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 .
Drawings
The drawings are objected because in Figure 1, the reference number 12 appears to point to the cover surrounding part, while in Figure 2, the cover surrounding part is 112 and reference number 12 points to the stem. It appears that the number “12” in Figure 1 should be changed to “112” to be consistent with the specification and Figure 2.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 2, and 6-9 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by U.S. Pat. 3,164,288 to Boomgaard (hereinafter, “Boomgaard”).
Regarding claim 1, Boomgaard discloses a radiator cap (see e.g., Figs. 7-8) adapted to be mounted to a radiator opening (filling aperture 12, Fig. 7) and having an axis (annotated Fig. 7 below), said radiator cap (Fig. 7-8) comprising: a top cover unit (annotated Fig. 7) including a cover body (cap 20, Fig. 7) that is adapted to rotatably cover (col. 6, ll. 43-46) the radiator opening (filling aperture 12), a stem (annular projection 84, Fig. 8) that extends downwardly from said cover body (cap 20) along the axis (see Fig. 7), two positioning members (projections 24, Figs. 1-2) that are disposed respectively at opposite sides of the axis (see Figs. 1-2), that protrude inwardly from a periphery (Fig. 1) of said cover body (cap 20) toward the axis (see Figs. 1-2), and that are adapted to be fastened to the radiator opening (see Figs. 7-8), and a washer (disc member 50, Fig. 7) that is disposed in said cover body (cap 20) and that surrounds said stem (see Figs. 2, 7); an intermediate seat unit (annotated Fig. 7) disposed under and connected to said top cover unit (annotated Fig. 7), and including a connecting tube (annotated Fig. 7) that is coupled to said stem (annular projection 84) and that extends along the axis (annotated Fig. 7), and a connecting seat (annotated Fig. 7) that is connected to a lower end of said connecting tube (see Fig. 7), that surrounds the axis (annotated Fig. 7), and that has a plurality of guiding recesses (recesses formed between projections 98, see Fig. 7) equiangularly spaced apart from each other with respect to the axis (see Fig. 7); an output valve unit (annotated Fig. 7; see also Fig. 4) connected to a lower part of said intermediate seat unit (annotated Fig. 7), and including a valve seat (annotated Fig. 7) that is connected to a lower part of said connecting seat (annotated Fig. 7) and that is movable along the axis relative to said connecting seat (see Fig. 7), said valve seat (annotated Fig. 7) and said connecting seat (annotated Fig. 7) cooperatively defining an inner space (chamber 86 and space within neck 14, see Fig. 7), said valve seat (annotated Fig. 7) having a plurality of hook portions (ridges 48, Figs. 4, 7) that are respectively engaged with and movable along said guiding recesses (recesses formed between projections 98, see Fig. 7), and a valve hole (annotated Fig. 7) that is formed in a lower portion of said valve seat (annotated Fig. 7) and that is in fluid communication with said inner space (chamber 86 and space within neck 14, see Fig. 7), a valve disc (disc member 36, Figs. 4, 7) that is disposed under and connected to said valve seat (annotated Fig. 7), and a first spring (spring 58, Fig. 7) that is disposed within said inner space (chamber 86 and space within neck 14) for resiliently biasing said valve seat (annotated Fig. 7) away from said top cover unit (col. 3, ll. 50-54); and an input valve unit (annotated Fig. 7) connected to said output valve unit (annotated Fig. 7), movable along the axis (annotated Fig. 7) relative to said output valve unit (annotated Fig. 7), and including a pin rod (stem 64, Figs. 5, 7) that extends movably into said inner space (chamber 86 and space within neck 14) via said valve hole (annotated Fig. 7), and a second spring (spring 100, see Fig. 8) that is mounted between said valve seat (annotated Fig. 7) and a top portion of said pin rod (stem 64, see Fig. 8), and that is disposed for resiliently biasing a bottom portion of said pin rod (stem 64) to thereby abut against said valve disc (disc member 36) so as to close said valve hole (annotated Fig. 7; col. 5, ll. 50-53).
PNG
media_image1.png
531
1007
media_image1.png
Greyscale
Boomgaard Annotated Figure 7
Regarding claim 2, Boomgaard further discloses said cover body (cap 20), said stem (projection 84), and said positioning members (projections 24) of said top cover unit (annotated Fig. 7) are integrally made of a plastic material (col. 2, ll. 61-66); said connecting seat (annotated Fig. 7) and said connecting tube (annotated Fig. 7) of said intermediate seat unit (annotated Fig. 7) are integrally made of a plastic material (col. 2, ll. 61-66); said valve seat (annotated Fig. 7) of said output valve unit (annotated Fig. 7) is integrally made of a plastic material (col. 3, ll. 30-34); and said pin rod (stem 64) of said input valve unit (annotated Fig. 7) is integrally made of a plastic material (col. 6, ll. 6-23).
Regarding claim 6, Boomgaard further discloses said cover body (cap 20) of said top cover unit (annotated Fig. 7) has: a cover part (annotated Fig. 7) that has a bottom surface (bottom surface of member 80, see Fig. 7) from which said stem (annular projection 84) extends (see Fig. 7); a cover surrounding part (annotated Fig. 7) that extends downwardly (see Fig. 7) from an outer periphery of said cover part (annotated Fig. 7) and that has a bottom end (see Fig. 7) connected to said positioning members (projections 24); a partitioning part (annotated Fig. 7) that surrounds said stem (annular projection 84) and that is surrounded by said cover surrounding part (annotated Fig. 7); and two through holes (annotated Fig. 7; see also Fig. 1) that extend through said cover part (annotated Fig. 7) and that are respectively situated over said positioning members (projections 24, see Figs. 1, 7).
Regarding claim 7, Boomgaard further discloses said top cover unit (annotated Fig. 7) further includes a plurality of lugs (grip portions 26, Figs. 1, 7) that are equiangularly spaced apart from each other with respect to the axis (see Fig. 1) and that extend outwardly from said cover surrounding part (annotated Fig. 7; see also Fig. 1).
Regarding claim 8, Boomgaard further discloses two of said lugs (grip portions 26) are disposed respectively adjacent to said positioning members (projections 24, see Figs. 1, 7); and said top cover unit (annotated Fig. 7) further includes a plurality of reinforcing ribs (ribs near section line Z-Z in Fig. 1) disposed in said two of said lugs (grip portions 26).
Regarding claim 9, Boomgaard further discloses said cover surrounding part (annotated Fig. 7) of said cover body (cap 20) has two widened portions (annotated Fig. 7) that protrude from said bottom end of said cover surrounding part (annotated Fig. 7) and that are respectively connected to said positioning members (projections 24).
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.
Claims 5 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Boomgaard.
Regarding claim 5, Boomgaard further discloses said stem (annular projection 84) of said top cover unit (annotated Fig. 7) has a protruding portion (ridge 90, Fig. 7), and a surrounding recess (recess formed below ridge 88, Fig. 7) that surrounds the axis (annotated Fig. 7) and that is indented from outer peripheries of said protruding portion (ridge 90, see Fig. 7); and said connecting tube (annotated Fig. 7) of said intermediate seat unit (annotated Fig. 7) has a flange portion (flange 48, Fig. 7) that surrounds the axis (annotated Fig. 7) and that is rotatably engaged with said surrounding recess (recess formed below ridge 88, see Fig. 7).
Boomgaard does not expressly disclose the top cover unit has a plurality of protruding portions that are equiangularly spaced apart from each other with respect to the axis. Boomgaard teaches that the protruding portion (ridge 90) can flex such that it snaps into the surrounding recess to form an interlock (col. 4, ll. 49-64).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the radiator cap of Boomgaard to form the protruding portion as a plurality of equiangularly spaced protruding portions for the purpose of making it easier to snap into the surrounding recess, and because it has been held that a mere duplication of parts has no patentable significance unless a new and unexpected result is produced, and forming the protruding portion as multiple protruding portions would involve only routine skill in the art and yield the predictable result of permitting the protruding portions to snap into the surrounding recess (see MPEP 2144.04).
Regarding claim 10, Boomgaard further discloses said washer (disc member 50) is disposed between said cover surrounding part (annotated Fig. 7) and said partitioning part (annotated Fig. 7), and has a ridge portion (conically-shaped portion 54, Fig. 2) extending upwardly and surrounding the axis (see Fig. 7); and said ridge portion (conically-shaped portion 54) abuts against said cover part (annotated Fig. 7) of said cover body (cap 20).
Boomgaard does not expressly teach the ridge portion has a triangular cross-section. Boomgaard teaches that the ridge portion is a “conically-shaped portion 54” that extends upward to engage the bottom surface of the cover part (col. 3, ll. 40-49).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the radiator cap of Boomgaard to form the ridge portion with a triangular cross-section because it has been held that changes in shape are an obvious matter of design choice absent persuasive evidence that the particular claimed configuration is significant (MPEP 2144.04(IV)(B), citing In re Dailey, 149 USPQ 47). Applicant has not disclosed any criticality for the claimed limitation (see para. [0026]).
Allowable Subject Matter
Claims 3 and 4 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:
Regarding claim 3, Boomgaard does not disclose the connecting seat has an upper ring portion that extends outwardly from said connecting tube, a lower ring portion that is spaced apart from and disposed under said upper ring portion, and a surrounding wall portion that interconnects said upper ring portion and said lower ring portion and that surrounds the axis, or each of said guiding recesses is indented from an inner surface of said surrounding wall portion, and extends upwardly through said upper ring portion and extends outwardly through said surrounding wall portion. Instead, the connecting seat of Boomgaard has a ring portion that extends inwardly (see Fig. 7). It would not have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Boomgaard to have such an arrangement in combination with the other claim limitations without changing the principle of operation of that reference.
Claim 4 would be allowable through its dependence on claim 3.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
U.S. Pub. 2004/0011788 to Harris discloses a radiator cap having a top cover unit, a washer, a valve unit, and first and second springs (see Figs. 1-5).
U.S. Pub. 2003/0185276 to Reutter discloses a radiator cap having a top cover unit with an integral stem, an intermediate seat unit, a valve unit, and two springs (see Figs. 1-4).
U.S. Pat. 4,196,822 to Avrea discloses a radiator cap comprising a top cover unit, a washer, a valve unit, and a spring (see Figs. 1-15).
U.S. Pat. 4,185,751 to Moore et al. discloses a radiator cap having a top cover unit, a washer, an input valve unit, an output valve unit, and first and second springs (see Figs. 1-5)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAURA E. PARKER whose telephone number is (571)272-6014. The examiner can normally be reached Monday-Friday 8:00 am - 4:30 pm EST.
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, Nathan Jenness can be reached at 571-270-5055. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/LAURA E. PARKER/Examiner, Art Unit 3733