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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 11,12 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.
Regarding claim 8 the limitation of “…each have a corresponding embodiment….” is not understood. What does this mean?
Regarding claims 10- 12, as phrased the limitations of “… wherein the common form-fit
arrangement is created by an axial and/or by a radial relative movement of the form-fit arrangement components, such as the piston rod guide and connection piece and/or check valve, in respect of one another…” is convolute and not understood. What does this mean?
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1,3-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over the Prior Art of figure 1 (applicant’s drawings) in view of Hennells 3,379,430 and Hennells 3,034,527 .
Regarding claim 1 the Prior Art of figure 1 in applicant’s drawings shows most of the claimed features as readily apparent from that drawing.
Lacking in figure 1 is a specific showing of the check valve housing 9 connected to the piston rod guide 4 in a form fitting manner.
The reference to Hennells ‘430 shows a valve assembly at 14 with a spring loaded ball valve within a threaded sleeve (i.e. check valve housing--not labeled).
Hennells ‘527 (same inventor) provides a better showing of a similar spring loaded valve assembly at 46-50 within a ‘check valve housing’ 22,54.
One having ordinary skill in the art before the effective filing date of the invention would have found it obvious to have provided a check valve housing for the ball valve assembly in the Prior Art of applicant’s Figure 1, as taught by the combined teachings of both references to Hennells, simply to protect the valve assembly or such that the valve could be installed as a single unit made for easier installation.
Regarding claim 3 the prior art of figure 1 shows a connection piece at 10.
Regarding claim 4, as broadly claimed, and as modified above by the references to Hennells the Prior art of figure 1 is capable of meeting the claimed limitations.
Regarding claims 5- 7,9 as broadly claimed, and as readily apparent from the figures these limitations are met.
Regarding claims 8 and 10-12, as broadly claimed and subject to the 112 rejections above (and as best understood) the Prior art of Figure 1, as modified, meets the claimed limitations.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over the Prior Art of Figure 1/Hennells ‘430/Hennells ‘527 as applied to claim 1 above, and further in view of U.S. Publication to Wilk et al. 2021/0108698.
Regarding claim 2 the Prior Art of figure 1, as modified, lacks specifically stating that the rod guide can be made according to a sintering process.
The reference to Wilk teaches such a rod guide made by a sintering process. See at least the abstract.
Accordingly it would have been obvious to have made the rod guide 4 of the prior art of figure 1 using a sintering process since it is well known that sintering metal parts can offer benefits like creating complex shapes with high precision, excellent dimensional accuracy, and material efficiency, leading to significant cost savings, especially for high-volume production.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER P SCHWARTZ whose telephone number is (571)272-7123. The examiner can normally be reached 10:00 A.M.-7:00P.M..
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/CHRISTOPHER P SCHWARTZ/ Primary Examiner, Art Unit 3616