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 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.
DETAILED ACTION
Election/Restrictions
Applicant’s election without traverse of Species 02a-5, claims 1-11, in the reply filed on August 4, 2026 is acknowledged.
Claims 12-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim.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 August 4, 2026.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant's cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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 of this title, 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.
Claim 1-11 are rejected under 35 U.S.C. 103 as being unpatentable over Gavalis et al. (U.S. Pubcliation 2021/0007586, hereinafter “Gavalis”) and in further view of Takahashi (U.S. Publication 2004/0196364).
As to Claim 1-3, 6, and 8-11, Gavalis discloses a valve assembly in Figs. 1A-1B and analogous embodiments in Figs. 2A-3D for a medical device, comprising:
a valve body (110) in [0020] having an air inlet passage (114) in [0022] and Fig. 1B, an air outlet passage (112) in [0022] and Fig. 1B, a water inlet passage (118) in [0022] and Fig. 1B, and
a water outlet passage (116) in [0022] and Fig. 1B;
a valve cap having an air hole (222) in [0024] and Fig. 1E; and
a valve stem connected (220) in [0022] and Fig. 1E to the valve cap and configured to translate within the valve body between an upper position and a lower position, the valve stem comprising:
an air inlet surround the air hole,
a central lumen (224) in [0024] and Figs. 2A-2B extending from the air inlet in the valve stem to the air hole in the valve cap, and
an air outlet lumen (232) in [0024]-[0025] and Figs. 2A-2B extending from the central lumen to a side wall of the valve stem, the air outlet lumen configured to fluidly communicate with the air outlet passage of the valve body when the valve stem is in the upper position.
Although the valves (100) and (200) are disclosed as separate embodiments, it would be obvious to one of ordinary skill in the art at the time of invention that various configurations of valve stems and valve caps would be usable together as long as not provided in mutually exclusive arrangements in order to fulfill the same function of air and fluid communication through a valve body with predictable results.
As to Claim 4, Gavalis discloses the valve assembly of claim 2, wherein the air outlet seal is a flexible seal (234) in [0025] formed of a material with a durometer less than the durometer of a material forming the valve stem.
As to Claim 5, Gavalis discloses the valve assembly of claim 1, further comprising:
an upper seal (234) in [0025] extending circumferentially around the valve stem at an axial position above the air outlet lumen and below the valve cap, the upper seal having a wiper flange contacting the valve body when the valve stem is positioned within the valve body.
As to Claim 7, Gavalis discloses the valve assembly of claim 1, further comprising:
a middle seal (236) in [0025] extending circumferentially around the valve stem at an axial position below the air outlet lumen and above the air inlet, the middle seal having a wiper flange contacting the valve body when the valve stem is in the lower position within the valve body.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM B CHOU whose telephone number is (571) 270-3367. The examiner can normally be reached on M-F 9 am - 6 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Carey can be reached on (571) 270-7235. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WILLIAM CHOU/
Examiner, Art Unit 3795
/MICHAEL J CAREY/Supervisory Patent Examiner, Art Unit 3795
