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 § 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 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gueret (US 20120312315 A1).
Regarding claim 1, Gueret discloses an application assembly, comprising an application member (item 6, figure 1) and a mounting member (items 4 and 10, figure 1);
wherein the application member comprises a first end fixedly connected to the mounting member (¶[0121]- ¶[0122]);
and a second end provided with a concave (items 11 and 12, figure 2);
the concave is recessed toward the first end of the application member (figure 2);
a flocking layer is provided on the concave (¶[0102]);
a discharge hole is formed in the application member (item 15, figure 3);
a discharge channel is formed in the mounting member (item 40, figure 25);
and the discharge channel, the discharge hole, and the flocking layer communicate with each other (¶[0158]- ¶[0159]).
Regarding claim 2, Gueret discloses the application assembly, wherein two ends of the discharge hole respectively communicate with the flocking layer and the discharge channel (¶[0158]- ¶[0159]).
Regarding claim 3, Gueret discloses the application assembly, wherein the application member and the mounting member are integrally formed bicolor injection-molded member (¶[0122]);
the application member is made of a first material (¶[0104]);
the mounting member is made of a second material (¶[0104]);
and the first material and second material are different materials (¶[0122]).
Regarding claim 4, Gueret discloses the application assembly, wherein the first material comprises a thermoplastic elastomer (TPE) (¶[0103]);
and the second material comprises polypropylene (PP) (¶[0103]).
Claim Rejections - 35 USC § 103
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 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 5 is rejected under 35 U.S.C. 103 as being unpatentable over Gueret.
Regarding claim 5, Gueret discloses the application assembly according to claim 1,
wherein a coupling portion is fixedly provided in the mounting member (¶[0121]- ¶[0122])
and the coupling portion is embedded into the application member (¶[0121]- ¶[0122])
Although the Gueret does not disclose an outer sidewall of the mounting member extends radially outward to form a retaining ring for coupling the two parts, it is the examiner's position it would have been obvious to one of ordinary skill in the art at the time the invention was made the two parts may be coupled via any suitable and known coupling structure, including a retaining ring, without effecting the overall operation of the device, especially since the Gueret discloses the two parts may be coupled in a variety of conventional ways (see ¶[0122]) and the Applicant has not indicated the particular manner in which the two parts are coupled is critical to the overall operation of the device.
Claims 6-8, 11-14, and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Gueret in view of Bourguignat et al. (US 20230232961 A1).
Regarding claim 6, Gueret discloses the application assembly according to claim 1.
However, Gueret does not teach a one-way valve.
Bourguignat et al. discloses a nib assembly comprising a base (item 111, figure 6) and a one-way valve (item 120, figure 6), wherein the mounting member is fixedly provided in the base (item 118, figure 6);
the one-way valve is provided in the base (figure 6, ¶[0023]);
a first feed hole is formed in the base (item 110a, figure 6);
and the one-way valve is configured to control a material to flow from an outside of the base to an inside of the base through the first feed hole (¶[0027]);
It would have been obvious to one having ordinary skill in the art at the time before the effective filing date of the claimed invention to have combined Bourguignat et al.’s one-way valve with Gueret’s application assembly to control material flow thus preventing contamination of the reservoir/material (see Bourguignat et al. ¶[0032]). Combining a known valve with a known application assembly yields a predictable improvement.
Regarding claims 7 and 17-20, Gueret discloses the application assembly according to claim 1.
However, Gueret does not teach a one-way valve.
Bourguignat et al. discloses a one-way valve provided between the mounting member and the base (item 124, figure 6);
a blocking portion is fixedly provided on the one-way valve (¶[0023]);
and the blocking portion is configured to seal the first feed hole (¶[0027]);
Applying Bourguignat et al.’s blocking portion to seal an inlet/outlet of a one-way valve assembly in claim 6 is routine and no inventive effort is required.
Regarding claim 8, Gueret discloses the application assembly according to claim 1.
However, Gueret does not teach protrusions provided on the base and mounting member.
Bourguignat et al. discloses a circle of first protrusion is provided on the mounting member (item 136, figure 6);
a circle of second protrusion is provided on the base (item 118, figure 6);
and the first protrusion is in interference fit with the second protrusion (¶[0024]).
It would have been obvious to one having ordinary skill in the art at the time before the effective filing date of the claimed invention to have combined Bourguignat et al.’s protrusions with Gueret’s application assembly in order to easily remove and customize the application assembly to be cleaned or replaces (see Bourguignat et al. ¶[0030]).
Regarding claim 11, Gueret discloses the application assembly, wherein two ends of the discharge hole respectively communicate with the flocking layer and the discharge channel (¶[0158]- ¶[0159]).
Regarding claim 12, Gueret discloses the application assembly, wherein the application member and the mounting member are integrally formed bicolor injection-molded member (¶[0122]);
the application member is made of a first material (¶[0104]);
the mounting member is made of a second material (¶[0104]);
and the first material and second material are different materials (¶[0122]).
Regarding claim 13, Gueret discloses the application assembly, wherein the first material comprises a thermoplastic elastomer (TPE) (¶[0103]);
and the second material comprises polypropylene (PP) (¶[0103]).
Regarding claim 14, Gueret discloses the application assembly,
wherein a coupling portion is fixedly provided in the mounting member (¶[0121]- ¶[0122])
and the coupling portion is embedded into the application member (¶[0121]- ¶[0122])
Although the Gueret does not disclose an outer sidewall of the mounting member extends radially outward to form a retaining ring for coupling the two parts, it is the examiner's position it would have been obvious to one of ordinary skill in the art at the time the invention was made the two parts may be coupled via any suitable and known coupling structure, including a retaining ring, without effecting the overall operation of the device, especially since the Gueret discloses the two parts may be coupled in a variety of conventional ways (see ¶[0122]) and the Applicant has not indicated the particular manner in which the two parts are coupled is critical to the overall operation of the device.
Claims 9, 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Gueret in view of Bourguignat et al. as applied to claim 6 above, and further in view of Breidenbach et al. (US 20020090247 A1).
Regarding claim 9, Gueret in view of Bourguignat et al. discloses a nib assembly according to claim 6 comprising a body assembly (Gueret: item 2, figure 24), wherein the nib assembly is fixedly provided in the body assembly (¶[0097] and ¶[0157]).
However, Gueret in view of Bourguignat et al. does not teach a lid assembly.
Breidenbach et al. discloses a material dispenser comprising a lid assembly (item 12, figure 1);
and the lid assembly covers the body assembly (¶[0047]).
It would have been obvious to one having ordinary skill in the art at the time before the effective filing date of the claimed invention to have combined Breidenbach et al.’s lid assembly with the nib assembly of Gueret in view of Bourguignat et al. in order to protect the product in the material dispenser when not in use (see Breidenbach et al. ¶[0047]).
Regarding claim 15, Gueret in view of Bourguignat et al. discloses a one-way valve provided between the mounting member and the base (Bourguignat et al. item 124, figure 6);
a blocking portion is fixedly provided on the one-way valve (Bourguignat et al. ¶[0023]);
and the blocking portion is configured to seal the first feed hole (Bourguignat et al. ¶[0027]).
Regarding claim 16, Gueret in view of Bourguignat et al. discloses discloses a circle of first protrusion is provided on the mounting member (Bourguignat et al. item 136, figure 6);
a circle of second protrusion is provided on the base (Bourguignat et al. item 118, figure 6);
and the first protrusion is in interference fit with the second protrusion (Bourguignat et al. ¶[0024]).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Gueret in view of Bourguignat et al. and Breidenbach et al. as applied to claim 9 above, and further in view of Zhong (US 20210267351 A1).
Regarding claim 10, Gueret in view of Bourguignat et al. and Breidenbach et al. discloses a body assembly, but is silent on the specific construction details of the body assembly.
Zhong discloses a material dispenser wherein the body assembly comprises a body (item 1, figure 1), a piston (item 8, figure 1), a nut (item 7, figure 1), a threaded rod (item 6, figure 1), a spring (item 9, figure 1), a rachet (item 4, figure 1), a rachet wheel (item 5, figure 1), a rachet seat (item 12, figure 1), and a button (item 3, figure 1);
the nut is provided in the body (¶[0031]);
the treaded rod is provided in the nut (¶[0031]);
the threaded rod is threadedly connected to the nut (¶[0031]);
the piston is fixedly provided at a first end of the threaded rod (¶[0031]);
the piston is airtightly attached to an inner sidewall of the body (¶[0038]);
the button is sleeved on a second end of the threaded rod (figure 2);
the rachet is provided in the rachet seat (figure 2);
both the rachet wheel and the rachet are sleeved on the threaded rod (¶[0031]);
the button is fixedly sleeved on the rachet (¶[0031]);
and the spring is provided between the rachet wheel and the nut (¶[0031]).
It would have been obvious to one having ordinary skill in the art at the time before the effective filing date of the claimed invention to have combined Zhong’s known discharge mechanism construction with the material dispenser of claim 9 as it yields a predictable result of a regulated dispensing of material. Applicant discloses the discharge mechanism of the instant invention is not limited and interchangeable, showing one of ordinary skill in the art would select among known dispensing mechanisms such as Zhong’s with a predictable expectation of the result.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NOAH J ARIF whose telephone number is (571)272-9620. The examiner can normally be reached 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Paul R 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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/NOAH JACOB ARIF/Examiner, Art Unit 3754
/PAUL R DURAND/Supervisory Patent Examiner, Art Unit 3754 July 13, 2026
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