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 Objections
Claim 10 is objected to because of the following informalities:
Claim 10 has a typo “opening” for opening.
Appropriate correction is required.
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 1-8, and 10-16 are rejected under 35 U.S.C. 103 as being unpatentable over Song et al. (CN 104838907), hereinafter Song, in view of Kain (US 4121737).
Regarding claim 1, Song teaches of a tree injection assembly (fig. 1, trunk injector 1) configured for injecting a liquid into a tree (abstract, pressure type trunk injector), said assembly comprising:
a conduit (guide tube 33 in fig. 1 or liquid medicine injection hose 50 in fig. 3) having a first end and a second end (upper and lower ends, respectively, of the conduit in Fig. 1 or Fig. 3), said conduit being configured to allow liquid to flow into said first end and outwardly of said second end (figs. 4-5, p. 4, discharged liquid medicine through liquid medicine injection hose 50 smoothly injected into the tree; perforation part D of the tree hole is inserted and pressures generated by the pressure section 10 of the trunk injector liquid medicine 1 in fast and quickly and directly injected into the tree);
an injection nozzle (injection pipe 34 in fig. 1 or guide 520 in fig. 3) being fluidly coupled to said second end (seen in figs. 1 and 3), said injection nozzle being extendable into the tree to allow liquid from the conduit to flow through the injection nozzle and into the tree (figs. 4-5, p. 4, discharged liquid medicine through liquid medicine injection hose 50 smoothly injected into the tree; perforation part D of the tree hole is inserted and pressures generated by the pressure section 10 of the trunk injector liquid medicine 1 in fast and quickly and directly injected into the tree);
a chamber (figs. 1-3, bellows 100) being fluidly coupled to said first end of said conduit (seen in figs. 1 and 3, p. 4), said chamber (100) having a perimeter wall (side wall of bellows 100) bounding an interior of said chamber (fig. 3, p. 3, bellows 100 is hollow), an opening (lower end of bellows 100 has an opening to allow fluid communication) in said perimeter wall being fluidly coupled to said first end (seen in figs. 1 and 3), wherein said chamber (100) is inflated with liquid when the liquid is pressurized externally of said chamber and delivered into said chamber through said conduit (liquid is capable of being delivered into the chamber 100 through the conduit using a pump, for example, which externally pressurizes the liquid to inflate or expand the chamber. Examiner notes that this is an intended use limitation),
said perimeter wall of said chamber being configured to exert pressure on the liquid when positioned within said chamber (p. 3, when the bellows 100 is pressured, liquid medicine is discharged quickly by pressure) such that the liquid is ejected into said first end and outwardly of said second end of said conduit (p. 3, liquid medicine is discharged quickly by pressure from the bellows 100 into the first end and outwardly of the second end of the conduit); and
an encapsulating member (upper cover 20, lower cover 32) being positioned around and containing said chamber (seen in figs. 1 and 3), said encapsulating member having an outer wall (walls of upper cover 20 and lower cover 32) extending around said chamber (seen in figs. 1 and 3),
said outer wall being less elastic than said chamber (figs. 4-5, the outer walls of 20, 32 are a solid side wall that is not a flexibly elastic bellows-style side wall of chamber 100).
Song does not appear to teach of said chamber being comprised of resiliently elastic material,
an encapsulating member being positioned fully around and containing said chamber, said encapsulating member having an outer wall extending around said chamber, said outer wall having a fixed length between opposite ends of said encapsulating member and said outer wall being less elastic than said chamber such that said encapsulating member has a fixed interior volume to inhibit over inflation of said chamber.
Kain teaches of (fig. 1) said chamber (pressure unit 24) being comprised of resiliently elastic material (col. 3 lines 1-5, pressure unit 24 is made of suitable elastomeric material such as natural rubber pharmaceutical rubber or other compounds known to those skilled in the art),
an encapsulating member (container 12) being positioned fully around and containing said chamber (24) (seen in fig. 1), said encapsulating member (12) having an outer wall extending around said chamber (24) (seen in fig. 1), said outer wall having a fixed length between opposite ends of said encapsulating member (col. 3 lines 3-5, the encapsulating member 12 is a conventional metal can such that it has a fixed length between opposite ends of encapsulating member 12) and said outer wall being less elastic than said chamber (24) (encapsulating member 12 is made of metal, which is less elastic than the elastomeric material that the chamber can be made of) such that said encapsulating member (12) has a fixed interior volume to inhibit over inflation of said chamber (fig. 2, the encapsulating member 12 inhibits over inflation of the chamber 24 past the walls of the encapsulating member 12).
It would have been further obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to substitute the chamber of Song with the chamber comprised of resiliently elastic material as taught by Kain, since a simple substitution of one known equivalent element for another would obtain predictable results. KSR International Co. v. Teleflex Inc., 127 S. Ct. 1727, 1739, 1740, 82 USPQ2d 1385, 1395, 1396 (2007).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Song to incorporate the teachings of Kain of said chamber being comprised of resiliently elastic material, an encapsulating member being positioned fully around and containing said chamber, said encapsulating member having an outer wall extending around said chamber, said outer wall having a fixed length between opposite ends of said encapsulating member and said outer wall being less elastic than said chamber such that said encapsulating member has a fixed interior volume to inhibit over inflation of said chamber in order to provide a simple and inexpensive apparatus for dispensing fluids having an elastomeric pressure chamber housed within an encapsulating member for confining the chamber such that the maximum expansion the chamber stays within the maximum length and diameter dimensions permitted by the container.
Regarding claim 2, Song as modified teaches of claim 1, and (fig. 3) further including a valve (valve 530) being positioned between said first and second ends (seen in fig. 3) and being in fluid communication with said conduit (50) to control flow of liquid through said conduit (valves necessarily control liquid flow).
Regarding claim 3, Song as modified teaches of claim 2, and (fig. 3) wherein said valve (530) is positionable in a closed position restricting liquid from flowing through said conduit or in an open position allowing liquid to flow through said conduit (valves are able to be in a closed position to restrict liquid flow and an open position to allow liquid flow through the conduit).
Regarding claim 4, Song as modified teaches of claim 1, and (fig.3) wherein said conduit (50) comprises a flexible hose (seen in figs. 3 and 5).
Regarding claim 5, Song as modified teaches of claim 1, and (fig. 1) wherein said injection nozzle (34) is barbed (barbed at 342) and being frictionally engageable with a tree to prevent unintended removal from the tree (fig. 3, p. 2, spiral inserting guide prevents unintended removal from the tree by children or common people except for the user).
Regarding claim 6, Song as modified teaches of claim 1, but does not appear to teach of wherein said chamber comprises an elastomeric tubing.
Kain teaches of wherein said chamber comprises an elastomeric tubing (col. 3 lines 1-5, chamber 24 is made of suitable elastomeric material).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Song to incorporate the teachings of Kain of wherein said chamber comprises an elastomeric tubing in order to a well-known material for its flexibility and elasticity.
Regarding claim 7, Song as modified teaches of claim 6, but does not appear to teach of wherein said elastomeric tubing comprises a natural or synthetic rubber material.
Kain teaches of wherein said elastomeric tubing comprises a natural or synthetic rubber material (the elastomeric material can be made of suitable elastomeric material such as natural rubber pharmaceutical rubber or other compounds known to those skilled in the art).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Song to incorporate the teachings of Kain of wherein said elastomeric tubing comprises a natural or synthetic rubber material in order to use a well-known material for its affordability, flexibility, and elasticity.
Regarding claim 8, Song teaches of a method of injecting liquid into a tree (abstract, pressure type trunk injector) comprising the steps of:
fluidly coupling a pressurized liquid to a chamber (figs. 1 or 3, p. 3, bellows 100 is hollow and filled with fluid. Pressure part 10 pressurizes the liquid in the chamber bellows 100), the chamber (100) being comprised of a perimeter wall (seen in fig. 1);
having an encapsulating member (upper cover 20, lower cover 32) being positioned around and containing said chamber (seen in figs. 1 and 3), said encapsulating member having an outer wall (walls of upper cover 20 and lower cover 32) extending around said chamber (seen in figs. 1 and 3),
said outer wall being less elastic than said chamber (figs. 4-5, the outer walls of 20, 32 are a solid side wall that is not a flexibly bellows-style side wall of chamber 100);
inflating the chamber with pressurized liquid with a predetermined amount of the liquid (p. 3, filling the chamber 100 with a predetermined amount of liquid inflates the chamber. Pressure part 10 pressurizes the liquid; could fill the chamber with pressurized liquid by using a pump), wherein the perimeter wall exerts pressure on the liquid (p. 3, perimeter wall of pressure part 10 pressurizes the liquid);
inserting an injection nozzle (34 or 520) into a borehole formed in a tree (seen in fig. 4 and 5), the injection nozzle being fluidly coupled to the chamber with a conduit (figs. 4-5, p. 4, discharged liquid medicine through liquid medicine injection hose 50 smoothly injected into the tree; perforation part D of the tree hole is inserted and pressures generated by the pressure section 10 of the trunk injector liquid medicine 1 in fast and quickly and directly injected into the tree); and
allowing the chamber to deflate and force the liquid into the tree through the borehole (figs.4-5, p. 4, compressing the bellows 100 causes it to shrink and deflate to force the liquid into the tree through the borehole).
Song does not appear to teach of the chamber being comprised of a resiliently elastic perimeter wall; having an encapsulating member being positioned fully around and containing said chamber to inhibit over inflation of said chamber, said encapsulating member having an outer wall extending around said chamber, said outer wall having a fixed length between opposite ends of said encapsulating member and said outer wall being less elastic than said chamber such that said encapsulating member has a fixed interior volume.
Kain teaches of (fig. 1) the chamber (pressure unit 24) being comprised of a resiliently elastic perimeter wall (col. 3 lines 1-5, pressure unit 24 is made of suitable elastomeric material such as natural rubber pharmaceutical rubber or other compounds known to those skilled in the art); having an encapsulating member (container 12) being positioned fully around and containing said chamber (pressure unit 24) (seen in fig. 1) to inhibit over inflation of said chamber (fig. 2, the encapsulating member 12 inhibits over inflation of the chamber 24 past the walls of the encapsulating member 12), said encapsulating member having an outer wall extending around said chamber (24) (seen in fig. 1), said outer wall having a fixed length between opposite ends of said encapsulating member (col. 3 lines 3-5, the encapsulating member 12 is a conventional metal can such that it has a fixed length between opposite ends of encapsulating member 12) and said outer wall being less elastic than said chamber (24) (encapsulating member 12 is made of metal, which is less elastic than the elastomeric material that the chamber can be made of) such that said encapsulating member (12) has a fixed interior volume (seen in fig. 2).
It would have been further obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to substitute the chamber of Song with the chamber being comprised of a resiliently elastic perimeter wall as taught by Kain, since a simple substitution of one known equivalent element for another would obtain predictable results. KSR International Co. v. Teleflex Inc., 127 S. Ct. 1727, 1739, 1740, 82 USPQ2d 1385, 1395, 1396 (2007).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Song to incorporate the teachings of Kain of the chamber being comprised of a resiliently elastic perimeter wall; having an encapsulating member being positioned fully around and containing said chamber to inhibit over inflation of said chamber, said encapsulating member having an outer wall extending around said chamber, said outer wall having a fixed length between opposite ends of said encapsulating member and said outer wall being less elastic than said chamber such that said encapsulating member has a fixed interior volume in order to provide a simple and inexpensive apparatus for dispensing fluids having an elastomeric pressure chamber housed within an encapsulating member for confining the chamber such that the maximum expansion the chamber stays within the maximum length and diameter dimensions permitted by the container.
Regarding claim 10, Song teaches of a tree injection assembly (fig. 1, trunk injector 1) configured for injecting a liquid into a tree (abstract, pressure type trunk injector), said assembly comprising:
a conduit (guide tube 33 in fig. 1 or liquid medicine injection hose 50 in fig. 3) having a first end and a second end (upper and lower ends, respectively, of the conduit in Fig. 1 or Fig. 3), said conduit being configured to allow liquid to flow into said first end and outwardly of said second end (figs. 4-5, p. 4, discharged liquid medicine through liquid medicine injection hose 50 smoothly injected into the tree; perforation part D of the tree hole is inserted and pressures generated by the pressure section 10 of the trunk injector liquid medicine 1 in fast and quickly and directly injected into the tree);
an injection nozzle (injection pipe 34 in fig. 1 or guide 520 in fig. 3) being fluidly coupled to said second end (seen in figs. 1 and 3), said injection nozzle being extendable into the tree to allow liquid from the conduit to flow through the injection nozzle and into the tree (figs. 4-5, p. 4, discharged liquid medicine through liquid medicine injection hose 50 smoothly injected into the tree; perforation part D of the tree hole is inserted and pressures generated by the pressure section 10 of the trunk injector liquid medicine 1 in fast and quickly and directly injected into the tree);
a chamber (figs. 1-3, bellows 100) being fluidly coupled to said first end of said conduit (seen in figs. 1 and 3, p. 4), said chamber (100) having a perimeter wall (side wall of bellows 100) bounding an interior of said chamber (fig. 3, p. 3, bellows 100 is hollow), an opening (lower end of bellows 100 has an opening to allow fluid communication) in said perimeter wall being fluidly coupled to said first end (seen in figs. 1 and 3), wherein said chamber is inflated with liquid when the liquid is pressurized externally of said chamber and delivered into said chamber through said conduit (liquid is capable of being delivered into the chamber 100 through the conduit using a pump, for example, which externally pressurizes the liquid to inflate or expand the chamber. Examiner notes that this is an intended use limitation),
said perimeter wall of said chamber being configured to exert pressure on the liquid when positioned within said chamber (p. 3, when the bellows 100 is pressured, liquid medicine is discharged quickly by pressure) such that the liquid is ejected into said first end and outwardly of said second end of said conduit (p. 3, liquid medicine is discharged quickly by pressure from the bellows 100 into the first end and outwardly of the second end of the conduit); and
an encapsulating member (upper cover 20, lower cover 32) being positioned around and containing said chamber (seen in figs. 1 and 3), said encapsulating member having an outer wall (walls of upper cover 20 and lower cover 32) extending around said chamber (seen in figs. 1 and 3),
said outer wall being less elastic than said chamber (figs. 4-5, the outer walls of 20, 32 are a solid side wall that is not a flexibly elastic bellows-style side wall of chamber 100).
Song does not appear to teach of said chamber being comprised of resiliently elastic material,
an encapsulating member being positioned fully around and containing said chamber, said encapsulating member having an outer wall extending around said chamber, said outer wall having a fixed length between opposite ends of said encapsulating member and said outer wall being less elastic than said chamber such that said encapsulating member has a fixed interior volume to inhibit over inflation of said chamber; and an air opening in said encapsulating member wherein said air opening is configured for allowing air passage into and out of said encapsulating member as said chamber inflates and deflates.
Kain teaches of (fig. 1) said chamber (pressure unit 24) being comprised of resiliently elastic material (col. 3 lines 1-5, pressure unit 24 is made of suitable elastomeric material such as natural rubber pharmaceutical rubber or other compounds known to those skilled in the art),
an encapsulating member (container 12) being positioned fully around and containing said chamber (24) (seen in fig. 1), said encapsulating member (12) having an outer wall extending around said chamber (24) (seen in fig. 1), said outer wall having a fixed length between opposite ends of said encapsulating member (col. 3 lines 3-5, the encapsulating member 12 is a conventional metal can such that it has a fixed length between opposite ends of encapsulating member 12) and said outer wall being less elastic than said chamber (24) (encapsulating member 12 is made of metal, which is less elastic than the elastomeric material that the chamber can be made of) such that said encapsulating member (12) has a fixed interior volume to inhibit over inflation of said chamber (fig. 2, the encapsulating member 12 inhibits over inflation of the chamber 24 past the walls of the encapsulating member 12); and
an air opening (fig. 1, vent 42) in said encapsulating member (12) (seen in fig. 1) wherein said air opening (42) is configured for allowing air passage into and out of said encapsulating member (12) as said chamber (24) inflates and deflates (fig. 2, col. 6 lines 30-33, For purposes of allowing air confined within the vessel, prior to filling, to escape as the pressure unit expands, it may be desirable to provide a small vent, such as vent 42 in the top of vessel wall.).
It would have been further obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to substitute the chamber of Song with the chamber comprised of resiliently elastic material as taught by Kain, since a simple substitution of one known equivalent element for another would obtain predictable results. KSR International Co. v. Teleflex Inc., 127 S. Ct. 1727, 1739, 1740, 82 USPQ2d 1385, 1395, 1396 (2007).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Song to incorporate the teachings of Kain of said chamber being comprised of resiliently elastic material, an encapsulating member being positioned fully around and containing said chamber, said encapsulating member having an outer wall extending around said chamber, said outer wall having a fixed length between opposite ends of said encapsulating member and said outer wall being less elastic than said chamber such that said encapsulating member has a fixed interior volume to inhibit over inflation of said chamber; and an air opening in said encapsulating member wherein said air opening is configured for allowing air passage into and out of said encapsulating member as said chamber inflates and deflates in order to provide a simple and inexpensive apparatus for dispensing fluids having an elastomeric pressure chamber housed within an encapsulating member for confining the chamber such that the maximum expansion the chamber stays within the maximum length and diameter dimensions permitted by the container.
Regarding claim 11, Song as modified teaches of claim 10, and (fig. 3) further including a valve (valve 530) being positioned between said first and second ends (seen in fig. 3) and being in fluid communication with said conduit (50) to control flow of liquid through said conduit (valves necessarily control liquid flow).
Regarding claim 12, Song as modified teaches of claim 11, and (fig. 3) wherein said valve (530) is positionable in a closed position restricting liquid from flowing through said conduit or in an open position allowing liquid to flow through said conduit (valves are able to be in a closed position to restrict liquid flow and an open position to allow liquid flow through the conduit).
Regarding claim 13, Song as modified teaches of claim 13, and (fig.3) wherein said conduit (50) comprises a flexible hose (seen in figs. 3 and 5).
Regarding claim 14, Song as modified teaches of claim 10, and (fig. 1) wherein said injection nozzle (34) is barbed (barbed at 342) and being frictionally engageable with a tree to prevent unintended removal from the tree (fig. 3, p. 2, spiral inserting guide prevents unintended removal from the tree by children or common people except for the user).
Regarding claim 15, Song as modified teaches of claim 10, but does not appear to teach of wherein said chamber comprises an elastomeric tubing.
Kain teaches of wherein said chamber comprises an elastomeric tubing (col. 3 lines 1-5, chamber 24 is made of suitable elastomeric material).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Song to incorporate the teachings of Kain of wherein said chamber comprises an elastomeric tubing in order to a well-known material for its flexibility and elasticity.
Regarding claim 16, Song as modified teaches of claim 15, but does not appear to teach of wherein said elastomeric tubing comprises a natural or synthetic rubber material.
Kain teaches of wherein said elastomeric tubing comprises a natural or synthetic rubber material (the elastomeric material can be made of suitable elastomeric material such as natural rubber pharmaceutical rubber or other compounds known to those skilled in the art).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Song to incorporate the teachings of Kain of wherein said elastomeric tubing comprises a natural or synthetic rubber material in order to use well-known material for its affordability, flexibility, and elasticity.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Song as modified by Kain as applied to claim 8 above, and further in view of Macbeth (US 5031357).
Regarding claim 9, Song as modified teaches of claim 8, but does not appear to teach of further including the steps of:
opening a valve in fluid communication with the conduit before inflating the chamber to allow the pressurized liquid to enter the chamber and then closing the valve after the chamber has been inflated with pressurized liquid; and
opening the valve after the injection nozzle has been inserted into the borehole.
Macbeth teaches of (fig. 2) further including the steps of:
opening a valve (valve 32) in fluid communication with the conduit (passageway 110) before filling the chamber (tubular body 20) to allow the pressurized liquid to enter the chamber (20) (col. 4 lines 54-64, when valve 32 is open, chamber 20 is filled with treatment fluid) and then closing the valve after the chamber has been filled with pressurized liquid (col. 4 lines 54-64, after the chamber 20 is filled, the valve 32 is closed); and
opening the valve (32) after the injection nozzle (28) has been inserted into the borehole (fig. 12, holes 126) (col. 6 lines 35-38, valve 32 is opened when injection nozzle 28 is inserted into one of the holes 126).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Song to incorporate the teachings of Macbethof further including the steps of: opening a valve in fluid communication with the conduit before inflating the chamber to allow the pressurized liquid to enter the chamber and then closing the valve after the chamber has been inflated with pressurized liquid; and opening the valve after the injection nozzle has been inserted into the borehole in order to allow for proper filling and disconnection from the pressurized liquid source as well as to control the discharge of liquid from the nozzle as motivated by Macbeth in col. 4 lines 1-3, 54-67, and col 5, lines 26-34. Examiner notes that with the combination of the references, filling the chamber 100 of Song would cause the chamber 100 to inflate.
Conclusion
The cited references made of record in the contemporaneously filed PTO-892 form and not relied upon in the instant office action are considered pertinent to applicant's disclosure, and may have one or more of the elements in Applicant’s disclosure and at least claim 1.
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/ZOE TAM TRAN/ Examiner, Art Unit 3647