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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/27/2023 and 07/06/2023 was filed after the mailing date of the Application on 06/27/2023. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claims 17-18 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 17 depends upon claim 18. For the purpose of examination, this claim will be interpreted as depend upon claim 16 where the inclined guide portion is recited.
Claim 18 is also rejected because of depending upon the rejected claim 17.
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.
Claim(s) 1-6, 8, 10-11, and 14-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ledbetter et al. (US 5,782,259).
With regards to claim 1:
Ledbetter et al. discloses (refer to Fig. 1 and 2 below) an opening/closing apparatus (10) comprising:
a body part provided at an outlet end (39) of a discharge line configured to discharge a target fluid (pressurized refrigerant) to outside in a first direction (vertical), the body part having a discharge part (86, 84, 34, 38) configured to discharge the target fluid to the outside in a second direction (horizontal) intersecting the first direction;
a guide part (62) configured to surround a periphery of the discharge part (86, 84, 34, 38) and guide the target fluid, which has passed through the discharge part (86, 84, 34, 38), in the first direction (vertical); and
an opening/closing part configured to selectively open or close the discharge part based on discharge pressure of the target fluid (pressurized refrigerant).
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Fig. 1
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Fig. 2
With regards to claim 2:
Ledbetter et al. discloses (refer to Fig. 1 and 2 above) the opening/closing apparatus of claim 1, wherein the opening/closing part comprises:
a shaft part (S) configured to be selectively movable upward or downward relative to the body part in response to pressure of the target fluid; and
a cap member (CM) connected to the shaft part and configured to be movable in response to the upward or downward movement of the shaft part from a first position at which the cap member closes the discharge part to a second position at which the cap member opens the discharge part (86, 84, 34).
With regards to claim 3:
Ledbetter et al. discloses (refer to Fig. 1 and 2 above) the opening/closing apparatus of claim 2, wherein the body part comprises:
a first body (34) connected to the outlet end (39); and
a second body (40) having a passing hole through which a part of the shaft part (S) passes, the second body being configured to define an accommodation space for accommodating the shaft part (S) in cooperation with the first body (34).
With regards to claim 4:
Ledbetter et al. discloses (refer to Fig. 1 and 2 above) the opening/closing apparatus of claim 3, wherein one end of the shaft part (S) is exposed to outside of the second body (40) through the passing hole, and the cap member (CM) is connected to one end of the shaft part (S).
With regards to claim 5:
Ledbetter et al. discloses (refer to Fig. 1 and 2 above) the opening/closing apparatus of claim 3, wherein the cap member comprises:
a cap head (CH) connected to one end of the shaft part; and
a cap body (84) configured to surround a periphery of an edge of the cap head so as to cover the discharge part (86, 84, 34, 38) and selectively open or close the discharge part in response to the upward or downward movement of the shaft part (S).
With regards to claim 6:
Ledbetter et al. discloses (refer to Fig. 1 and 2 above) the opening/closing apparatus of claim 5, comprising:
an accommodation portion (screw) provided in the cap head (CH) and configured to accommodate one end of the shaft part (S).
With regards to claim 8:
Ledbetter et al. discloses (refer to Fig. 1 and 2 above) the opening/closing apparatus of claim 2, wherein the shaft part comprises:
a shaft body (S) accommodated in the body part so as to be movable upward or downward; and
a shaft plate (84) provided at an end of the shaft body so as to cover the discharge line and configured to be selectively movable upward or downward in response to discharge pressure of the target fluid.
With regards to claim 10:
Ledbetter et al. discloses (refer to Fig. 1 and 2 above) the opening/closing apparatus of claim 2, comprising:
an elastic support part comprising a spring member (not labeled) configured to provide an elastic force to move the cap member(CM) from the second position (open) to the first position (close).
With regards to claim 11:
Ledbetter et al. discloses (refer to Fig. 1 and 2 above) the opening/closing apparatus of claim 2, comprising:
a stopper (ST) provided on the shaft part (S), and configured to restrict movement of the cap member (CM) relative to the body part when the discharge part is opened.
With regards to claim 14:
Ledbetter et al. discloses (refer to Fig. 1 and 2 above) the opening/closing apparatus of claim 1, wherein the discharge part (86, 84, 34, 38) comprises a plurality of discharge holes (38) spaced apart from one another in a circumferential direction of the body part.
With regards to claim 15:
Ledbetter et al. discloses (refer to Fig. 1 and 2 above) the opening/closing apparatus of claim 14, wherein a sum of cross-sectional areas of the plurality of discharge holes is larger than a cross-sectional area of the discharge line (the cross section area of the opening between the boss (38) appears to be larger than the cross section of the annular cross section between (62) and (34) walls).
With regards to claim 16:
Ledbetter et al. discloses (refer to Fig. 1 and 2 above) the opening/closing apparatus of claim 2, further comprising:
an inclined guide portion provided on an inner surface (IS) of the guide part (62) so as to face the discharge part (86, 84, 34, 38) and configured to guide the target fluid in an upward direction.
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) 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jung et al. (US 2014/0166121) and in view of Ledbetter et al..
With regards to claim 19:
Jung et al. discloses (refer to Fig. 3 below) a vehicle (see [0011]) comprising the opening/closing apparatus (pressure relief valve 12) which is opened base on a predetermined discharge pressure.
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Fig. 3
Jung et al. does not disclose the vehicle comprising the opening/closing apparatus of claim 1.
Ledbetter et al. discloses the opening/closing apparatus (which is a pressure relief valve which is opened base on a predetermined discharge pressure) of claim 1.
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 vehicle of Jung et al. to use the pressure relief valve as disclosed by Ledbetter et al. (which has the same operation principle/performance) as an alternative design for the pressure relief valve (12) of Jung et al. to provide the same expected result of releasing high pressure from the system based on the predetermined high pressure.
Jung et al., as modified, disclose a vehicle of claim 19.
With regards to claim 20:
Jung et al., as modified, discloses ([0009]- [0011]) a fuel cell electric vehicle comprising the opening/closing apparatus of claim 1.
Claim(s) 7 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ledbetter et al., applied to claims 3 and 6 above, and further in view of Joung (US 2014/0097365).
With regards to claim 7:
Ledbetter et al. discloses the opening/closing apparatus of claim 6 (see rejected claim 6 above).
Ledbetter et al. does not disclose:
a first screw thread portion provided on an outer peripheral surface of one end of the shaft part; and
a second screw thread portion provided on the accommodation portion and configured to engage with the first screw thread portion.
Joung discloses (refer to Fig. 4 below) a valve actuating shaft (15) coupled to a disc plate (16) which has a first screw thread portion (17) provided on an outer peripheral surface of one end of the shaft part (15); and a second screw thread portion (17) provided on the accommodation portion of the disc plate (16) and configured to engage with the first screw thread portion (17).
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Fig. 4
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 opening/closing apparatus of Ledbetter et al. to have the connection design between the shaft and the cap member as disclosed by Joung as an alternative design for coupling thereof.
Ledbetter et al., as modified, discloses the opening/closing apparatus of claim 7.
With regards to claim 12:
Ledbetter et al. discloses the opening/closing apparatus of claim 3 (see rejected claim 3 above).
Ledbetter et al. does not disclose a sealing member configured to seal a gap between the passing hole and the shaft part.
Joung discloses (refer to Fig. 4 above) a sealing member (S) configured to seal a gap between the passing hole and the shaft part (15).
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 opening/closing apparatus of Ledbetter et al. to have a sealing member as disclosed by Joung to provide the sealing therebetween which is critical in fluid environment.
Allowable Subject Matter
Claims 9 and 13 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 17-18 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Minh Le, whose telephone number is 571-270-3805. The examiner can normally be reached on Monday-Friday (8:30AM-5:00PM 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 or 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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/MINH Q LE/ Primary Examiner, Art Unit 3753