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 Objections
Claim 14 objected to under 37 CFR 1.75(c) as being in improper form because a multiple dependent claim should refer to other claims in the alternative only. See MPEP § 608.01(n). Accordingly, the claim 14 has not been further treated on the merits.
The claims are objected to because of the following informalities:
Claim 10, line 10 recites “the pressure”. This should read “a pressure”.
Claim 12, line 3, “apply” should read “applies”.
Claim 17, line 5, “the outside” should read “an outside”.
Claim 21, line 7, “than a” should read “than the”.
Claim 22, line 4, “the fluid flow” should read “a fluid flow”.
Appropriate correction is required.
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 11, 13-17, 21, 23 and 24 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 11 recites “the first channel wall”. There is a lack of antecedent basis for this claimed limitation.
Claim 13 recites “a fluid” in line 5. It is unclear if this is an additional fluid are the same as the “first fluid” previously recited. For purposes of examination it has been interpreted as the first fluid.
Claims 14-17 are rejected due to their dependency on claim 13.
Claim 16 recites “the first channel wall” and “the rim”. There is a lack of antecedent basis for these claimed limitations.
Claim 17 is rejected due to its dependency on claim 13.
Claim 21 recites “an elastic member that is sleeved on the on/off member and abuts between the elastic member and a stop flange”. It is unclear how the elastic member abuts between itself and a stop flange and what is the elastic member abutting? The examiner reserves the right to apply art once the claim is clarified.
Claim 23 recites “the fluid channel” in line 4. It is unclear which fluid channel the applicant is referring to (first or second).
Claim 24 is rejected due to its dependency on claim 23.
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) 10-13, 16 and 23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bromster (US 2004/0144385 A1)
Regarding claim 10, Bromster discloses:
A fluid on/off apparatus (figures 2, 3), comprising:
a fluid on/off housing (130 figures 3a, 3b), in which a first fluid channel (162) and a second fluid channel (156, 136) that are isolated from each other are provided (see figure 3b [0040]; when the conical sealing member 166 is in the closed position, gases are unable to flow between 136 and 162);
a fluid on/off component, comprising a fluid on/off body (164) and an on/off member (166), wherein the fluid on/off body (164) is movably arranged in the first fluid channel (162, see figures 3a 3b), the on/off member (166) is connected to the fluid on/off body (as shown in figures 3a 3b) and the on/off member (166) extends into the second fluid channel (166 extends into 156 to seal it as described in [0040] and shown in figure 3b) from the first fluid channel (162) and is movable (see figures 3a, 3b);
wherein the on/off member (166) blocks the second fluid channel when the pressure applied by a first fluid in the first fluid channel (162) on the fluid on/off body (164) is smaller than a pressure required for the fluid on/off body to move (smaller than the pressure exerted by spring 172 and in channel 160) [0042]-[0043]; and
wherein the fluid on/off body (164) moves and drives the on/off member (166) to move to unblock the second fluid channel when the pressure applied by the first fluid in the first fluid channel on the fluid on/off body is greater than the pressure required for the fluid on/off body to move (figure 3a, the pressure in 162 is higher than the pressure in 160 and the pressure exerted by spring 172; [0045]).
Regarding claim 11, Bromster discloses wherein the fluid on/off body (164) serves as a part of the first channel wall (see figures 3a, 3b where 164 is a boundary of 162) of the first fluid channel (162)
Regarding claim 12, Bromster discloses wherein the fluid on/off apparatus comprises an elastic member (172), which apply an elastic pre-pressure on the on/off member (166) so that the on/off member (166) blocks the second fluid channel (blocks flow through 156 [0040]), when the pressure in the first fluid channel (162) applied on the fluid on/off body (164) is smaller than the pressure required for the fluid on/off body (164) to move (smaller than the pressure exerted by spring 172 and in channel 160) [0042]-[0043].
Regarding claim 13, Bromster discloses wherein the fluid on/off body [[(4)]] comprises a sliding plate (thick portion of 164) and a flexible connecting member (not labeled but the thin portion surrounding thick portion of 164 and connecting it to the sidewalls as shown in figure 3a and 3b which also clearly show it being flexible), wherein the flexible connecting member is connected to the sliding plate (see figures 3a 3b), and is configured to connect to a first channel wall of the first fluid channel (162; shown in figures 3a, 3b), the sliding plate is configured to move, driven by the pressure of a fluid in the first fluid channel [0040], to drive the flexible connecting member to deform flexibly and to drive the on/off member to move to unblock the second fluid channel the elastic member [0040] (figures 3a-3b).
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Regarding claim 16, Bromster discloses wherein the first channel wall has an opening (wherein 164 is mounted), the rim of which is configured to connect the flexible connecting member (as set forth for claim 13 above), so that the fluid on/off body (164) of the fluid on/off component serves as a part of the first channel wall (see figures 3a, 3b).
Regarding claim 23, Bromster discloses wherein the second fluid channel is provided with a blocking cylinder (166 is conical as per [0040] and thus the wall surrounding 156 must be cylindrical) having a fluid inlet (where 156 meets 166 in a closed position as shown in figure 3b) an internal flow channel in the blocking cylinder serves as a part of fluid channel sections of the fluid channel (156), the on/off member (166) can be pressed on an open end face of the blocking cylinder [0040] to block the fluid inlet (figure 3b) and/or the on/off member (166) can enter the blocking cylinder (figure 3b) to block the fluid inlet [0040], so as to block the second fluid channel (figure 3b) [0040].
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bromster (US 2004/0144385 A1) in view of Glaettli et al (DE 4343205 A1).
Regarding claim 17, Bromster does not explicitly disclose wherein the flexible connecting member comprises a U-shaped wall extending into the first fluid channel the U-shaped wall of the flexible connecting member extends into the first fluid channel, and an opening of the U-shaped wall is oriented to the outside of the first fluid channel.
However, Glaettli teaches it is known for a flexible connecting member (61) to comprise a U-shaped wall (page 6, paragraph 5 beginning with “The first”) extending into a first fluid channel (into 69) the U-shaped wall of the flexible connecting member extends into the first fluid channel (see figure 1), and an opening of the U-shaped wall is oriented to the outside of the first fluid channel (opens up away from 69 in figure 1).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Bromster such that the flexible connecting member comprises a U-shaped wall extending into the first fluid channel the U-shaped wall of the flexible connecting member extends into the first fluid channel, and an opening of the U-shaped wall is oriented to the outside of the first fluid channel as taught by Glaettli for the benefit of allowing the central membrane region to move without the membrane material becoming too stretched (page 6, paragraph 5 beginning with “The first”).
Claim(s) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bromster (US 2004/0144385 A1) in view of Zapol et al. (US 2018/0243527 A1).
Regarding claim 22, Bromster discloses the first fluid channel comprising an exhaust port (168) downstream from the on/off member (166) and the fluid on/off body (164) in the fluid flow direction (see figure 3a), but does not disclose the exhaust port comprises a first fluid discharging check valve.
However, Zapol teaches it is known to use check valves to control flow to atmosphere [0208].
Therefore, it would have been obvious to one having ordinary skill in the art to have modified Bromster to include a check valve at the exhaust as taught by Zapol for the benefit of ensuring ambient gas does not enter through 168.
Claim(s) 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bromster (US 2004/0144385 A1) in view of Bird et al. (US 3,727,627)
Regarding claim 24, Bromster discloses wherein the fluid inlet (at 156 meets 166) comprises a section (wall surrounding 156 which interfaces with 166), and the on/off member (166) comprises a tapered end plug (see figures 3a-3b) with a gradually reduced outer diameter (see figures 3a-3b), which is to be fitted with the section (see figures 3a-3b)
Bromster does not explicitly disclose the section is a tapered section with reduced inner diameter.
However, Bird teaches that it is known to provide a tapered valve seat (76) (col. 5, line 42), with reduced inner diameter (taper of 76 includes reduced inner diameter).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Bromster such that the wall surrounding 156 which interfaces with 166 is tapered as taught by Bird in order to provide a larger surface area for sealing.
Allowable Subject Matter
Claims 15, 18-20, 25, 26, 28 are 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.
The prior art fails to teach or disclose the combination of limitations set forth in the claims 15, 18-20, 25, 26, 28.
Conclusion
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/VICTORIA MURPHY/Primary Patent Examiner, Art Unit 3785