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 .
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.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 20 Jan 2026 has been entered.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 2 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Powell et al (US 9841145) in view of Burns (US 2705578).
Regarding Claim 1, Powell et al disclose an inflator (Figures 1-3C; Col 3, lines 9-11), The inflator comprising:
an inflating head (housing 12 generally) provided with an inlet hole (see Annotated Figure A) and an insertion hole (see Annotated Figure A) communicating with the inlet hole along a first reference axis (see Annotated Figure A with the first reference axis along axis A of Figure 2),
wherein an inner circumference of the inlet hole has an inner thread formed thereon (18; Col 3, line 63), and wherein the inflating head (housing 12 generally) is further provided with an annular airtight member (see Annotated Figure A) disposed in the inlet hole (see Annotated Figure A) and adjacent to the insertion hole (see Annotated Figure A), and an outlet hole (at least one of the exhaust ports identified as 14 in Figure 2) extended along a second reference axis (see Annotated Figure A) not parallel to the first reference axis (see Annotated Figure A with the first reference axis along A of Figure 2) and communicating with the insertion hole (see Annotated Figure A); and
a piercing member (26 generally) arranged in the insertion hole (see Annotated Figure A) and movable along the first reference axis (along axis A of Figure 2) between a first position (Figure 3A) and a second position (Figure 3B),
wherein when the piercing member (26) is in the first position (Figure 3A), the spiking portion (see Annotated Figure A) is distant from the inlet hole (Figure 3A);
wherein when the piercing member (26) is in the second position (Figure 3B), the spiking portion (see Annotated Figure A) passes through the airtight member and enters the inlet hole (Figure 3B);
wherein an inner circumference of the insertion hole (see Annotated Figure A) is provided with a first threaded portion (along C2; Col 4, lines 52-56), wherein an outer circumference of the piercing member (26) is provided with a second threaded portion (along 36): and
wherein the outer circumference of the piercing member (26) is fitted with an O-ring (see Annotated Figure A) arranged between the spiking portion (see Annotated Figure A) and the second threaded portion (along 36) and abutted against the inner circumference of the insertion hole (see Annotated Figure A), and wherein the O-ring (see Annotated Figure A) is disposed on one side of the outlet hole opposite to the inlet hole and positioned so as not to cover the outlet hole (Figures 3A through 3C),
but fails to expressly disclose wherein the piercing member is provided with a conically shaped spiking portion and wherein the piercing member is manually rotatable relative to the insertion hole and includes an operation portion protruding out of the inflating head for manual rotation.
Burns teaches a piercing member (14) wherein the piercing member (14) is provided with a conically shaped spiking portion (Figure 3; Col 3, lines 15-17) and wherein the piercing member (14) is manually rotatable relative to the insertion hole (13) and includes an operation portion (15a) protruding out of the inflating head (the inflating head disclosed by Powell et al as the housing 12, with the housing 4 of Burns equivalent to the inflating head of Powell et al) for manual rotation (via thumb screw 15a of Figure 2).
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 piercing member to be conically shaped since a change in shape of an element involves only routine skill in the art. The motivation for doing so would be to provide a shape that allows for use of available material.
Additionally, 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 piercing member of Powell et al with the piercing member as taught by Burns for the advantage of combining prior art elements according to known methods (a manual piercing member of Burns within the system of Powell et al) to yield predictable results (to allow for manual operation of the valve, especially in the event the automatic operation is unpowered or undercharged).
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Annotated Figure A - Powell et al
Regarding Claim 2, Powell et al disclose where the second threaded portion (along 36) is threadedly engaged with the first threaded portion (along C2; Figure 2).
Regarding Claim 6, Powell et al disclose where the first reference axis (along axis A of Figure 2) and the second reference axis (see Annotated Figure A) are perpendicular to each other (see Annotated Figure A).
Claim(s) 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Powell et al (US 9841145) in view of Burns (US 2705578) in further view of Graham (US 3560027).
Regarding Claim 4, Powell et al disclose where the inflating head (housing 12 generally) is connected to a valve connector (30 connected to the valve of the system of Figure 2) freely rotated around the second reference axis (Col 3, line 31 disclose a swivel elbow which as seen in Annotated Figure A, would be rotated around the second reference axis) and inserted into the outlet hole (Figure 2 into 14 of Figure 2),
But fails to expressly disclose wherein the valve connector is provided with a valve thread and a valve airtight ring therein, wherein the valve thread is disposed adjacent to one end of the valve connector opposite to the inflating head, and wherein the valve airtight ring is adjacent to and connected to one end of the valve thread adjacent to the insertion hole.
Graham teaches a fluid connector (Figures 1-2 generally at 14) where the connector is provided with a valve thread (34’) and a valve airtight ring (28) therein, wherein the valve thread (34’) is disposed adjacent to one end of the valve connector opposite to the inflating head (Figure 2 where the body of Graham at 12 would be related to the inflating head (12 of Powell et al) such that the end 24 of Graham would be inserted into the body 12 of Powell et al), and wherein the valve airtight ring (28) is adjacent to and connected to one end of the valve thread adjacent to the insertion hole (Figure 2 where the body of Graham at 12 would be related to the inflating head (12 of Powell et al) such that the end 24 of Graham would be inserted into the body 12 of Powell et al and thus the ring 28 would be adjacent the insertion hole of Powell et al).
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 system of Powell et al, as modified by Burns, with the connector as taught by Graham for the advantage of allowing sliding and rotation of the connection without the possibility of damaging threads, as taught by Graham (Col 3, lines 14-21).
Regarding Claim 5, Powell et al, as modified by Burns, teach all essential elements of the current invention as discussed above but fails to expressly teach wherein the valve connector is provided with an annular recess formed on an outer circumference thereof, wherein the inflating head is connected to two pins, which are inserted parallel to a radial direction of the second reference axis into the inflating head and extend into the outlet hole and the annular recess.
Graham teaches wherein the connector (Figures 1-2; generally at 14) is provided with an annular recess (26; Figure 2) formed on an outer circumference thereof (Figure 2), wherein the inflating head (inflating head 12 of Powell et al as related to body of Graham at 12) is connected to two pins (46 and 47 in Figure 1), which are inserted parallel to a radial direction of the second reference axis (Figure 1 with the second reference axis extending along the length of 14) into the inflating head (inflating head 12 of Powell et al as related to body of Graham at 12) and extend into the outlet hole (outlet hole 16; Figure 2) and the annular recess (26; Figure 2).
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 system of Powell et al, as modified by Will, with the connector as taught by Graham for the advantage of allowing sliding and rotation of the connection without the possibility of damaging threads, as taught by Graham (Col 3, lines 14-21).
Response to Arguments
Applicant’s amendment has overcome the rejection of record. However, a new ground of rejection is applied to the amended claims.
Applicant argues that Powell et al would teach away from any modification that provides for manual operation of the piercing member. However, Powell et al recognizing an advantage of the structure of the valve does not constitute a teaching away, as preferred embodiments do not constitute a teaching away from a broader disclosure or nonpreferred embodiments. Here, the automatic operation of the valve of Powell et al is not a teaching away.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., gradual, controlled penetration or adjustable gas release) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Therefore, these arguments are unpersuasive.
Conclusion
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/NICOLE GARDNER/
Examiner, Art Unit 3753