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 .
Preliminary Amendment
The Preliminary Amendment dated 9/29/2025 has been entered.
Claim Objections
Claims 29, 48, and 49 are objected to because of the following informalities:
Claim 29, line 3, “take out of a specific volume of medium from a container” appears to be a grammatical error. Examiner suggests deleting “out of”.
Claim 48, line 3, “and/or switching device” should read --and/or the switching device--.
Claim 49, line 3, “it” should be deleted.
Appropriate correction is required.
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 27-59 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.
Regarding claims 27, 54, 56, and 58:
Each claim recites “an input side” and “an output side” (lines 3 and 4 of each claim). It is unclear if Applicant intends to recite a structural limitation with respect to the switching device or the metering device (i.e., whether one of the components is required to have a structure, such as a housing, with the recited “sides”), or merely define a structural relationship between components (i.e., with respect to a flow of media in the device). According to Examiner’s best understanding, the claims will be interpreted as the latter.
Regarding claim 27:
The claim recites “a switching device which is connected, on an input side, to a metering pump and to a flush pump, or to a flushing device” in lines 2-4. It is unclear which features are required to be connected (i.e., whether a switching device connected only to a flushing device would satisfy the claim). Examiner notes that claims 54 and 56 contain a similar limitation using different grammar and punctuation.
The claim recites “its switch state” in lines 5-6. This is ambiguous, since it is unclear to what feature “it” refers. Additionally, there is insufficient antecedent basis for a “switch state” in the claim. Examiner notes that claims 54, 56, and 58 each contain a similar limitation that appears to avoid these issues.
Regarding claim 33:
The claim recites “the second fluid line portion” in line 2. There is insufficient antecedent basis for this limitation in the claim.
The phrase "in particular" in lines 2 and 3 renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claims 34-35 and 45, each claim recites “the metering device is connected on an input side” after reciting “a switching device which is connected, on an input side” in claim 27. This furthers the confusion described above regarding claims 27, 54, 56, and 58, and additionally raises the question of double inclusion, thus rendering the scope of the claim indefinite.
Regarding claim 37:
The claim recites “the flush pump” in line 2, after appearing to recite the same as an alternative in claim 27. It is unclear whether Applicant intends the claim to further define the device to require a flush pump.
The phrase "in particular" in line 2 renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claims 38-39, the claims refer to volumes and height differences that are “small” or “large”, and to fluid line portions that are “short” or “long”. These are relative terms which render the claims indefinite. The terms are 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, considering that the claimed device is not limited to any particular intended use.
Regarding claim 41, the claim recites “the flushing device for delivering flushing medium” in lines 2-3. There is insufficient antecedent basis for this limitation in the claim, since the flushing device was not previously recited with respect to flushing medium. Further, the lack of punctuation makes the claim confusing, as it is unclear whether the claim is intended to recite “the flush pump” and “the flushing device” as separate requirements or alternatives (as they appear to be recited in claim 27).
Regarding claims 48-49, the claims recite “the outlet”, and “all of inlets inlets” (which appears to be a typographical error), or “all of the inlets”. There is insufficient antecedent basis for these limitations in the claims.
Regarding claims 50 and 52, each claim recites “the metering device” in line 2. There is insufficient antecedent basis for this limitation in the claims.
Regarding claim 52, the claim recites “a plurality of target apparatuses” and “multiple switching devices”, and appears to further describe a relationship between “a switching device” and “a target apparatus” using the terms “in each case” and “the target apparatus assigned to this switching device”. It is unclear what Applicant is intending to require with respect to these features, especially since the claimed method steps only recite “a first switching device” (in step e) and “a second switching device” (in step i). Further, the claim appears to refer to “the first switch state” and/or “the second switch state”, “the container”, and “the target apparatus” separately with respect to each of the two recited switching devices, making it unclear to which particular features the claim is referring.
Regarding claim 56, the claim recites “a communicative connection between the metering pump and/or a dilution bypass which can be acted upon by the flush pump or the flushing device and the target apparatus” in lines 7-9. This limitation is ambiguous at least because it is not clear to what feature the term “which” refers and what is intended to be included in the clause that follows (i.e., which features are required to be connected). According to Examiner’s best understanding, a dilution bypass is not required by the claim, meaning a device in accordance with claim 27 would also satisfy the limitations of this claim.
Regarding claim 58, the claim recites “a switching device which is connected on an input side to a metering pump, a dilution bypass, a flush pump or a flushing device” in lines 2-4. It is unclear which of the listed items are required (i.e., whether a connection to any single item listed would satisfy the claim).
The remaining claims are dependent upon at least one of the noted claims, and thus inherit the deficiencies of that claim(s). In light of the above described indefiniteness, the claims will be interpreted according to Examiner’s best understanding.
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.
(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.
Claims 27-36, 41-42, 44-45, 47-53, and 56-59 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tumini et al. (US 9,528,215; hereinafter “Tumini”).
Regarding claim 27, Tumini discloses a metering device for metering and supplying media via fluid lines to at least one target apparatus (see the Abstract; see Figs. 1-2), wherein the metering device comprises a switching device (e.g., product control valve 40a with auxiliary flush valve 52a in Fig. 2, which may be embodied as a 3-way valve; Col. 5, lines 18-25) which is connected, on an input side, to a metering pump (e.g., 30a) and to a flush pump, or to a flushing device (water supply 38 includes valve 46, which is considered to be a flushing device, and may include a water supply pump; Col. 5, lines 44-52; Examiner notes that the pump is not shown in Fig. 1, but corresponds to pump 44 in Fig. 3), and which is connected, on an output side, to a target apparatus (e.g., 26a), and which can be addressed by a control device (60) of the metering device to change its switch state (60 controls valves 40 and 52; Col. 5, line 59 - Col. 6, line 4), wherein the switching device provides a communicative connection between the metering pump and the target apparatus in a first switch state (e.g., when 40a is open and 52a is closed), and provides a communicative connection between the flush pump or the flushing device and the target apparatus in a second switch state (e.g., when 40a is closed, and 52a is open).
Regarding claim 28, Tumini further discloses that the target apparatus is a washing machine (see the Abstract; it is apparent that the system described by Tumini would be intended for use in a commercial textile washing application).
Regarding claim 29, Tumini further discloses that, for performing a metering process with the aid of the metering pump, the metering device is configured to take out of a specific volume of medium from a container (liquid product from 28) and convey the volume along a first fluid line portion (transport line 32) in a direction towards the target apparatus as far as to a point downstream of the switching device (Col. 3, lines 7-26).
Regarding claim 30, Tumini discloses the metering device according to claim 29, and further discloses that the metering pump is addressable by the control device for performing the metering process (60 controls pump 30; Col. 5, line 59 - Col. 6, line 4).
Regarding claim 31, Tumini discloses the metering device according to claim 29, and further discloses that a conveyance of the volume along a second fluid line portion (36) from the point downstream of the switching device to the target apparatus is causable by the metering device, for performing the metering process with aid of the flush pump or the flushing device (“the auxiliary flush mechanism operates as an auxiliary dose delivery system (i.e., to push the dose to a washer)”; Col. 9, lines 3-9).
Regarding claim 32, Tumini discloses the metering device according to claim 31, and further discloses that the flush pump or the flushing device is addressable by the control device for performing the metering process (60 controls valve 46 and pump 44; Col. 5, line 59 - Col. 6, line 4).
Regarding claim 33, Tumini further discloses that a length of the second fluid line portion is more than 5 m, in particular more than 10 m (a target apparatus may be 50 feet or more from manifold 34; Col. 8, lines 45-59).
Regarding claims 34-36, Tumini discloses the metering device according to claim 27, and further discloses that the metering device is connected on an input side to a plurality of containers (28) which are filled with different media (liquid products; Col. 3, lines 27-45) and/or with flushing medium (e.g., water; Col. 7, lines 20-22).
Regarding claim 41, Tumini discloses the metering device according to claim 27, and further discloses that the flushing device for delivering flushing medium to the target apparatus uses a line pressure prevailing in a line network of a mains water connection (if a flush pump is omitted, water supply 38 would provide flushing medium directly from “a pressurized water source or from a water supply reservoir or other source” (Col. 5, lines 44-46).
Regarding claim 42, Tumini discloses the metering device according to claim 27, and further discloses that the metering device comprises a plurality of switching devices (e.g., 40b with 52b, etc.; see Fig. 2).
Regarding claim 44, Tumini discloses the metering device according to claim 27, and further discloses that the metering device is connected to a plurality of target apparatuses (26a, 26b, etc.; see Fig. 1).
Regarding claim 45, Tumini discloses the metering device according to claim 27, and further discloses that the metering device is connected on an input side to a domestic water connection (pressurized water source; Col. 5, lines 44-46) via at least one pipe shutoff device (43; Col. 5, lines 49-50).
Regarding claim 47, Tumini discloses the metering device according to claim 27, and further discloses that the switching device is a three-way valve (Col. 5, lines 18-25).
Regarding claims 48-49, Tumini discloses the metering device according to claim 27, and further discloses that the switching device is able to adopt a third switch state, in which all inlets are blocked against each other and against the outlet in a pressure-resistant manner (e.g., when valves 40a and 52a are both closed; the nature of such valves would be to resist pressure).
Regarding claim 50, Tumini discloses a method (see Fig. 4) for metering and supplying media via fluid lines to at least one target apparatus, wherein the metering device is connected to at least one container which is filled with a medium, wherein the metering device has a control device with which, in order to perform a metering process, a metering pump and a flush pump or a flushing device can be addressed and a switching device which, in a first switch state, provides a communicative connection between the metering pump and the target apparatus and which, in a second switch state, provides a communicative connection between the flush pump or the flushing device and the target apparatus (see above regarding claims 27, 29-32, and 34), comprising the steps of (see Col. 7, line 3 - Col. 8, line 15):
a) addressing the switching device by the control device to switch the switching device to the first switch state (step 122; opening valve 40a);
b) addressing the metering pump by the control device to take out a predetermined amount of medium from the container and deliver it to a point downstream of the switching device (step 126; delivering a dose of product to delivery line 36a);
c) addressing the switching device by the control device to switch the switching device to the second switch state (step 130; closing valve 40a and opening valve 52a); and
d) addressing the flush pump or the flushing device by the control device to deliver the predetermined amount of medium from the point downstream of the switching device to the target apparatus (step 134; auxiliary flush, which pushes the dose to the washer; Col. 9, lines 3-9).
Regarding claim 51, Tumini further discloses that the target apparatus is a commercial textile washing machine, as described above regarding claim 28.
Regarding claim 52, Tumini discloses a method (see Fig. 4) for metering and supplying media via fluid lines to a plurality of target apparatuses, wherein the metering device is connected to a plurality of containers which are filled with different media, wherein the metering device has a control device, by which a metering pump and a flush pump or a flushing device as well as multiple switching devices can be addressed for performing a metering process (see above regarding claims 27, 29-32, 34-36, 42, and 44), wherein a switching device is assigned in each case to a target apparatus (see Fig. 1), wherein a switching device establishes a communicative connection in each case in a first switch state between the metering pump and the target apparatus assigned to this switching device and, in a second switch state, provides a communicative connection between the flush pump or the flushing device and the target apparatus assigned to this switching device, the method comprising the steps of (see Col. 7, line 3 - Col. 8, line 15):
e) addressing a first switching device (40a with 52a) by the control device to switch the first switching device to the first switch state (step 122; opening valve 40a);
f) addressing the metering pump by the control device to remove a predetermined amount of medium from the container and deliver it to a point downstream of the first switching device (step 126; delivering a dose of product to delivery line 36a);
g) addressing the first switching device by the control device in order to switch the first switching device to the second switch state (step 130; closing valve 40a and opening valve 52a);
h) addressing the flush pump or the flushing device by the control device to deliver the predetermined amount of medium from the point downstream of the first switching device to the target apparatus (step 134; auxiliary flush, which pushes the dose to the washer; Col. 9, lines 3-9);
i) addressing a second switching device (40b with 52b) by the control device to switch the second switching device to the first switch state (40b is opened shortly after closing 40a; Col. 7, lines 37-38);
j) addressing the metering pump by the control device to remove a predetermined amount of medium from the container and deliver it to a point downstream of the second switching device (step 136; delivering a dose of product to delivery line 36b; and
k) performing step j) before step h) is finished (step 136 is performed before step 134 is finished; see Fig. 4).
Regarding claim 53, Tumini further discloses that the plurality of target apparatuses is a plurality of commercial textile washing machines, as described above regarding claim 28.
Regarding claims 56-57, Tumini discloses a metering device having all of the features required by claims 56-57, as described above regarding claims 27-28, since the only difference between the claims is the recitation of a dilution bypass which is not interpreted to be required by the claim (see above regarding the rejection of claim 56 under 35 U.S.C. 112(b)).
Regarding claim 58, Tumini discloses a metering device for metering and supplying media via fluid lines to at least one target apparatus (see the Abstract; see Figs. 1-2), wherein the metering device comprises a switching device (e.g., product control valve 40a with auxiliary flush valve 52a in Fig. 2, which may be embodied as a 3-way valve; Col. 5, lines 18-25) which is connected, on an input side, to a metering pump (e.g., 30a), a dilution bypass (39 provides water to manifold 24 to dilute products; Col. 3; lines 27-42; Col. 5, lines 47-48), a flush pump or a flushing device (water supply 38 includes valve 46, which is considered to be a flushing device, and may include a water supply pump; Col. 5, lines 44-52; Examiner notes that the pump is not shown in Fig. 1, but corresponds to pump 44 in Fig. 3), and which is connected, on an output side, to a target apparatus (e.g., 26a), wherein the switching device can be addressed by a control device (60) of the metering device to change a switch state of the switching device (60 controls valves 40 and 52; Col. 5, line 59 - Col. 6, line 4), wherein the switching device in a first switch state provides a communicative connection between the metering pump, the dilution bypass, which can be acted upon by the flush pump or the flushing device, and the target apparatus (e.g., when 40a is open and 52a is closed), and in a second switch state provides a communicative connection between the flush pump or the flushing device and the target apparatus (e.g., when 40a is closed, and 52a is open).
Regarding claim 59, Tumini further discloses that the target apparatus is a commercial textile washing machine, as described above regarding claim 28.
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 37-39 and 54-55 are rejected under 35 U.S.C. 103 as being unpatentable over Tumini.
Regarding claims 37-39, Tumini discloses the metering device according to claim 27. As noted above regarding claim 27, Tumini does not describe the flush pump in detail or illustrate its location in the embodiment of Fig. 1. However, when configuring the device of Tumini in accordance with this embodiment to have a flush pump, it would have been obvious to one having ordinary skill in the art before the effective filing date of the application to provide the flush pump near element 43 in Fig. 1, such that the flush pump provides water to flush line 50. This would additionally be consistent with the arrangement shown in the embodiment of Fig. 3.
Tumini is likewise silent regarding the particular operational configurations of the metering pump or the flush pump, but further discloses that the described auxiliary flush mechanism aids in delivering a dose of product to the target apparatus by filling the fluid lines with flushing medium, and that target apparatus may be located remotely from the switching device, requiring “a greater amount of water to push the dose to the machine” (Col. 8, lines 44-65).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the application to configure the metering pump and the flush pump differently in the device of Tumini, since each serves a different purpose in the normal operation of the device. In particular, effective delivery of the product to the target apparatus only requires the metering pump to deliver product as far as necessary to be carried to the target apparatus by the auxiliary flush, while the flush pump is required to fill the length of the fluid lines all the way to the target apparatus. One having ordinary skill in the art would recognize that economic and design principles dictate that a component in a system should not be designed to have excessive capacity for its intended purpose. This would necessarily lead to the selection of a flush pump configured to deliver larger volumes along longer fluid line portions, relative to the metering pump, which has different requirements, thus satisfying the limitations of claims 37-39, according to Examiner’s best understanding.
Regarding claim 54, Tumini discloses a metering device having all of the features of the claimed invention, as described above regarding claim 27, except that Tumini does not explicitly disclose a dilution pump connected on an input side of the switching device. However, Tumini discloses that a product from one of the product sources (28) may be diluted in a manifold (24) before it is delivered to the target apparatus, that one of the product sources may contain water that is pumped into said manifold, and that multiple pumps may be used to simultaneously deliver products to said manifold (Col. 7, lines 15-25).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the application to modify the device of Tumini such that one product source contains water or another dilutant that is used to dilute products in the manifold without requiring dilution from water supply 38, since Tumini teaches a configuration that would make this possible. One having ordinary skill in the art would further recognize that this configuration may enable more accurate dilution/mixing of products by utilizing a different type of pump, rather than relying on a flush pump or flushing device that is primarily intended for a different purpose. When configured as described, the first switch state would provide a communicative connection between the metering pump, the dilution pump and the target apparatus (since both pumps would be connected to the switching device in the same manner), thus arriving at the claimed invention.
Regarding claim 55, Tumini further discloses that the target apparatus is a commercial textile washing machine, as described above regarding claim 28.
Claim 40 is rejected under 35 U.S.C. 103 as being unpatentable over Tumini in view of Tincher et al. (US 2013/0092704; hereinafter “Tincher”).
Tumini discloses the metering device according to claim 27, but is silent regarding the type of pumps used, and thus does not explicitly disclose that the metering pump is a peristaltic pump.
Tincher teaches a similar device (see the Abstract; Fig. 1) with a metering pump (e.g., 14a) that is a peristaltic pump (see Figs. 8-9). Tincher teaches that these pumps are used to minimize operator and system component contact with the chemicals being dispensed (Paragraph 0005).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the application to provide the device of Tumini with a metering pump that is a peristaltic pump, as taught by Tincher, in order to minimize operator and system component contact with the chemicals being dispensed (e.g., detergent).
Claim 43 is rejected under 35 U.S.C. 103 as being unpatentable over Tumini in view of Saier et al. (US 10,780,470; hereinafter “Saier”).
Tumini discloses the metering device according to claim 42, and further discloses that the plurality of switching devices is connected to the metering pump via inlet manifold 24, fluid line 32, and outlet manifold 34 (see Fig. 1), which may be considered to be a mixing distributor device. However, the outlet manifold is not disclosed to communicatively connect the metering pump to a selected one of the plurality of switching devices. Instead, it appears that each switching device would be connected to a common manifold volume.
Saier teaches a similar arrangement (see the embodiment of Fig. 22) in which a mixing distributor device (10b) communicatively connects a fluid line inlet (between 19 and 27x) to a selected one of a plurality of outlets (Col. 1, lines 14-24 describes the general operation of the device with respect to multiple inlets and a single outlet; when implemented as shown in Fig. 22, a single input would lead to multiple outputs). Saier further teaches this arrangement as working together with a flushing device to prevent residues from remaining in the fluid path (Col. 2, lines 33-38).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the application to provide the mixing distributor device of Tumini with the ability to communicatively connect a single inlet to a selected one of a plurality of outlets, as taught by Saier, in order to more effectively deliver product and/or flushing media to each switching device. One having ordinary skill in the art would recognize that the disclosure of Tumini appears to rely on gravity to direct any fluids in manifold 34 to the appropriate switching device (i.e., a selectively opened valve corresponding to the switching device currently in its first switch state), which would likely result in residues settling in other low points of the manifold (e.g., other switching device locations). One having ordinary skill in the art would be capable of incorporating the functionality of the mixing distributor device taught by Saier into the device of Tumini (e.g., by funneling the liquid in the outlet manifold to a single low point, which then selectively directs fluid to the intended switching device) with predictable results.
Claim 46 is rejected under 35 U.S.C. 103 as being unpatentable over Tumini in view of Jenks et al. (US 2019/0353260; hereinafter “Jenks”).
Tumini discloses the metering device according to claim 27, and further discloses that the switching device may be embodied as a three-way valve, as described above regarding claim 27. Tumini does not explicitly disclose that this three-way valve is a ball valve which is driven by a motor.
Jenks teaches a three-way valve that is a ball valve “movable from a first position in which the first inlet port is in fluid communication with the outlet port and a second position in which the second inlet port is in fluid communication with the outlet port” (Paragraph 0006) driven by a motor (actuator 1200; Paragraph 0093).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the application to provide the device of Tumini with a three-way valve in the form of a ball valve driven by a motor, as taught by Jenks. Since Tumini is silent regarding the details of the three-way valve, one having ordinary skill in the art would look to the prior art for a solution, of which Jenks provides a suitable example taught to be used in a manner consistent with the disclosure of Tumini.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 form for additional examples of metering devices relevant to the claims of the instant application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL C PATTERSON whose telephone number is (571)270-5558. The examiner can normally be reached M-F 7:30-4:00 CST.
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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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/MICHAEL C PATTERSON/Examiner, Art Unit 3754
/PAUL R DURAND/Supervisory Patent Examiner, Art Unit 3754 September 22, 2026
