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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 05/22/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 17-28 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.
Claims 17 and 24 recite “ the cap comprising: fastening means for fastening the cap to a cartridge opening; and a valve configured to control liquid flow from inside the cartridge through the cartridge opening and the cap under negative pressure”, this is unclear. What is under negative pressure? The entire system? The interior of the cartridge? The cap? The specification recites “The ball may deform through compressive force” and “the injection pin may be arranged to apply a force and deform the ball. The ball is configured to be deformed such that it moves away from the closing ring, and allows for flow through the flow openings”, thusly a positive pressure is being applied to the ball (valve) to control the flow of liquid. Therefore, this limitation is unclear.
Claims 17 and 24 recite “wherein the valve is a deformable ball”, this is unclear. The valve is just a deformable ball? Does the applicant mean a ball valve? Does the applicant mean the valve includes a ball? Or a valve housing has a deformable ball within the housing for controlling flow when in a deformed state? As is shown in at least figures 6A and 6B as the valve is shown as 60 with the ball held within it. Or is this limitation directed to an embodiment that is not shown in the figures? It appears that essential structures have been omitted for the functionality of the valve, and as such it is unclear what structure or structures are required to meet this limitation.
Claim 18 recites “wherein the cap further comprises a pressure ring for securing one or more valve parts”, this is unclear. It is previously recited that the valve is a deformable ball, what are the “or more valve parts”?
Regarding claim 27, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
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.
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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