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
Claims 1 and 13 are objected to because of the following informalities:
Regarding claim 1, line 6, “to” should be “into”; and
Regarding claim 13, line 4, “to” should be “into”. 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 1-20 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.
Regarding claims 1 and 13, it is unclear as to whether or not the “air compressor” is physically mounted to a vehicle. This is not defined in the disclosure or shown in the drawings.
Claim Rejections - 35 USC § 102
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 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) 1, 8, 12, 13 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Eckhardt et al. (10029429).
Regarding claims 1 and 13, the Eckhardt et al. reference discloses a vehicle-mounted air compressor (i.e., the kit is provided in the motor vehicle; see col. 3, lines 11-15; further vehicle mounted can be construed as the device being connected to a vehicle tire), comprising: an air compressor main body (1); and a bottle cap assembly, comprising: a bottle cap component (13), installed on the air compressor main body and has an air inlet end (15) and an air outlet end (16) connected to each other, wherein the bottle cap component is inserted to the air compressor main body through the air inlet end along an inserting direction (see col. 5, lines 58-63), and an air flow from the air compressor main body is adapted to pass through the air inlet end and the air outlet end in sequence; and at least one fastening component (19), fastening the bottle cap component to the air compressor main body along a fastening direction, wherein the fastening direction is the same as the inserting direction (see Figure 1 without bottle cap component and Figure 2 with bottle cap component).
Regarding claims 8 and 20, wherein an air inlet direction of the air inlet end (15) and an air outlet direction of the air outlet end (16) are parallel to each other.
Regarding claim 12, the Eckhardt et al. reference further discloses wherein the air compressor main body has an air outlet pipe (12), the air outlet pipe is connected to the air inlet end of the bottle cap component (13), a top surface of the air compressor main body has an opening (11), and an interconnection between the air outlet pipe and the air inlet end (15) of the bottle cap component is corresponding to the opening (see connection in Figure 2).
Claim(s) 1, 2, 6, 7, 13, 14, 18 and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Senno et al. (8596310).
Regarding claims 1 and 13, the Senno et al. reference discloses a vehicle-mounted air compressor (i.e., the kit is provided in the motor vehicle; see col. 7, lines 55-60; further vehicle mounted can be construed as the device being connected to a vehicle tire), comprising: an air compressor main body (12, 16); and a bottle cap assembly, comprising: a bottle cap component (60), installed on the air compressor main body and has an air inlet end (90) and an air outlet end (52) connected to each other, wherein the bottle cap component is inserted to the air compressor main body through the air inlet end along an inserting direction (see Fig. 2 and downward direction arrow), and an air flow from the air compressor main body is adapted to pass through the air inlet end and the air outlet end in sequence; and at least one fastening component (36, 122, 128), fastening the bottle cap component to the air compressor main body along a fastening direction, wherein the fastening direction is the same as the inserting direction (see Figure 2).
Regarding claims 2 and 14, wherein the bottle cap component has at least one assembling hole (122), and the at least one fastening component (128) passes through the at least one assembling hole and is locked to the air compressor main body. See Figure 6.
Regarding claims 6 and 18, wherein the bottle cap component is adapted to be coupled with a bottle mouth (18A) of a tire sealant containing bottle (18), the bottle cap component has at least one cutting rib (64), and the at least one cutting rib is adapted to cut a sealing film (26) on the bottle mouth of the tire sealant containing bottle.
Regarding claims 7 and 19, wherein an air inlet (90; Fig. 5) direction of the air inlet end and an air outlet direction of the air outlet end (52; Fig. 2) are perpendicular to each other.
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.
Claim(s) 2 - 5, 9 – 11 and 14 - 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eckhardt et al. in view of Senno et al.
Regarding claims 2, 3, 14 and 15, the Eckhardt et al. reference discloses the invention (discussed supra) but doesn’t disclose at least one assembling hole and the at least one fastening component passes through the at least one assembling hole and is locked to the air compressor main body. The Senno et al. reference discloses another air compressor for delivering sealant having a screw (128) and hole (122) for attaching the bottle cap component. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date to substitute screws and threaded holes as, for example, taught by the Senno et al. reference since screws are well known in the art, conventional and would be obvious to try in place of the Eckhardt fasteners without unexpected results.
Further, absent criticality, substituting screws for the latch hooks of the Eckhardt et al. device would be a mere matter of design choice, since either type of fastener locks the bottle cap component into the compressor housing and either fastener would work well on the Eckhardt et al. device.
Regarding claims 4 and 16, the Eckhardt et al. reference further discloses wherein the bottle cap component is adapted to be coupled with a tire sealant containing bottle along a coupling direction (the bottle is vertically coupled), and the arrangement direction is perpendicular to the coupling direction (the bottle cap component is slid into cut out 7, which is perpendicular to the coupling direction).
Regarding claim 9, the Eckhardt et al. reference further discloses wherein the air compressor main body has an accommodating concave portion (7) and at least one locking hole, the bottle cap component (13) is accommodated in the accommodating concave portion (7), the at least one locking hole (defined above) is located in the accommodating concave portion (inherent), and the at least one fastening component is locked to the at least one locking hole (inherent).
Regarding claims 5 and 17, wherein the bottle cap component of the Eckhardt et al. device having at least one ear portion, and the at least one assembling hole is located on the at least one ear portion would be a mere matter of design choice, absent criticality.
Regarding claim 10, wherein placing the at least one locking hole on the at least one inner wall of the Eckhardt et al. device would be a mere matter of design choice, absent criticality.
Regarding claim 11, the Eckhardt et al. reference further discloses wherein the accommodating concave portion (7) has an opening end (defined at 10 in Figure 1), and a locking tool is adapted to reach the at least one locking hole through the opening end and locks the at least one fastening component to the at least one locking hole (this would be inherent to modified Eckhardt et al.).
Regarding claim 18, the Senno et al. reference further teaches at least one cutting rib (64), and the at least one cutting rib is adapted to cut a sealing film (26) on the bottle mouth of the tire sealant containing bottle. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date to modify the Eckhardt et al. device to have a cutting rib (if not already) to cut a sealing film on the sealant bottle being used.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The Eckhardt et al. (9873232) reference discloses an air and sealant dispenser (10) having a sealant container (14) and extraction unit (18).
The Iwasaki et al. (JP 2007062093) reference discloses an air and sealant dispenser having a blade (70A) to pierce the sealing member (31) of the sealant container (18).
The Nakao et al. (9010383) reference discloses an air and sealant dispenser having holes (63) and fasteners (62) as seen in Figures 10 and 11.
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/TIMOTHY L MAUST/ Primary Examiner, Art Unit 3753