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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/31/2025 has been entered.
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 “pilot hole of the bolt” and the “lower end position of the large diameter portion” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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.
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 1-7 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 recites the new limitations: “taking the one end portion side in the axial direction of the support hole or plunger as the upper side and the other end portion side as the lower side, a lower end position of the recess portion is located, in the lower side of a screwing position of the bolt in the plunger barrel, in the upper side of a lower end position of a pilot hole of the bolt in the axial direction of the bolt, and in the upper side of a lower end position of the large diameter portion in the axial direction of the plunger barrel.”
Firstly, it is not known how a lower end position of the recess portion is located, in the lower side of a screwing position of the bolt in the plunger barrel? There are a plurality of bolts (91) shown in the figures and described in the description and so sufficient written description has not been provided as to how the recess can be in any one or more of the screwing positions of these bolts. At best, the recess portion (101) is located adjacent to a screwing position which is described in paragraph [0040] of the PG Pub of the instant application as follows: “as a screwing position at which the male thread portion 91a of the bolt 91 is screwed to the female thread portion 32d of the plunger barrel 32 to the other end portion side of the plunger 41 in the axial direction.” Hence, it can be clearly seen from Figures 4-5 for instance, that the recess portion (101) is located adjacent to a screwing position of one or more bolts (91) and NOT IN the lower side of a screwing position as claimed.
Secondly, it is not known how a lower end position of the recess portion is located, in the upper side of a lower end position of a pilot hole of the bolt in the axial direction of the bolt. There is no mention of a pilot hole of any bolt in the specification. Additionally, if there is some pilot hole assumed to be present, it would be associated with one of the bolts (91) shown in Figures 4-5. However, the recess portion (101) is located adjacent to any potential pilot hole of any bolt and NOT IN the upper side of a lower end position of a pilot hole of the bolt as claimed as clearly seen in Figures 4-5.
Due to these reasons, the limitations discussed above appear to introduce new matter for which the applicant has not provided sufficient written description.
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 1-7 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 recites the new limitations: “taking the one end portion side in the axial direction of the support hole or plunger as the upper side and the other end portion side as the lower side, a lower end position of the recess portion is located, in the lower side of a screwing position of the bolt in the plunger barrel, in the upper side of a lower end position of a pilot hole of the bolt in the axial direction of the bolt, and in the upper side of a lower end position of the large diameter portion in the axial direction of the plunger barrel.”
Firstly, there is insufficient antecedent basis for all the underlined limitations presented above.
Secondly the drawings and description disclose a plurality of bolts (91) however, the aforementioned limitations keep referring to a singular bolt and so it is unclear which specific bolt is being referred to herein.
Thirdly, it is unclear how a lower end position of the recess portion is located, in the lower side of a screwing position of the bolt in the plunger barrel? There are a plurality of bolts (91) shown in the figures and described in the description and so it is unclear how the recess can be in any one or more of the screwing positions of these bolts. At best, the recess portion (101) is located adjacent to a screwing position which is described in paragraph [0040] of the PG Pub of the instant application as follows: “as a screwing position at which the male thread portion 91a of the bolt 91 is screwed to the female thread portion 32d of the plunger barrel 32 to the other end portion side of the plunger 41 in the axial direction.” Hence, it can be clearly seen from Figures 4-5 for instance, that the recess portion (101) is located adjacent to a screwing position of one or more bolts (91) and NOT IN the lower side of a screwing position as claimed.
Finally, it is unclear how a lower end position of the recess portion is located, in the upper side of a lower end position of a pilot hole of the bolt in the axial direction of the bolt. There is no mention of a pilot hole of any bolt in the specification. Additionally, if there is some pilot hole assumed to be present, it would be associated with one of the bolts (91) shown in Figures 4-5. However, the recess portion (101) is located adjacent to any potential pilot hole of any bolt and NOT IN the upper side of a lower end position of a pilot hole of the bolt as claimed as clearly seen in Figures 4-5. Furthermore, it is unclear if the pilot hole is located in the bolt or if the pilot hole is designed to accommodate (for) the bolt.
The limitations mention a position of a recess portion with respect to many elements that do not seem to be possible in reality. For instance, it is unclear how a singular recess portion can be present in the support hole and also simultaneously in a screwing position of a bolt and further in a pilot hole of the bolt. The support hole (38) is designed to support the plunger (41) and does not include any screwing position and/or pilot hole of a bolt which both seem to be formed adjacent to the support hole. Hence, these limitations cannot be logically interpreted and do not permit proper examination without further amendments or clarifications.
Claim 2 recites the limitation “a plurality of bolts” in line 2. It is unclear how or if these plurality of bolts relates to “the bolt” mentioned in parent claim 1.
Claim 3 recites the limitation “the bolts” in line 2. It is unclear how these bolts relate to the single bolt mentioned in parent claim 1.
Please note that no prior art rejections are being provided for these claims since the proper scope of these claims cannot be fully ascertained at this time. Also for now, a lack of prior art rejections for these claims should not be construed as an indication of allowable subject matter. Any attempt to overcome this rejection would most likely result in a change of scope of these claims, which would in turn require further search and/or consideration.
Response to Arguments
Applicant' s arguments with respect to the pending claims have been considered but are moot because the arguments do not apply to any of the new grounds of rejection presented in the current office action.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOMINICK L PLAKKOOTTAM whose telephone number is (571)270-7571. The examiner can normally be reached Monday - Friday 12 pm -8 pm ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Essama Omgba can be reached at 469-295-9278. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DOMINICK L PLAKKOOTTAM/Primary Examiner, Art Unit 3746