DETAILED ACTION
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 1-12 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.
Claim 1, line 6 recites “pocket and/or reservoir” which indicates that the pocket and reservoir are alternatively useable or optional structures. This is contradicted by further limits in claim 1, “the pocket being a deformable pocket”, “the device comprising the pocket and a dispensing orifice…” which indicate that the pocket is not alternatively useable or optional but required.
Regarding claims 9-12, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claims 2-8 depend from the claims above and therefore inherit the deficiencies thereof.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3, 6-7, and 9 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Gueret (US 5509584).
Claim 1, Gueret discloses - an opening (15) communicating with the outside of the device,
- a plug (11),
- a plug housing (1),
the device being arranged to, at least in the absence of the plug, evacuate fluid and/or gas through the plug housing from a pocket (P) and/or a reservoir of fluid to the opening
characterized in that:
the plug housing (1) comprises at least one main part, the plug comprises at least one main part, the main part of the plug housing being arranged to accommodate the main part of the plug, such that:
- in a first insertion position (FIG 1) of the plug into the plug housing from the opening, fluid and/or gas can escape from the plug housing through the opening along and/or around the plug, and
- in a second insertion position (FIG 2) of the plug into the plug housing from the opening, for which the plug is further pushed or moved into the plug housing than in the first insertion position, fluid and/or gas can no longer escape from the plug housing through the opening along and/or around the plug,
the device comprising the pocket (5) and a dispensing orifice (7) connecting an interior volume of the pocket to an interior volume of a channel
the pocket (5) being a deformable pocket having the interior volume arranged to contain the fluid.
Claim 2, Gueret discloses the main part of the plug housing (1; FIG 1-2) comprises a large section (3 or 6) and a small section (6 or 8 or 9) smaller than the large section, the large section being oriented towards the opening and the small section being oriented towards the pocket and/or the reservoir.
Claim 3, Gueret discloses the main part of the plug (11) comprises a lateral cavity (16) arranged for a passage of fluid and/or gas along and/or around the plug in the first insertion position (FIG 1) of the plug and for a hermetic storage of fluid and/or gas in the second insertion position (FIG 2) of the plug.
Claim 6, Gueret discloses - the opening (15; FIG 1-3) is an outlet from the device,
- the main part of the plug (11) carries a dispensing valve (14) and/or the main part of the plug housing houses a dispensing valve (14), which in an open state, allows a passage of fluid from the inside of the pocket and/or reservoir to the outlet, and, in a closed state, does not allow a passage of fluid from the inside of the pocket (5) and/or reservoir to the outlet.
Claim 7, Gueret discloses the plug housing (1) comprises clipping or snap-fastening means (6, 17) arranged to hold the plug in its first insertion position (FIG 1).
Claim 9, Gueret discloses - the pocket (5) and/or the reservoir are filled with fluid while the plug (11) is inserted in the first insertion position in the plug housing (1) or is not inserted at all in the plug housing, and:
fluid and/or gas are caused to rise from the pocket or reservoir towards the opening, preferably (see 112 above) by pressing on the pocket and/or the reservoir so as to reduce the volume, and/or,
the plug is pushed or moved in the plug housing so as to move it from its first insertion position (FIG 1) to its second insertion position (FIG 2).
Allowable Subject Matter
Claims 4-5, 8, 10-12 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEREMY W CARROLL whose telephone number is (571)272-4988. The examiner can normally be reached M-F 8 AM - 5 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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JEREMY W. CARROLL
Primary Examiner
Art Unit 3754
/Jeremy Carroll/Primary Examiner, Art Unit 3754
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