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
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 17563593, filed on 28 December 2021.
Information Disclosure Statement
The information disclosure statement filed 9 September 2024 fails to comply with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609 because the information disclosure statement does not contain any references for review casing the document to be blank. It has been placed in the application file, but the information referred to therein has not been considered as to the merits. Applicant is advised that the date of any re-submission of any item of information contained in this information disclosure statement or the submission of any missing element(s) will be the date of submission for purposes of determining compliance with the requirements based on the time of filing the statement, including all certification requirements for statements under 37 CFR 1.97(e). See MPEP § 609.05(a).
Claim Objections
Claim 3 is objected to because of the following informalities:
Throughout the claim, “the nozzle side member” should be amended to –the cylindrical nozzle side member--.
Line 1, “joint including” should be amended to –joint, including--.
Lines 2 and 5, “with a flow path” should be amended to –having a flow path--.
Line 5, “the cylindrical filling apparatus side member” should be amended to –the filling apparatus side member--.
Lines 3 and 6, “opens” should be amended to --opening--.
Line 22, “are mounted” should be amended to –is mounted--.
Line 23, “the valve body” should be amended to –a valve body--.
Appropriate correction is required.
Claim 5 is objected to because of the following informalities:
Throughout the claim, “the closing member” should be amended to –the closing member holding mechanism--.
Line 8, “end, of the closing member, separated” should be amended to -- end of the closing member separated --.
Appropriate correction is required.
Claim 8 is objected to because of the following informalities:
Line 3, a period is needed at the end of the limitation. Appropriate correction is required.
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: “closing member holding mechanism” in claims 3 and 5, “a protruding portion” in claim 3, “an extension portion” in claim 4, “disk-shaped member” in claim 3, “a long member” in claim 5, and “a rotation locking member” in claim 5.
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 3, 4-5 and 8 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.
In re claim 3, Lines 27 and 28, the phrase “can be”, or “can”, or “could be” renders the scope of the claim unclear because “can” is susceptible to more than one plausible construction. The verb form of the word “can” carries multiple meanings in the English language. It can be used to indicate a physical ability or some other specified capability, or it can be used to indicate a possibility or a probability. Therefore, it is not clear whether the limitation refers to a capability that is required to be present in the invention, or whether it refers to a capability that is a mere possibility that is not required.
Claim 3 recites the limitation "a valve body (plug side valve body)" in line 14. The limitation is unclear if the component is referred to a valve body or if it is preferred for the component to be referred as a “plug side valve body”. It is recommended to refer to the component as one term and carry the component name through the rest of claim 3 and the dependents. For purposes of examination, the limitation will be considered as “a valve body”.
Claim 5 recites the limitation "the other end" in lines 9, 13, and 19. There are two ends are described for the long member. While it is partially understood which end the “other end” entails, it is unclear within the limitation which end the “other end” is used to cooperate with the rotation locking member. For purposes of examination, the limitation will be considered as the end of the long member that extends to an end of the vicinity of an end of the closing member.
Claim 5 recites the limitation "an end of the closing member" in line 17. The limitation is unclear if the end of the closing member is the same end recited in line 8 or another end of the closing member. For purposes of examination, the limitation will be considered as the same end of the closing member.
Claim 5 recites the limitation "other ends to rotate" in line 21. The limitation is unclear as only two ends are recited for the rotation locking member. However, line 21 recites multiple where it is not clear which end of the rotation locking member is the other ends. For purposes of examination, the limitation will be considered as both ends of the rotation locking member.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter: The closest piece of prior art is Kato (JP 2006097874 A) in view of Ochi (JP 201490520 A).
Regarding Claim 3:
Kato discloses a safety joint (51, Figure 9, the safety is joint is an emergency release coupling), comprising:
a cylindrical nozzle side member (69, Figure 9, the plug is the cylindrical nozzle side member) with a flow path (69D, Figure 9, the plug-side passage is the flow path) formed inside, a shutoff valve (64, Figure 9) of the nozzle side member opening when the nozzle side member is connected (Paragraphs [0096] and [0099], the nozzle side member when connected with the filling apparatus side member is opened) to a filling apparatus side member (52, Figure 9, the casing unit is the filling apparatus side member); and
the cylindrical filling apparatus side member (52, Figure 9) with a flow path (56, Figure 9) formed inside, a shutoff valve (61, Figure 9) of the filling apparatus side member opening when the filling apparatus side member is connected (Paragraph [0091], the shutoff valve of the cylindrical filling apparatus side member is open when connected) to the nozzle side member (69, Figure 9);
and when the nozzle side member (69, Figure 9) is disconnected from the filling apparatus side member (52, Figure 9), the shutoff valves of the nozzle side member and the filling apparatus side member close (Paragraphs [0095] and [0099]), said safety joint (51, Figure 9) characterized in that:
central axes of the flow paths of the nozzle side member and the filling apparatus side member are arranged orthogonally (Figure 9, the axes of the flow paths (O3 and O4) are arranged orthogonally);
the nozzle side member (69, Figure 9) has a protruding portion (75 and 69A, Figure 9) with a diameter smaller than a region in which a valve body (plug side valve body) (65, Figure 9) is housed (Figure 9, the protruding portion has a smaller diameter than a valve body), and the protruding portion (75 and 69A, Figure 9) is formed with a through hole (69E, Figure 9) that communicates the flow path (69D, Figure 9) of the nozzle side member (69, Figure 9) and the flow path (56, Figure 9) of the filling apparatus side member (52, Figure 9);
the filling apparatus side member (52, Figure 9) has an opening portion (58, Figure 9) into which the protruding portion (75 and 69A, Figure 9) of the nozzle side member is inserted, the opening portion (58, Figure 9) extending in a direction orthogonal to the flow path of the filling apparatus side member (Figure 9, the opening portion is orthogonal to the flow path (56));
in the flow path (56, Figure 9) of the filling apparatus side member (52, Figure 9) are mounted a support member (62, Figure 9, the relay rod is the support member) that supports the valve body (61B, Figure 9) of the shutoff valve (61, Figure 9) on the filling apparatus side so as to be separated from a valve seat (61A, Figure 9) and an elastic body (61C, Figure 9) that presses the valve body (61B, Figure 9) toward the opening portion (58, Figure 9) side when the nozzle side member is connected to the filling apparatus side member (Paragraphs 0089-0091]);
said safety joint (51, Figure 9) further incudes: a rod (77B and 77A, Figure 9) that can be inserted into the opening portion (58, Figure 9) of the filling apparatus side member (52, Figure 9) and can be brought into contact with a tip (75, Figure 9, the piston is the tip) of the protruding portion (75 and 69A, Figure 9) of the nozzle side member (69, Figure 9); a disk-shaped member (77E, Figure 9, the rod-guide is the disk-shaped member) fixed to the rod (77B, Figure 9); an elastic member (77D, Figure 9) for urging the rod and the disk-shaped member in a direction that the nozzle side member comes off (Paragraph [0105], the elastic member urges the rod in a direction towards the nozzle side member), and an outer diameter of the disk-shaped member is larger than an inner diameter of the opening portion of the filling apparatus side member (Figure 9, the outer diameter of the disk-shaped member is larger than the opening portion); and
said safety joint (51, Figure 9) further incudes a closing member holding mechanism (77F, Figure 9, the cover is the closing member holding mechanism) that holds the disk-shaped member (77E, Figure 9) and the rod (77B, Figure 9).
Ochi teaches a coupling, comprising:
an elastic member (14, Figure 2) that urges the slidable closing member in a direction that the nozzle side member (2, Figure 2) comes off (Paragraph [0028]).
Kato and Ochi fails to make obvious or does not disclose:
said safety joint characterized in that:
said safety joint further incudes a closing member holding mechanism that holds the disk-shaped member and the rod at a position separated from the nozzle side member when the nozzle side member and the filling apparatus side member are connected.
The limitation in the last four lines of the claim in view of all other limitations of claim 3 are not taught by the prior art of record. Any additional reference used to further teach the closing member holding mechanism would cause hindsight as the Kato reference would operate differently to what is required of claim 3.
Claims 4-5 and 8 are objected to as being dependent on claim 3.
However, a full determination of allowability will be made once all rejections and objections are overcome with further search and considerations.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Takezawa (US 11644154 B2) teaches a safety joint comprising a cylindrical nozzle side member, a cylindrical filling apparatus side member, the flow paths, shutoff valves, and an opening portion.
Dunton (US 2689754 A) teaches a safety coupling comprising a decompression mechanism.
Taylor (US 4921281 A) teaches a safety connection comprising flow paths, an opening portion and a plug.
Takezawa 2 (US 11965615 B2) teaches a pipe joint comprising a side member, the flow paths, shutoff valve, and an opening portion.
Cuzydlo (US 8485235 B2) teaches a receiver with valves comprising a side member, a filling apparatus side member, the flow paths, shutoff valves, an elastic member and an opening portion.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHANIE A SHRIEVES whose telephone number is (571)272-5373. The examiner can normally be reached Monday to Friday: 9:30AM to 5:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kenneth Rinehart can be reached at (571) 272-4881. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STEPHANIE A SHRIEVES/Examiner, Art Unit 3753
/Timothy P. Kelly/Primary Examiner, Art Unit 3753