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 § 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 and 14 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 1 recites the limitation "the aseptic working chamber" in line 19. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the non-aseptic control chamber" in line 20. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 14, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). For purposes of examination, the limitations following “preferably” will not be considered as required by the claim.
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.
Claim(s) 1-3, 7, 9, and 11-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Voth (U.S. Patent Application Publication 2013/0280127), in view of Handschuh et al. (U.S. Patent Application Publication 2015/0076746). Regarding Claims 1 and 12, Voth shows an apparatus and method for forming plastic preforms into plastic containers including a transport device with a plurality of stations having valve arrangements (0026-0027), including one wherein the valve device has a working chamber configured for receiving gaseous medium, used to act upon the plastic preforms, and a valve piston configured to be movable between at least two positions, and the valve device further has a control chamber configured to be applied with a gaseous control medium for moving the valve piston (Figure 2, element 6, 35, 43; 0031-0033). Voth does not show a transition region is arranged between the working chamber and the control chamber, wherein the transition region separates the working chamber and the control chamber. Handschuh et al., hereafter “Handschuh,” show that it is known to have a blow molding machine comprising a transition region is arranged between the working chamber and the control chamber, wherein the transition region separates the working chamber and the control chamber (Figures 3-5, element 152b). It would have been obvious to one of ordinary skill in the art to use Handschuh’s transition region in Voth’s apparatus in order to provide the desired space between the working chamber and the control chamber. Claims 2, 9, 11, and 15-18 contain process limitations that do not further limit the structure of claim 1.
Regarding Claim 3, Voth shows the apparatus of claim 1 above, including one wherein the control chamber is sealed off from the transition section by at least one first sealing device (element 45, 46).
Regarding Claim 7, Voth shows the apparatus of claim 1 above, including one wherein the valve device is designed without a bellows (Figure 2).
Regarding Claim 10, Voth shows the apparatus of claim 1 above, but he does not show a second compressed air reservoir. However, it would have been obvious to one of ordinary skill in the art to include a second air compressor because duplication of parts is held to be an obvious design change that has no patentable significance unless a new or unexpected result is produced (MPEP 2144.04 (VI)(B)).
Regarding Claim 13, Voth shows that it is known to carry out a method for operating a forming device for forming plastic preforms into plastic containers (Abstract), including comprising providing a pneumatically controlled valve device, wherein the valve device has a working chamber for receiving the gaseous medium, used to act upon the plastic preforms, and a valve piston that can be moved between at least two positions, and the valve device further has a control chamber that can be applied with a gaseous control medium for moving the valve piston, and wherein a transition region is arranged between the working chamber and the control chamber; and controlling operation of the forming device using said valve device (0009).
Regarding Claim 14, Voth shows that it is known to have the apparatus of claim 1 above, but he does not show three air reservoirs. It would have been obvious to one of ordinary skill in the art to include any appropriate amount of air reservoirs, such as that which is claimed, because duplication of parts has no patentable significance unless a new and unexpected result is produced (MPEP 2144.04 (VI)(B)).
Allowable Subject Matter
Claims 4-6 and 8 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.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MONICA HUSON whose telephone number is (571)272-1198. The examiner can normally be reached M-F 8a-4p.
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MONICA ANNE HUSON
Primary Examiner
Art Unit 1742
/MONICA A HUSON/Primary Examiner, Art Unit 1742