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 .
Applicant’s arguments, filed 01/20/2026, with respect to 112b rejection of claims 1, 6 and 10 have been fully considered and are persuasive. The 112b rejection of claims 1, 6 and 10 has been overcome.
Applicant’s arguments, filed 01/20/2026, with respect to the 102(a)(1) rejection(s) of independent claim 1 under Collins et al. (US 20070048157, hereinafter: “Collins”) have been fully considered and are persuasive. Therefore, the rejection has been overcome.
However, upon further consideration, a new ground(s) of rejection is made in view of Montaner et al. (US 5425477, hereinafter: “Montaner”). Montaner discloses a pump comprising a housing member which can be moved relative to the housing body along a longitudinal direction of the pump housing when the pump housing is in the operating configuration and during operation of the pump unit.
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Germany on 08/02/2024 and 06/05/2025. It is noted, however, that applicant has not filed a certified copy of the Germany 102024122101.1 and Germany 102025122058.1 application as required by 37 CFR 1.55.
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 1-11 and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Montaner et al. (US 5425477, hereinafter: “Montaner”).
In reference to Claim 1
Montaner discloses:
A pump housing (31, 32, 28, 29, 26, 27, 43) for accommodating a pump unit (43, 38, 39, 51, 48, 21, 22), the pump housing being configured to be inserted at least partially into an external pump receptacle (11, 12, 16) in an operating configuration, the pump housing comprising a housing body (31, 32) and a housing member (28, 29, 26, 27, 43), the housing body having a receiving space (space within 31, 32) into which the pump unit (39, 38, 49 parts are inserted) is inserted and having an end-face access (axial openings of 31, 32) opening that forms an access to the receiving space, and the housing member coupled (coupled at 31 and 43, and coupled at 31 and 28, 29 via spring 41) to the housing body in order to close the end-face access opening of the housing body in a fluid-tight manner, wherein a coupling device (44, 34, 41) is provided, by means of which the housing member can be coupled to the housing body such that the housing member can be moved relative to the housing body along a longitudinal direction of the pump housing when the pump housing is in the operating configuration and during operation of the pump unit (see Figure 1 and 2 for movement along the longitudinal direction during operation of the pump unit). (Col. 3, ll. 10-68; Col. 4, ll, 1-68; Col. 5, ll. 1-52; Fig. 1-4).
(Col. 4, ll. 37-59; Montaner) In operation, upon depression of the plunger cap in the direction of the arrow of FIG. 6, plunger 26 is lowered as it guides along lip seal 24. Before initial dispensing and assuming pump chamber 52 to contain unwanted air, the plunger is downwardly stroked to compress the air within the pump chamber to at least some extent although the pressure may not increase sufficiently to cause the member 42 to shift downwardly to thereby open the discharge passage to expel the air. Thus, upon stroking the plunger until its flange 29 contacts flange 45 of the piston, and upon further downward depression of the plunger member 42 is lowered as it is guided along the wall of section 34 to thereby shift valve head 48 away from valve seat 25 to thereby open the discharge permitting the air to be expelled from pump chamber 52 under pressure through discharge passage 22, 23 and out through orifice 18. FIG. 2 shows the plunger depressed and member 42 shifted to open the discharge during the priming operation. The unwanted air is effectively squeezed out of the pump chamber as flanges 29 and 45 interengage and as the nose of member 42 substantially occupies the space within sleeve 27 below member 21.
In reference to Claim 2
Montaner discloses:
The pump housing according to claim 1, wherein the coupling device (44, 34, 41) forms a displacement area (displacement area from 31 to 29) for the housing member coupled to the housing body, the housing member being displaceable within the displacement area along the longitudinal direction of the pump housing. (Col. 4, ll. 37-59; Fig. 1-2).
In reference to Claim 3
Montaner discloses:
The pump housing according to claim 1, wherein a variable axial length (variable axial length from 29 to 31) of the pump housing is formed by the coupling device, the variable axial length being adaptable to a depth of the external pump receptacle by means of a displacement movement of the housing member. (Col. 4, ll. 37-59; Fig. 1-2).
In reference to Claim 4
Montaner discloses:
The pump housing according to claim 2, wherein the coupling device further comprises at least one first force storage member (41; Fig. 1-2) that acts between the housing body and the housing member and by means of which a displacement movement (movement along the longitudinal length as shown in Fig. 1-2) of the housing member can be controlled in at least one displacement direction (downward direction as shown in Fig. 2) of the displacement area. (Col. 3, 52-60; Col. 4, ll. 37-59; Fig. 1-2).
In reference to Claim 5
Montaner discloses:
The pump housing according to claim 4, wherein the at least one first force storage member (41) is arranged between the housing member and the pump unit inserted into the housing body, wherein the at least one first force storage member controls the displacement movement of the housing member in the at least one displacement direction and fixes the pump unit in the receiving space of the housing body. (Col. 3, ll. 52-60; Col. 4, ll. 37-59; Fig. 1-2)
In reference to Claim 6
Montaner discloses:
The pump housing according to claim 4, wherein the at least one first force storage member (41) is configured as a coil spring, a wave spring, a disc spring, or a rubber member. (Col. 3, ll. 52-60; Fig. 1-2).
In reference to Claim 7
Montaner discloses:
The pump housing according to claim 4, wherein at least one second force storage member (46) is provided on the housing member, which acts between the housing member and the external pump receptacle in the operating configuration of the pump housing. (Col. 3, ll. 60-68; Col. 4, ll. 1-11; Fig. 1-2).
In reference to Claim 8
Montaner discloses:
The pump housing according to claim 7, wherein a force of the at least one first force storage member (41) and a force of the at least one second force storage member (46) act on the housing member in opposite directions in the operating configuration of the pump housing, such that the displacement movement of the housing member can be controlled by the at least one first force storage member and the at least one second force storage member in opposite displacement directions of the displacement area. (Col. 3, ll. 52-68; Col. 4, ll. 1-59; Fig. 1-2).
In reference to Claim 9
Montaner discloses:
The pump housing according to claim 7, wherein the at least one second force storage member is configured as an elastic sealing member which, in the operating configuration, seals a fluid inlet and/or a fluid outlet on the housing member and controls the displacement movement of the housing member in an opposite direction to the at least one second force storage member.
In reference to Claim 10
Montaner discloses:
The pump housing according to claim 1, wherein the coupling device further comprises a limiting unit (42, 59; 44, and 34, wherein 34 includes inner flange/step which limits 44 from sliding further) that limits a displacement movement of the housing member (28, 29, 26, 27, 43) in a coupling configuration at least in a decoupling direction in which the housing member can be decoupled from the housing body.
(Col. 4, ll. 60-68) Upon release of the finger pressure applied to the plunger cap, the plunger is returned toward its inactive position of FIG. 1 under the action of its spring 41 whereupon spring 59 returns member 42 to its position seated against the discharge valve seat such that a sub-atmospheric pressure is created in chamber 52 causing liquid product to be suctioned from the container through dip tube 39, unseating ball check valve 38, and filling the pump chamber as the product flows through…
In reference to Claim 11
Montaner discloses:
The pump housing according to claim 10, wherein the limiting unit further comprises a snap-in connection or a clip connection (connection 44, 34, outward flange 45, 59), by means of which the housing member can be coupled to the housing body in a coupling direction and by means of which a limit stop (limit stop by flange 45) for the displacement movement of the housing member is formed in the decoupling direction. (Col. 3, ll. 10-68; Col. 4, ll, 1-68; Col. 5, ll. 1-52; Fig. 1-4).
In reference to Claim 13
Montaner discloses:
A pump (10) comprising the pump unit and the pump housing with the receiving space in which the pump unit is accommodated, wherein the pump housing is configured in accordance with claim 1. (Fig. 1-2).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Montaner et al. (US 5425477, hereinafter: “Montaner”) in view of Brosamle et al. (US 20170324298, hereinafter: “Brosamle”).
In reference to Claim 12
Montaner discloses:
The pump housing according to claim 1, wherein at least the housing body is made of a plastic material, a thermoplastic material, and/or a composite material.
Montaner is silent on the material the housing body is made of.
Brosamle teaches a pump assembly comprising a housing portion (16) which is made of plastic (“According to a further preferred embodiment, the air gap sleeve is configured as one piece with the motor housing, in particular from plastic,” [0022]). (Figure).
Based on the teaching of Montaner and Brosamle, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the housing body of Montaner by constructing it from plastic as taught by Brosamle for the purpose of utilizing a well-known material for pump components.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AYE SU MON HTAY whose telephone number is (571)270-5958. The examiner can normally be reached Monday-Friday, 9:00am-3:00pm PST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Wiehe can be reached at 571-272-8648. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AYE S HTAY/Examiner, Art Unit 3745
/NATHANIEL E WIEHE/Supervisory Patent Examiner, Art Unit 3745
