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 .
Election/Restrictions
Applicant’s election without traverse of Species II(a), Figs. 6-8 and 10-11 in the reply filed on 01/15/2026 is acknowledged. Claims 1-2 and 4-12 are pending. Claims 7-8 are withdrawn from further consideration as being drawn to a nonelected species.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 03/07/2024 and 12/08/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because of the following:
Reference character “63h” has been used to designate both through hole and the space adjacent to the recess portion in Fig. 8.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112(b)
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 1-2, 4-6 and 9-12 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 1 recites “a sealing member...being in annular contact with an outer surface of the lower pipe portion at an installation position”, this is unclear. What is an installation position? Is this while the sealing member is installed on the pipe or while the replacement component is being moved into the outer container? Are they the same at either time? Does the applicant mean an installed position? Or is this an intermediary position? Is there another position the structures move to?
Claim 1 recites “a tubular body holding the sealing member and being supported by the lower pipe portion via the sealing member located at the installation position”, this is unclear. As stated above it is unclear what is meant by the installation position. How does the tubular body hold the sealing member and also be supported by it? These limitations appear to be contradictory. Does the applicant mean the tubular body surrounds the sealing member which is mounted on the lower pipe portion? Is there some type of engagement between the tubular body and the sealing member? Snap-fit, adhesive, etc.? The relationship between these structures is unclear.
Claim 1 recites “wherein the tubular body is moveable relative to the spacer member”, this is unclear. Is this during every position or just the installation position as the tubular member is previously recited as being supported by the sealing member which is slidable/moveable during the installation position. Does this mean the tubular body is not attached to the spacer member or just that the spacer member is flexible?
Claim 4 recites “wherein the lower surface of the spacer member is an inclined surface whose height decreases as a distance from the lower pipe portion increases”, this is unclear. What is the frame of reference for this distance? Is it a horizontal distance? A vertical distance? Is it measured from the outer wall of the lower pipe portion? Where the lower pipe portion terminates? It is unclear.
Claim 9 recites “wherein the lower lip portion has a first outer peripheral surface to which a first internal pressure inside the bag is applied, and wherein the first outer peripheral surface is exposed to a space inside the bag”, this is unclear. It is unclear if this is claiming more than the results of the lower lip portion being in the interior or the bag. Is the first internal pressure someone directed to the first outer peripheral surface or will the first outer peripheral surface experience the pressure as it is in the interior or the bag?
Claim 11 recites “wherein the tubular body includes: a tubular portion holding the sealing member”, this is unclear. As stated above it is unclear how the tubular body is holding the sealing member.
Claim 12 recites “making the sealing member into in annular contact with an outer surface of the lower pipe portion at an installation position”, this is unclear. What is an installation position? Does the applicant mean an installed position? Or is this an intermediary position? Is there another position the structures move to? Is this just the fully seated position?
Claim 12 recites “a tubular body holding the sealing member”. As stated above it is unclear how the tubular body holds the sealing member.
Claim 12 recites “the sealing member attached to the lower pipe portion, the tubular body supported by the lower pipe portion via the sealing member” How does the tubular body hold the sealing member and also be supported by it? These limitations appear to be contradictory. Does the applicant mean the tubular body surrounds the sealing member which is mounted on the lower pipe portion? Is there some type of engagement between the tubular body and the sealing member? Snap-fit, adhesive, etc.? The relationship between these structures is unclear.
Due to the lack of clarity the examiner is unable to determine the relationship between recited structures.
Claims not specifically mentioned are included due to their dependencies.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lauren Kmet whose telephone number is (313)446-4834. The examiner can normally be reached M-F 9am-6pm.
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, Anthony Stashick can be reached at (571) 272-4561. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/L KMET/Examiner, Art Unit 3735
/Anthony D Stashick/Supervisory Patent Examiner, Art Unit 3735
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