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 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) 1-4 and 7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Miller et al. (US Patent No. 5,875,934).
Re: Claim 1, Miller discloses the claimed invention including a dispensing apparatus comprising:
a body (12) having an open top section and a bottom section (48), further comprising:
at least one dispensing aperture (56) and a first attachment aperture (outlining aperture) proximate the top section (Depicted in Fig. 3);
a second and third attachment aperture proximate the bottom section (Depicted in Figs. 6-7);
a leaf spring (54) hingedly attached to the top proximate the first attachment aperture (Fig. 3, Col. 5, lines 31, living hinge is a form of leaf spring);
an actuator (20) having a conduit (22) defined by a dispensing opening (26) and an inflow opening slidably arranged within the body (Depicted Fig. 9);
a top cover (52) having a fixed section (72) frictionally secured within the first attachment aperture and a movable section (57) hingedly connected to the fixed section (Figs. 1-3);
a bottom cover (50) rotatably secured to the bottom section of the body; and,
a quick-release attachment (39) arranged to removably secure to the second and third attachment apertures (Depicted in Fig. 5, Col. 5, lines 12-15, quick release);
wherein an aerosol container (18) is arranged to be removably secured within the body and dispenses contents from the dispensing aperture from the dispensing opening when the actuator is pushed towards the bottom section within the sleeve (Col. 5, lines 54-55, actuator is pushed toward container for releasing)
Re: Claim 2, Miller discloses the claimed invention including a sleeve (40) arranged within the body, the sleeve having an open top section and a bottom section (Depicted in Fig. 5), the leaf spring hingedly attached proximate the top section )(Fig. 5, the hinged is attached to the body proximate the top section of the sleeve), the sleeve having a second dispensing aperture (24), the sleeve having a fourth attachment aperture proximate the top section (between fingers 59), wherein the second dispensing aperture is arranged to be in communication with the at least one dispensing aperture and the fourth attachment aperture is arranged to be substantially colinear with the first attachment aperture of the body when the sleeve is arranged within the body (Depicted in Fig. 9), wherein the actuator and the aerosol container are arranged within the sleeve (Fig. 9, actuator and container are encompassed by the sleeve).
Re: Claim 3, Miller discloses the claimed invention including the sleeve further comprises a first plurality of fingers (59, two sets of two) and a second plurality of fingers (59, two sets of two), each of the fingers hingedly connected to the sleeve, wherein both of the plurality of fingers restrict downward slidable movement of the actuator within the sleeve (Fig. 4).
Re: Claim 4, Miller discloses the claimed invention including the sleeve further comprises a first finger (59) and a second (59) being disposed on opposite sides of the second dispensing aperture, each of the fingers hingedly connected to the sleeve, wherein both of the fingers restrict downward slidable movement of the actuator within the sleeve (Fig. 4).
Re: Claim 7, Miller discloses the claimed invention including the leaf spring biases the movable section of the top cover downwardly thereby maintaining the movable section above the actuator (Fig. 6, depicts the leaf spring biasing/maintaining the top cover in a downward direction).
Claim(s) 10 and 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Caruso (US Patent No. 9,199,784).
Re: Claim 10, Caruso discloses the claimed invention including A dispensing apparatus, comprising:
a hollow body (10) having a top opening and a bottom opening (41), the body including a discharge aperture (12) proximate the top opening (Fig. 6);
an actuator (70) slidably arranged within the body, the actuator having a conduit (74) therein, the conduit having a first opening in communication with the discharge aperture and a second opening proximate the bottom;
a top cover (30) secured to the body proximate the top, the cover having a movable section (32b) hingedly attached (at 38b) to the body (Fig. 6);
a leaf spring (50) (Fig. 7C-7D, applies a downward force) extending from the top and arranged to substantially abut a top surface of the movable section, thereby applying a downward force thereon (Fig. 7C); and,
a bottom cover (95) removably secured to the bottom (Fig. 6);
wherein the actuator is arranged to actuate an aerosol container within the body when downward force is applied to the actuator, thereby applying downward force to a nozzle of the aerosol container and discharging contents of the aerosol container through the conduit and out of the discharge aperture (Col. 5, lines 35-41, downward force on actuator dispenses contents from a container).
Re: Claim 11, Caruso discloses the claimed invention including the leaf spring biases the movable section in a downward direction when the movable section is moved by a user in an upward direction (Fig. 13, movable section moved upward), thereby substantially covering the actuator unless constant upward force is applied to the movable section (Depicted in Fig. 13A).
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) 8 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Miller et al. (US Patent No. 5,875,934) as applied to claim 1 above, and further in view of Caruso (US Patent No. 10,479,592).
Re: Claims 8 and 9, Miller discloses the claimed invention including the quick-release attachment having a pair of protrusions arranged to frictionally and removably engage the second and third attachment apertures (Depicted in Fig. 5) except for a clip. However, Caruso teaches a quick-release attachment comprising either a clip (56) or key ring (54) extending therefrom (Figs. 7B-7C).
It would have been obvious to one having ordinary skill in the art at the time of the effective filing date to include a clip or ring as taught by Caruso, since Caruso states in col. 6, lines 21-33 that such a modification allows the user to customize the means of carrying the dispenser as desired, and changing between different known attachments would’ve been obvious to worker of ordinary skill in the art.
Claim(s) 12 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Caruso (US Patent No. 9,199,784) as applied to claim 12 above, and further in view of Miller et al. (US Patent No. 5,875,934).
Re: Claim 12, Caruso discloses the claimed invention including a quick release attachment except for having a pair of tabs. However, Miller teaches a quick-release attachment having a pair of attachment tabs extending therefrom, the attachment tabs removably and frictionally engaged to a respective pair of attachment apertures arranged proximate the bottom opening of the body (Depicted in Fig. 5).
It would have been obvious to one having ordinary skill in the art at the time of the effective filing date to include quick release mechanism as taught by Miller, since Miller states in col. 5 lines 12-15 that such a modification allows the to quickly release while also providing an audible snap when the tabs move into the apertures such that the user knows when the disparate parts are properly secured.
Re: Claim 13, Caruso discloses the claimed invention including the quick-release attachment including a key ring (Col. 9, lines 27-31, key ring).
Allowable Subject Matter
Claims 5, 6, 14, and 15 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. References cited on the PTO-892 provide additional examples of the aerosol dispensers that are jacketed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES P. CHEYNEY whose telephone number is (571)272-9971. The examiner can normally be reached Monday - Friday, 8:00 am - 4:30 pm.
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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.
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/CHARLES P. CHEYNEY/Primary Examiner, Art Unit 3754
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