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 .
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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.
Claims 1, 2, and 12-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cimentepe (US 20100059546 A1).
Regarding claim 1, Cimentepe discloses a dispensing cap in the art of dispensers comprising the following elements:
a base (Cimentepe, Fig. 5 closure 9) having
a dispensing channel (Cimentepe, Fig. 5 discharge tubes 5, 27)
and configured to be attached to a bottle neck of a bottle (Cimentepe, receptacle 3),
the base having a receptacle (Cimentepe, Fig. 5 receptacle wall 8; linking receptacle 20);
a base piston element disposed in the base (Cimentepe, Fig. 5 bellows 16 and closure head 9)
and movable between a first position (Cimentepe, paragraph [0038] "The bellows 16 forces the closure head 9 counter to the arrow direction x and thus displaces the closure head 9 back again, following actuation, into the starting position.")
and a second position (Cimentepe, paragraph [0035] "The closure head 9 can be displaced in arrow direction x until the free end strikes against that end region of the storage chamber")
such that as fluid disposed in the bottle is forced toward the dispensing channel to dispense the fluid at least a portion of the fluid engages the base piston element and moves the base piston element toward the second position (Cimentepe [0043] lines 9-12 "Some of the first substance 4 acts on the separating body T, in the form of the feeding piston 28, and some more of the first substance 4 is pumped through the discharge tube 27");
and a cartridge (Cimentepe, Fig. 5 linking receptacle 20) disposed in the receptacle of the base (Cimentepe, Fig. 1 grooves 18; projecting peripheral region 1),
wherein the base piston element is configured to drive a cartridge piston element of the cartridge as the base piston element is moved from the first position toward the second position (Cimentepe, paragraph [0043] lines 13-16 "operation of the dispenser 1 forces the first substance 4 against the feeding piston 28 and displaces the latter in the direction of the discharge opening 24.").
Regarding claim 2, Cimentepe further discloses the following elements:
the base includes a guide channel along which at least a portion of the base piston element moves (Cimentepe, Fig. 5 receptacle wall 8).
and the dispensing channel extends within the guide channel (Cimentepe, Fig. 5 discharge tube 7).
Regarding claim 12, Cimentepe discloses in the art of dispensers the following elements:
A dispensing cap base (Cimentepe, Fig. 5 cap housing 23) for removably coupling to a bottle neck of a bottle (Cimentepe: [0022] lines 15-17), the dispensing cap base comprising:
a main body (Cimentepe, Fig. 5 cap housing 23)
and a base piston element (Cimentepe, Fig. 5 main piston 12),
the main body including: a first end comprising a receptacle for receiving a cartridge (Cimentepe, Fig. 4 opposite end of cap housing 127);
a second end comprising an ingress portion for receiving a fluid from the bottle (Cimentepe, Fig. 5 end of cap housing 25);
a dispensing channel extending from the first end to the second end for dispensing fluid from the bottle (Cimentepe, Fig. 4 dispensing end 106; one-way valve 107; openings 130, and 132);
and a guide channel disposed about the dispensing channel (Cimentepe: Fig. 5 cylindrical lower portion 24),
the base piston element being movable between a first position and a second position along the guide channel to engage the cartridge when fluid from the bottle is received in the ingress portion (Cimentepe, paragraph [0023] lines 13-15, paragraph [0023] lines 8-11).
Regarding claim 13, Cimentepe discloses in the art of dispensers the following elements:
the ingress portion includes at least one cap base opening through which fluid is able to flow between the dispensing channel and the guide channel to engage the base piston element (Cimentepe, Fig. 6 valve 7).
Regarding claim 14, Cimentepe discloses in the art of dispensers the following elements:
the base piston element has an annular configuration (Cimentepe, Fig. 6 pumping chamber 17 surrounding bellows 16)
and includes an inner seal and an outer seal, the inner seal engaging an outer surface of the dispensing channel (Cimentepe, Fig. 6 top of bellows 16)
and the outer seal engaging the guide channel (Cimentepe, Fig. 6 interface between closure 9 and wall 8).
Regarding claim 15, Cimentepe discloses in the art of dispensers the following elements:
the base piston element has an annular configuration and is disposed about the dispensing channel (Cimentepe, Fig. 6 pumping chamber 17 surrounding bellows 16),
the base piston element including a cylindrical portion disposed radially inward of the guide channel (Cimentepe, Fig. 6 top of bellows 16)
and a flange portion disposed substantially radially outward of the guide channel at one end of the cylindrical portion for engaging a cartridge received in the receptacle (Cimentepe, Fig. 6 inner head part 13).
Regarding claim 16, Cimentepe discloses in the art of dispensers the following elements:
a body removably attachable to a dispensing cap (Cimentepe, Fig. 6 linking receptacle 20),
the body defining at least a portion of a cavity comprising a first fluid, an internal cylindrical wall of the body defining at least a portion of a central opening of the body (Cimentepe, Fig. 6 linking receptacle 20);
a valve element attached to an outer surface of the body (Cimentepe, Fig. 6 inlet valve 24, outlet valve 12),
wherein a tube portion of the valve element extends within the central opening of the body, the tube portion having a first end to receive a second fluid flowing into the tube portion from the dispensing cap and a second end through which the first and second fluids are dispensed (Cimentepe, discharge tube 27),
the tube portion comprising at least one outlet opening in a wall of the tube portion through which the first fluid is able to be dispensed from the cavity to join the second fluid in the tube portion (Cimentepe, Fig. 6 slot 30);
a cartridge piston element disposed within the cavity of the body and about the central opening and movable between a first position and a second position to force the first fluid toward the at least one outlet opening (Cimentepe, cartridge piston 28).
Regarding claim 17, Cimentepe discloses in the art of dispensers the following elements:
the cartridge piston element including one or more outer sealing elements configured to contact an outer wall of the body to seal the first fluid within the cavity, the cartridge piston element further including one or more inner sealing elements configured to contact the cylindrical wall of the central opening to seal the first fluid within the cavity (Cimentepe, Fig. 6 ),
Regarding claim 18, Cimentepe discloses in the art of dispensers the following elements:
The cartridge of claim 16, wherein the cartridge piston element has an annular configuration and comprises a plurality of ribs spaced about an outer surface to engage a base piston element of the dispensing cap that drives the cartridge piston element from the first position toward the second position.
Claim 11 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Worthington (US 20110204090 A1).
Regarding claim 11, Worthington discloses a dispenser cap comprising the following elements:
A container (Worthington, paragraph [0020] lines 5-8) comprising:
a base (Worthington, Fig. 1 cap housing 23)
having a dispensing channel (Worthington, Fig. 1 hole 30, Fig. 4, dispensing end 106; one-way valve 107; openings 130, and 132)
and configured to be attached to a bottle neck of a bottle (Worthington, paragraph [0022] lines 15-17),
the base having a receptacle (Worthington, Fig 1 cap housing 23),
a base piston element disposed in the base and movable between a first position and a second position (Worthington, paragraph [0023] lines 13-15, paragraph [0023] lines 8-11)
such that as fluid disposed in the bottle is forced toward the dispensing channel to dispense the fluid at least a portion of the fluid engages the base piston element and moves the base piston element toward the second position (Worthington, paragraph [0023] lines 21-25);
threaded onto the bottle neck of a bottle (Worthington, paragraph [0022] lines 15-17)
wherein a primary fluid is disposed in the bottle (Worthington, paragraph [0010] lines 3-6)
and a secondary fluid is disposed in the cartridge (Worthington, paragraph [0021] lines 1-4).
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 3-5, 7, 12 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Cimentepe (US 20100059546 A1) in view of Roggenburg et al. (US 4474314 A), hereinafter Roggenburg.
Regarding claim 3, Cimentepe discloses a dispenser comprising the following elements:
a container (Cimentepe, Fig. 5 container 20).
As stated above, Cimentepe discloses the invention substantially as claimed, including
all of the elements of claim 3 of the current invention except for the following elements:
a valve element coupled to an outer surface of the container,
the valve element having a tube portion extending within the container,
the tube portion including at least one outlet opening in a wall thereof,
the tube portion being movable relative to the container between a first position where the at least one outlet opening is covered by an inner wall of the container to inhibit a fluid in the container from flowing into the tube portion via the at least one outlet opening
and a second position in which the fluid in the container is able to flow through the at least one outlet opening and into the tube portion.
on which Cimentepe is silent.
Roggenburg teaches in the art of dispensers the following elements:
a valve element coupled to an outer surface of the container (Roggenburg, Fig 7, valve seat 6; Fig. 9 hole periphery 7a),
the valve element having a tube portion extending within the container (Roggenburg Fig. 9 sleeve 10),
the tube portion including at least one outlet opening in a wall thereof (Roggenburg Fig. 7 sleeve 10a),
the tube portion being movable relative to the container (Roggenburg col. 4 lines 35-38)
between a first position where the at least one outlet opening is covered by an inner wall of the container to inhibit a fluid in the container from flowing into the tube portion via the at least one outlet opening (Roggenburg col. 4 lines 43-47)
and a second position in which the fluid in the container is able to flow through the at least one outlet opening and into the tube portion (Roggenburg col. 4 lines 47-50).
It would have been obvious to one of ordinary skill in the art of dispensers before the effective filing date of the claimed invention to have combined the disclosures of the dispenser and container of Cimentepe, with the valve element in the teachings of Roggenburg to provide a means of positively closing the cartridge contents when not attached to the dispenser device.
Regarding claim 4, Cimentepe discloses the dispensing cap is “configured such that attaching the cartridge to the base of the dispensing cap brings an end of the tube portion into engagement with an end of the dispensing channel of the base” (Cimentepe, paragraph [0021] "In the case of the linking receptacle, the latter can be connected to the first receptacle by a push-in connection” but is silent on “moving the tube portion to open the at least one outlet opening”.
Roggenburg further teaches in the art of dispensers “moving the tube portion to open the at least one outlet opening” (Roggenburg, Fig. 7 ring lock RL; col. 5 lines 31-34 “To rotatively interconnect the cap and base, the cap has a depending skirt 7a which fits over the upper portion of the base, the two being shaped to form a ring lock RL").
It would have been obvious to one of ordinary skill in the art of dispensers before the effective filing date of the claimed invention to have combined the disclosures of the dispensing cap and engagement of the tube portion of the cartridge to the base of Cimentepe, with moving the tube portion to open the at least one outlet opening in the teachings of Roggenburg to provide a means of readying the cartridge for use when attached to the dispenser device.
Regarding claim 5, Roggenburg teaches in the art of dispensers:
the tube portion includes four of the at least one outlet openings (Roggenburg, Fig. 4 slots 10a).
Therefore, since the inclusion of four outlet openings would allow for dispensing a product stream in the form of stripes, the modified device of Cimentepe and Roggenburg, as applied to claim 3, through Roggenburg teaches the invention of claim 5.
Regarding claim 7, Cimentepe further discloses in the art of dispensers:
the dispensing channel is in fluid communication with the tube portion via an outlet orifice of the dispensing channel when the cartridge is attached to the base (Cimentepe paragraph [0021] lines 1-5).
Therefore, since the inclusion of the dispensing channel being in fluid communication with the outlet orifice when the cartridge is attached to the base would allow for dispensing a mixed product stream, the modified device of Cimentepe and Roggenburg, as applied to claim 3, through Cimentepe teaches the invention of claim 7.
Regarding claim 19, Roggenburg teaches in the art of dispensers:
the tube portion includes four of the at least one outlet openings (Roggenburg, Fig. 4 slots 10a).
Therefore, since the inclusion of four outlet openings would allow for dispensing a product stream in the form of stripes, the modified device of Cimentepe and Roggenburg, as applied to claim 16, through Roggenburg teaches the invention of claim 19.
Regarding claim 20, Roggenburg teaches in the art of dispensers:
the valve element is elastically deflectable such that the tube portion is movable along an axis of the central opening to close and open the at least one outlet opening (Roggenburg col. 4 lines 35-38 "This sleeve is telescoped on the cylindrical side of the pedestal so as to be axially and rotatively slidable on this side, and is part of the cap that is now designed to rotate on the base of the valve").
Therefore, since inclusion of the elastic deflectable valve element would allow for a valve to close when actuation of the valve is not present, the modified device of Cimentepe and Roggenburg, as applied to claim 16, through Roggenburg teaches the invention of claim 20.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over the modified device of Cimentepe and Roggenburg as applied to claim 7 above, and further in view of Pikowski (US 7665631 B2).
Regarding claim 8, the modified device of Cimentepe and Roggenburg, as applied to claim 7, teaches that which is old and well known in the art of dispensers the invention substantially as claimed, including all of the elements of the claim 7 except for expressly stating the following dimensions:
the outlet orifice has a diameter of about 1.5 mm to about 3.0 mm
and the tube portion includes four of the at least one outlet openings, each having a diameter between about 2.5 mm to about 3.5 mm.
Pikowski teaches a Double Chamaber Variable Condiment Dispenser Bottle the following:
the outlet orifice has a diameter of about 1.5 mm to about 3.0 mm
and the tube portion includes four of the at least one outlet openings, each having a diameter between about 2.5 mm to about 3.5 mm (Pikowski, Fig. 4 apertures 70; col. 4 lines 20-24 “typical dimensions of the rectangular slots or apertures 70 are 1 mm. by 5 mm. Depending on the viscosity of the condiments used, these dimensions may vary to suit the task at hand”).
It would have been obvious to one of ordinary skill in the art of dispensers before the effective filing date of the claimed invention to have modified the modified device of Cimentepe and Roggenburg, as applied to claim 3, to incorporate the teachings of the range of aperture dimensions of between 1 mm to 5 mm to accommodate, as a design choice, the viscous products of the present invention.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over the modified device of Cimentepe and Roggenburg as applied to claim 3 above, and further in view of Bartolucci (US 20210060544 A1).
Regarding claim 6, the modified device of Cimentepe and Roggenburg, as applied to claim 3, through Bartolucci teaches that which is old and well known in the art of dispensers the invention substantially as claimed, including all of the elements of the claim 6 except for expressly stating a fluid in the container of the cartridge has a viscosity ranging from about 7,000 centipoise to about 20,000 centipoise.
Bartolucci teaches a fluid in the container of the cartridge has a viscosity ranging from about 7,000 centipoise to about 20,000 centipoise (Bartolucci, [0041] lines 1-3 "the viscous product has a viscosity of between 5,000 and 35,000 centipoise”). It would have been obvious to one of ordinary skill in the art of dispensers before the effective filing date of the claimed invention to have modified the modified device of Cimentepe and Roggenburg, as applied to claim 3, to incorporate the teachings of Bartolucci to accommodate, as a design choice, products in the range of viscosities between about 7,000 to about 20,000 centipoise.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Cimentepe (US 20100059546 A1) in view of Hiltser et al. (US 2020132247 A1), hereinafter Hiltser.
Cimentepe discloses in the art of dispensers the invention substantially as claimed, including all of the elements of the claim 9 except for the following elements:
a flip-top lid hingedly attached to the base (Hiltser, Fig. 3 flip-top lid 22)
wherein the flip-top lid includes an interior projection (Hiltser, Fig. 3 projection 90) comprising
a first sealing surface configured to block egress of fluid from the dispensing channel of the base, and a second sealing surface configured to block egress of fluid through the at least one outlet opening of the cartridge (Hiltser, [0061] lines 1-3).
In claim 9, the combination of Cimentepe and Hiltser does not disclose the device having a second sealing surface configured to block egress of fluid through the at least one outlet opening of the cartridge. However, MPEP §2144.04 recites that the duplication of parts has no patentable significance unless a new and unexpected result is produced. In this instance, Applicant’s disclosure does not appear to highlight or explain a new and unexpected result from the duplication of the sealing surface to block egress of fluid through the at least one outlet opening of the cartridge. While considered, the duplication of the sealing surfaces is not afforded patentable weight in a determination of allowability.
It would have been obvious to one of ordinary skill in the art of dispensers before the effective filing date of the claimed invention to have combined the disclosures of the dispensing cap of Cimentepe, with the flip-top lid and interior projection with sealing surfaces in the teachings of Hiltser to provide a means of ensuring a positive closure of the cartridge and prevent leaking of the products from the dispensing apertures.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Cimentepe (US 20100059546 A1) in view of Nelson et al (WO 2018057938 A1), hereinafter Nelson.
Cimentepe discloses in the art of dispensers the invention substantially as claimed, including all of the elements of the claim 9 except for the following elements:
external threads for being threaded into the receptacle, wherein one or more projections on the external threads engage one or more recesses on internal threading of the receptacle to provide a user an auditory and/or tactile indication when the cartridge is positioned correctly in the receptacle.
Nelson teaches external threads for being threaded into the receptacle, wherein one or more projections on the external threads engage one or more recesses on internal threading of the receptacle to provide a user an auditory and/or tactile indication when the cartridge is positioned correctly in the receptacle (Nelson, pg. 14 lines 23-26 "at least one lobe 21 and/or 33 on a screw thread 14 and/or 31 that engages with the complementary screw thread 31 and/or 14, creating a haptic and/or tactile and/or visible 25 feedback when the lid 30 is fully and tightly screwed on to the cup 11 such that leakage and/or contamination of the contents is prevented during storage and transport").
It would have been obvious to one of ordinary skill in the art of dispensers before the effective filing date of the claimed invention to have combined the disclosures of the dispensing cap of Cimentepe, with the screw threads with lobes configuration of Nelson to provide tactile feedback to ensure the cartridge is properly attached to the dispenser.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Takeishi (US 4082163 A) discloses a valve with an aperture on a cylinder wall which is opened and closed by a plunger.
Schmoll (US 20170072347 A1) discloses a valve engagement member that engages with a projection of the valve body.
Pires (US 20090052971 A1) discloses a dispenser comprising co-axial pistons, dual chambers, a cartridge and a guide with a dispensing channel.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALAN RAYMOND ETZEL whose telephone number is (571)305-5217. The examiner can normally be reached Mon-Thu 7:00a-4:30p Fri 7:00a-11:00p.
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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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ALAN RAYMOND ETZEL/
Examiner, Art Unit 3754
/PAUL R DURAND/Supervisory Patent Examiner, Art Unit 3754 October 5, 2026
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