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 .
Status of the Claims
Claims 1 – 20 remain as newly presented prior to examination.
Claim Objections
Claim 4 is objected to because of the following informalities:
Claim 4 recites the limitation “wherein the drive spindle comprises a first rotation-preventing element along a section in the housing, wherein a second rotation-preventing element associated with the housing is provided,” this limitation should be recited, and is being interepted herein as, “wherein the housing comprises a first rotation-preventing element along a section in the housing, wherein a second rotation-preventing element associated with the housing is provided.” It is noted that the first and second guide elements of the instant application are shown as portions of the housing in at least Figure 2 of the instant application and not as features of the spindle.
Appropriate correction is required.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “10” has been used to designate both “an actuating device” in at least [0059] and “the housing” in at least [0068], and “20” as both “the housing base” in at least [0062] and “the second wall section” in at least [0075]. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "20" and "18" have both been used to designate “the second wall section” in at least [0075] and [0059]. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “elastic element,” of claim 10, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 – 5, 8, 13, and 18 – 20, are rejected under 35 U.S.C. 103 as being unpatentable over US 2011/0253481, “Lin,” in view of US 8,783,418, “Orlitzky.”
Regarding Claim 1: Lin discloses a system (Figures 1 – 9), comprising: a cartridge (6) and an actuating device (1, 2, 3, 4, 5) for actuating the cartridge to dispense a viscous medium ([0023], “an automatic grease dispenser in accordance with the present invention is shown comprised of a housing 1, a holder frame 2, a driving mechanism 3, a control unit 4, a propelling device 5, and a grease container 6”), wherein the actuating device comprises a housing (1) having an interior space (The interior volume of the housing 1 as shown in at least Figure 4) in which a linearly acting drive (3, 31, 32, 5, 51) is arranged, wherein the cartridge comprises a cylinder-piston arrangement (As shown in at least Figures 2, and 4 – 6) having a cylinder space (The interior volume of the cartridge as shown in at least Figure 4) and a displacement element (62) movably arranged in the cylinder space (As shown in at least Figure 4), wherein the displacement element subdivides the cylinder space into a containing space for receiving the viscous medium (As shown in at least Figures 4 – 6; The containing space is shown as the volume of the cylinder below the displacement element in which the lubricating grease 7 as shown) and an empty space (As shown in at least Figures 4 – 6; The containing space is shown as the volume of the cylinder above the displacement element which does not contain the lubricating grease 7 as shown) and separates the containing space and the empty space from each other in a fluid-tight manner (As shown in at least Figures 4 – 6), wherein the linearly acting drive can be engaged with the displacement element of the cartridge ([0027], “The aforesaid propelling device 5 is comprised of the aforesaid screw tube 51 and a pressure board 52. The screw tube 51 is inserted through the holder frame 2 and coupled to the speed reducing gear set 32. When rotating the speed reducing gear set 3, the screw tube 51 is rotated to move the pressure board 52 upwards or downwards.”), wherein the cartridge and the housing each comprise connecting elements (As shown in at least Figures 2, and 4 – 6; the cartridge is shown comprising male threads and the housing is shown comprising female threads) for releasable connection to each other along a joining direction (As shown in at least Figures 2, and 4 – 6; The joining direction interpreted as the axial direction of the housing and the cartridge); Lin discloses a seal between the two elements in the form of a threaded connection, such a connection is well know in the art as being capable of acting as an airtight seal; however, Lin fails to explicitly disclose such a threaded arrangement such that Lin remains silent as to wherein a seal acting axially with respect to the joining direction is arranged between the housing and the cartridge, and wherein the interior space and the empty space are sealed in an airtight manner in the connected state.
Orlitzky teaches a system comprising a cartridge (10) and an actuating device (62) having corresponding empty and interior spaces (As shown in at least Figure 1), the cartridge and the actuating device arranged with connecting elements (54) for releasable connection to each other along a joining direction, in a similar manner to the device of Lin, and further teaches wherein a seal (58) acting axially with respect to the joining direction is arranged between the housing and the cartridge, and wherein the interior space and the empty space are sealed in an airtight manner in the connected state connecting elements for releasable connection to each other along a joining direction (As shown in at least Figure 1 and as further described in at least Cl. 3, ln. 51 – Cl. 4, ln. 4; It is noted that an O-ring seal is well known in the art as forming an airtight seal).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the arrangement of Lin to incorporate the additional sealing means taught by Orlitzky with the predicted results that such sealing means will act to improve the performance of the threaded seal of Lin in a manner well known in the art.
Regarding Claim 2: Lin, in view of Orlitzky, teaches the system according to claim 1; once combined, Lin further teaches wherein the drive comprises a drive motor (31) and a transmission (32, 51), the transmission comprising a drive spindle (51) and a spindle nut (The spindle nut interpreted as the last, shown as the largest, gear of the transmission 32 as shown in at least Figures 2 – 4, it is noted that this element is generally shown with the leader line to numeral 32), the drive motor being in direct or indirect engagement with the spindle nut for transmitting a rotational movement (The motor shown in engagement through the transmission as shown in at least Figures 2 – 4 and as further described in at least [0025] – [0027]), wherein the drive spindle defines a drive axis about which the spindle nut is rotatably arranged and along which the drive spindle is arranged to reciprocate over a stroke upon rotation of the spindle nut relative to the housing (The drive axis is shown corresponding to the central axis of the housing and the cartridge and generally corresponds to the assembly axis as shown in the exploded view of Figure 2).
Regarding Claim 3: Lin, in view of Orlitzky, teaches the system according to claim 2; once combined, Lin further teaches wherein the housing comprises a wall (2) through which the drive spindle can be passed with a first axial end, wherein the drive spindle can be brought into engagement, indirectly or directly, with the displacement element of the cartridge at the first axial end (As shown in at least Figure 4; The first axial end interpreted as the end of the spindle passing through wall 22 and in engagement with displacement element 62).
Regarding Claim 4: Lin, in view of Orlitzky, teaches the system according to claim 3; once combined, Lin further teaches wherein the drive spindle comprises a first rotation-preventing element (21) along a section in the housing (As shown in at least Figure 4), wherein a second rotation-preventing element (22) associated with the housing is provided (As shown in at least Figure 4), and wherein the first rotation-preventing element and the second rotation-preventing element interact in such a way that the drive spindle is supported in a non-rotatable manner against the housing over at least part of the stroke (As shown in at least Figure 4 and as described in at least [0025]; The combination of the top mound and the upright provide support to the drive spindle and prevent it from rotating in a manner not aligned with the rotation axis such that they are broadly interepted as providing a mechanism which supports in a non-rotatable manner).
Regarding Claim 5: Lin, in view of Orlitzky, teaches the system according to claim 4; once combined, Lin further teaches wherein the first rotation-preventing element and the second rotation-preventing element establish a form-fit (As shown in at least Figures 3 and 4; The fit of the elements is shown as a close fit such that it is broadly interpreted as providing a form fit) or a force fit.
Regarding Claim 8: Lin, in view of Orlitzky, teaches the system according to claim 2; once combined, Lin further teaches wherein the actuating device comprises a motor control (41) connected to the drive motor, which comprises a sensor system (42) for determining an upper and a lower end position of the drive spindle ([0026], “The sensor 42 feeds back the detected signal to the circuit board 41 for calculating the dispensing amount of the lubricating grease.” It is noted that the amount of grease dispensed is directly proportional to the displacement of the displacement element and the rotation of the drive spindle).
Regarding Claim 13: Lin, in view of Orlitzky, teaches the system according to claim 1; once combined, Lin further teaches wherein the cartridge is connectable to the housing by means of a screw connection or a bayonet connection (As shown in at least Figures 2, and 4 – 6; the cartridge is shown comprising male threads and the housing is shown comprising female threads).
Regarding Claim 18: Lin, in view of Orlitzky, teaches the system according to claim 1; once combined, Lin further teaches wherein the drive axis and the joining direction coincide (As shown in at least Figures 2 and 4; The drive axis and the joining direction are shown coaxial, up and down as shown in Figure 4, and along the assembly line of Figure 2 as discussed in the aforesaid rejection of claim 2).
Regarding Claim 19: Lin, in view of Orlitzky, teaches the system according to claim 2; once combined, Lin further teaches wherein the actuating device comprises a switch (45) for the drive motor ([0026], “control unit 4 comprises a circuit board 41, a sensor 42, the aforesaid battery 43, a black-and-white reflection signal plate 44, and a setting switch 45”), which switch acts in a contactless manner through a closed section of a wall of the housing (The switch is shown arranged within a closed section of a wall of the housing as is it located within the internal volume of the housing and is shown arranged in a contactless manner with the drive motor, insofar as it is not shown contacting the drive motor, such that it is broadly interpreted as being arranged in a contactless manner). It is noted that the recited switch is broadly recited, and no detail of its function is provided, such that the control switch of Lin is interepted as reading over the recited limitation.
Regarding Claim 20: Lin, in view of Orlitzky, teaches the system according to claim 1; once combined, Lin further discloses wherein the cartridge comprises a dispensing opening (611) through which the viscous medium can be dispensed from the containing space ([0028], “propelling device 5 is forced to move the piston 62 downwards in the container body 61, thereby forcing the lubricating grease 7 out of the nozzle 611 into the bearing block 8 or bushing holder 9”); however, Lin fails to explicitly disclose wherein the dispensing opening is secured against backflow of the dispensed medium by means of a non-return valve.
Orlitzky the arrangement as previously described in claim 1, and further teaches wherein the cartridge comprises a dispensing opening (22) through which the viscous medium can be dispensed from the containing space, wherein the dispensing opening is secured against backflow of the dispensed medium by means of a non-return valve (40, 41) (As shown in at least Figure 4; Cl. 4, ln. 37, “When the lubricant pressure in the pump chamber opening 45 has overcome the resistance of check ball spring 41, then check ball 40 moves downward, allowing the lubricant 14 to pass by check ball 40 and into the grease fitting or grease line (not shown) to which check valve assembly 22 has been connected.”).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the outlet of Lin to incorporate a non-return valve, as taught by Orlitzky, with the predicted results that such an arrangement will keep the lubrication grease from entering back into the cartridge after it has been dispensed in a manner well known in the art.
Claim(s) 9 – 12 are rejected under 35 U.S.C. 103 as being unpatentable over US 2011/0253481, “Lin,” in view of US 8,783,418, “Orlitzky,” and US 2013/0168187, “Conley.”
Regarding Claim 9: Lin, in view of Orlitzky, teaches the system according to claim 8; once combined, Lin fails to explicitly disclose wherein the motor control is arranged to switch off the drive motor when the upper or lower end position is determined or to reverse the direction of rotation of the drive motor.
Conley teaches a lubrication pump system similar to that of Lin, the system comprising a motor (164) and a piston (384) reciprocal in a bore (338), the motor controlled by a motor control (450) for controlling operation of the position of the drive mechanism ([0105]) and is further arranged wherein the motor control is arranged to switch off the drive motor when the upper or lower end position is determined or to reverse the direction of rotation of the drive motor (As described in at least [0137] – [0154], “To perform this test, the controller 450 operates the stepper motor 394 to advance the piston 384 until the pressure as sensed by the pressure sensor 372 at the outlet of the cylinder bore 338 reaches a predetermined pressure (e.g., 1800 psi). The stepper motor is then operated to reverse the piston through a venting return stroke to its vent position”).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the controller of Lin to operate to reverse the direction of the rotation of the motor, as taught by Conley, as such a mode of operation will allow for the controller to perform self-test functions on the apparatus (Conley, least [0137] – [0154]).
Regarding Claim 10: Lin, in view of Orlitzky, and Conley, teaches the system according to claim 9; once combined, Lin fails to explicitly disclose wherein the actuating device comprises an elastic element which is arranged in such a way that, in an upper end position of the drive spindle in which it is retracted into the housing, it is biased indirectly or directly between the drive spindle and the housing with respect to the axial direction.
Orlitzky teaches wherein the actuating device comprises an elastic element (60) which is arranged in such a way that the elastic element biases the actuation element in the axial direction (As shown in at least Figure 1 and as further described in at least Cl. 3, ln. 51 – 65).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the arrangement of Lin to incorporate a elastic element, as taught by Conley, with the predicted results that such an elastic element will provide a pre-load or bias to the actuation member in an axial direction.
Once combined, Lin, in view of Orlitzky, and Conley, makes obvious an arrangement wherein in an upper end position of the drive spindle in which it is retracted into the housing, it is biased indirectly or directly between the drive spindle and the housing with respect to the axial direction.
Regarding Claim 11: Lin, in view of Orlitzky, and Conley, teaches the system according to claim 10; once combined, Lin, as modified by Conley makes obvious wherein the elastic element is arranged between a second axial end of the drive spindle and a second wall section of the housing (As shown in at least Figure 5; The elastic element would be placed by the combination into the volume of the empty space of the containing space such that it would be placed between the piston and the housing wall 2).
Regarding Claim 12: Lin, in view of Orlitzky, and Conley, teaches the system according to claim 10; once combined, Lin, as modified by Conley makes obvious wherein the elastic element is arranged between the coupling element and a first wall section of the housing (As shown in at least Figure 5; The elastic element would be placed by the combination into the volume of the empty space of the containing space such that it would be placed between the piston and the housing wall 2 – It is noted that the originally filed specification indicates the housing wall 20, as shown in at least Figure 1, as being both a first wall section in [0059] and a second wall section in [0075] such that the wall of Lin is broadly interpreted as meeting the limitations of both claims 11 and 12).
Claim(s) 14 – 17 are rejected under 35 U.S.C. 103 as being unpatentable over US 2011/0253481, “Lin,” in view of US 8,783,418, “Orlitzky,” and US 2022/0128151, “Tuk.”
Regarding Claim 14: Lin, in view of Orlitzky, teaches the system according to claim 1; once combined, Orlitzky further teaches wherein the seal is an annular, elastic seal; however, Orlitzky fails to further teach with a U-shaped profile.
Tuk teaches an arrangement comprising an annular, elastic seal (22) with a U-shaped profile (As shown in at least Figure 1; [0072]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have substituted the seal of Orlitzky with the U-shaped seal of Tuk as such a modification is viewed as simple substitution of one known sealing member with that of another. Such a substitution would have been obvious since, an express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious (MPEP 2144.06).
Regarding Claim 15: Lin, in view of Orlitzky, and Tuk, teaches the system according to claim 14; once combined, Lin further discloses wherein the actuating device comprises a carrier plate (2) which, once combined with the seal placement of Orlitzky (As shown by at least Figure 4 wherein the seal is in contact with the lower wall of motor housing 62) in the connected state, is axially gripped between a section of the housing and a section of the cartridge (As made obvious by combination with Orlitzky as discussed and indicated by at least Figure 4 of Orlitzky).
Regarding Claim 16: Lin, in view of Orlitzky, and Tuk, teaches the system according to claim 15; once combined, Lin, in view of Orlitzky, further make obvious wherein the U-profile of the seal engages around the edge of the carrier plate (As shown by the arrangement of the carrier plate in at least Figure 4 of Lin and the seal placement as shown in at least Orlitzky Figure 4, the seal would be compressed between the two elements as taught by Orlitzky and arranged around the perimeter of the carrier plate as it is shown arranged within the female threads of Lin).
Regarding Claim 17: Lin, in view of Orlitzky, and Tuk, teaches the system according to claim 16; once combined, Lin, in view of Orlitzky, further make obvious wherein the seal together with the carrier plate is axially gripped between the section of the housing and the section of the cartridge in the connected state (As shown by the arrangement of the carrier plate in at least Figure 4 of Lin and the seal placement as shown in at least Orlitzky Figure 4, the seal would be compressed between the two elements as taught by Orlitzky and arranged around the perimeter of the carrier plate as it is shown arranged within the female threads of Lin).
Allowable Subject Matter
Claims 6 and 7 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.
Claim 6 recites “wherein the first rotation-preventing element and the second rotation-preventing element establish a form fit, wherein the second rotation-preventing element is elastically deformable or elastically movable away from the first rotation-preventing element against a restoring force and the form fit can be released thereby,” and claim 7 recites “wherein the drive spindle comprises at the first axial end a coupling element for connection to the displacement element of the cartridge, wherein the coupling element is connected to the drive spindle in a rotationally fixed manner and comprises a first stop element radially spaced from the drive axis, wherein the displacement element comprises a second stop element radially spaced from the drive axis, and wherein the first stop element and the second stop element are arranged to cooperate in such a way that the coupling element is non-rotatably supported against the displacement element.” None of Lin, Orlitzky, or Conley explicitly disclose, teach, or suggest an arrangement which reads over each of the aforesaid claim limitations.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/BENJAMIN DOYLE/Examiner, Art Unit 3746 2026.03.21