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 3-9 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 3 recites the limitation of vertical plates provided upright to face each other. Claim 2 (from which claim 3 depends) recites the limitation of first and second mounting units. Based on the applicant’s disclosure, these mounting units appear to comprise vertical plates. It is not clear how the vertical plates of claim 3 relate to the mounting units of claim 2.
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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent 6,585,016 (Falligant).
In Re claim 1 Falligant discloses a chemical supplier comprising a bottle (8) storing a fluid and comprising a discharge port formed at a lower portion thereof (bottle neck opening shown in Figure 14), a reservoir (sump of vaporizer device, Column 6, line 38) comprising an inlet (passageway 102) formed at an upper portion thereof, the inlet being fluidically connected to the discharge port (connection shown in Figure 15), to receive the fluid to be supplied, which comprising an outlet formed at one portion thereof to supply the fluid outward (portion of device which feeds anesthetic to the vaporizer, Abstract), a joint assembly of a mutual cognition structure (filler valve assembly 124), which is provided between the bottle and the reservoir to control physical coupling between the bottle and the reservoir, and a guide casing storing the bottle in a removable manner and supporting the bottle and the reservoir connected to each other by the joint assembly in a connected state (inner surface 132 of which supports the bottle during filling).
In Re claim 10 Falligant discloses a joint assembly comprising a first cognition unit formed at the bottle (indexing structure 38a and 38b) and comprising a groove (space between indexing ridges 38a and 38b meets the limitation of a groove) fixed at a position and a second cognition unit formed at the reservoir and comprising a coupling key (portion of spout 126 between indexing grooves 134) of which a position is changeable to correspond to the position of the coupling groove (since the filling spout 126 is mounted separably to the anesthetic vaporizer, it could be exchanged for one having a different positioning of the coupling key, meeting the limitation that the position of the coupling key be changeable).
Allowable Subject Matter
Claims 2-9 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Patent 6,684,922 discloses a liquid filling apparatus having a casing which holds a bottle in relation to a reservoir.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Craig Schneider can be reached at 571 272 3607. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JASON K NIESZ/Primary Examiner, Art Unit 3753
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