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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 10/3/2025 has been entered.
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 .
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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the spring “configured to supply a force to hold a plunger in an open position” as recited in claim 9 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Applicant points to Figs. 4A-4C as illustrating this feature. However, it is the office’s position that Figs. 4A-4C illustrate that the spring is configured to supply a force to hold the plunger in a closed position (as recited in claims 16 and 22).
See para. [0048] which recites, "spring 408 may supply a force to hold plunger 410 closed (e.g., plunger section 404 is extended from inserting end 402 as shown in Fig. 4B)." However, para [0050] states that Fig. 4B illustrates the adapted where the plunger 410 is depressed such that the spring 410 is supplying a force generally in the direction 412. Plunger section 404 may be extended when plunger 410 is depressed.
Additionally, the subject matter of claims 21 and 22 must be illustrated. As discussed below in relation to 112(b) it is the office’s position that the subject matter of claims 21 and 22 is not illustrated by applicant.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities: See para. [0048] which recites, "spring 408 may supply a force to hold plunger 410 closed (e.g., plunger section 404 is extended from inserting end 402 as shown in Fig. 4B)." However, para [0050] states that Fig. 4B illustrates the adapted where the plunger 410 is depressed such that the spring 410 is supplying a force generally in the direction 412. Plunger section 404 may be extended when plunger 410 is depressed. It is the office's position that applicant's description of Fig. 4B in para. [0050] is in conflict with the description of Fig. 4B in para. [0048].
Appropriate correction is required.
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 9, 16, 17, 21, and 22 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 necessitates “a valve adapter comprising: an inserting end, a hollow end…wherein air is configured to supplied in the inserting end to travel to the hollow end and vice versa”. Claim 9 goes on, “wherein a spring is configured to supply a force to hold a plunger in an open position, wherein a plunger section is sheathed within the inserting end in the open position and the plunger section comprises at least one hook.” Whereas claim 16 states, ““wherein a spring is configured to supply a force to hold a plunger in a closed position, wherein a plunger section extends from the inserting end in the closed position.”
Claims 21 and 22 both necessitate “a valve adapter comprising: an inserting end, a hollow end…wherein air is configured to supplied in the inserting end to travel to the hollow end and vice versa”. Claim 21 goes on, “wherein a spring is configured to supply a force to hold a plunger in an open position, wherein a plunger section is sheathed within the inserting end in the open position and the plunger section comprises at least one hook.” Whereas claim 22 states, ““wherein a spring is configured to supply a force to hold a plunger in a closed position, wherein a plunger section extends from the inserting end in the closed position.”
It is the office’s belief that Figs. 4A-4C are intended to illustrate claims 9, 16, 21 and 22. However, the Specification and Figs. do not make clear how air is configured to be supplied (or travel to) the hollow end.
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 9, 16, 17, 21 and 22 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 necessitates “a valve adapter comprising: an inserting end, a hollow end…wherein air is configured to supplied in the inserting end to travel to the hollow end and vice versa”. Claim 9 goes on, “wherein a spring is configured to supply a force to hold a plunger in an open position, wherein a plunger section is sheathed within the inserting end in the open position and the plunger section comprises at least one hook.” Whereas claim 16 states, ““wherein a spring is configured to supply a force to hold a plunger in a closed position, wherein a plunger section extends from the inserting end in the closed position.”
Claims 21 and 22 both necessitate “a valve adapter comprising: an inserting end, a hollow end…wherein air is configured to supplied in the inserting end to travel to the hollow end and vice versa”. Claim 21 goes on, “wherein a spring is configured to supply a force to hold a plunger in an open position, wherein a plunger section is sheathed within the inserting end in the open position and the plunger section comprises at least one hook.” Whereas claim 22 states, ““wherein a spring is configured to supply a force to hold a plunger in a closed position, wherein a plunger section extends from the inserting end in the closed position.”
It is the office’s belief that Figs. 4A-4C are intended to illustrate claims 9, 16, 21 and 22. However, the Specification and Figs. do not make clear how air is configured to be supplied (or travel to) the hollow end. Rather, it is the office’s position, the hollow end is configured to receive a plunger.
Allowable Subject Matter
Claims 1-8, 10-13, 15, 18-20 are allowed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to R.K. Arundale whose telephone number is 571-270-3453. The examiner can normally be reached on Monday-Friday (9:30AM-6:00PM EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisors can be reached by phone. Kenneth Rinehart can be reached at 571-272-4881, and Craig Schneider can be reached at 571-272-3607. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT K ARUNDALE/Primary Examiner, Art Unit 3753