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 § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 7-8 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 7 recites “wherein each valve part of the plurality of valve parts further comprises a valve seat including an orifice through which fluid passes, an elastic member elastically supporting one side of the opening/closing members which is selectively in contact with the orifice, and a filter cap engaged with the valve seat to receive the opening/closing members and supporting the other side of the elastic member.” Parent claim 1 has been amended to recite “at least one of the plurality of valve parts are provided in the shape of a lip seal”. This is specific to the embodiments of figures 9-12. The embodiment of 9 shows a single valve part 320 having valve seat 321 including an orifice through which fluid passes, an elastic member 323 elastically supporting one side of the opening/closing members 322 which is selectively in contact with the orifice, and a filter cap 324 engaged with the valve seat to receive the opening/closing members and supporting the other side of the elastic member 323, but does not support the recitation that each valve part 320/330/340 of the plurality of valve parts have this construction. The embodiment of figure 10 lacks each valve part 420/430/440 of the plurality of valve parts have this construction. The claim therefore is not supported by the original disclosure and constitutes new matter.
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 8 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.
Claim 8 recites “a valve seat of another adjacent valve part is engaged with a filter cap of any one of the plurality of valve parts”. It is not clear if “a valve seat” and “a filter cap” correspond to one of the plurality of valve seats and filter caps of parent claim 7, or are additional elements.
Allowable Subject Matter
Claims 1 and 17-18 are allowed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRADLEY T KING whose telephone number is (571)272-7117. The examiner can normally be reached 10:30-5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Siconolfi can be reached at 571 272-7124. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRADLEY T KING/Primary Examiner, Art Unit 3616
BTK
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