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
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 and 15-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent 5,960,907 (Chau).
In Re claim 1 Chau discloses a magnetic fluid assist device comprising: a reservoir housing (funnel 220) adapted to retain a volume of fluid; and a magnetic surface coupler (300) attached to the reservoir housing.
Chau performs the method of claims 15 and 16 during ordinary use and operation. Regarding the limitation of a closable opening in claim 16. The mouth of funnel 220 can be covered by a cap and so meets the limitation of a closable opening.
Regarding claim 17 the step of attaching or detaching the funnel to a target using the magnetic interface (300) meets the broadest reasonable interpretation of adjusting a position of the reservoir on the target item by manipulating the magnets.
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) 1-8, 15, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US PGPub 2015/0232319 (Wedderburn) in view of US Patent 8,210,572 (Davis).
In Re claim 1 Wedderburn discloses a fluid assist device comprising a reservoir housing (100a) adapted to retain a volume of fluid, and a surface coupler (200a) attached to the reservoir housing.
Wedderburn fails to discloses a magnetic surface coupler.
Davis discloses a coupling mechanism comprising a magnetic coupling device (303 and 305 in Figures 3a-3c).
Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to modify he Wedderburn apparatus by adapting the surface coupler to couple to a destination container using a magnetic surface coupler, since the substitution of one known element for another known element to achieve predictable results requires only ordinary skill in the art.
In Re claim 2 Wedderburn discloses a reservoir housing including a portion of a common interface (600 in Figure 7C); the surface coupler including another portion of a common interface (800 in Figure 7C); and the portion of the common inter face and the another portion of the common interface are configured to fit together to provide a fluid-sealed connection between the reservoir housing and the surface coupler, the fluid sealed connection enabling fluid communication between the reservoir housing and the surface coupler (shown in Figure 7D).
In Re claim 3 Wedderburn discloses a common interface comprising a sealing element which is integrated with the portion of the common interface (O-rings shown operating as sealing elements in Figure 7D).
In Re claim 4 Davis discloses a magnetic coupling element comprising at least one magnetic element (134 in Figure 1A).
In Re claim 5 Davis discloses a magnetic coupling element comprising at least one magnet oriented about a perimeter of the magnetic surface coupler (134 in Figure 1A).
In Re claim 6 Davis discloses a gasket (146) configured to provide a sealed interface between the magnetic surface coupler and a target (the other magnetic coupler).
In Re claim 7 Wedderburn discloses a flexible material (Paragraph 210) which meets the intended use of fitting around obstacles while maintaining a sealed interface between the surface coupler and a target item.
In Re claim 8 Davis discloses a gasket that is configured to provide the sealed interface affixed to an interface surface of the magnetic surface coupler (146 in Figure 1B); and the interface surface is configured as a substantially planar surface, and wherein: a cross-sectional shape of the interface surface comprises a circle (Shown in Figures 1A and 1B).
Wedderburn in view of Davis performs the method of claims 15 and 20 during ordinary use and operation.
Claim(s) 9-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 11,470,904 (Stahl).
In Re claim 9 Stahl discloses a device for applying fluid to a surface comprising a tube (110) with an open end (protrusion 170); a magnet (176) disposed around the open end; a gasket (174) surrounding the open end for sealing against a surface; and an opening at another end of the tube (inherent in the function of the tube to convey liquid), opposite the open end, the opening configured to enable addition of fluids into the tube.
Stahl doesn’t disclose a removable cap for sealing the opening.
The use of a cap to seal a component of a fluid conveying system when not in use, for the purpose of preventing contamination of the system, was old and well known in the art at the effective filing date of the invention.
Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to modify the Stahl apparatus by providing a removable cap for the opening of the tube, in order to prevent the interior surface of the tube from being contaminated when the tube is not in use.
In Re claim 10 statements of intended use are considered anticipated where the prior art apparatus could perform the intended use. In this case, the magnet of Stahl could secure the device to metal surfaces: and seal the device to metal surfaces, via the gasket.
In Re claim 11 Stahl discloses a reservoir attached to the other end for holding fluids, the reservoir in fluid communication with the open end of the tube, via the opening at the other end of the tube (Column 7, lines 43-58).
In Re claim 12 Stahl discloses many limitations, but doesn’t explicitly disclose a cap for the reservoir.
The use of a cap to seal a component of a fluid conveying system when not in use, for the purpose of preventing contamination of the system, was old and well known in the art at the effective filing date of the invention.
Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to modify the Stahl apparatus by providing a removable cap for the reservoir, in order to prevent the interior surface of the reservoir from being contaminated when not in use.
Allowable Subject Matter
Claims 13, 14, 18 and 19 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.
Conclusion
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/JASON K NIESZ/Primary Examiner, Art Unit 3753