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 .
Response to Arguments
Applicant’s arguments, filed 08/25/2025, with respect to the rejection of claim 1 for double patenting have been fully considered and are persuasive. The rejection of claim 1 for double patenting has been withdrawn.
Applicant's arguments filed 08/25/2025 regarding the rejection of claim 1 under 35 U.S.C. 102 have been fully considered but they are not persuasive. The limitation of a guide body is generic enough to encompass bot the structure through the fluid moves and the structure which guides the motion of the float (shown in Figure 18 of Chan). As discussed below, Chan discloses a guide body and a valve pin, along with a float. The radial port structure of Chan is not incompatible with these features.
Claim Rejections - 35 USC § 102
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, 55-58, 60-64, 68, 71, and 72 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent 6,910,499 (Chan).
In Re claim 1 Chan discloses a refillable fluid container (4) for storing a pressurized fluid (Column 1, line 39), comprising a bottle (4) comprising: a sidewall defining an inner volume(shown in Figure 1), a port arranged at an axial end of the bottle opening through which valve body 2 extends), and a valve assembly (2) affixed to the bottle at the port the valve assembly comprising: a guide body extending axially into the bottle (body extending into bottle shown in Figure 1); a valve pin (514) configured to; in an open position allow a fluid to flow past the valve pin into the guide body (fluid moving past valve pin into portion 512 of guide body is shown in Figure 17); a float (320) configured to move and a linkage coupled to the float, wherein movement of the float causes the valve pin to move between the open position and a closed position (Figures 17 and 18).
In Re claim 55 Chan discloses a guide body (portion of body containing passageways 512) which constrains the movement of the float (320, shown in Figure 17).
In Re claim 56 Chan discloses a float (320) having an annular cross section enclosing a portion of the guide body (bolt shown surrounded by the float in Figure 18).
In Re claim 57 Chan discloses a valve guide body (portion containing passageways 512)) which extends into the bottle past the valve pin (Figure 18).
In Re claim 58 Chan discloses a valve guide body (portion including bolt which restrains float 320) which extends into the bottle past the float (Figure 18).
In Re claim 60 Chan discloses a valve pin (514), a guide body (portion containing passageways 512), and a float (320) arranged along a common axis (Figure 18).
In Re claim 61 Chan discloses a valve pin (514), a guide body (portion containing passageways 512), and a float (320), and a bottle (4) ( arranged along a common axis (Figures 1 and 18).
In Re claim 62 Chan discloses a guide body comprising a hinge point; and the linkage comprises an arm configured to rotate about the hinge point (shown in Figure 12).
In Re claim 63 Chan discloses a container wherein a port comprises internal threads and a valve assembly comprises external threads (27); and the external threads engage with the internal threads to affix the valve assembly to the port (Column 6, lines 10-15).
In Re claim 64 Chan discloses a port opening at a predetermined pressure to provide pressure relief (Column 13, line 65-Column 14, line 12).
In Re claim 68 Chan discloses a refillable fluid container (4); and a filling head (inherent in the filling operation described) configured to engage the valve assembly and supply the fluid under pressure to the valve assembly, wherein movement of the valve pin to the closed position prevents overfilling (Column 7, lines 20-50).
Chan as applied to claim 1 above performs the method of claim 71 during ordinary use and operation.
Chan as applied to claim 1 above performs the method of claim 72 during ordinary use and operation.
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) 67, 70, and 73 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chan.
In Re claim 67 Chan discloses many limitations, but doesn’t disclose a float which is lighter than a liquid phase of carbon dioxide. It would have been an obvious matter of design choice to manufacture the float of the Chan apparatus to float on top of any type of fluid which a user wishes to store in container 4.
In Re claims 70 and 73 Chan discloses many limitations, but does not disclose carbon dioxide. It would have been an obvious matter of design choice for one of ordinary skill in the art at the effective filing date of the invention to use the Chan method of operation to store any desired pressurized gas.
Allowable Subject Matter
Claims 59, 65, 66, and 69 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
THIS ACTION IS MADE FINAL. 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 JASON KAROL NIESZ whose telephone number is (571)270-3920. The examiner can normally be reached M-F 9-5 EST.
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/JASON K NIESZ/Primary Examiner, Art Unit 3753