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 Objections
Claim 1is objected to because of the following informalities:
In regard to claim 1, on line 8, “interior” should be “internal” (see claim 11, line 2 and paragraph 0034, line 1, paragraph 0035, lines 1, 2 and 5, etc.). 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.
Claim 3 is 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.
In regard to claim 3, an antecedent basis for “the height of the lower portion” (see line 2) has not been defined.
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 1-6, 8, 9, 11, 12, 14 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by the Coster Catalogue, Coster Technologie Speciali S.P.A. catalogue (as cited by the Applicant on the IDS filed 9/19/25).
In regard to claim 1, the Coster catalogue discloses an actuator nozzle (see page 128, Model V05.992 in section 2.1.10) comprising:
a lower portion (see the reproduced figure below) comprising a base configured to connect to a container, the base comprising a lower orifice;
an upper portion comprising a tapered section on one side of the upper portion, the tapered section tapers inward as the tapered section extends upward from the lower portion, the upper portion further comprising a substantially vertical section on an opposite side of the upper portion from the tapered section; and
an upper orifice in fluid communication with the lower orifice by an internal channel of the actuator nozzle, the upper orifice angled downward from a top of the tapered section of the upper portion to a top of the substantially vertical section of the upper portion.
PNG
media_image1.png
112
328
media_image1.png
Greyscale
In regard to claim 2, the upper orifice has a shape that is oval and has a maximum width adjacent to the top of the tapered section.
In regard to claim 3, the lower portion of the actuator nozzle is substantially symmetrical throughout an entirety of a height of the lower portion.
In regard to claims 4 and 5, the tapered section of the upper portion includes a pressure point configured to actuate and/or permit actuation of a valve on which the actuator nozzle is mounted.
In regard to claim 6, the pressure point and the upper orifice face opposite directions.
In regard to claim 8, the tapered section of the upper portion has a height greater than that of the substantially vertical section of the upper portion.
In regard to claim 9, the actuator nozzle is mounted on a pressurized container.
In regard to claim 11, the actuator nozzle is mounted on a valve configured to reversibly open and close the internal channel of the actuator nozzle.
In regard to claim 12, the Coster catalogue discloses a method of attaching the actuator nozzle to a pressurized container (see, for example, page 7).
In regard to claim 14, attaching the actuator nozzle to the pressurized container comprises mounting the actuator nozzle on a valve that is part of or attached to the container.
In regard to claim 15, the Coster catalogue discloses a method of directing a fluid product from the container through the actuator nozzle.
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 7 is rejected under 35 U.S.C. 103 as being unpatentable over the Coster catalogue in view of Stegeman (U.S. Patent 8,863,995).
In regard to claim 7, although the Coster catalogue does not disclose the actuator nozzle is partially or entirely made of plastic, attention is directed to the Stegeman reference, which discloses another actuator nozzle wherein the nozzle is at least partially made from plastic (see column 3, lines 30-35) in order to enable the nozzle to be conveniently and effectively produced. Accordingly, it would have been obvious to one of ordinary skill in the art at the time the invention was made the actuator nozzle in the Coster catalogue can be made at least partially from plastic in order to enable the nozzle to be conveniently and effectively produced.
Claims 10, 13, 16 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over the Coster catalogue in view of Kuehner et al. (U.S. Patent 6,488,974, hereinafter Kuehner).
In regard to claim 10, the Coster catalogue discloses the actuator nozzle is for dispensing a foam product (see pages 119 and 128; model V05.992 is in section 2.1.10, which are disclosed as actuators for foam). Although the Coster catalogue does not disclose the container contains a foaming liquid creamer, attention is directed to the Kuehner reference, which discloses another actuator nozzle for a pressurized container wherein the container contains a foaming liquid creamer (see the abstract) in order to enable a user to dispense a foaming liquid creamer if desired. Accordingly, it would have been obvious to one of ordinary skill in the art at the time the invention was made the container in the Coster catalogue can container a foaming liquid creamer in order to enable a user to dispense a foaming liquid creamer if desired.
In regard to claim 13, as discussed above, the container in the Coster catalogue can obviously contain a foaming liquid creamer.
In regard to claim 16, although the Coster catalogue in view Kuehner discloses directing the fluid product through the actuator nozzle comprises forming a jet stream of the fluid from the upper orifice and/or deflecting the fluid product between outer edges of the upper orifice to create a foam product onto what the upper orifice is facing. Although the Coster catalogue in view Kuehner does not disclose the foam product is dispensed onto a beverage, as claimed, it is the examiner’s position it would have been obvious to one of ordinary skill in the art at the time the invention was made the foam can obviously be dispensed onto a beverage (or any other surface) without effecting the overall operation of the device should a user so choose to employ the device.
In regard to claim 17, directing the fluid through the actuator nozzle onto a beverage can be done without tools or utensils.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The Dubois et al. reference is cited as being directed to the state of the art as another actuator nozzle comprised of a lower portion and an upper portion having a tapered section and substantially vertical section.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID J WALCZAK whose telephone number is (571)272-4895. The examiner can normally be reached Monday-Friday 6:30-4:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Angwin can be reached at 571-270-3735. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
DJW
7/22/2026
/DAVID J WALCZAK/Primary Examiner, Art Unit 3754
Prosecution Insights