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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 2 December 2025 has been entered.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Roberts (US 3,209,579).
Regarding claim 14, Roberts discloses a test gas applicator (fig. 1) for administering test gas to a test object to be tested for the presence of a leak (c. 1, ll. 9-15), comprising a housing (1) surrounding a test gas volume (2, 21) and having a test gas outlet (at internal shoulder 19; fig. 1) with a membrane material (35) through which the test gas diffuses and/or permeates (permeation member 35 includes screens 25 and 32, paper members 26 and 31, silicone rubber member 27and 30, and annular member 28 that allow test gas to permeate through the outlet at internal shoulder 19; c. 3, ll. 62-67), wherein the housing (1) is elongated and substantially cylindrical (enclosure 1 has a substantially cylindrical outer wall; fig. 2), and wherein the test gas outlet is provided concentrically at a distal end of the housing (a test gas outlet at internal shoulder 19 is provided concentrically at a distal end of enclosure 1; fig. 1), the test gas outlet is provided as a cylindrical opening (see annotated fig. 1 below) in the housing (the test gas outlet at internal shoulder 19 is provided as a cylindrical-shaped opening; figs. 1 and 3), which cylindrical opening has a smaller diameter than the test gas volume (the cylindrical opening has a smaller diameter than at least cavity 2 of the test gas volume; fig. 2), a first end of said opening abuts the test gas volume (a lower end of the cylindrical opening abuts passageway 21 of the test as volume; see annotated Fig. 1 below) and a second end opposite the first end of said cylindrical opening abuts the atmosphere surrounding the test gas applicator (an upper end of the cylindrical opening abuts atmosphere surrounding output fitting 40 of the test gas applicator that is drawn from chamber 55 into the base of output fitting 40; c. 4, ll. 5-12), such that the test gas outlet comprises a constant diameter along its entire length from its first end to its second end (the test gas outlet has a constant diameter along its entire length from the lower end to the upper end; see annotated fig. 1 below), the membrane material (35) completely fills the cylindrical opening from the first end to the second end (permeation member 35 completely fills the cylindrical-shaped opening between internal shoulder 19 and fitting 40; figs. 1 and 2), and the test gas applicator (fig. 1), the test gas outlet (at internal shoulder 19) and the membrane material (35) are configured to convey the test gas solely by diffusion and/or permeation from the test gas volume (2) to the atmosphere surrounding the test gas applicator (the test gas applicator, the test gas outlet at internal shoulder 19, and permeation member 35 are configured to convey test gas solely by permeation from cavity 2 to the atmosphere surrounding the test gas applicator, without applying a vacuum pressure; c. 4, ll. 5-22).
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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) 1, 2, 4, 7, 9, 10, and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Roberts (US 3,209,579) in view of Schwartz et al. (US 8,881,576 B2).
Regarding claim 1, Roberts discloses a test gas applicator (fig. 1) for administering test gas to a test object to be tested for the presence of a leak (c. 1, ll. 9-15), comprising a housing (1) surrounding a test gas volume (2, 21) and having a test gas outlet (at internal shoulder 19; fig. 1) with a membrane material (35) through which the test gas diffuses and/or permeates (permeation member 35 includes screens 25 and 32, paper members 26 and 31, silicone rubber member 27and 30, and annular member 28 that allow test gas to permeate through the outlet at internal shoulder 19; c. 3, ll. 62-67), wherein the housing (1) is elongated and substantially cylindrical (enclosure 1 has a substantially cylindrical outer wall; fig. 2), and the test gas outlet is provided concentrically at a distal end of the housing (a test gas outlet at internal shoulder 19 is provided concentrically at a distal end of enclosure 1; fig. 1), the test gas outlet is provided as a cylindrical opening (see annotated Fig. 1 above) in the housing (the test gas outlet at internal shoulder 19 is provided as a cylindrical-shaped opening; figs. 1 and 3), a first end of said cylindrical opening abuts the test gas volume (a lower end of the cylindrical opening abuts passageway 21 of the test as volume; see annotated Fig. 1 above) and a second end opposite the first end of said cylindrical opening abuts the atmosphere surrounding the test gas applicator (an upper end of the cylindrical opening abuts atmosphere surrounding output fitting 40 of the test gas applicator that is drawn from chamber 55 into the base of output fitting 40; c. 4, ll. 5-12), such that the test gas outlet comprises a constant diameter along its entire length from its first end to its second end (the test gas outlet has a constant diameter along its entire length from the lower end to the upper end; see annotated fig. 1 below), the membrane material (35) completely fills the cylindrical opening from the first end to the second end (permeation member 35 completely fills the cylindrical-shaped opening between internal shoulder 19 and fitting 40; figs. 1 and 2), and the test gas applicator (fig. 1), the test gas outlet (at internal shoulder 19) and the membrane material (35) are configured to convey the test gas solely by diffusion and/or permeation from the test gas volume (2) to the atmosphere surrounding the test gas applicator (the test gas applicator, the test gas outlet at internal shoulder 19, and permeation member 35 are configured to convey test gas solely by permeation from cavity 2 to the atmosphere surrounding the test gas applicator, without applying a vacuum pressure; c. 4, ll. 5-22).
Regarding claim 2, Roberts discloses the test gas applicator (fig. 1), characterized in that the membrane material (35) is configured to diffuse or permeate gas contained in the test gas volume 92) at atmospheric pressure into the atmosphere surrounding the test gas applicator (the test gas applicator is configured to convey test gas solely by permeation from cavity 2 to the atmosphere surrounding the test gas applicator, without applying a pressure differential; c. 4, ll. 5-22).
Regarding claim 4, Roberts discloses the membrane material (35) is an open-pored felt material or a pore-free, closed membrane material (at least paper members 26 and 31 are open-pored paper material that is made of fibers as felt; c. 3, ll. 2-9).
Regarding claim 7, Roberts discloses the housing (1) comprises a pressure relief valve (at least apertures 47 and 48 allow air flow into an upper portion of permeation member 35 and thus provide pressure relief; figs. 1 and 4).
Regarding claim 9, Roberts discloses the membrane material (35) extends from the test gas outlet (at internal shoulder 19) into the test gas volume (membrane material extends to passageway 21 which is part of the test gas volume; figs. 1 and 3).
Regarding claim 10, Roberts discloses the test gas volume (2, 21) comprises a test gas with atmospheric pressure (Freon-11 is provided in cavity 2 and passageway 21 when vaporized at atmospheric pressure; c. 3, ll. 44-52).
Regarding claim 12, Roberts discloses the membrane material (35) is an open-pored felt material or a pore-free, closed membrane material comprising a silicon material (at least paper members 26 and 31 are open-pored paper material that is made of fibers as felt; c. 3, ll. 2-9).
Although Roberts discloses the membrane material (35) is comprised of layers of material, it is silent on using a single membrane material. However, a single layer membrane is well-known in the art of leak testing devices.
Schwartz et al. teaches administering test gas (helium; fig. 1) to a test object (10) to be tested for the presence of a leak (c. 1, ll. 11-19), comprising a single membrane material (13) through which the test gas diffuses and/or permeates (membrane 13 is a single material membrane through which a tracer gas is permeable; c. 2, ll. 53-55).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the apparatus of Roberts with the single material membrane as taught in Schwartz et al. as this is a simple substitution of one known element for another to obtain predictable results and providing a membrane of a single material would simplify manufacturing and assembly of a leak test device.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Roberts (US 3,209,579) in view of Schwartz et al. (US 8,881,576 B2), and further, in view of Decker (US 2016/0146694 A1).
Regarding claim 6, Roberts in view of Schwartz et al. discloses the invention as set forth above.
Although Roberts in view of Schwartz et al. are silent on a filling valve, filling valves are common components of gas containers.
Decker teaches a test gas applicator (10) characterized in that a housing (2) comprises a filling valve (4).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the apparatus of Roberts in view of Schwartz et al. with a separate filling valve as taught in Decker for efficient refilling and reuse of a test gas applicator.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Roberts (US 3,209,579), in view of Schwartz et al. (US 8,881,576 B2), and further, in view of Inficon (DE 20 2010 003 426 U1).
Regarding claim 8, Roberts in view of Schwartz et al. discloses the invention as set forth above.
Roberts in view of Schwartz et al. are silent on a safety cap.
Inficon teaches a test gas applicator (fig. 1) comprises a safety cap (18) completely covering and closing a test gas outlet (20) when fitted on a housing (gaskets 17 and 18 seal container 10 when head piece 12 is not mounted; ll. 99-104).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the apparatus of Roberts in view of Schwartz et al. with the safety cap closure of Inficon to provide a means of sealing the test gas applicator when not in use.
Allowable Subject Matter
Claim 13 is allowed.
The prior art does not disclose or suggest “wherein the membrane material extends from the test gas outlet into the test gas volume” in combination with the remaining claim elements as recited in claim 13.
Response to Arguments
Applicant’s arguments filed 2 December 2025, with respect to independent claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant's arguments with respect to new claim 14 have been fully considered but they are not persuasive. Applicant asserts passageway 21 of Roberts, “to which the Examiner refers as corresponding to the test gas volume of the invention, has a smaller diameter than the cylindrical opening filled out by the multilayer membrane 35.” Response, page 8. However, Roberts discloses a test gas volume (fig. 1) including cavity 2 and passageway 21 and the cylindrical opening filled out by multilayer membrane 35 has a smaller diameter than at least the diameter of cavity 2.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Erika J. Villaluna whose telephone number is (571)272-8348. The examiner can normally be reached Mon-Fri 9:00 am - 5:30 pm.
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/ERIKA J. VILLALUNA/Primary Examiner, Art Unit 2852