixer and then the threaded portions 12, 9 are rotated to engage, see paras [0053]-[0054], Figs. 4a-b).
Regarding claim 17, Bublewitz discloses the mixing and dispensing assembly according to claim 16, wherein the alignment and abutment configuration is an axially extending protrusion (23, 24, Figs. 4a-b).
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 8-9 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Bublewitz in view of Habibi-Naini, US 9,527,637.
Regarding claims 8-9 and 18, Bublewitz discloses the mixer according claim 1, but is silent as to wherein the connection device comprises a latching arm formed of an elastic material; and wherein the latching arm extends radially inward with respect to a longitudinal center axis of the mixer and comprises a substantially axially extending latching arm section, the substantially axially extending latching arm section being deformed elastically in the radial direction during a latching or unlatching movement; or wherein the connection device comprises two latching arms formed of an elastic material.
However, Habibi-Naini in the same field of art, namely connection devices for dispensing apparatus (mixer such as 5, see col. 4, lines 1-10 and col. 4, lines 39-55), teaches a connection device (50, Figs. 1-9, col. 5, lines 10-60) for attaching to a two compartment cartridge assembly (8), where the connection device (50) has a latching arm (bayonet lugs 30, 32) formed of an elastic material (plastic material that is injection molded has elastic properties and therefore considered an elastic material, col. 5, lines 25-60), and wherein the latching arm extends radially inward with respect to a longitudinal center axis of the mixer (Fig. 3, col. 5, lines 10-60) and comprises a substantially axially extending latching arm section (axial portion of 32, 30, see Fig. 3, col. 5, lines 10-60), the substantially axially extending latching arm section being deformed elastically in the radial direction during a latching or unlatching movement (col. 5, lines 10-60); and wherein the connection device comprises two latching arms (30, 32) formed of an elastic material (plastic material that is injection molded has elastic properties and therefore considered an elastic material, col. 5, lines 25-60).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the connection device of Bublewitz with the latching arm(s) as taught by Habibi-Naini in order to provide the additional advantage of a freely rotatable yet sealing engagement that also is formed of one piece and can prevent accidental opening and be childproof (Habibi-Naini, col. 1, lines 45-65).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 for mixer assemblies having mixers and cartridges connectable by way of rotational and/or axial latching type systems such as, but not limited to bayonet type connectors.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATRINA M STRANSKY whose telephone number is (571)270-3843. The examiner can normally be reached Monday-Friday 8:30 am-5:00 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas Barrett can be reached at (571)270-3843. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KATRINA M STRANSKY/Primary Examiner, Art Unit 3700
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