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) 3, 4, 12-19, 21, 35, and 36 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ding (US 2015/0136810 A1).
Re: Claim 3, Ding discloses the claimed invention including tabletop dispenser comprising:
a container having a neck (Para. 72, dispenser fitted to neck of container);
a pump (330) (Fig. 13);
a pump housing (340) (Fig. 13);
the pump housing having an upper end (340) and a lower end (346) (Fig. 18b);
a nonmetallic pump spring (310) (Para. 89, plastic spring);
the nonmetallic pump spring having a lower end (316) (Fig. 17a);
wherein the lower end of the nonmetallic pump spring is located in a first position (Depicted in Fig. 13) prior to an initial operation of the pump and a second position (Depicted in Fig. 14) during normal operation of the pump (Figs. 13-15, Para. 93, first position prior to dispensing);
wherein the lower end of the nonmetallic pump spring moves upward from the first position to the second position (Depicted in Figs. 13-14, lower end moves upward);
wherein when the lower end of the nonmetallic pump spring is in the first position, the nonmetallic pump spring is not compressed (Fig. 13, Para. 93, unloaded).
Re: Claim 4, Ding discloses the claimed invention including the pump spring is a wave spring (Para. 90, arc-shaped spring has a wave shape).
Re: Claim 12, Ding discloses the claimed invention including the pump housing has an annular recess (346) (Depicted in Fig. 18b) and the nonmetallic pump spring has an expandable lower end (316) (Para. 93, lower end expands into recess) and wherein when the pump is shipped or stored, the expandable lower end is below the annular recess (Depicted in Fig. 13); wherein the expandable lower end is compressed within the pump housing (Para. 92, compressed within pump housing holes 347); wherein the expandable lower end is configured to be moved upward so that the expandable lower end expands in the annular recess to secure the expandable lower end to the pump housing (Fig. 14, Para. 93, lower end expands into recess).
Re: Claim 13, Ding discloses the claimed invention including the lower end of the nonmetallic pump spring is located lower down in the pump housing when the pump is in a stowed position (Fig. 13) and higher up in the pump housing when the pump is in an operating position (Fig. 14).
Re: Claim 14, Ding discloses the claimed invention including the non-metallic pump spring is uncompressed when the nozzle is in a stowed position Fig. 13, Para. 93, unloaded).
Re: Claim 15, Ding discloses the claimed invention including the non-metallic pump spring is under less compression when the nozzle is in a stowed position (Depicted in Fig. 13, Para. 93, unloaded) then the non-metallic pump spring is when the nozzle is in an operating position (Depicted in Fig. 14).
Re: Claim 16, Ding discloses the claimed invention including a nonmetallic liquid inlet valve (Fig. 13, Para. 84, plastic valve depicted).
Re: Claim 17, Ding discloses the claimed invention including a nonmetallic liquid outlet valve (Fig. 13, Para. 84, plastic valve depicted).
Re: Claim 18, Ding discloses the claimed invention including a nonmetallic pump housing (Fig. 13, Para. 84, plastic housing).
Re: Claim 19, Ding discloses the claimed invention including the non-metallic pump spring rotates when the nozzle rotates, and wherein the nozzle rotates between a locked stowed position (Fig. 13) and an unlocked operating position (Fig. 14) (Para. 93, locked stowed position then rotates to an unlocked position).
Re: Claim 21 and 35, Ding discloses the claimed invention including A tabletop dispenser comprising:
a container comprising a neck (Para. 72, dispenser fitted to neck of container);
a pump comprising:
a pump housing (340) (Fig. 13);
a pump spring (310) (Fig. 13);
a collet (16) attached to an upper end of the pump housing (Annotated Fig. 13); and
a pump head (320) extending through the collet (Fig. 11a);
wherein the pump head is movable between a stowed (Fig. 13, stowed) and a deployed position (Fig. 14, deployed position); and
wherein the pump spring is in an uncompressed condition when the pump head is in the stowed position (Fig. 13, Para. 93, unloaded).; and
a closure for securing the pump to the neck of the container (Fig. 13 depicts outer skirt of pump housing forms a closure).
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Re: Claim 36, Ding discloses the claimed invention including he pump spring (310) is plastic (Para. 89, plastic spring).
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) 5, 7, 24-26, and 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ding (US 2015/0136810 A1) as applied to claims 3 and 21 above, and further in view of Tang (US 2024/0042471 A1).
Re: Claim 5 and 24, Ding discloses the claimed invention except the spring having an s-shaped configuration. However, Tang discloses a pump spring (120 comprises two S-shaped flexible portions that are oppositely arranged (Figs. 6c-6d).
It would have been obvious to one having ordinary skill in the art at the time of the effective filing date to configure the spring with an s portion as taught by Tang, since Ding states in para. 138 that different configurations of the spring may be implemented into the embodiments, and further, it has been held that the configuration of the claimed feature was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed feature was significant. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Re: Claim 7, Ding discloses the claimed invention including a collet (annotated fig. 13 above) except for retention member as claimed. However, Tang teaches a collet (16) that comprises a retention member for securing the nozzle in a stowed position.(Para. 104, collet has slot for receiving tab)
It would have been obvious to one having ordinary skill in the art at the time of the effective filing date to configure the collet as taught by Tang, since such a modification provides an additional locking point ensuring that the pump head will not move during transport and stowage.
Re: Claim 25, 26, 28, Ding discloses the claimed invention except for retention portion as claimed. However, Tang teaches the collet (16) comprises a retaining portion slot (162) for engaging a corresponding engaging tab of the pump spring fpr a (Para. 104, collet has slot for receiving tab), such that rotating the pump spring disengages the engaging tab of the pump spring from a locking portion (Fig. 11b. Para. 104 rotates in and out of the slot).
It would have been obvious to one having ordinary skill in the art at the time of the effective filing date to configure the collet as taught by Tang, since such a modification provides an additional locking point ensuring that the pump head will not move during transport and stowage.
Allowable Subject Matter
Claim 47 is 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 dispensers with stowed and use positions.
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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