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 .
Response to Arguments
Applicant’s arguments with respect to independent claim(s) 1, 7, and 15 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.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the "plurality of bumps" must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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 § 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) 1-5, 7-9, 13, and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Topham et al. (US Patent No. 5,044,604 herein after Topham).
Re: Claim 1, Topham discloses the claimed invention including a shut off valve, comprising:
a domed valve (7) having a valve lip (13) about an outer circumferential edge (Fig. 6);
an interior surface (14);
an exterior surface (23);
a valve stem connection (24) extending off of the interior surface (Depicted in Fig. 6); and
a projection (17) extending off of the interior surface vertically away from the valve lip,
wherein the projection has a general triangular-shaped cross-section with a vertical wall (18) extending up (Depicted in Fig. 3, three-sided shape leading to a peak) and away from the valve lip and returning walls (16) sloping back towards the interior surface from a peak (17) of the vertical wall (Depicted in Figs. 3-4).
Re: Claim 2, Topham discloses the claimed invention including the interior surface is convex (at 16) (Fig. 6).
Re: Claim 3, Topham discloses the claimed invention including the interior surface has a concave slope (at 15) (Fig. 6).
Re: Claim 4, Topham discloses the claimed invention including the projection comprises a plurality of projections extending off of the interior surface (Figs. 3-4 depict the plurality).
Re: Claim 5, Topham discloses the claimed invention including a valve stem connection extending off of the interior surface (Depicted in Fig. 3 and 6).
Re: Claim 7, Topham discloses the claimed invention including a tap dispenser, comprising: a dispensing head (1) (Fig. 1) comprising an interior space (14) (Fig. 3); a first opening (at 8) in the dispenser head; a second opening (22) in the dispenser head opposite the first opening (Fig. 1); a button (9) seated in the first opening; a shut off valve (7) seated in the second opening (Fig. 1) and having an interior surface; the shut off valve (7) having a valve lip (13) about an outer circumferential edge an interior surface of the second opening in a closed position ( Depicted in Fig. 1); a projection (17) extending off of the interior surface vertically away from the valve lip and toward the first opening (Fig. 3, vertical wall 18 extends toward first opening), wherein the projection has a general triangular-shaped cross-section with a vertical wall (18) extending up (Depicted in Fig. 3, three sided shape leading to a peak) and away from the valve lip and returning walls (16) sloping back towards the interior surface from a peak (17) of the vertical wall (Depicted in Figs. 3-4); said projection disrupting a fluid flow over the interior surface (Depicted in Fig. 2 with arrows representing flow).
Re: Claim 8, Topham discloses the claimed invention including body (4) and a throat (8), the body connected to the throat and the throat connected to the dispensing head (Depicted in Fig. 1).
Re: Claim 9, Topham discloses the claimed invention including a valve stem (6) positioned between and in communication with the button and the shut off valve (Fig. 1).
Re: Claim 13, Topham discloses the claimed invention including the at least one projection comprises a plurality of bumps on the interior surface (Fig. 4 depicts a plurality of bumps at the bottom edge of the projections).
Re: Claim 14, Topham discloses the claimed invention including the at least one projection comprises a vertical face (18, vertical wall includes the vertical face) extending parallel to a central axis of the shut off valve from the interior surface towards the button (Fig. 3).
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) 15, 18, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Topham (US Patent No. 5,044,604) as applied to claim 7 above, and further in view of Driskell et al. (US Patent No. 11,312,613 herein after Driskell).
Re: Claim 15, the rejection from claim 7 above cover the limitations recited in this claim, and further Topham teaches an inlet (2) with threads for attaching a fluid carrying device (Fig. 1, Col 4, lines 16-17, attaches to fluid carrying conduit with threading) except for expressing disclosing a container. However, Driskell teaches attaching a shutoff valve(100A) attaching to a fluid conduit (902) of a container (900) (Fig. 11). It would have been obvious to one having ordinary skill in the art at the time of the effective filing date to include a container as taught by Driskell, since Topham teaches in col. 4, lines 16-18 conventional connection means such as threading for attaching to any fluid carrying conduit, and further adding the container of is well known in the art for providing a portable fluid carrying device such that the valve thus increasing the use cased for the shut off valve device.
Re: Claim 18, Topham discloses the claimed invention including the at least one projection comprises a plurality of bumps on the interior surface (Fig. 4 depicts a plurality of bumps at the bottom edge of the projections).
Re: Claim 19, Topham discloses the claimed invention including the at least one projection comprises a vertical face (18, vertical wall includes the vertical face) extending parallel to a central axis of the shut off valve from the interior surface towards the button (Fig. 3).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. References cited on the PTO-892 provide additional examples of shut off valves with unique configurations.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 CHARLES P. CHEYNEY whose telephone number is (571)272-9971. The examiner can normally be reached Monday - Friday, 8:00 am - 4:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Paul Durand can be reached at 571-272-4459. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHARLES P. CHEYNEY/Primary Examiner, Art Unit 3754