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 .
Response to Amendment
The amendment filed on 06/08/2026 (hereinafter “amendment”) has been accepted and entered. Claims 1-4 and 6-15 are pending.
Claim Rejections - 35 USC § 112(a)
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 1-4 and 6-15 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 1 recites “third wall” and “fourth wall”, there is no support for the third wall and fourth wall in the specification as originally filed. The specification recites a first wall thickness, a second wall thickness, a third wall thickness and a fourth wall thickness, not that there are four walls.
Claim 1 recites “a first valve portion with a first wall” and “a second valve portion with a second wall”, there is no support for a first wall or second wall in the valve portion in the specification as originally filed. The specification recites a first and a second valve portion each portion having a wall thickness and further recites “the valve portions are those parts of the valve which are intended to deform” and “they are the valve flaps for a flap type valve”.
Claims 11 and 12 recite “the second wall” and “the first wall”, there is no support for this as discussed above.
Claim Rejections - 35 USC § 112(b)
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 1-4 and 6-15 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.
Claim 1 recites “a single integral component form by a wall” and “wherein the teat includes a third wall and a fourth wall”, this is unclear. How can a single component formed by a wall now have a third and a fourth wall? Is this a specific portion of the single wall? Does the single teat wall include a third and a fourth portion? What are the first and second portions of the teat wall?
Claim 1 recites “wherein the teat includes a third wall and a fourth wall each having a thickness in a cross section perpendicular to the teat central axis, taken above the valve”, this is unclear. Is this anywhere above the valve? The specification recites “the cross section referred to above is preferably just above the valve, so the flow of liquid during injection molding passes through this cross section just before flowing to the valve” and “the third wall thickness is in an area through which there will be a flow during injection molding which will eventually reach the valve”. Is the cross section taken just above the valve? Or is it any cross section that is taken above the valve? So that the portion of the wall, shown as the right portion of the teat from the center line to the valve in Fig. 4, above the valve in the view shown is a different thickness than the left/opposite side anywhere a perpendicular cross section is taken?
Claim 2 recites “wherein the first valve portion is a first valve flap, the second valve portion is a second valve flap”, this is unclear. Claim 1 recites “a valve having a first valve portion with a first wall, and a second valve portion with a second wall”, does this mean the wall includes a flap? Or is the wall actually a flap? Is this a different type of valve?
Claims not specifically mentioned are included due to their dependencies.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-4 and 6-15 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lauren Kmet whose telephone number is (313)446-4834. The examiner can normally be reached M-F 9am-6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Stashick can be reached at (571) 272-4561. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/L KMET/ Examiner, Art Unit 3735
/Anthony D Stashick/ Supervisory Patent Examiner, Art Unit 3735
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