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 .
Election/Restrictions
Applicant's election without traverse of Group I (claims 1-6, 8, and 13) in the reply filed on May 26, 2026, is acknowledged. Claims 7, 9-12, 14, and 15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected group, there being no allowable generic or linking claim.
35 USC § 102 Rejection
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)(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 1-6, 8, and 13 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Jaeckel et al (US 2017/0276531).
Regarding claim 1, Jaeckel discloses a metering device (1) for dispensing a flowable substance from a container (liquid carrying case), comprising:
a main part (3, 8) for securing to the container,
a dispensing device (16, 21) with a discharge opening (17), and a compensating chamber (11) which is connected to the discharge opening,
wherein the compensating chamber has an invariable volume (dosing chamber (11) is a fixed volume (cylindrical body (7)) defined by a sidewall (9) and base plate (13); [0076]-[0077]; the plunger (39) changes the relative volumes of compartments (12, 14), but not the overall volume of dosing chamber (11)) and wherein the compensating chamber has a through-opening (19) and a fill opening (15), characterized in that a piston (39) is arranged within the compensating chamber, wherein the piston can be moved linearly within the compensating chamber ([0081]) such that the through-opening can be closed by the piston ([0041]).
Regarding claim 2, in addition to the limitations in claim 1, Jaeckel further discloses wherein the compensating chamber is circular-cylindrical ([0076]; dosing chamber 11 has “cylindrical sidewall” 9).
Regarding claim 3, in addition to the limitations in claim 1, Jaeckel further discloses wherein the through-opening is arranged in a casing (charge opening(s) 19 in cylindrical sidewall 9; [0078]) of the compensating chamber.
Regarding claim 4, in addition to the limitations in claim 1, Jaeckel further discloses wherein the fill opening is arranged in a bottom (drive opening 15 is located on base plate 13) of the compensating chamber.
Regarding claim 5, in addition to the limitations in claim 1, Jaeckel further discloses wherein the piston divides the compensating chamber into a through-flow chamber (14) and a filling chamber (12), wherein the filling chamber is or can be brought into fluid communication with an interior of the container exclusively via the fill opening ([0009], [0040], [0076]-[0077], [0083]).
Regarding claim 6, in addition to the limitations in claim 1, Jaeckel further discloses wherein a cross-section of the fluid communication between the interior of the container and the filling chamber is invariable (the cross-sectional dimensions of drive opening 15 are structurally fixed and remain unchanged regardless of whether plunger 39 closes an end of drive opening 15; [0077], [0083]; it should be noted that claim 6 requires only “a cross-section” of the fluid communication to be invariable, not that every cross-section or a particular effective flow area remain unchanged).
Regarding claim 8, in addition to the limitations in claim 1, Jaeckel further discloses wherein the piston is arranged in a free-floating manner (“floating plunger” 39; [0045]-[0046]) in the compensating chamber.
Regarding claim 13, Jaeckel further discloses a container ([0075]) comprising a metering device according to claim 1.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SPE DAVID ANGWIN whose telephone number is (571)-270-3735. The examiner can normally be reached Monday-Friday 8-5 EST. 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:/Awww.uspto.gov/interviewpractice. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID P ANGWIN/Supervisory Patent Examiner, Art Unit 3754
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