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 .
Amendment Entered
In response to the amendment filed on December 22nd, 2025, amended claims 1, 5, and 7 are entered.
Response to Arguments
Applicant's remarks and amendments with respect to the claim objections have been fully considered. The objections are withdrawn in view of the amendment.
Applicant's remarks and amendments with respect to the rejections under 35 U.S.C. 112(b) have been fully considered. The rejections are withdrawn in view of the amendment.
Applicant's remarks and amendments with respect to the rejections under 35 U.S.C. 102 have been fully considered but are not persuasive. The rejections are maintained, and further clarified in view of the amendment.
At Pgs. 5-6 of the Reply, Applicant argues that “Fukami never discloses or suggests ‘the first space and the second space are independent each other in both of the opened state of the first exhaust valve and the closed state of the first exhaust valve’ as recited in amended claim 1”. Examiner respectfully disagrees. Fukami teaches wherein the first space and the second space are independent of each other in both of the opened state of the first exhaust valve and the closed state of the first exhaust valve (Examiner’s Note: The opening and closing of the exhaust valve (discharge port valve body 121 of Fukami) does not affect the independence of the first and second spaces, as they remain two separate spaces that serve two different purposes. Regardless, Examiner notes that Figure 3 of Fukami shows a closed state of the first exhaust valve, and Figure 4 of Fukami shows an open state of the first exhaust valve. The space 9 b and space 9 a remain independent of each other in both the opened state of the first exhaust valve and the closed state of the first exhaust valve, as shown in Figures 3-4).
Applicant cites [0039] of the Applicant’s Specification in order to argue that the first space and the second space of the claimed invention are independent, and Applicant further cites [0041] of Fukami in order to argue that “the output-side space 9a and the input-side space 9b are sometimes connected to each other”. The Examiner would like to clarify that the Examiner is not specifically arguing that the space 9 a and the space 9 b are never connected to each other. Rather, the Examiner is arguing that the first space (space 9 b of Fukami) and the second space (space 9 a of Fukami) are independent of each other regardless of the state of the exhaust valve (discharge port valve body 121 of Fukami). Examiner notes that it is the opening and closing of the check valve body 122 and check valve seat 107 of Fukami that sometimes connects the first space (space 9 b of Fukami) and the second space (space 9 a of Fukami), not the opening and closing of the exhaust valve (discharge port valve body 121 of Fukami).
Furthermore, it seems as though the Applicant is arguing more than what is actually being claimed. The current claim limitations recite “the first space and the second space are independent of each other”. Examiner notes that the Applicant has not specifically defined the term “independent” in the Specification; and thus, the limitation “independent of each other” does not preclude the first space and the second space from having any connection to each other at all. This type of interpretation would fail to even support the claimed invention itself. For example, the instant application has the first space 52 connected to the second space 72 by the first exhaust valve 60, which forms a connection between the two spaces (“The first exhaust valve 60 is provided, for example, between the first space 52 and the second space 72. The first exhaust valve 60 is, for example, a check valve, and regulates the flow of air from the other space to the first space 52 and the flow of air from the second space 72 to the other space. For example, as illustrated in FIG. 3, the first exhaust valve 60 includes a first surface 61 facing the first space 52 and a second surface 62 facing the second space 72”; Applicant’s Specification [0031]). Furthermore, the instant application has the first space 52 connected to the second space 72 via the first pressurizing unit 30, as both of them are pressurized by the first pressurizing unit 30, forming another connection between the two spaces (“when the first pressurizing unit 30 pressurizes both the first space 52 and the second space 72 as illustrated in FIG. 4, the increase of the air pressure in the second space 72 is faster than the increase of the air pressure in the first space 52”; Applicant’s Specification [0035]). As evidenced by [0031] and [0035] of the Applicant’s Specification, even the Applicant’s invention itself has the first space and second space connected to each other. Therefore, the Applicant’s arguments regarding Fukami not teaching the amended limitations due to Fukami’s spaces being “sometimes connected to each other” are not persuasive.
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 1-12 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 “a state of the first exhaust valve changes between being opened and closed in accordance with a pressure difference between the first space and the second space” in lines 6-7, and further recites “the first space and the second space are independent of each other in both of the opened state of the first exhaust valve and the closed state of the first exhaust valve” in lines 9-10. It is unclear as to how both the limitations of “a state of the first exhaust valve changes between being opened and closed in accordance with a pressure difference between the first space and the second space” and “the first space and the second space are independent of each other in both of the opened state of the first exhaust valve and the closed state of the first exhaust valve” can be true, as they seem to contradict one another. If the state of the exhaust valve changes according to the pressure differences between the first and second spaces, it is unclear as to how the first and second spaces can also remain “independent of each other” in both states of the exhaust valve, since these elements seem to be interdependent on each other. Further clarification is requested. For examination purposes, Examiner will interpret the limitation “the first space and the second space are independent of each other” to mean that the first space and the second space are separate, as best understood.
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.
Claims 1-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fukami (U.S. Publication No. 2016/0047375; cited by Applicant; previously cited).
Regarding Claim 1, Fukami discloses a measuring device (diaphragm pump; Abstract) comprising:
a first space for pressurizing a pressurization target (space 9 b);
a second space (space 9 a); and
a first exhaust valve (“discharge port valve body 121 which closes the discharge passage 111 a formed in the discharge cylinder 111 of the upper housing 11”; [0038]) configured to close or open a communication port (discharge passage 111 a) communicating the first space with another space (Examiner’s Note: Figure 4 shows wherein the space 9 b is communicating with the discharge passage 111 a leading to the outside), wherein
a state of the first exhaust valve changes between being opened and closed in accordance with a pressure difference between the first space and the second space (“As a consequence, the pressure of the input-side space 9 a becomes higher than that of the output-side space 9 b, so the discharge port valve main body 121 a of the discharge port valve body 121 is pushed against the discharge port valve seat 111 b of the upper housing 11. Accordingly, the discharge passage 111 a of the discharge cylinder 111 is closed”; [0049]; “When the supply of air to the input-side space 9 a of the vessel 9 is stopped by stopping the motor 3 after that, as shown in FIG. 3, air in the input-side space 9 a is released outside from the connecting path 300 through the suction space 103 and inflow passage 104…the pressure of the output-side space 9 b of the vessel 9 becomes higher than that of the input-side space 9 a. As a result, the discharge port valve main body 121 a of the discharge port valve body 121 is pushed downward”; [0058-0059]; “As shown in FIG. 4, therefore, the output-side space 9 b is connected to the outside by the discharge passage 111 a, and air having flowed backward from the pressurization target to the output-side space 9 b of the vessel 9 is discharged outside within a short time through the discharge passage 111 a”; [0059]; Figures 2-4; Examiner’s Note: In Figure 2, the pressure in space 9 a is higher than the pressure in space 9 b while the communication port is in a closed state. In Figure 3, the flow of air supply to 9 a is stopped, and thus, the pressure of space 9 b becomes higher than that of space 9 a. As a result, the discharge port valve main body 121 a of the discharge port valve body 121 will be pushed downward. Figure 3 serves to show how the communication port goes from closed to open, as it still shows the communication port as closed, but indicates that the downwards force will eventually open it. In Figure 4, the communication port is in an open state, wherein the pressure of space 9 b is higher than the pressure in space 9 a), and
the first space and the second space are independent of each other (Examiner’s Note: As best understood, space 9 b and space 9 a are “independent of each other” as long as they are separate. Regardless of the state of the first exhaust valve, space 9 b and space 9 a are two separate spaces that serve two different purposes) in both of the opened state of the first exhaust valve and the closed state of the first exhaust valve (Examiner’s Note: The opening and closing of the exhaust valve (discharge port valve body 121 of Fukami) does not affect the independence of the first and second spaces, as they remain two separate spaces that serve two different purposes. For further visual clarity purposes, Examiner has provided Annotated Versions of Figures 3 and 4 of Fukami below. Figure 3 shows a closed state of the first exhaust valve, and Figure 4 shows an open state of the first exhaust valve. The spaces 9 b and 9 a remain independent of each other in both the opened state and the closed state. The Annotated Versions of Figure 3 show wherein the first space (space 9 b is highlighted on the right) and second space (space 9 a is highlighted on the left) are independent of each other (highlighted areas are shown separately, indicated by the arrows, side by side) in the closed state. The Annotated Versions of Figure 4 show wherein the first space (space 9 b is highlighted on the right) and second space (space 9 a is highlighted on the left) are independent of each other (highlighted areas are shown separately, indicated by the arrows, side by side) in the open state).
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Annotated Versions of Figure 3 (Fukami)
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Annotated Versions of Figure 4 (Fukami)
Regarding Claim 2, Fukami discloses wherein when a pressure in the first space (space 9 b) is lower than a pressure in the second space (space 9 a), the first exhaust valve is closed and the first space pressurizes the pressurization target (“As a consequence, the pressure of the input-side space 9 a becomes higher than that of the output-side space 9 b, so the discharge port valve main body 121 a of the discharge port valve body 121 is pushed against the discharge port valve seat 111 b of the upper housing 11. Accordingly, the discharge passage 111 a of the discharge cylinder 111 is closed”; [0049]; Examiner’s Note: In Figure 2, the pressure in space 9 a is higher than the pressure in space 9 b and the communication port is in a closed state), and when the pressure in the first space is equal to or higher than the pressure in the second space, the first exhaust valve is opened to reduce the pressure in the first space (“As shown in FIG. 4, therefore, the output-side space 9 b is connected to the outside by the discharge passage 111 a, and air having flowed backward from the pressurization target to the output-side space 9 b of the vessel 9 is discharged outside within a short time through the discharge passage 111 a”; [0059]; See Figures 2-4; Examiner’s Note: In Figure 4, the pressure in space 9 a is lower than the pressure in space 9 b and the communication port is in an open state).
Regarding Claim 3, Fukami discloses wherein a volume of the first space is larger than a volume of the second space (Examiner’s Note: Figure 4 shows that the volume of the first space, equivalent to space 9 b, is significantly larger than the volume of the second space, equivalent to space 9 a).
Regarding Claim 4, Fukami discloses a first pressurizing unit configured to pressurize the first space and the second space (piston 72; [0027]; [0045-0046]).
Regarding Claim 5, Fukami discloses wherein the first space is pressurized by a plurality of the first pressurizing units (“The piston 72 is formed at the top of each diaphragm portion 71”; [0027]; Examiner’s Note: Since there is a piston at the top of each diaphragm portion, there are at least two pistons, which qualify as a plurality), and the second space is pressurized by at least one first pressurizing unit of the plurality of first pressurizing units (“the driving mechanism 5 converts the rotational motion of the motor 3 into the vertical reciprocal motion of the pistons 72. The vertical reciprocal motion of the pistons 72 deforms the two diaphragm portions 71, and the two pump chambers 70 alternately expand and contract…when the pump chamber 70 contracts, the internal air pressure of the pump chamber 70 rises, and, as shown in FIG. 2, air in the pump chamber 70 is output from the output passage 81 to the input-side space 9 a of the vessel 9 through the delivery valve body 84 and supply passage 106”; [0045-0046]).
Regarding Claim 6, Fukami discloses wherein a flow path load from the first pressurizing unit to the first space (“the driving mechanism 5 converts the rotational motion of the motor 3 into the vertical reciprocal motion of the pistons 72. The vertical reciprocal motion of the pistons 72 deforms the two diaphragm portions 71, and the two pump chambers 70 alternately expand and contract…a part of air supplied from the diaphragm pump main body 1 to the input-side space 9 a of the vessel 9 of the quick discharge valve unit 2 is released outside from the connecting path 300 of the lower housing 10 through the suction space 103 and inflow passage 104, and the rest flows from the input-side space 9 a to the output-side space 9 b through the gap formed between the check valve body 122 and check valve seat 107, and is delivered from the delivery passage 113 a of the projecting cylinder 113 to the pressurization target”; [0045-0051]) is larger than a flow path load from the first pressurizing unit to the second space (“the driving mechanism 5 converts the rotational motion of the motor 3 into the vertical reciprocal motion of the pistons 72. The vertical reciprocal motion of the pistons 72 deforms deforms the two diaphragm portions 71, and the two pump chambers 70 alternately expand and contract…when the pump chamber 70 contracts, the internal air pressure of the pump chamber 70 rises, and, as shown in FIG. 2, air in the pump chamber 70 is output from the output passage 81 to the input-side space 9 a of the vessel 9 through the delivery valve body 84 and supply passage 106”; [0045-0046]; Examiner’s Note: The flow path from the first pressurizing unit to the first space includes steps in addition to the flow path load from the first pressurizing unit to the second space. Therefore, the flow path load from the first pressurizing unit to the first space is larger than the flow path load from the first pressurizing unit to the second space).
Regarding Claim 7, Fukami discloses a second exhaust valve (delivery valve body 84) provided from any one first pressurizing unit of the plurality of first pressurizing units to the second space (“the driving mechanism 5 converts the rotational motion of the motor 3 into the vertical reciprocal motion of the pistons 72. The vertical reciprocal motion of the pistons 72 deforms the two diaphragm portions 71, and the two pump chambers 70 alternately expand and contract…when the pump chamber 70 contracts, the internal air pressure of the pump chamber 70 rises, and, as shown in FIG. 2, air in the pump chamber 70 is output from the output passage 81 to the input-side space 9 a of the vessel 9 through the delivery valve body 84 and supply passage 106”; [0045-0047]); and an air leakage valve configured to communicate the second space with another space (“a part of air supplied from the diaphragm pump main body 1 to the input-side space 9 a of the vessel 9 of the quick discharge valve unit 2 is released outside from the connecting path 300 of the lower housing 10 through the suction space 103 and inflow passage 104, and the rest flows from the input-side space 9 a to the output-side space 9 b through the gap formed between the check valve body 122 and check valve seat 107, and is delivered from the delivery passage 113 a of the projecting cylinder 113 to the pressurization target”; [0051]).
Regarding Claim 8, Fukami discloses a first pressurizing unit configured to pressurize the first space (“the driving mechanism 5 converts the rotational motion of the motor 3 into the vertical reciprocal motion of the pistons 72. The vertical reciprocal motion of the pistons 72 deforms the two diaphragm portions 71, and the two pump chambers 70 alternately expand and contract…a part of air supplied from the diaphragm pump main body 1 to the input-side space 9 a of the vessel 9 of the quick discharge valve unit 2 is released outside from the connecting path 300 of the lower housing 10 through the suction space 103 and inflow passage 104, and the rest flows from the input-side space 9 a to the output-side space 9 b through the gap formed between the check valve body 122 and check valve seat 107, and is delivered from the delivery passage 113 a of the projecting cylinder 113 to the pressurization target”; [0045-0051]); and a second pressurizing unit configured to pressurize the second space (“the driving mechanism 5 converts the rotational motion of the motor 3 into the vertical reciprocal motion of the pistons 72. The vertical reciprocal motion of the pistons 72 deforms the two diaphragm portions 71, and the two pump chambers 70 alternately expand and contract…when the pump chamber 70 contracts, the internal air pressure of the pump chamber 70 rises, and, as shown in FIG. 2, air in the pump chamber 70 is output from the output passage 81 to the input-side space 9 a of the vessel 9 through the delivery valve body 84 and supply passage 106”; [0045-0046]).
Regarding Claim 9, Fukami discloses wherein the first exhaust valve includes a first surface facing the first space (portion of valve body 121 that faces space 9 b, mainly upper surface of valve 121, as shown in Figure 4) and a second surface facing the second space (portion of valve body 121 that faces space 9 a, mainly the lower surface of valve 121 b, as shown in Figure 4), and a pressure receiving area of the first surface is larger than a pressure receiving area of the second surface (Examiner’s Note: Figure 4 shows wherein the portion of valve body 121 that faces space 9 b, mainly upper surface of valve 121, is larger than the portion of valve body 121 that faces space 9 a, mainly the lower surface of valve 121 b).
Regarding Claim 10, Fukami discloses wherein a flow path load from the first pressurizing unit to the first space (“the driving mechanism 5 converts the rotational motion of the motor 3 into the vertical reciprocal motion of the pistons 72. The vertical reciprocal motion of the pistons 72 deforms the two diaphragm portions 71, and the two pump chambers 70 alternately expand and contract…a part of air supplied from the diaphragm pump main body 1 to the input-side space 9 a of the vessel 9 of the quick discharge valve unit 2 is released outside from the connecting path 300 of the lower housing 10 through the suction space 103 and inflow passage 104, and the rest flows from the input-side space 9 a to the output-side space 9 b through the gap formed between the check valve body 122 and check valve seat 107, and is delivered from the delivery passage 113 a of the projecting cylinder 113 to the pressurization target”; [0045-0051]) is larger than a flow path load from the second pressurizing unit to the second space (“the driving mechanism 5 converts the rotational motion of the motor 3 into the vertical reciprocal motion of the pistons 72. The vertical reciprocal motion of the pistons 72 deforms the two diaphragm portions 71, and the two pump chambers 70 alternately expand and contract…when the pump chamber 70 contracts, the internal air pressure of the pump chamber 70 rises, and, as shown in FIG. 2, air in the pump chamber 70 is output from the output passage 81 to the input-side space 9 a of the vessel 9 through the delivery valve body 84 and supply passage 106”; [0045-0046]; Examiner’s Note: The flow path from the first pressurizing unit to the first space includes steps in addition to the flow path load from the second pressurizing unit to the second space. Therefore, the flow path load from the first pressurizing unit to the first space is larger than the flow path load from the second pressurizing unit to the second space).
Regarding Claim 11, Fukami discloses a fourth exhaust valve (delivery valve body 84) provided from the second pressurizing unit to the second space (“the driving mechanism 5 converts the rotational motion of the motor 3 into the vertical reciprocal motion of the pistons 72. The vertical reciprocal motion of the pistons 72 deforms the two diaphragm portions 71, and the two pump chambers 70 alternately expand and contract…when the pump chamber 70 contracts, the internal air pressure of the pump chamber 70 rises, and, as shown in FIG. 2, air in the pump chamber 70 is output from the output passage 81 to the input-side space 9 a of the vessel 9 through the delivery valve body 84 and supply passage 106”; [0045-0047]); and an air leakage valve configured to communicate the second space with another space (“a part of air supplied from the diaphragm pump main body 1 to the input-side space 9 a of the vessel 9 of the quick discharge valve unit 2 is released outside from the connecting path 300 of the lower housing 10 through the suction space 103 and inflow passage 104, and the rest flows from the input-side space 9 a to the output-side space 9 b through the gap formed between the check valve body 122 and check valve seat 107, and is delivered from the delivery passage 113 a of the projecting cylinder 113 to the pressurization target”; [0051]).
Regarding Claim 12, Fukami discloses wherein the first exhaust valve includes a first surface facing the first space (portion of valve body 121 that faces space 9 b, mainly upper surface of valve 121, as shown in Figure 4) and a second surface facing the second space (portion of valve body 121 that faces 9 a, mainly the lower surface of valve 121 b, as shown in Figure 4), and a pressure receiving area of the first surface is larger than a pressure receiving area of the second surface (Examiner’s Note: Figure 4 shows wherein the portion of valve body 121 that faces space 9 b, mainly the upper surface of valve 121, is larger than the portion of valve body 121 that faces 9 a, mainly the lower surface of valve 121 b).
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 CHANEL J YOON whose telephone number is (571) 272-2695. The examiner can normally be reached on Monday-Friday 9:00AM-5:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alexander Valvis can be reached on 571-272-4233. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHANEL J YOON/Examiner, Art Unit 3791
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