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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 1/2/2026 has been entered. Claims 1-20 remain pending in the present application.
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 10 and 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.
Re. Cls. 10 and 20, the limitation “to prevent removal of the plunger valve from the free end tubule when the movable member is in its venting position” renders the claims indefinite in the Examiner’s position. It is the Examiner’s understanding that the free end tubule is closed when the plunger valve is located in its sealing position and that free end tubule is unblocked or unsealed when the valve is located in its venting position. Applicant’s specification, specifically seen in Fig. 25a and Paragraph 000125, discusses that the venting position is when the plunger valve is poised above the entrance to the free end tubule such that the vent port is open and vented. However, Applicant’s claim language appears to reflect some configuration where the plunger valve remains within the free end tubule while venting, which appears to contradict Applicant’s specification. It is unclear how if the free end tubule is unable to be separated from the plunger valve as claimed the device would be in the vented position. Appropriate clarification is requested. For the purpose of examination, the Examiner will interpret this limitation to refer to preventing removal of the movable member from the anchor member when in its venting position since that is what appears to be best supported by Applicant’s disclosure.
Claim 20 recites the limitation "the free end tubule" in Line 4. There is insufficient antecedent basis for this limitation in the claim. The Examiner wishes to point out that the free end tubule is part of the claim set dependent from claim 1 whereas claim 20 depends from independent claim 11.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-4 and 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Trethewey US 5511752 (hereinafter Trethewey) in view of Zimmerman US 11415266 (hereinafter Zimmerman).
Re. Cl. 1, Trethewey discloses: A valve-actuated suction apparatus (Fig. 1), comprising: an anchor member (12, Fig. 1) comprising a non-porous resilient material (Col. 2, Lines 62-65); the anchor member comprising a seal member (18, Fig. 1) having an inner side arranged to seal against a surface (see Fig. 1-2), and an outer side (see Fig. 1-2); the anchor member comprising a vent port (28, Fig. 2) extending between the inner and outer sides of the seal member (see Fig. 1-2); the anchor member vent port extending through an anchor member stem (16, Fig. 2) formed on the outer side of the seal member (see Fig. 2); a movable member (14, Fig. 1) that is slidably movable without rotation relative to the anchor member (see Fig. 1-3, the member 14 can be slid vertically without rotation relative to 16 by having 38 and 33 slid over and between 26, 40) between a sealing position wherein the movable member blocks the vent port (see Fig. 3) and a venting position wherein the movable member unblocks the vent port (sliding 14 upward relative to 16 so that 34 exits 28 as discussed in Col. 3, Lines 51-60); the movable member comprising a plunger valve (34, Fig. 1-2) that blocks the vent port by slidably engaging the vent port (see Fig. 3) with an interference fit (see Fig. 3, as shown when 34 enters 28 it is clearly shown that 28 is expanded/deformed outward since 34 has a diameter shown greater than the remainder of 28 where 34 does not penetrate) when the movable member is in its sealing position (see Fig. 3); and a coupling connection (38, 33, 26, 40, Fig. 2-3) between the movable member and the anchor member that prevents detachment of the movable member from the anchor member (see Fig. 3 and Col. 4, Lines 52-54).
Re. Cl. 2, Trethewey discloses: the coupling connection comprises at least one protrusion (see 38, 33, Fig. 2) that engages at least one slot (see Fig. 2, between 18 and 26; and between 26 and 40).
Re. Cl. 3, Trethewey discloses: the slot is formed on the anchor member stem (see Fig. 2).
Re. Cl. 4, Trethewey discloses: the slot is formed on an outside surface of the anchor member stem (see Fig. 2).
Re. Cl. 6, Trethewey discloses: the slot extends both longitudinally and transversely (see Fig. 2, the spaces between 18 and 28 and then 26 and 40 extend vertically and transversely around the stem).
Re. Cl. 7, Trethewey discloses: the coupling connection comprises either (1) the at least one protrusion (33 and 38, Fig. 2) being formed on the movable member (14) and the at least one slot being formed on the anchor member (see Fig. 2), or (2) the at least one protrusion being formed on the anchor member and the at least one slot being formed on the movable member.
Re. Cl. 1, Trethewey does not disclose the vent port comprising a free end tubule formed on a free end of the anchor member stem; the free end tubule comprising a tubule wall with an inside diameter of uniform size; the vent blocks the free end tubule via the interference fit; the tubule wall thereby receiving and being expanded by the plunger valve. Zimmerman discloses a suction apparatus (Fig. 13), which includes an anchor member (6, Fig. 13) that is suctioned to a surface using a movable member (10, Fig. 13), wherein the anchor member includes a stem (26, Fig. 4) having a vent port (20, Fig. 13) which comprises a free end tubule (31, Fig. 13) formed on a free end of the anchor member stem (see Fig. 13); the free end tubule comprising a tubule wall with an inside diameter of uniform size (see 22B, Fig. 13); the movable member comprising a plunger valve (50B, Fig. 13) that blocks the vent port by slidably engaging the free end tubule (see Fig. 13; the Examiner notes the device in Fig. 13 would function in the same manner as shown in Fig. 10, i.e. having part 50B block 20 just like 50 blocks 20 in Fig. 10 and discussed in Col. 10 Line 63-Col. 11, Line 5) the tubule wall thereby receiving the plunger valve (see Fig. 13; the Examiner notes the device in Fig. 13 would function in the same manner as shown in Fig. 10, i.e. having part 50B block 20 just like 50 blocks 20 in Fig. 10 and discussed in Col. 10 Line 63-Col. 11, Line 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Trethewey device to include the free end tubule of Zimmerman with reasonable expectation of success since Zimmerman states that such a modification provides a sub-landing zone recessed below the planar top landing zone (Col. 15, Lines 41-45). Such a modification would provide tactile feedback to the user when the valve is fully seated into the tubule, thus functioning to signal to the user to stop pressing the movable member down onto the anchor member. Re. Cl. 1, specifically the language forming an “interference fit with the free end tubule” and “the tubule wall being expanded by the plunger valve,” it is the Examiner’s position that the proposed combination would disclose such a limitation. Since Trethewey as discussed above discloses that the plunger valve (34) provides an interference fit with vent port (28), expanding (28) as shown clearly in Fig. 3, modifying Trethewey to have the free end tubule of Zimmerman would result in the valve expanding via interference fit the free end tubule of Zimmerman since Zimmerman discloses the plunger valve interacts with the free end tubule (see Fig. 13, 50B and 22B).
Claim(s) 5 and 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Trethewey in view of Zimmerman as applied to claims 1-4 and 6-7 above, and further in view of Harding US 1796785 (hereinafter Harding).
Re. Cls. 5 and 8-10, Trethewey discloses a pattern of movement between the movable member and the anchor member by engaging (33, 38) with (26, 40) to move the movable member between a sealed, lowered position (shown in Fig. 3) and a raised unsealed position (with 34 out of 28 as discussed in Col. 3, Lines 51-60). However, the combination of Trethewey in view of Zimmerman does not disclose that the slot is formed with closed inner and outer ends, and wherein the protrusion is free to move between the inner and outer ends but is trapped thereby to prevent detachment of the movable member from the anchor member (Cl. 5), the at least one slot of the coupling connection comprises a longitudinal slot leg forming a continuous slot pathway that allows the at least one protrusion to traverse the slot leg; and the at least one protrusion traverses the longitudinal slot leg as the movable member slidably moves without rotation relative to the anchor member between the movable member's sealing and venting positions (Cl. 8), the longitudinal slot leg is substantially parallel to a sliding direction of the movable member (Cl. 9) or the longitudinal slot leg is closed at an end thereof, and wherein the at least one protrusion engages the closed end of the longitudinal slot leg when the movable member reaches its venting position in order to prevent removal of the plunger valve from the free end tubule when the movable member is in its venting position (Cl. 10). Harding disclose a sealable coupling connection (Fig. 1-5) between a movable member (13) and an anchor member (11), wherein the coupling connection comprises at least one protrusion (18, Fig. 1) that engages at least one slot (see 17, 19, Fig. 2), wherein the protrusion is formed on the movable member (see Fig. 1, 18 on 13) and the at least one slot formed on the anchor member (see 19 and 17, Fig. 2). Re. Cl. 5, Harding discloses the slot is formed with closed inner and outer ends (see ends of 17, 19, Fig. 2 and discussed as cap 13 being non-removable in Lines 29-32), and wherein the protrusion is free to move between the inner and outer ends but is trapped thereby to prevent detachment of the movable member from the anchor member (see Fig. 1-5). Re. Cl. 8, Harding discloses the at least one slot of the coupling connection comprises a longitudinal slot leg (17, Fig. 2) forming a continuous slot pathway that allows the at least one protrusion to traverse the slot leg (see Fig. 1-4, vertically up and down within 17 to achieve either a raised or lowered position of 13); and the at least one protrusion traverses the longitudinal slot leg as the movable member slidably moves without rotation relative to the anchor member between the movable member's sealing and venting positions (see Fig. 1-5, the protrusion 18 traverses 17 without rotation between its raised and lowered position). Re. Cl. 9, Harding discloses the longitudinal slot leg is substantially parallel to a sliding direction of the movable member (see Fig. 1-5, 17 is parallel to vertical movement of 13). Re. Cl. 10, Harding discloses the longitudinal slot leg is closed at an end thereof (see Fig. 2, top end of 17 is closed so as to make 13 non-removable), and wherein the at least one protrusion engages the closed end of the longitudinal slot leg when the movable member reaches its venting position (see Fig. 7, venting or open so that 16 can flow) in order to prevent removal of the plunger valve from the free end tubule when the movable member is in its venting position (see Fig. 1-5, when 18 is pulled to the top of 17, 13 cannot be removed from 11 due to 17 being closed at that end).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace protrusion and slot configurations of Trethewey with the protrusion and slot configurations of Harding with reasonable expectation of success since it has been held obvious to replace one known means with another to achieve a predictable result. KSR Int’l Co. V. Teleflex Inc. 550 U.S. ___, 82 USPQ 2d 1385 (Supreme Court 2007) (KSR)
Claims 11-20 are rejected under 35 U.S.C. 103 as being unpatentable over Trethewey in view of Harding.
Re. Cl. 11, Trethewey discloses: A valve-actuated suction apparatus (Fig. 1), comprising: an anchor member (12, Fig. 1) comprising a non-porous resilient material (Col. 2, Lines 62-65); the anchor member comprising a seal member (18, Fig. 1) having an inner side arranged to seal against a surface (see Fig. 1-2), and an outer side (see Fig. 1-2); the anchor member comprising a vent port (28, Fig. 2) extending between the inner and outer sides of the seal member (see Fig. 1-2); the anchor member vent port extending through an anchor member stem (16, Fig. 2) formed on the outer side of the seal member (see Fig. 2); a movable member (14, Fig. 1) that is slidably movable without rotation relative to the anchor member (see Fig. 1-3, the member 14 can be slid vertically without rotation relative to 16 by having 38 and 33 slid over and between 26, 40) between a sealing position wherein the movable member blocks the vent port (see Fig. 3) and a venting position wherein the movable member unblocks the vent port (sliding 14 upward relative to 16 so that 34 exits 28 as discussed in Col. 3, Lines 51-60); the movable member comprising a plunger valve (34, Fig. 1-2) that blocks the vent port by slidably engaging the vent port (see Fig. 3) with an interference fit (see Fig. 3, as shown when 34 enters 28 it is clearly shown that 28 is expanded/deformed outward since 34 has a diameter shown greater than the remainder of 28 where 34 does not penetrate) when the movable member is in its sealing position (see Fig. 3); and a coupling connection (38, 33, 26, 40, Fig. 2-3) between the movable member and the anchor member that prevents detachment of the movable member from the anchor member (see Fig. 3 and Col. 4, Lines 52-54), the coupling connection comprises at least one protrusion (see 38, 33, Fig. 2) that engages at least one slot (see Fig. 2, between 18 and 26; and between 26 and 40).
Re. Cl. 12, Trethewey discloses: the coupling connection is disposed on an outside of the anchor stem member (see Fig. 2).
Re. Cl. 13, Trethewey discloses: the slot is formed on the anchor member stem (see Fig. 2).
Re. Cl. 14, Trethewey discloses: the protrusion is formed on the movable member (see Fig. 2).
Re. Cl. 16, Trethewey discloses: the slot extends both longitudinally and transversely (see Fig. 2, the spaces between 18 and 28 and then 26 and 40 extend vertically and transversely around the stem).
Re. Cl. 17, Trethewey discloses: the coupling connection comprises either (1) the at least one protrusion (33 and 38, Fig. 2) being formed on the movable member (14) and the at least one slot being formed on the anchor member (see Fig. 2), or (2) the at least one protrusion being formed on the anchor member and the at least one slot being formed on the movable member.
Re. Cls. 11, 15 and 18-20, Trethewey discloses a pattern of movement between the movable member and the anchor member by engaging (33, 38) with (26, 40) to move the movable member between a sealed, lowered position (shown in Fig. 3) and a raised unsealed position (with 34 out of 28 as discussed in Col. 3, Lines 51-60). However, Tretheway does not disclose the slot has at least one longitudinal wall that engages the at least one protrusion to constrain rotation of the movable member during its slidable movement (Cl. 11), the slot is formed with closed inner and outer ends, and wherein the protrusion is free to move between the inner and outer ends but is trapped thereby to prevent detachment of the movable member from the anchor member (Cl. 15), the at least one slot of the coupling connection comprises a longitudinal slot leg forming a continuous slot pathway that allows the at least one protrusion to traverse the slot leg; and the at least one protrusion traverses the longitudinal slot leg as the movable member slidably moves without rotation relative to the anchor member between the movable member's sealing and venting positions (Cl. 18), the longitudinal slot leg is substantially parallel to a sliding direction of the movable member (Cl. 19) or the longitudinal slot leg is closed at an end thereof, and wherein the at least one protrusion engages the closed end of the longitudinal slot leg when the movable member reaches its venting position in order to prevent removal of the plunger valve from the free end tubule when the movable member is in its venting position (Cl. 20). Harding disclose a sealable coupling connection (Fig. 1-5) between a movable member (13) and an anchor member (11), wherein the coupling connection comprises at least one protrusion (18, Fig. 1) that engages at least one slot (see 17, 19, Fig. 2), wherein the protrusion is formed on the movable member (see Fig. 1, 18 on 13) and the at least one slot formed on the anchor member (see 19 and 17, Fig. 2). Re. Cl. 11, Harding discloses the slot has at least one longitudinal wall that engages the at least one protrusion to constrain rotation of the movable member during its slidable movement (see Fig. 2, side walls of 17 provide longitudinal walls which do not enable rotation until 18 reaches portion 19). Re. Cl. 15, Harding discloses the slot is formed with closed inner and outer ends (see ends of 17, 19, Fig. 2 and discussed as cap 13 being non-removable in Lines 29-32), and wherein the protrusion is free to move between the inner and outer ends but is trapped thereby to prevent detachment of the movable member from the anchor member (see Fig. 1-5). Re. Cl. 18, Harding discloses the at least one slot of the coupling connection comprises a longitudinal slot leg (17, Fig. 2) forming a continuous slot pathway that allows the at least one protrusion to traverse the slot leg (see Fig. 1-4, vertically up and down within 17 to achieve either a raised or lowered position of 13); and the at least one protrusion traverses the longitudinal slot leg as the movable member slidably moves without rotation relative to the anchor member between the movable member's sealing and venting positions (see Fig. 1-5, the protrusion 18 traverses 17 without rotation between its raised and lowered position). Re. Cl. 19, Harding discloses the longitudinal slot leg is substantially parallel to a sliding direction of the movable member (see Fig. 1-5, 17 is parallel to vertical movement of 13). Re. Cl. 20, Harding discloses the longitudinal slot leg is closed at an end thereof (see Fig. 2, top end of 17 is closed so as to make 13 non-removable), and wherein the at least one protrusion engages the closed end of the longitudinal slot leg when the movable member reaches its venting position (see Fig. 7, venting or open so that 16 can flow) in order to prevent removal of the plunger valve from the free end tubule when the movable member is in its venting position (see Fig. 1-5, when 18 is pulled to the top of 17, 13 cannot be removed from 11 due to 17 being closed at that end).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace protrusion and slot configurations of Trethewey with the protrusion and slot configurations of Harding with reasonable expectation of success since it has been held obvious to replace one known means with another to achieve a predictable result. KSR Int’l Co. V. Teleflex Inc. 550 U.S. ___, 82 USPQ 2d 1385 (Supreme Court 2007) (KSR)
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Frank US 2001/0047976, Guelzow US 2009/0015435, McKenzie US 2017/0137163 and Liu US 2018/0363844 discloses other known vent sealing caps which are presented to the Applicant for their consideration.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER E GARFT whose telephone number is (571)270-1171. The examiner can normally be reached Monday-Friday 8:00 a.m. to 5:00 p.m..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Terrell McKinnon can be reached at (571)272-4797. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER GARFT/Primary Examiner, Art Unit 3632