DETAILED ACTION
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 4-7, 10-16 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 4 recites “the return means is formed from a plurality of strips of material” it is unclear if the applicant is claiming how the return means is made or describing the structure shown in Figure 7.
Claim 7 recites “wherein the strips of material are transverse annulus”. It is unclear as to what the claim is referring to as the specification refers to a “positioning annulus 58”, but the claim does not recite that the strips are “transverse to a positioning annulus”, but are the transverse annulus. For the purpose of examination, the claim language will be treated as “transverse to an annulus”.
Claim 12 recites “a closure ring configured to be reversibly attached”. It is unknown as to what “reversibly attached’ indicates as there is no inherent meaning in this without a reference point such as a definition of what an attached closure ring is. Further specification and drawings provide no clarity as it only recites the claim language and show attachment standard for the art. For the purpose of examination, the claim language will be treated as “a closure ring configured to be attached”.
Claim 15 recites “a dispenser…is reversibly mounted”. It is unknown as to what “reversibly mounted indicates as there is no inherent meaning in this without a reference point such as a definition of what a mounted dispenser is. Further specification and drawings provide no clarity as it only recites the claim language and show attachment standard for the art. For the purpose of examination, the claim language will be treated as “a closure ring…is mounted”.
Regarding claim 16, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
The antecedent basis of claim 10 is confusing as it is unclear if all the structure recited is the same structure as recited in claim 1 from which it depends such as: a pipette, a translation, an actuator head, a rest position.
Claims 5-6, 10-11, 14 depend from claims 4 and 10 above and therefore inherit the deficiencies thereof.
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)(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.
Claim(s) 1-2, 7-8, 10-16 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Goncalves (US 4579153).
Claims 1 and 10 Goncalves discloses a pipette (213, 217), the actuating head comprising a piston (220) and an actuator (120), a translation of which from an actuated end position to a rest position allows for suction into the pipette of the fluid product and translation from the rest position to the actuated end position allows a distribution of the fluid product outside the pipette, and a return means (125) allowing a return of the piston and the actuator to the rest position, the piston, the actuator and the return means being made from a single plastic part (FIG 5), and a dispensing body (201) of the fluid product.
Claims 2, 14 and 16, Goncalves discloses wherein the piston, the actuator and the return means are made of polypropylene (Col 4, line 32, Col 5, line 20; Col 6, line 48).
Claim 7, Goncalves discloses wherein the strips of material are transverse annulus (125, 121).
Claim 8, Goncalves discloses the return means is connected to the actuator (120) and/or to the piston (220).
Claim 11, Goncalves discloses wherein the dispensing body comprises an upper housing, the return means being housed in the upper housing (FIG 3).
Claim 12, Goncalves discloses wherein the dispensing body further comprises a closure ring (207) configured to be reversibly attached to the reservoir (201), and an external skirt (227) configured to envelope the closure ring and the actuating head, the pipette (18), the closure ring and the external skirt being made in a single piece.
Claim 13 wherein the dispensing body comprises a storage chamber (217), the piston being housed in the storage chamber when the actuating head and the dispensing body are assembled.
Claim 15, Goncalves discloses a reservoir with a fluid product on which a dispenser according to claim 10 is reversibly mounted (201).
Claim(s) 1, 3-10, 13, 15 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lecoutre et al (WO 2022238654).
Claims 1 and 10 Lecoutre discloses a pipette (17; FIG 4), the actuating head comprising a piston (T7) and an actuator (T”), a translation of which from an actuated end position to a rest position allows for suction into the pipette of the fluid product and translation from the rest position to the actuated end position allows a distribution of the fluid product outside the pipette, and a return means (T4’) allowing a return of the piston and the actuator to the rest position, the piston, the actuator and the return means being made from a single plastic part (FIG 4), and a dispensing body of the fluid product (FIG 4).
Claim 3, Lecoutre discloses wherein the return means comprise a wall of variable height (T4’), the height Hmax being maximum when the piston and the actuator are in the rest position, and the height Hmin being minimum when the piston and the actuator are in the actuated end position (FIG 4).
Claim 4, Lecoutre discloses wherein the wall of the return means is formed from a plurality of strips of material (T4’; FIG 4).
Claim 5, Lecoutre discloses wherein the strips of material delimit a cavity in which the piston is housed (inside of T4’; FIG 4).
Claim 6, Lecoutre discloses wherein the strips of material extend longitudinally or helically from an upper end to an opposite lower end (FIG 4).
Claim 7, Lecoutre discloses wherein the strips of material are transverse annulus (FIG 4; 2”).
Claim 8, Lecoutre discloses the return means is connected to the actuator (T”) and/or to the piston (T7).
Claim 9, Lecoutre discloses wherein the piston extends from an upper transverse wall of the actuator (FIG 4).
Claim 13, Lecoutre discloses wherein the dispensing body comprises a storage chamber, the piston being housed in the storage chamber when the actuating head and the dispensing body are assembled (inside of T4’; FIG 4).
Claim 15, Lecoutre discloses a reservoir with a fluid product on which a dispenser according to claim 10 is reversibly mounted (FIG 4).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEREMY W CARROLL whose telephone number is (571)272-4988. The examiner can normally be reached M-F 8 AM - 5 PM.
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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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JEREMY W. CARROLL
Primary Examiner
Art Unit 3754
/Jeremy Carroll/ Primary Examiner, Art Unit 3754
Prosecution Insights