DETAILED ACTION
This office action is in response to the amendment filed 3/22/2024. As directed by the amendment, claims 2-15 and 55-57 have been amended, claims 16-53 and 58-94 have been cancelled, and no claims have been newly added. Thus, claims 1-15, 54-57, and 95 are presenting pending in this application.
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.
Claim(s) 12 is/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 pre-AIA the applicant regards as the invention.
Regarding claim 12, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
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 of this title, 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.
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-15, 54-57, and 95 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jeffrey (6,805,120) in view of Gilbert et al (4,182,364).
Regarding claim 1, Jeffrey in figs 2-8 discloses an apparatus for retaining a pressure control tube (136) (short conduit) having one or more engagement features (150) (annular grooves) in a user-defined position within a pressure regulator device (134) (pressure regulator), the apparatus comprising a releasable tube retaining means (146) (connector includes a number of resilient ridges or plastic toggles (148)) (col 4, ln 7-17).
Jeffrey does not disclose the releasable tube retaining means comprises a resiliently deformable locking member configured to be releasably engageable with at least one of the engagement features such that engagement between the locking member and engagement feature causes resistance to movement of the pressure control tube within the pressure regulator device; wherein the releasable tube retaining means is adapted to be selectively engageable with the pressure control tube in at least one position in which the releasable tube retaining means is in a substantially unstressed state.
However, Gilbert teaches an apparatus including a tube (28) (inner pipe) having one or more engagement features (60a-h) (shallow grooves) (col 3, ln 3-14) and a releasable tube retaining means including a resiliently deformable locking member (86a-d) (resilient fingers) configured to be releasably engageable with at least one of the engagement (60a-h) features such that engagement between the locking member (86a-d) and engagement feature (60a-h) causes resistance to movement of the tube (28) within the device (col 3, ln 41-54); wherein the releasable tube retaining means is adapted to be selectively engageable with the tube (28) in at least one position in which the releasable tube retaining means is in a substantially unstressed state (as shown in fig 4, in the normal, unstressed position of the fingers the diameters of corresponding portions of inclined faces (90, 92) and projection end (94) are slightly less than diameters of corresponding points on inclined faces (62, 64) and groove bottom (66) so that the projections may be lightly maintained in a position of penetration within the grooves by their own resilience (col 4, ln 34-41).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of Jeffrey so that the tube retaining means comprises a resiliently deformable locking member configured to be releasably engageable with at least one of the engagement features such that engagement between the locking member and engagement feature causes resistance to movement of the pressure control tube within the pressure regulator device; wherein the releasable tube retaining means is adapted to be selectively engageable with the pressure control tube in at least one position in which the releasable tube retaining means is in a substantially unstressed state as taught by Gilbert in order to provide a longitudinally adjustable tube retaining means that is easy to assemble (Gilbert, col 1, ln 32-52) and allow the adjustment to be readily and precisely adjustable in predetermined increments (Gilbert, col 5, ln 13-19).
Regarding claim 2, the modified Jeffrey’s reference discloses that at least a portion of the locking member (86 of Gilbert) is received in a recessed feature (60 of Gilbert) of the pressure control tube (28 of Gilbert) when the releasable tube retaining means is in the substantially unstressed state (in the normal, unstressed position of the fingers, the projections may be lightly maintained in a position of penetration within the grooves by their own resilience) (Gilbert, col 4, ln 34-41).
Regarding claim 3, the modified Jeffrey’s reference discloses the portion of the locking member (86 of Gilbert) that is received in the recessed feature (60 of Gilbert) comprises a tube engagement portion (88 of Gilbert) (projections (88 of Gilbert) which include frustro-conical faces (90, 92 of Gilbert) and end (94 of Gilbert)) (Gilbert, col 3, ln 46-54).
Regarding claim 4, the modified Jeffrey’s reference discloses the tube engagement portion (88 of Gilbert) of the locking member (86 of Gilbert) is configured to be at least partially spaced away from a surface (64 of Gilbert) (groove bottom) of the recessed feature (60 of Gilbert) (the projections may be lightly maintained in a position of penetration within the grooves by their own resilience) (Gilbert, col 4, ln 34-41).
Regarding claim 5, the modified Jeffrey’s reference discloses the tube engagement portion (88 of Gilbert) comprises a hook portion that extends upwardly towards the pressure control tube (60 of Gilbert) in use (as shown in fig 4, projections ((88 of Gilbert) are shown to be configured as hooked projections that extend upwardly) (Gilbert, col 3, ln 47-59).
Regarding claim 6, the modified Jeffrey’s reference discloses the tube engagement portion (88 of Gilbert) comprises a contact surface (90, 92, 94 of Gilbert) (control faces, end) configured to mate with a surface (62, 64, 66 of Gilbert) (inclined faces, bottom) of the one or more engagement features (60 of Gilbert) of the pressure control tube (28 of Gilbert) (Gilbert, col 3, ln 47-59).
Regarding claim 7, the modified Jeffrey’s reference discloses the contact surface (94 of Gilbert) is configured to be at least partially spaced away from a surface (64 of Gilbert) of the recessed feature (60 of Gilbert) when the releasable tube retaining means is in the substantially unstressed state (the projections may be lightly maintained in a position of penetration within the grooves by their own resilience (Gilbert, col 4, ln 34-41), and therefore the contact surface (94 of Gilbert) would not contact the surface (64 of Gilbert) when in the substantially unstressed state).
Regarding claim 8, the modified Jeffrey’s reference discloses the recessed feature (60 of Gilbert) comprises an engagement feature of the pressure control tube (28 of Gilbert) (Gilbert, col 3, ln 50-54).
Regarding claim 9, the modified Jeffrey’s reference discloses the recessed feature (60 of Gilbert) comprises: an engagement feature (60h of Gilbert) having a greater depth than one or more other engagement features (60a-g of Gilbert) of the pressure control tube (28 of Gilbert) (as shown in figs 1-2, engagement feature (60h of Gilbert) is shown as having a greater depth than other engagement features (60a-g of Gilbert); and/or an uppermost engagement feature (60a of Gilbert) of the one or more engagement features (60a-h of Gilbert) of the pressure control tube (28 of Gilbert) (as shown in figs 1-2, engagement feature (60a of Gilbert) is shown as being an uppermost engagement of the one or more engagement features (60a-h of Gilbert).
Regarding claim 10 the pressure control tube (28 of Gilbert) is in a fully lowered positioned when the releasable tube retaining means (86 of Gilbert) is in the substantially unstressed state (the projections may be lightly maintained in a position of penetration within the grooves by their own resilience (Gilbert, col 4, ln 34-41), and therefore, if the uppermost engagement feature (60a) is engaged with the releasable tube releasing means (86 of Gilbert) and the locking nut (82 of Gilbert) is not engaged to urge the tube releasing means in a locking position, the pressure control tube (28 of Gilbert) would be in a fully lowered positioned when the releasable tube retaining means (86 of Gilbert) is in the substantially unstressed state).
Regarding claim 11, the modified Jeffrey’s references discloses wherein the releasable tube retaining means comprises an elongate body having a coupled end (outer pipe (26 of Gilbert) includes a coupled end including exterior threads (78 of Gilbert) and locking nut (82 of Gilbert) (col 3, ln 35-40) and a free end (end containing resilient fingers (86a-d) (col 3, ln 41-44), the coupled end configured to be coupled to a wall of a chamber of the pressure regulator device (as shown in fig 4 of Jeffrey, connector (146 of Jeffrey) is coupled to an upper wall (144 of Jeffrey) (lid) of the pressure regulator device (134 of Jeffrey) (Jeffrey, figs 2-4, col 4, ln 7-17), and therefore the coupled end of the modified Jeffrey’s device would be coupled to an upper wall comprising a lid of the pressure regulator device).
Regarding claim 12, the modified Jeffrey’s references discloses the coupled end (78, 82 of Gilbert) is configured to be coupled to a top wall (144 of Jeffrey) of the chamber (200 of Jeffrey) (as shown in fig 4 of Jeffrey, connector (146 of Jeffrey) is coupled to an upper wall (144 of Jeffrey) (lid) of a chamber (200 of Jeffrey) of the pressure regulator device (134 of Jeffrey) (Jeffrey, figs 2-4, col 4, ln 7-17), and therefore, the coupled end of the modified Jeffrey’s device would be coupled to an upper wall comprising a lid of the pressure regulator device).
Regarding claim 13, the modified Jeffrey’s reference discloses the coupled end includes a locking nut (82 of Gilbert) which is configured to be pivotably coupled to the wall (144 of Jeffrey) of the chamber (200 of Jeffrey), (as shown in fig 4 of Jeffrey, connector (146 of Jeffrey) is coupled to an upper wall (144 of Jeffrey) (lid) of a chamber (200 of Jeffrey) of the pressure regulator device (134 of Jeffrey) (Jeffrey, figs 2-4, col 4, ln 7-17), and therefore the locking nut (82 of Gilbert) which is configured to be pivotably coupled to the device, would also be configured to be pivotably coupled to the wall of the pressure regulator device).
Regarding claim 14, the modified Jeffrey’s reference discloses the free end comprises an actuating member (96 of Gilbert) (free end of (86 of Gilbert) includes an actuating member including a tapered face (96 of Gilbert) configured to hold the fingers in their inwardly urged position (Gilbert, col 5, ln 20-34).
Regarding claim 15, the modified Jeffrey’s reference discloses the actuating member (96 of Gilbert) is configured to be in an un-deformed position when the releasable tube retaining means (86 of Gilbert) is in the substantially unstressed state (locking nut (82 of Gilbert) is not configured to deform, and therefore would be in an un-deformed position when the releasable tube retaining means (86 of Gilbert) is in the substantially unstressed state).
Regarding claim 54, Jeffrey discloses a releasable tube retaining means for retaining a pressure control tube (136) (short conduit) in a user-defined position within a pressure regulator device, comprising: a locking member (146) (connector (146) including a number of resilient ridges or plastic toggles (148)) configured to be releasably engageable with an engagement feature (150) (annular grooves) of the pressure control tube (136) (col 4, ln 7-17).
Jeffrey does not disclose the locking member is a resiliently deformable locking member configured to be releasably engageable with an engagement feature of the pressure control tube, to retain the pressure control tube in a user-defined position; wherein the releasable tube retaining means is configured to be adaptable between a first configuration in which the locking member is engaged with the engagement feature and resists movement of the pressure control tube, and a second configuration in which the locking member is at least partially disengaged from the engagement feature and the resistance to movement of the pressure control tube is reduced.
However, Gilbert teaches an apparatus including a tube (28) (inner pipe) having one or more engagement features (60a-h) (shallow grooves) (col 3, ln 3-14) and a releasable tube retaining means including a resiliently deformable locking member (86a-d) (resilient fingers) configured to be releasably engageable an engagement feature (60a-h) of the tube (28), to retain the tube (28) in a user-defined position (col 3, ln 3-14); wherein the releasable tube retaining means is configured to be adaptable between a first configuration in which the locking member (86) is engaged with the engagement feature (60) and resists movement of the pressure control tube (28) (col 5, ln 20-34), and a second configuration in which the locking member (86) is at least partially disengaged from the engagement feature (60) and the resistance to movement of the tube (28) is reduced (col 4, ln 28-43).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of Jeffrey so that the tube retaining means comprises a resiliently deformable locking member configured to be releasably engageable with an engagement feature of the pressure control tube, to retain the pressure control tube in a user-defined position; wherein the releasable tube retaining means is configured to be adaptable between a first configuration in which the locking member is engaged with the engagement feature and resists movement of the pressure control tube, and a second configuration in which the locking member is at least partially disengaged from the engagement feature and the resistance to movement of the pressure control tube is reduced as taught by Gilbert in order to provide a longitudinally adjustable tube retaining means that is easy to assemble (Gilbert, col 1, ln 32-52) and allow the adjustment to be readily and precisely adjustable in predetermined increments (Gilbert, col 5, ln 13-19).
Regarding claim 55, the modified Jeffrey’s reference discloses that when the releasable tube retaining means is in the second configuration, the resistance to movement of the pressure control tube is reduced in comparison to the resistance to movement of the pressure control tube when the releasable tube retaining means is in the first configuration (when no radial locking force exerted upon the fingers in the second configuration, only a relatively slight axial force is necessary to shift the pipe (26 of Gilbert) during the course of such shifting so that the projections noticeably and audibly click into the several grooves during adjustment to facilitate rapid positioning (Gilbert, col 4, ln 43-62).
Regarding claim 56, the modified Jeffrey’s reference discloses the locking member (86 of Gilbert) comprises a tube engagement portion (88 of Gilbert) (projections) configured to be releasably engageable with at least one of the engagement features (faces (62, 64 of Gilbert) and bottom (66 of Gilbert) of groove forming engagement feature) (col 3, ln 46-59).
Regarding claim 57, the modified Jeffrey’s reference discloses the tube engagement portion (86 of Gilbert) is configured to be at least partially disengaged from the engagement feature (60 of Gilbert) when the releasable tube retaining means is in the is in the second configuration (Gilbert, col 4, ln 34-43).
Regarding claim 95, Jeffrey discloses a pressure regulating device (134), comprising: a chamber (204) configured to hold a column of liquid (138) (col 3, ln 60-66), a pressure control tube (136) short conduit) configured to be selectively moveable within the column of liquid (138) to increase or decrease a pressure of the pressure regulating device (134) (col 4, ln 18-24), the pressure control tube (136) comprising one or more engagement features (150) (annular grooves) spaced along a length of the pressure control tube (136), and a releasable tube retaining means (146) (connector (146) containing resilient ridges or plastic toggles (150)) (col 4, ln 7-17).
Jeffrey does not disclose the tube releasing means comprising a first resiliently deformable locking member and a second resiliently deformable locking member, each of the first locking member and the second locking member comprising a tube engagement portion configured to be releasably engageable with at least one engagement feature; wherein, engagement of the tube engagement portion of the first locking member with an engagement feature of the one or more engagement features, and the tube engagement portion of the second locking member with an engagement feature of the one or more engagement features provides resistance to movement of the pressure control tube within the pressure regulating device and retains the pressure control tube at a user-defined depth within the column of liquid; the releasable tube retaining means being selectively adaptable between: a first configuration in which the tube engagement portions of the first locking member and the second locking member are each engaged with at least one of the one or more engagement features such that movement of the pressure control tube within the pressure regulating device is resisted by a first upstroke resistance force and a first downstroke resistance, and a second configuration in which at least one of the tube engagement portions of the first locking member and the second locking member is at least partially disengaged from the engagement features, such that resistance to movement of the pressure control tube within the pressure regulator device is resisted by a second upstroke resistance force and a second downstroke resistance force which are less than the first upstroke resistance force and the first upstroke resistance force; and further wherein, the releasable tube retaining means is adapted to be selectively engageable with the pressure control tube in a position in which the releasable tube retaining means is in a substantially unstressed state.
However, Gilbert teaches an apparatus including a tube (28) (inner pipe) having one or more engagement features (60a-h) (shallow grooves) (col 3, ln 3-14) and a releasable tube retaining means including
a first resiliently deformable locking (86a) member and a second resiliently deformable locking member (86b) (resilient fingers), each of the first locking member (86a) and the second locking member (86b) comprising a tube engagement portion (88a, b) (projections) configured to be releasably engageable with at least one engagement feature (60) (col 3, ln 46-62); wherein,
engagement of the tube engagement portion (88a) of the first locking member (86a) with an engagement feature (60) of the one or more engagement features, and the tube engagement portion (88b) of the second locking member (88a) with an engagement (60) feature of the one or more engagement features provides resistance to movement of the tube (28) and retains the tube (28) at a user-defined height (col 5, ln 20-34); the releasable tube retaining means being selectively adaptable between:
a first configuration in which the tube engagement portions (88a, b) of the first locking member (86a) and the second locking member (88b) are each engaged with at least one of the one or more engagement features (60) such that movement of the tube (28) is resisted by a first upstroke resistance force and a first downstroke resistance (col 5, ln 20-34), and
a second configuration in which at least one of the tube engagement portions (88a, b) of the first locking member (86a) and the second locking member (86b) is at least partially disengaged from the engagement features,(60) such that resistance to movement of the tube (28) is resisted by a second upstroke resistance force and a second downstroke resistance force which are less than the first upstroke resistance force and the first upstroke resistance force (col 4, ln 34-62); and
further wherein the releasable tube retaining means is adapted to be selectively engageable with the tube (28) in at least one position in which the releasable tube retaining means is in a substantially unstressed state (as shown in fig 4, in the normal, unstressed position of the fingers the diameters of corresponding portions of inclined faces (90, 92) and projection end (94) are slightly less than diameters of corresponding points on inclined faces (62, 64) and groove bottom (66) so that the projections may be lightly maintained in a position of penetration within the grooves by their own resilience (col 4, ln 34-41).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of Jeffrey so that the tube releasing means comprising a first resiliently deformable locking member and a second resiliently deformable locking member, each of the first locking member and the second locking member comprising a tube engagement portion configured to be releasably engageable with at least one engagement feature; wherein, engagement of the tube engagement portion of the first locking member with an engagement feature of the one or more engagement features, and the tube engagement portion of the second locking member with an engagement feature of the one or more engagement features provides resistance to movement of the pressure control tube within the pressure regulating device and retains the pressure control tube at a user-defined depth within the column of liquid; the releasable tube retaining means being selectively adaptable between: a first configuration in which the tube engagement portions of the first locking member and the second locking member are each engaged with at least one of the one or more engagement features such that movement of the pressure control tube within the pressure regulating device is resisted by a first upstroke resistance force and a first downstroke resistance, and a second configuration in which at least one of the tube engagement portions of the first locking member and the second locking member is at least partially disengaged from the engagement features, such that resistance to movement of the pressure control tube within the pressure regulator device is resisted by a second upstroke resistance force and a second downstroke resistance force which are less than the first upstroke resistance force and the first upstroke resistance force; and further wherein, the releasable tube retaining means is adapted to be selectively engageable with the pressure control tube in a position in which the releasable tube retaining means is in a substantially unstressed state as taught by Gilbert in order to provide a longitudinally adjustable tube retaining means that is easy to assemble (Gilbert, col 1, ln 32-52) and allow the adjustment to be readily and precisely adjustable in predetermined increments (Gilbert, col 5, ln 13-19).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Jacobs et al (2005/0072470), Hsiung (2015/0292676), and Hsiung (2018/0272097) disclose pressure regulator devices including a pressure control tube and a height-adjustable tube retaining means, and Cordes et al (2015/0014985), Schuster (8,087,426), Kittlemann et al (6,431,607), and Kim (6,513,191) disclose a tube retaining means including a resiliently deformable locking member
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOUGLAS Y SUL whose telephone number is (571)270-5260. The examiner can normally be reached Monday-Friday 9 am-5:30 pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, TIMOTHY STANIS can be reached at 571-272-5139. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DOUGLAS Y SUL/Examiner, Art Unit 3785
Prosecution Insights