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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-18 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The term “substantially” in claims 1, 7 and 12 is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Applicant is advised to delete the term “substantially”.
In claims 7 and 12 a broad range or limitation followed by linking terms (e.g., preferably, maybe, for instance, especially, in particular) and a narrow range or limitation within the broad range or limitation is considered indefinite since the resulting claim does not clearly set forth the metes and bounds of the patent protection desired.
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.
Claims 1-3, 7, 9-13, 15-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ophardt (CA 2857325 A1).
Regarding claim 1, Ophardt discloses a conduit device (fig.1-24), comprising: a media tube (see marked area 112 in fig.14) having a first end and a second end defining a first passageway (passage in marked area 112) therein, the first end having a flange extending radially therefrom (see flange extending to marked area 400); and, a substantially helical frame (129/429) extending from said second end of said media tube, said helical frame having a nodule (420-421) affixed to a distal end thereof, wherein one or more of said media tube or said helical frame is adapted to be at least partially arranged within a deformable media container (25), thereby creating a media passageway within said helical frame when said deformable media container collapses around said helical frame (see fig.14).
Regarding claim 2, Ophardt discloses an outer tube having a first end and a second end, said outer tube having the first passageway arranged therein and proximate said first end and a second passageway arranged therein and proximate said second end, wherein said media tube is arranged at least partially within said second passageway and affixed proximate said first end (see outer tube 201 with a passage).
Regarding claim 3, Ophardt discloses an outer surface of said media tube and an inner surface of said second passageway are spaced apart (see fig.14).
Regarding claim 7, Ophardt discloses said nodule may be configured as one or more of: substantially spherical, substantially hemispherical, substantially cylindrical, substantially annular, or a partial loop (see shape of 420-421).
Regarding claim 9, Ophardt discloses a conduit device (fig.1-24), comprising: a media tube (tube in marked area 114 in fig.13) having a first end and a second end defining a first passageway therein (see fig.13), the first end having a flange extending radially therefrom (flange extending into marked area 203); and, a wall-less frame extending from said second end of said media tube, said wall-less frame having at least one frame member extending distally from said second end of said media tube (see shape of 129), wherein one or more of said media tube or said wall-less frame is adapted to be at least partially arranged within a deformable media container (see fig.13, 129 in 25), thereby creating a media passageway within said wall-less frame when said deformable media container collapses around said wall-less frame (see fig.13).
Regarding claim 10, Ophardt discloses said at least one frame member comprises a helical frame (see 129 and upper 429).
Regarding claim 11, Ophardt discloses a nodule affixed to a distal end of said wall-less frame (via 420-421).
Regarding claim 12, Ophardt discloses said nodule may be configured as one or more of: substantially spherical, substantially hemispherical, substantially cylindrical, substantially annular, or a partial loop (see shape of 420-421).
Regarding claim 13, Ophardt discloses a dispenser assembly having a dispenser passageway arranged therein (see passage leading to 17); wherein, said dispenser assembly is connected to said media tube (via area 111 and 123), thereby fluidly connecting said passageways and forming an evacuation passageway for media within said deformable media container to travel from said deformable media container and out of said dispenser assembly (see fig.13).
Regarding claim 15, Ophardt discloses a conduit device (fig.1-24), comprising: a media tube having a first end and a second end defining a first passageway therein (media tube in marked area 114 with passage, fig.13); a wall-less frame extending from said second end of said media tube, said wall-less frame having at least one frame member extending distally from said second end of said media tube (see shape of 129 and the connection area 130); and, one or more of: a flange extending radially from the first end of the media tube (see the flange at the upper end of 114 extending into area 203); or, an extension portion arranged between said second end of said media tube and said wall-less, said extension portion having a plurality of apertures arranged therein, wherein one or more of said media tube or said wall-less frame is adapted to be at least partially arranged within a deformable media container (129 in 25), thereby creating a media passageway within said wall-less frame when said deformable media container collapses around said wall-less frame (see fig.13).
Regarding claim 16, Ophardt discloses said at least one frame member comprises a helical frame (see shape of 129).
Regarding claim 17, Ophardt discloses a nodule affixed to a distal end of said wall-less frame (via 420-421).
Regarding claim 18, Ophardt discloses an intermediate connector with a first end and a second end defining a body therebetween, the connector having a second passageway with a first opening disposed within the first end and a second opening disposed within the second end, the first opening arranged to accept and frictionally secure the media tube therein, thereby fluidly connecting the first and second passageways, the second opening being arranged to accept and frictionally secure a conduit of a dispensing actuator therein (see conduit 17 and 136 area connection to area 216 in connecting the passages of are 114, 111, 123 to the passage of 17).
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 8 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over
Ophardt (CA 2857325 A1).
Ophardt discloses said media tube further comprises an extension portion arranged between said second end of said media tube and said helical frame (see the extensions in both fig.13-14 from 129 or 429 to the media tubs).
Ophardt is silent in disclosing said extension portion having a plurality of apertures arranged therein. Instead, Ophardt teaches the extension area below (114) includes an aperture (214). At the time the invention was made, it would have been obvious to a person of ordinary skill in the art to add additional openings to the extension of Ophardt, since Applicant has neither placed criticality on use of such additional fluid openings nor has disclosed that such additional openings provides an advantage, is used for a particular purpose, or solves a stated problem other than causing more fluid passes through the media tube, in which Ophardt provides such an end result by properly sizing the opening or adding more openings. Further, one of ordinary skill in the art, would have expected Ophardt dispenser, and applicant’s invention, to perform equally well with either fluid opening or the claimed fluid openings because both extensions would perform the same function of passing proper amount of fluid to the media tube. Therefore, it would have been obvious to modify Ophardt to obtain the invention as specified in claims 8 and 14, because such a modification would have been mere duplication of the essential working parts of a device (apertures) and obvious over the prior art of Ophardt.
Allowable Subject Matter
Claims 4-6 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.
State of the Prior Arts
Regarding claims 1, 9 and 15, the prior arts to Hsiao (US 2005/0072807), Ophardt (CA 2857325 A1), Bond (US 4138036 A) and Foster (US 5601211 A) as cited in PTO-892, either individually or in combination are disclosing/teaching significant pertinent structures or features to the applicant’s claimed invention with regard to a device having a media tube with a first end and a second end defining a first passageway therein, the first end having a flange extending radially therefrom; a helical frame with nodule extending from said second end of said media tube, the one or more of the media tube or helical frame is adapted to be at least partially arranged within a deformable media container, thereby creating a media passageway within said helical frame when the deformable media container collapses around the helical frame. It appears that claims 1, 9 and 15 do not provide any inventive concept over the cited prior arts.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Bob Zadeh whose telephone number is (571)270-5201. The examiner can normally be reached Monday-Friday 8am-4pm E.
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/BOB ZADEH/Primary Examiner, Art Unit 3754
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