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
Claims 25-30 have been withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on June 18, 2026.
Applicant’s election without traverse of Group I, Claims 11-24 in the reply filed on June 18, 2026 is acknowledged.
Applicant's election with traverse of Species V in the reply filed on June 18, 2026 is acknowledged. The traversal is on the ground(s) that Species S, T, U, V, W, and Y (FIGS. 21A-26) all illustrate a similar pressure compensating member and are covered by the limitations recited in claims 11-24. That is, claims 11-24 are generic to Species S, T, U, V, W, and Y. This is found persuasive. The Examiner hereby corrects the Species V to include Figs. 21A-26.
Claim Objections
Claim 13 is objected to because of the following informalities: Claim 13 recites "the projection". However, since the limitation refers to "at least one projection" introduced in claim 12, it is suggested to amend the limitation to -the at least one projection-.. Appropriate correction is required.
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 11-24 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.
The term “…substantially about a perimeter…” in claim 11 is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claims 12-24 are also rejected under 112(b) because of dependency on claim 11.
The term “…predominantly positioned in a downstream half…” in claim 16 is a relative term which renders the claim indefinite. The term “predominantly” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Does predominantly mean more than 50% of their physical volume? Does it mean their center of mass? Does it mean most of the individual projections if there are many? As a result, the Examiner cannot properly construe the metes and bound of the limitations.
Claims 15 and 16 recites the limitations "the first projections” and “the second projection". There is insufficient antecedent basis for this limitation in the claim. In order to maintain antecedent basis, the limitations must mirror the exact language introduced in claim 14: “the first of the at least two projections” and “the second of the at least two projections.”
Allowable Subject Matter
Claims 11-24 would be allowable if rewritten or amended 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.
The following is an examiner's statement of reasons for allowance:
Regarding claim 11, the closest prior art references Ensworth et al. (US 2015/0041563 A1) in view of Daigle et al. (US 6,015,102) disclose almost all the structural elements recited in the claims. However, the combination of these references fails to teach elements: "the pressure compensating member has a second operation state impeding the first operation state when grit at the constriction reduces the second cross-sectional flow area below a threshold, causing a build-up of internal pressure on the first side of the flexible floor upstream of the constriction which moves the flexible floor to increase the second cross- sectional flow area to flush the grit and return the pressure compensating member to the first operation state."
Furthermore, the Examiner found no additional reference that would render the claimed invention obvious without impermissible hindsight.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOEL ZHOU whose telephone number is (571)270-1163. The examiner can normally be reached Mon-Fri 9AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ARTHUR HALL can be reached at 5712701814. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JOEL . ZHOU
Primary Examiner
Art Unit 3752
/QINGZHANG ZHOU/ Primary Examiner, Art Unit 3752
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