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 § 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.
Claims 15-19 are 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 15 recites the limitation "the outer cover." 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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Milian et al. (20100044394).
Regarding claim 1, Milian discloses a locking mechanism for a dispensing pump, comprising: a movable button (9) actuatable by a user to move between an initial position and a pressed position; a slidable switch (89) embedded in the button, the switch being actuatable by the user to move between an open position and a close position, such that the locking mechanism changes between an unlocking state and a locking state; a rotatable annular member (8) cooperating with the switch, which can be actuated by the switch such that a sliding movement of the switch causes rotation of the annular member, wherein: when the locking mechanism is in the unlocking state, the annular member allows the user to actuate the button so as to enable a dispensing (Fig. 4b; par. 0026); and when the locking mechanism is in the locking state, the annular member prevents the movement of the button so as to prohibit the dispensing (Fig. 4a; par. 0026).
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.
Claim(s) 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Milian et al. in view of Langlois et al. (11040364).
Regarding claim 12, Milian DIFFERS in that it does not disclose the locking mechanism further comprises an outer cover which receives the button on the inside and allows the button to move down, the outer cover further comprising a nozzle guiding channel for receiving and guiding the movement of the nozzle. Attention, however, is directed to the Langlois reference, which discloses an outer cover (4) which receives a button on an inside and allows the button to move down, the outer cover further comprising a nozzle guiding channel for receiving and guiding the movement of the nozzle (Fig. 5).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the Milian reference in view of the teachings of the Langlois reference by employing an outer cover for the purpose of concealing the components of the dispenser (col. 3, lines 19-23 of Langlois).
Regarding claim 13, an outer surface of the switch and/or the button do not exceed an outer surface of the outer cover (Fig. 6 of Langlois).
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Milian et al. in view of Langlois et al. as applied to claim 12 above, and further in view of Ramos (EP2522247A2)).
Regarding claim 14, Milian DIFFERS in that it does not disclose the outer cover and/or the button have a rectangular outer contour. Attention, however, is directed to the Ramos reference, which discloses an outer cover and/or a button have a rectangular outer contour (Fig. 1A).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to further modify the Milian reference in view of the teachings of the Ramos reference by employing a rectangular shape because it is a well-known alternative configuration and would have been expected to achieve the same result.
Allowable Subject Matter
Claims 2-11 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 15-19 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DONNELL ALAN LONG whose telephone number is (571)270-5610. The examiner can normally be reached Mon - Fri 8AM-5PM.
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, PAUL DURAND can be reached at 571-272-4459. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DONNELL A LONG/Primary Examiner, Art Unit 3754
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