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 were received on 6 April 2026. These drawings are approved.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "22" and "32" have both been used to designate the same element in Figure 1.
Reference characters "28" and "28A" have both been used to designate the same element in Figure 2.
Reference characters "140" and "142" have both been used to designate the same element in Figure 4.
Reference characters "162" and "210" have both been used to designate the same element in Figure 4.
Reference characters "1760" and "1860" have both been used to designate the same element in Figures 25 and 27.
Reference characters "1756" and "1860" have both been used to designate the same element in Figures 23 and 27.
Reference characters "1760","1860", and "1756" have all been used to designate the same element in Figure 32.
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. 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.
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 1-17, 32, and 48-61 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.
Claims 1, 4, and 10 are indefinite due to the fact that it is unclear what is actually being claimed by the phrase “configured to be mounted”, due to the fact that this phrase is generally narrative (see section 6 below) and fails to set forth any actual physical structure of the invention.
Claims 7, 32, and 51 are indefinite due to the fact that it is unclear what is actually being claimed by the phrases “configured to shift” and “configured to be shifted”, due to the fact that this phrase is generally narrative (see section 6 below) and fail to set forth any actual physical structure of the invention.
The claims are generally narrative and indefinite, failing to conform with current U.S. practice. They appear to be a literal translation into English from a foreign document and are replete with grammatical and idiomatic errors.
The term “tightly” in claims 5, 8, 28, and 35 is a relative term which renders the claims indefinite. The term “tightly” is not defined by the claims, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. No quantitative or qualitative limitations have been set forth in the claims to clearly define this term.
The term “firmly” in claims 17 and 57 is a relative term which renders the claims indefinite. The term “firmly” is not defined by the claims, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. No quantitative or qualitative limitations have been set forth in the claims to clearly define this term.
Allowable Subject Matter
Claims 18-31 and 33-35 are allowed.
Claims 1-17, 32, and 48-61 would be allowable if rewritten or amended 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.
Response to Arguments
Applicant's arguments filed 6 April 2026 have been fully considered but they are not persuasive. The Applicant argues that reference characters “22” and “32” don’t designate the same element in Figure 1, and notes the description of each reference character in the specification. However, the leader lines of these reference characters both end at the same element in the drawings. Since reference character “22” denotes an overall element of the invention, it should include an arrowhead at the end of its leader line.
The Applicant argues that reference characters “28” and “28a” don’t designate the same element in Figure 2, and notes the description of each reference character in the specification. However, the leader lines of these reference characters both end at the same element in the drawings. Since reference character “28” denotes an overall element of the invention, it should include an arrowhead at the end of its leader line.
The Applicant argues that reference characters “140” and “142” don’t designate the same element in Figure 4, and notes the description of each reference character in the specification. However, the leader lines of these reference characters both end at the same element in the drawings. Since reference character “140” denotes an overall element of the invention, it should include an arrowhead at the end of its leader line.
The Applicant argues that reference characters “162” and “210” don’t designate the same element in Figure 4, and notes the description of each reference character in the specification. However, the leader lines of these reference characters both end at the same element in the drawings. Since reference character “162” denotes an overall element of the invention, it should include an arrowhead at the end of its leader line.
The Applicant argues that reference characters “1760” and “1860” don’t designate the same element in Figures 25 and 27, and notes the description of each reference character in the specification. However, the leader lines of these reference characters both end at the same element in the drawings. Since reference character “1756” denotes an overall element of the invention, it should include an arrowhead at the end of its leader line.
The Applicant argues that reference characters “1756” and “1860” don’t designate the same element in Figures 23 and 27, and notes the description of each reference character in the specification. However, the leader lines of these reference characters both end at the same element in the drawings. Since reference character “1756” denotes an overall element of the invention, it should include an arrowhead at the end of its leader line.
The Applicant argues that reference characters “1760”, “1860”, and “1756” don’t designate the same element in Figure 32, and notes the description of each reference character in the specification. However, the leader lines of these reference characters both end at the same element in the drawings. Since reference character “1756” denotes an overall element of the invention, it should include an arrowhead at the end of its leader line. Furthermore, the leader line of reference character “1760” should be extended to not be in the same area as that of reference character “1860” to clearly show that they represent different section of the diaphragm member.
The Applicant further argues that the indefiniteness issues under 35 USC 112(b) have been addressed by the amendment. However, as set forth above, this is not completely the case.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON R BELLINGER whose telephone number is (571)272-6680. The examiner can normally be reached M-F 9-4.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Samuel (Joe) Morano can be reached at (571)272-6684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JASON R BELLINGER/ Primary Examiner, Art Unit 3615
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