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 4 September 2024 fails to comply with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609 because the information disclosure statement is blank where it does not contain any references. 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 6 is objected to because of the following informalities:
Throughout the claim, “the nozzle side member” should be amended to –the cylindrical nozzle side member--.
Lines 3 and 6, “opens” should be amended to --opening--.
Line 5, “the cylindrical filling apparatus side member” should be amended to – the filling apparatus side member --.
Line 5, “with a flow path” should be amended to –having a flow path--.
Line 22, “are mounted” should be amended to –is mounted--.
Line 23, “the valve body” should be amended to –a valve body--.
Line 24, “the valve seat” should be amended to –a valve seat--.
Line 28, “a space” should be amended to –the space--.
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: “decompression mechanism” in claim 6, “opening portion closing member” in claims 6-7, “protruding portion” in claim 6, and “extension portion” in claim 6.
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 6-7 and 9-10 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.
In re claim 6, Line 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 Rejections - 35 USC § 103
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.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 6 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Kato (JP 2006097874 A) in view of Takezawa (US 20190017616 A1).
Regarding Claim 6:
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) having a diameter smaller than a region in which a 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 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)), and an extension portion (59, Figure 9, the mounting portion is the extension portion) having a space (59A, Figure 9) in which the opening portion (58, Figure 9) is extended in the opposite direction of the nozzle side member is provided (Figure 9, the extension portion extends opposite of the nozzle side member);
in the flow path (56, Figure 9) of the filling apparatus side member (52, Figure 9) is mounted a support member (62, Figure 9, the relay rod is the support member) that supports a 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 an opening portion closing member (77A, Figure 9, the spool valve body is the opening portion closing member) that can slide in the space (59A, Figure 9) of the extension portion (59, Figure 9) and the opening portion (58, Figure 9) of the filling apparatus side member (52, Figure 9), and an elastic member (77D, Figure 9) that urges the opening portion closing member (77A, Figure 9) in a direction that the nozzle side member comes off (Paragraph [0105], the elastic member urges the opening portion closing member in a direction towards the nozzle side member).
Kato does not disclose:
said safety joint further incudes a decompression mechanism for reducing a pressure at the opening portion of the filling apparatus side member.
Takezawa teaches a safety joint (100, Figure 1), comprising:
said safety joint (100, Figure 1) further incudes a decompression mechanism (30, Figure 1) for reducing a pressure at the opening portion of the filling apparatus side member (Paragraphs [0031], [0049] and [0051], the pressure is reduced at the opening portion (21C) of the filling apparatus side member (20)).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Kato to include said safety joint further incudes a decompression mechanism for reducing a pressure at the opening portion of the filling apparatus side member as taught by Takezawa with the motivation to prevent high pressure hydrogen rapidly injecting into the hose during the decoupling and causing the hose to unexpectedly move and potentially injure a person.
Regarding Claim 9:
Kato discloses:
the opening portion (58, Figure 9) of the filling apparatus side member (52, Figure 9).
Kato does not disclose:
wherein a sealing material is arranged at the opening portion of the filling apparatus side member.
Takezawa teaches:
wherein a sealing material (SS1 and SS2, Figure 2, the O-rings are the sealing material) is arranged at the opening portion (21C, Figure 2) of the filling apparatus side member (20, Figure 2).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Kato to include a sealing material is arranged at the opening portion of the filling apparatus side member as taught by Takezawa with the motivation to prevent a leak between the plug and socket that could cause issues during refueling.
Allowable Subject Matter
Claims 7 and 10 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The closest pieces of prior art are Kato (JP 2006097874 A) in view of Takezawa (US 20190017616 A1).
Regarding Claim 7:
Claim 7 depends from claim 6 where Kato and Takezawa teach the safety valve. Claim 7 contains the limitation “a small hole formed in the opening portion closing member and a decompression through hole provided at an end of the extension portion on a side separated from the nozzle side member” where in view of all other limitations of claims 1 and 7 are not taught by the prior art of record. The addition of the small hole and a decompression through hole would modify both Kato and Takezawa where significant changes to the structure of the safety nozzle would occur.
Claim 10 is objected to as being dependent on claim 7.
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 2 (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 (US4921281 A) teaches a safety connection comprising flow paths, an opening portion and a plug.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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