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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-13 and 15-20 of this instant application are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 and 18 of U.S. Patent No. 12,251,724. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Instant Application Claims
US Patent No. 12,251,724
1. A plural component dispensing system configured to mix a first fluid component and a second fluid component into an activated plural component, the plural component dispensing system comprising: a first fluid source containing the first fluid component; a second fluid source containing the second fluid component; a proportioner fluidly coupled to the first fluid source and the second fluid source; an applicator including a mixer disposed remote from the first fluid source, the second fluid source, and the proportioner; a first heated hose fluidly coupling the proportioner to the applicator; a second heated hose fluidly coupling the proportioner to the applicator; and a controller electrically coupled to the first heated hose and the second heated hose, wherein the controller is configured to independently supply electric current to the first heated hose and to the second heated hose; wherein the controller is configured to regulate an amount of electrical energy provided to the first heated hose and the second heated hose by controlling the electric current from a power source to the first heated hose and the second heated hose such that the first fluid component and the second fluid component are alternatingly heated by the first heated hose and the second heated hose respectively.
1. A plural component dispensing system configured to mix a first fluid component and a second fluid component into an activated plural component, the plural component dispensing system comprising: a first fluid source containing the first fluid component; a second fluid source containing the second fluid component; a proportioner fluidly coupled to the first fluid source and the second fluid source; an applicator including a mixer disposed remote from the first fluid source, the second fluid source, and the proportioner; a first heated hose fluidly coupling the proportioner to the applicator; a second heated hose fluidly coupling the proportioner to the applicator; and a controller electrically coupled to the first heated hose and the second heated hose, wherein the controller is configured to independently supply an electric current to the first heated hose and independently supply an electric current to the second heated hose; wherein: the controller is configured to regulate an amount of electrical energy provided to the first heated hose and the second heated hose by controlling the electric current to the first heated hose and the electric current to the second heated hose from a power source; and the controller is configured to alternate providing the electric current to the first heated hose and the electric current to the second heated hose, such that one of the first heated hose and the second heated hose is depowered while the other one of the first heated hose and the second heated hose is powered.
2. The plural component dispensing system of claim 1, wherein: the first heated hose includes a first wire and a second wire extending a length of the first heated hose; the second heated hose includes a third wire and a fourth wire extending a length of the second heated hose; the first heated hose further includes a first inner tube defining a first fluid flowpath and includes a first sheath; and the second heated hose further includes a second inner tube defining a second fluid flowpath and includes a second sheath.
2. The plural component dispensing system of claim 1, wherein: the first heated hose includes a first wire and a second wire extending a length of the first heated hose; the second heated hose includes a third wire and a fourth wire extending a length of the second heated hose; the first heated hose further includes a first inner tube defining a first fluid flowpath and includes a first sheath; and the second heated hose further includes a second inner tube defining a second fluid flowpath and includes a second sheath.
3. The plural component dispensing system of claim 2, wherein the first wire and the second wire of the first heated hose are disposed radially between an external surface of the first inner tube and the first sheath, and wherein the first sheath encompasses the first wire and the second wire.
3. The plural component dispensing system of claim 2, wherein the first wire and the second wire of the first heated hose are disposed radially between an external surface of the first inner tube and the first sheath, and wherein the first sheath encompasses the first wire and the second wire.
4. The plural component dispensing system of claim 3, wherein: the first wire of the first heated hose extends along the external surface of the first inner tube in a helical configuration from a first end to a second end of the first heated hose; and the second wire of the first heated hose extends along the external surface of the first inner tube in a helical configuration from the second end to the first end of the first heated hose; wherein the helical configuration of the second wire is positioned in a plurality of pitch gaps of the helical configuration of the first wire.
4. The plural component dispensing system of claim 3, wherein: the first wire of the first heated hose extends along the external surface of the first inner tube in a helical configuration from a first end to a second end of the first heated hose; and the second wire of the first heated hose extends along the external surface of the first inner tube in a helical configuration from the second end to the first end of the first heated hose; wherein the helical configuration of the second wire is positioned in a plurality of pitch gaps of the helical configuration of the first wire.
5. The plural component dispensing system of claim 2, wherein the third wire and the fourth wire of the second heated hose are disposed radially between an external surface of the second inner tube and the second sheath, and wherein the second sheath encompasses the third wire and the fourth wire.
5. The plural component dispensing system of claim 2, wherein the third wire and the fourth wire of the second heated hose are disposed radially between an external surface of the second inner tube and the second sheath, and wherein the second sheath encompasses the third wire and the fourth wire.
6. The plural component dispensing system of claim 5, wherein: the third wire of the second heated hose extends along the external surface of the second inner tube in a helical configuration from a first end to a second end of the second heated hose; and the fourth wire of the second heated hose extends along the external surface of the second inner tube in a helical configuration from the second end to the first end of the second heated hose; wherein the helical configuration of the fourth wire is positioned in a plurality of pitch gaps of the helical configuration of the third wire.
6. The plural component dispensing system of claim 5, wherein: the third wire of the second heated hose extends along the external surface of the second inner tube in a helical configuration from a first end to a second end of the second heated hose; and the fourth wire of the second heated hose extends along the external surface of the second inner tube in a helical configuration from the second end to the first end of the second heated hose; wherein the helical configuration of the fourth wire is positioned in a plurality of pitch gaps of the helical configuration of the third wire.
7. The plural component dispensing system of claim 2, wherein: the first wire of the first heated hose is positioned within and extends through the flow path of the first inner tube from a first end to a second end of the first heated hose; the second wire of the first heated hose extends along an external surface of the first inner tube from the second end to the first end of the first heated hose; the first wire of the first heated hose is coupled to the first inner tube through couplings positioned at the first end and the second end of the first heated hose; and the second wire of the first heated hose is disposed between the external surface of the first inner tube and the first sheath.
7. The plural component dispensing system of claim 2, wherein: the first wire of the first heated hose is positioned within and extends through the flow path of the first inner tube from a first end to a second end of the first heated hose; the second wire of the first heated hose extends along an external surface of the first inner tube from the second end to the first end of the first heated hose; the first wire of the first heated hose is coupled to the first inner tube through couplings positioned at the first end and the second end of the first heated hose; and the second wire of the first heated hose is disposed between the external surface of the first inner tube and the first sheath.
8. The plural component dispensing system of claim 2, wherein the third wire of the second heated hose is positioned within and extends through an interior of the second inner tube from a first end to a second end of the second heated hose; the fourth wire of the second heated hose extends along an external surface of the second inner tube from the second end to the first end of the second heated hose; the third wire of the second heated hose is coupled to the second inner tube through couplings positioned at the first end and the second end of the second heated hose; and the fourth wire of the second heated hose is disposed between the external surface of the second inner tube and the second sheath.
8. The plural component dispensing system of claim 2, wherein the third wire of the second heated hose is positioned within and extends through an interior of the second inner tube from a first end to a second end of the second heated hose; the fourth wire of the second heated hose extends along an external surface of the second inner tube from the second end to the first end of the second heated hose; the third wire of the second heated hose is coupled to the second inner tube through couplings positioned at the first end and the second end of the second heated hose; and the fourth wire of the second heated hose is disposed between the external surface of the second inner tube and the second sheath.
9. The plural component dispensing system of claim 2, wherein the first wire of the first heated hose is positioned within and extends through an interior of the first inner tube from a first end to a second end of the first heated hose; the second wire of the first heated hose extends along an external surface of the first inner tube in a helical configuration from the second end to the first end of the first heated hose; the first wire of the first heated hose is coupled to the first inner tube through couplings positioned at the first end and the second end of the first heated hose; and the second wire of the first heated hose is disposed between the external surface of the first inner tube and the first sheath.
9. The plural component dispensing system of claim 2, wherein the first wire of the first heated hose is positioned within and extends through an interior of the first inner tube from a first end to a second end of the first heated hose; the second wire of the first heated hose extends along an external surface of the first inner tube in a helical configuration from the second end to the first end of the first heated hose; the first wire of the first heated hose is coupled to the first inner tube through couplings positioned at the first end and the second end of the first heated hose; and the second wire of the first heated hose is disposed between the external surface of the first inner tube and the first sheath.
10. The plural component dispensing system of claim 2, wherein the third wire of the second heated hose is positioned within and extends through an interior of the second inner tube from a first end to a second end of the second heated hose; the fourth wire of the second heated hose extends along an external surface of the second inner tube in a helical configuration from the second end to the first end of the second heated hose; the third wire of the second heated hose is coupled to the second inner tube through couplings positioned at the first end and the second end of the second heated hose; and the fourth wire of the second heated hose is disposed between the external surface of the second inner tube and the second sheath.
10. The plural component dispensing system of claim 2, wherein the third wire of the second heated hose is positioned within and extends through an interior of the second inner tube from a first end to a second end of the second heated hose; the fourth wire of the second heated hose extends along an external surface of the second inner tube in a helical configuration from the second end to the first end of the second heated hose; the third wire of the second heated hose is coupled to the second inner tube through couplings positioned at the first end and the second end of the second heated hose; and the fourth wire of the second heated hose is disposed between the external surface of the second inner tube and the second sheath.
11. The plural component dispensing system of claim 1, wherein the controller is configured to: transfer the electric current from the power source to the first heated hose according to a first frequency, the first frequency having a first on period during which electric current is provided to the first heated hose and a first off period during which electric current is not provided to heat the first heated hose; and transfer the electric current from the power source to the second heated hose according to a second frequency, the second frequency having a second on period during which electric current is provided to the second heated hose and a second off period during which electric current is not provided to heat the second heated hose; wherein the controller is configured such that the first on period is concurrent with the second off period and such that the second on period is concurrent with the first off period.
11. The plural component dispensing system of claim 1, wherein the controller is configured to: transfer the electric current from the power source to the first heated hose according to a first frequency, the first frequency having a first on period during which electric current is provided to the first heated hose and a first off period during which electric current is not provided to heat the first heated hose; and transfer the electric current from the power source to the second heated hose according to a second frequency, the second frequency having a second on period during which electric current is provided to the second heated hose and a second off period during which electric current is not provided to heat the second heated hose; wherein the controller is configured such that the first on period is concurrent with the second off period and such that the second on period is concurrent with the first off period.
12. A heating assembly for a plural component dispensing system configured to mix a first fluid component and a second fluid component into an activated plural component, the heating assembly comprising: a first heated hose configured to convey the first fluid component; a second heated hose configured to convey the second fluid component; and a controller electrically coupled to the first heated hose and the second heated hose, wherein the controller is configured to independently cause the first heated hose to heat the first fluid component and the second heated hose to heat the second fluid component; wherein the controller is configured to regulate an amount of electrical energy provided to the first heated hose and the second heated hose such that the first heated hose heats the first fluid component alternating with the second fluid hose heating the second fluid component.
1. A plural component dispensing system configured to mix a first fluid component and a second fluid component into an activated plural component, the plural component dispensing system comprising: a first fluid source containing the first fluid component; a second fluid source containing the second fluid component; a proportioner fluidly coupled to the first fluid source and the second fluid source; an applicator including a mixer disposed remote from the first fluid source, the second fluid source, and the proportioner; a first heated hose fluidly coupling the proportioner to the applicator; a second heated hose fluidly coupling the proportioner to the applicator; and a controller electrically coupled to the first heated hose and the second heated hose, wherein the controller is configured to independently supply an electric current to the first heated hose and independently supply an electric current to the second heated hose; wherein: the controller is configured to regulate an amount of electrical energy provided to the first heated hose and the second heated hose by controlling the electric current to the first heated hose and the electric current to the second heated hose from a power source; and the controller is configured to alternate providing the electric current to the first heated hose and the electric current to the second heated hose, such that one of the first heated hose and the second heated hose is depowered while the other one of the first heated hose and the second heated hose is powered.
13. The heating assembly of claim 12, wherein the controller is configured to: transfer electric current from a power source to the first heated hose according to a first frequency, the first frequency having a first on period during which electric current is provided to the first heated hose to cause the first heated hose to heat the first fluid component; and transfer the electric current from the power source to the second heated hose according to a second frequency, the second frequency having a second on period during which electric current is provided to the second heated hose to cause the second heated hose to heat the second fluid component.
11. The plural component dispensing system of claim 1, wherein the controller is configured to: transfer the electric current from the power source to the first heated hose according to a first frequency, the first frequency having a first on period during which electric current is provided to the first heated hose and a first off period during which electric current is not provided to heat the first heated hose; and transfer the electric current from the power source to the second heated hose according to a second frequency, the second frequency having a second on period during which electric current is provided to the second heated hose and a second off period during which electric current is not provided to heat the second heated hose; wherein the controller is configured such that the first on period is concurrent with the second off period and such that the second on period is concurrent with the first off period.
15. A method of operating a plural component dispensing system configured to mix a first fluid component and a second fluid component into an activated plural component material, the method comprising: transferring, by a controller, electric current from a power source to a first heating circuit of a first heated hose to cause the first heated hose to heat the first fluid component within the first heated hose; transferring, by the controller, the electric current from the power source to a second heating circuit of a second heated hose to cause the second heated hose to heat the second fluid component within the second heated hose; and alternatingly causing the first heated hose to heat the first fluid component and causing the second heated hose to heat the second fluid component.
12. A method of operating a plural component dispensing system configured to mix a first fluid component and a second fluid component into an activated plural component material, the method comprising: transferring, by a controller, electric current from a power source to a first heating circuit of a first heated hose for a first on time period; transferring, by the controller, the electric current from the power source to a second heating circuit of a second heated hose for a second on time period; and alternatingly powering the first heating circuit and the second heating circuit such that the first on time period alternates with the second on time period, such that the first heating circuit is powered while the second heating circuit is depowered.
16. The method of claim 15, wherein alternatingly causing the first heated hose to heat the first fluid component and causing the second heated hose to heat the second fluid component comprises: powering the first heating circuit for a first on time period and powering the second heating circuit for a second on time period such that the first heating circuit is powered while the second heating circuit is depowered.
12. A method of operating a plural component dispensing system configured to mix a first fluid component and a second fluid component into an activated plural component material, the method comprising: transferring, by a controller, electric current from a power source to a first heating circuit of a first heated hose for a first on time period; transferring, by the controller, the electric current from the power source to a second heating circuit of a second heated hose for a second on time period; and alternatingly powering the first heating circuit and the second heating circuit such that the first on time period alternates with the second on time period, such that the first heating circuit is powered while the second heating circuit is depowered.
17. The method of claim 16, wherein the first on period does not overlap with the second on period, and wherein the first on period is a first length and the second on period is a second length, the first length is the same as the second length.
13. The method of claim 12, wherein the first on period does not overlap with the second on period, and wherein the first on period is a first length and the second on period is a second length, the first length is the same as the second length.
18. The method of claim 15, further comprising: directing, by the controller, the electric current to a first wire of the first heating circuit, the first wire extending a length of the first heated hose from a first axial end to a second axial end; and receiving, by the controller, a return flow of the electric current from a second wire of the first heating circuit, the second wire extending a length of the first heated hose from the second axial end to the first axial end.
14. The method of claim 12, further comprising: directing, by the controller, the electric current to a first wire of the first heating circuit, the first wire extending a length of the first heated hose from a first axial end to a second axial end; and receiving, by the controller, a return flow of the electric current from a second wire of the first heating circuit, the second wire extending a length of the first heated hose from the second axial end to the first axial end.
19. The method of claim 15, further comprising: heating the first fluid component flowing through an inner tube of the first heated hose by heat generated by the electric current through the first wire, the first wire at least one of wrapped helically about the inner tube and at least partially disposed within a flowpath of the first fluid component through the inner tube.
15. The method of claim 14, further comprising: heating the first fluid component flowing through an inner tube of the first heated hose by heat generated by the electric current through the first wire, the first wire wrapped helically about the inner tube.
16. The method of claim 14, further comprising: heating the first fluid component flowing through an inner tube of the first heated hose by heat generated by the electric current through the first wire, the first wire at least partially disposed within a flowpath of the first fluid component through the inner tube.
20. The method of claim 15 and further comprising: regulating, by the controller, a temperature generated by the first heated hose by controlling a transfer rate of the electric current from the power source to the first heating circuit; and regulating, by the controller, a temperature generated by the second heated hose by controlling a transfer rate of the electric current from the power source to the second heated hose.
18. The method of claim 12 and further comprising: supplying heat to the first heated hose by passing the electric current through a first wire extending from a first end of the first heated hose to a second end of the first heated hose; returning the electric current to the controller through a second wire extending from the second end of the first heated hose to the first end of the first heated hose; supplying heat to the second heated hose by passing the electric current through a third wire extending from a first end of the second heated hose to a second end of the second heated hose; and returning the electric current to the controller through a fourth wire extending from the second end of the second heated hose to the first end of the second heated hose.
It is clear that all the elements of claims 1-13 and 15-20 of this instant application are to be found in claims 1-16 and 18 of the patent. The difference between claims of the application and the patent lies in the fact that the patent claim includes many more elements and is thus much more specific. Thus the invention of claims of the patent is in effect a “species” of the “generic” invention of claims of the application. It has been held that the generic invention is “anticipated” by the “species”. See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). Since claims of the application is anticipated by claims of the patent as cited in the above, the claims of the application are not patentably distinct from claims of the patent.
Following the rationale of in In re Goodman cited in the preceding paragraph, where applicant has once been granted a patent containing a claim for the specific or narrower invention, applicant may not then obtain a second patent with a claim for the generic or broader invention without first submitting an appropriate terminal disclaimer.
Allowable Subject Matter
Claim 14 is 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.
State of the prior arts
The following is an examiner’s statement of reasons for the novelty of claims 1, 12 and 15: The closest prior art to the claimed invention is to Brudevold (US 2015/0226362). Brudevold discloses a plural component dispensing system to mix a first fluid component and a second fluid component into an activated plural component, and having a first fluid source containing the first fluid component; a second fluid source containing the second fluid component; a proportioner fluidly coupled to the first fluid source and the second fluid source; an applicator including a mixer disposed remote from the first fluid source, the second fluid source, and the proportioner; a first heated hose fluidly coupling the proportioner to the applicator; a second heated hose fluidly coupling the proportioner to the applicator; and a controller electrically coupled to the first heated hose and the second heated hose, the controller to independently supply electric current to the first heated hose and to the second heated hose. In combination with other claimed limitations, Brudevold and or any other prior arts fails to teach, suggest or make it obvious to a person skilled in the art the novelty of the invention with regard to the controller to regulate an amount of electrical energy provided to the first heated hose and the second heated hose by controlling the electric current from a power source to the first heated hose and the second heated hose such that the first fluid component and the second fluid component are alternatingly heated by the first heated hose and the second heated hose respectively.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Bob Zadeh whose telephone number is (571)270-5201. The examiner can normally be reached Monday-Friday 8am-4pm E.
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/BOB ZADEH/Primary Examiner, Art Unit 3754
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