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.
Election/Restrictions
Applicant’s election without traverse of Species C in the reply filed on January 22, 2026 is acknowledged.
Claims 6 and 7 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on January 22, 2026.
Applicant is reminded that upon the cancelation of claims to a non-elected invention, the inventorship must be corrected in compliance with 37 CFR 1.48(a) if one or more of the currently named inventors is no longer an inventor of at least one claim remaining in the application. A request to correct inventorship under 37 CFR 1.48(a) must be accompanied by an application data sheet in accordance with 37 CFR 1.76 that identifies each inventor by his or her legal name and by the processing fee required under 37 CFR 1.17(i).
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “fluid supply module outputting a fluid according to a predetermined pressure and flow pulsation signal” and “a fluid receiving device…wherein the fluid receiving device receives the fluid output by the fluid supply module through the switching unit” in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-5 and 8-10 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 “wherein, when a gas outputted from the fluid supply module is supplied to the first path to pressurize a gas volume of the first path, the pressurized gas volume is instantly released to the fluid receiving device through the second path, so that a volume within the fluid receiving device is changed.” The scope of “instantly” is unclear as there is a finite amount of time required for the pressurized gas to traverse the distance. More importantly, the valve in the switching unit needs to be in the open position for the gas to move from the first path to the second path and eventually to the fluid receiving device. So, the recited condition (“when a gas outputted from the fluid supply module is supplied to the first path to pressurize a gas volume of the first path”) is not what causes the pressurized gas to be released to the fluid receiving device through the second path. Also, claims 4 and 5 require a fluid charge-discharge control module that has an additional valve. The valves in both the switching unit and the fluid charge-discharge control module need to be open for the pressurized gas to be released to the fluid receiving device.
Claim 5 recites “the fluid charge-discharge control unit”. This limitation lacks clear antecedent basis in the claims and it is unclear what the scope of the limitation encompasses.
Claim 8 recites “further comprising a pressure regulating space, wherein the pressure regulating space is connected to the first path, wherein, when the switching unit is turned on, the fluid volume in the pressure regulating space is pressurized and is transmitted to the switching unit, and then transmitted to the fluid receiving device through the second path.” The pressure regulating space (40) in Figs. 4-6 is connected to the first path. But the volume is not pressurized when the switching unit is turned on, it is pressurized when the fluid supply module (pump) is turned on.
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.
Claims 1-3, 8, and 10 (as understood) are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Uno (US Patent Number 10,882,430).
Re claim 1, Uno discloses a pulsation control device, comprising: a fluid supply module (pump 11) outputting a fluid according to a predetermined pressure and flow pulsation signal; a switching unit having a form of a switch (valve 12); a first path (the path up from pump 11 and over to valves 12 as shown in Fig. 2) being connected between the fluid supply module and the switching unit; a second path (the outlets to valves 12 to the right of the valves as shown in Fig. 2) having an end connected to the switching unit; and a fluid receiving device (air bags 7) connected to an other end of the second path, the switching unit located between the first path and the second path, wherein the fluid receiving device receives the fluid output by the fluid supply module through the switching unit; wherein the switching unit is connected to the first path and the second path to control an open state or a closed state between the first path and the second path (see col. 3, lines 32-39); wherein, when a gas outputted from the fluid supply module is supplied to the first path to pressurize a gas volume of the first path (and the valve is open to permit flow from the first path to the second path), the pressurized gas volume is released to the fluid receiving device through the second path, so that a volume within the
fluid receiving device is changed.
Re claim 2, Uno discloses the pulsation control device according to claim 1, wherein the fluid supply module is a pump (11), and the fluid receiving device is an air bag (7).
Re claim 3, Uno discloses the pulsation control device according to claim 1, wherein the switching unit is a solenoid (electromagnetic) valve (see col. 3, lines 32-33), a solenoid, a motor-controlled distribution valve, or a piezoelectric valve.
Re claim 8, Uno discloses the pulsation control device according to claim 1, further comprising a pressure regulating space (the path leading to and including output portion 20), wherein the pressure regulating space is connected to the first path (see Fig. 2), wherein,
when the switching unit (presumably the pump of the fluid supply module) is turned on, the fluid volume in the pressure regulating space is pressurized and is transmitted to the switching unit, and then transmitted to the fluid receiving device through the second path (when the valve of the switching unit is turned on and permits flow from the first path to the second path).
Re claim 10, Uno discloses the pulsation control device according to claim 8, wherein the switching unit is provided with a second outlet, and the second outlet is connected to an atmosphere to release a gas in the fluid volume into the atmosphere through the second outlet (the 3-way valves 12 have a vent to atmosphere, see col. 3, lines 32-39).
Claims 1 and 3 (as understood) are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pappers (US Patent Number 5,135,282).
Re claim 1, Pappers discloses a pulsation control device, comprising: a fluid supply module outputting a fluid according to a predetermined pressure and flow pulsation signal (pressurized air that will flow through conduit 12 when switch 11 is operated, see col. 3, lines 11-14); a switching unit having a form of a switch (solenoid valve in pulsation device 13); a first path (pipe 12) being connected between the fluid supply module and the switching unit; a second path (downstream of 13 leading to chambers 4, 5, 6, 7, 8, 9) having an end connected to the switching unit; and a fluid receiving device (starting with chamber 4) connected to an other end of the second path, the switching unit located between the first path and the second path, wherein the fluid receiving device receives the fluid output by the fluid supply module through the switching unit (see Fig. 1); wherein the switching unit is connected to the first path and the second path to control an open state or a closed state between the first path and the second path (see col. 3, lines 25-41); wherein, when a gas outputted from the fluid supply module is supplied to the first path to pressurize a gas volume of the first path (and the valve in the switching unit is open), the pressurized gas volume is released to the fluid receiving device through the second path, so that a volume within the fluid receiving device is changed.
Re claim 3, Pappers discloses the pulsation control device according to claim 1, wherein the switching unit is a solenoid valve (see col. 3, lines 25-27), a solenoid, a motor-controlled distribution valve, or a piezoelectric valve.
Claims 1, 2, 4, and 5 (as understood) are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dorfler et alia (US Patent Application Publication 2020/0368092), hereinafter “Dorfler”.
Re claim 1, Dorfler discloses a pulsation control device (see the embodiment of Fig. 2A), comprising: a fluid supply module (pump 10) outputting a fluid according to a predetermined pressure and flow pulsation signal; a switching unit (12, 14) having a form of a switch; a first path being connected between the fluid supply module and the switching unit (path from the outlet of pump 10 to switching unit 12, 14); a second path (from the outlet of switching unit through 20 and 16) having an end connected to the switching unit; and a fluid receiving device (6) connected to an other end of the second path, the switching unit located between the first path and the second path, wherein the fluid receiving device receives the fluid output by the fluid supply module through the switching unit (see Fig. 2A); wherein the switching unit is connected to the first path and the second path to control an open state or a closed state between the first path and the second path (by valves 14); wherein, when a gas outputted from the fluid supply module is supplied to the first path to pressurize a gas volume of the first path, the pressurized gas volume is released to the fluid receiving device through the second path (depending on the state of valves 14 and the vibration generating device 20), so that a volume within the fluid receiving device is changed.
Re claim 2, Dorfler discloses the pulsation control device according to claim 1, wherein the fluid supply module is a pump (10), and the fluid receiving device is an air bag (6).
Re claim 4, Dorfler discloses the pulsation control device according to claim 1, further comprising a fluid charge-discharge control module (20, 26), wherein the fluid charge-discharge control module is disposed between the switching unit and the fluid receiving device (see Fig. 2A).
Re claim 5, Dorfler discloses the pulsation control device according to claim 4, wherein the fluid charge-discharge control unit is an electrical control unit (it appears that the control of the generator of the low-frequency vibration meets this limitation, see paragraphs [0006], [0008], and [0009]), and the fluid charge-discharge control unit includes at least one control circuit (part of the control unit) and at least one valve (26) with switching function.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 9 (as understood) is rejected under 35 U.S.C. 103 as being unpatentable over Uno in view of Pappers.
Uno discloses the pulsation control device according to claim 8, but fails to disclose the fluid receiving device has a first outlet, and the first outlet is connected to an atmosphere so as to release a gas in the fluid volume into the atmosphere through the first outlet. Pappers discloses a similar pulsation control device and the fluid receiving device (4) has a first outlet (valve 16 leading to atmosphere), and the first outlet is connected to an atmosphere so as to release a gas in the fluid volume into the atmosphere through the first outlet (see col. 3, lines 65-68 and col. 4, lines 45-47). It would have been obvious to one having ordinary skill in the art before the effective filing date to have added the first outlet in Pappers to the fluid receiving device in Uno in order to deflate the chambers of the fluid receiving device and/or provide a safety function as taught by Pappers.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kishi, Kern, Onuma, Oberg, Bauer, and Norman disclose devices that appear to meet the scope of at least claim 1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Eric Keasel whose telephone number is (571) 272-4929. The examiner works a part-time schedule and can normally be reached on Monday, Tuesday, Thursday, and Friday.
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/ERIC KEASEL/Primary Examiner, Art Unit 3753