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 Objections
Claim 1-6 objected to because of the following informalities:
All the claims recite “a or the cannister” but sometimes recite “canister”. The correct spelling for the structure is “canister” and should be recited as such for all claims to ensure uniformity.
Appropriate correction is required.
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 1-6 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 1 recites the limitation "the metal canister" in line 2 and “the plastic pump” in line 6. Claim 1 does not recite “a metal canister” and “a plastic pump” prior to the above limitations. Therefore, there is insufficient antecedent basis for these limitations in the claim.
Claim 5 recites the limitation “the canister opening” in line 6. Claim 5 ultimately depends from claim 1 through claims 2-4. However, none of these claims recite “a canister opening”. Therefore, there is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation “the top opening” in line 5. Claim 6 ultimately depends from claim 1 through claims 2-5. However, none of these claims recite “a top opening”. Therefore, there is insufficient antecedent basis for this limitation in the claim.
Dependent claims 2-4 are also rejected under the same grounds for being dependent on claim 1.
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 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Toh et al. (“Toh” hereinafter) (US PG PUB 2019/0200812) in view of Binder (US PN 2,920,799).
Regarding claim 1, Toh teaches a canister (item 1100, figure 33) for dispersing fluids, comprising: a canister to contain liquid material (paragraph 0117]) and affixing a pump (item 1700, figure 33) onto the canister so the liquid material are be dispersed through a pumping action;
the canister comprises a base (item 1160, figure 33) with seamed bottom ends (bottom has angular seems where sidewalls and bottom wall meet, figure 33) and a top portion (item 1140, figure 34) with seamed top ends (figure 34), the canister comprises a plug (item 1400, figure 34) operable as an interface medium, and the plastic pump (the components of the dispenser are made of various plastic materials) screws onto the plug to create a seal between the plug and the pump (pump 1700 is screwed onto interface assembly 1400, figure via threads 1420, figure 37).
Toh is silent to the container being made of metal.
Binder teaches a metallic container (item 1, figure 1) with a top seamed end (see figure 1) comprising a top portion and a bottom portion with a plug (item 3, figure 1) that acts as an interface medium, wherein the plug comprises a threaded open end (item 6, figure 1) to which a closure cap or other threaded components can be attached.
It would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the claimed invention to have used the pump of Toh in the metallic canister of Binder in order to form a sealed pump assembly since Binder already teaches a metallic container and a plug having a threaded interface. Alternatively, it would be obvious to form the canister body of Toh out of a metal material for durability and also to provide a metallic look to the overall dispenser if such is desired. Doing either modification requires simple substitution and interfacing the inventions with each other which is within the range of one of ordinary skill in the art.
Regarding claims 2 and 3, Toh as modified by Binder teaches a pump, a plug, and a canister with various dimensions such as height, length, diameter of circular components and widths. The prior arts do not teach the exact dimensions in mm or any other units.
However, It would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the claimed invention to have formed the pump of the invention of Toh with any suitable dimensions as desired by an end-user since doing so involves routine skill in the art and is also an obvious matter of design choice. One is not limited to the dimension choices contemplated by the claimed invention and can form the pump with any suitable size and shape.
Regarding claim 4, Toh teaches that the pump comprises a connecting cap, a closure (item 1740, figure 55), a gasket (paragraph [0110], “a thermoplastic elastomeric gasket”), a housing (item 1850, figure 55), a piston (item 1870, figure 55), a piston rod (elongated component extending from piston 1870 and extending to actuator 1750, figure 55), a piston seat (bottom of housing 1850, figure 55), a spring (item 1890, figure 55), and a ball (item 1880, figure 55); the closure includes a diameter Dc (figure 55), the gasket includes a diameter Dg (figure 55), the pump includes a diameter Dp (figure 55), and the connecting cap includes a height Hcc (figure 55) and the pump includes the pump height Hp (figure 55); the closure includes an inner threaded portion (item 1760, figure 55) that engages with the plug to tighten thereupon (figure 55); the closure includes a diameter D1 to concentrically engage with the plug (figure 55).
Regarding claim 5, Toh teaches that the plug includes a cylindrical top portion (item 1420, figure 37), a middle sealing portion (item 1410, figure 37), and a bottom engagement portion (item 1480, figure 37); the cylindrical top portion engages with the pump (figure 55) while the sealing portion creates a fluid tight seal against the top of the canister (figure 33), and the bottom engagement portion locks the plug into the fluid tight seal against the top of the canister; the bottom engagement portion includes a circular tab (item 1490, figure 37) that lock against the top portion of the canister opening and a plurality of insert tabs (item 1510, figure 37) to further prevent movement of the plug once engaged with the canister.
Regarding claim 6, Toh teaches that the cylindrical top portion includes a diameter Dt that concentrically engages with the pump (figure 55); the cylindrical top portion includes a threaded portion (threads on neck 1420, figure 37) to concentrically lock and seal the pump on the top portion of the plug (figure 55); the cylindrical top portion includes a height Ht (figure 55); the circular tab includes a length Lt that is sufficient to engage and lock against the top opening of the canister (figures 37 and 44); the insert tabs include a locking tab Li that extends outward from the insert tab (figure 37), that further prevents movement of the plug and creates a fluid tight seal with the canister opening.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
a. The following prior arts disclose subject matter related to pump collars that act as interface mediums between a pump and a container body: US PN 3,397,824, US PN 3,764,04; and
The following prior arts disclose subject matter related to dispenser assemblies with a pump, a joining collar, and a container: US PN 1,229,556, US PN 3,379,136, US PN 3,877,616, US PN 3,949,910, US PN 5,421,485, US PN 6,003,737, US PN 6,269,976, US PN 6,412,663, US PN 6,419,393, US PG PUB 2005/0006409, US PG PUB 2016/0023227.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VISHAL J PANCHOLI whose telephone number is (571)272-9324. The examiner can normally be reached Monday - Thursday (9 am - 7 pm).
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/Vishal Pancholi/Primary Examiner, Art Unit 3754
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