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 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.
Claims 1-6 and 10-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Turner EP 0512597 A1.
Regarding claim 1, Turner discloses a retention plate (tray 24) assembly for an evaporative emissions canister (canister 10), the assembly comprising: a cover for closing an open end of the canister (cover 16), the cover having an inner surface (see figure 1); a retention plate having a first surface facing the cover and an opposite second surface facing away from cover, the first surface of the retention plate being spaced from the inner surface of the cover (see figure 1); a resilient member between the retention plate and the cover and engaged with the first surface of the retention plate and the inner surface of the cover (springs 26); a plurality of pins extending from the inner surface of the cover (pins 40); and a plurality of bosses extending from the first surface of the retention plate (36 and 38), the number of bosses equaling the number of pins such that each said boss complements one of the pins (see figure 2); the pins being aligned with and received in the bosses, wherein travel of the retention plate is guided by the pins and the pins and bosses cooperatively limit tilting of the retention plate (see figure 2).
Regarding claim 2, Turner discloses that the bosses are evenly spaced about the first surface of the retention plate, and the pins are evenly spaced about the inner surface of the cover (see figure 1).
Regarding claim 3, Turner discloses that each of the pins has a cross-shaped cross-section (see figure 4: pin 40).
Regarding claim 4, Turner discloses that each of the pins has a terminal end distal from the inner surface of the cover, the terminal end including a stop (figure 4: top of pin 40 can be considered a stop).
Regarding claim 5, Turner discloses that each boss includes a recess sized to receive one of the pins (see figures), each boss further including at least one inwardly curved, flexible finger (radiating fins 38) that is engageable with the stop, the at least one finger extending into the recess, and the stop limiting an amount of travel of the retention plate away from the cover (see figures).
Regarding claim 6, Turner discloses that each boss is a generally tubular projection including a cylindrical recess (see figure 1: 36 and 38).
Regarding claims 10-15, Turner discloses an evaporative emissions canister comprising: a casing defining an internal volume (figure 1: 12); a retention plate (tray 24) partitioning the internal volume into an adsorbent chamber (figure 1: 18) and a void space (figure 1: area below tray 24); an adsorbent that fills the adsorbent chamber (figure 1: adsorbent 18); a cover closing an opening in the casing, the cover being adjacent the void space and having an inner surface that faces the void space and the retention plate (figure 1: cover 16); the retention plate having a first surface facing the cover and a second surface facing the adsorbent chamber (see figure 1); a resilient member between the retention plate and the cover and engaged with the first surface of the retention plate and the inner surface of the cover (springs 26); a plurality of pins extending from the inner surface of the cover (pins 40); and a plurality of bosses extending from the first surface of the retention plate (36 and 38), the number of bosses equaling the number of pins such that each said boss complements one of the pins; the pins being aligned with and received in the bosses, wherein travel of the retention plate is guided by the pins and the pins and bosses cooperatively limit tilting of the retention plate (see figure 1), and urged engagement of the retention plate with the adsorbent in the adsorbent chamber maintains the packing of the adsorbent in the adsorbent chamber (see figure 1).
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.
Claims 7-9 and 16-18 is rejected under 35 U.S.C. 103 as being unpatentable over Turner EP 0512597 A1.
Turner is relied upon as above.
Regarding claims 7 and 16, Turner does not disclose four of said pins and a complementary four of said bosses. Nevertheless, absent a proper showing of criticality or unexpected results, the number of pins and complementary bosses is considered to be a general condition that would have been routinely optimized by one having ordinary skill in the art in order to provide optimal locking effectiveness (see Turner column 4, lines 2-33). MPEP 2144.05.
Regarding claims 8 and 17, Turner discloses a quadrilateral shape (figure 4). In the case where Turner is modified to have four pins, one having ordinary skill in the art would optimize the locations of the pins, such that they are evenly spaced, as taught by Turner (see figures). Furthermore, it would have been obvious to located them at the four vertices of the quadrilateral shape, since it has been held that rearranging parts of an invention involves only routine skill in the art. MPEP 2144.04 (VI-C).
Regarding claims 9 and 18, Turner does not disclose at least one metal bead on the first surface of the retention plate for detecting the position of the retention plate within the housing. Nevertheless, some type of visual indicator to help position or align a device is generally well-known in the art and would have been obvious to one having ordinary skill in the art before the filing date of the claimed invention. MPEP 2144.03 (A-E). Furthermore, utilizing a metal bead for this purpose would have been obvious since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Conclusion
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/CHRISTOPHER P JONES/Primary Examiner, Art Unit 1776