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 to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description:
Paragraph 0057 of Published Application US 2025/0229966 recites “the minimal length pi of a path”. However, Figure 5 does not show a reference number pi or π. Rather, the letters “lp” is shown.
Paragraph 0065 recites “As is illustrated for example, in FIG 5, the spacers 33 have rounded edges 35…” However, this is inaccurate, as Figure 6 shows these reference numbers.
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 § 112
Claims 1-14 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 includes the limitation “equipped to be fastened to a flexible package material”. This language has been evaluated under the three-prong test set forth in MPEP § 2181, subsection I, but the result is inconclusive. Thus, it is unclear whether this limitation should be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it is unclear what exactly is the intended meaning of the term.
The pressure relief valve includes structures such as the energy directing rib (18) as part of the annular end face (16). However, it is unclear if the term ‘equipped’ intends to claim such a structure OR if the pressure relief valve is simply configured to be fastened to a flexible package material without the inclusion of such a structure. In other words, it is not understood if the term ‘equipped to be fastened’ necessarily includes the structural features for the attachment to flexible packaging material.
The boundaries of this claim limitation are ambiguous; therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
In response to this rejection, applicant must clarify whether this limitation should be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. Mere assertion regarding applicant’s intent to invoke or not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph is insufficient. Applicant may:
(a) Amend the claim to clearly invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, by reciting “means” or a generic placeholder for means, or by reciting “step.” The “means,” generic placeholder, or “step” must be modified by functional language, and must not be modified by sufficient structure, material, or acts for performing the claimed function;
(b) Present a sufficient showing that 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, should apply because the claim limitation recites a function to be performed and does not recite sufficient structure, material, or acts to perform that function;
(c) Amend the claim to clearly avoid invoking 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, by deleting the function or by reciting sufficient structure, material or acts to perform the recited function; or
(d) Present a sufficient showing that 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, does not apply because the limitation does not recite a function or does recite a function along with sufficient structure, material or acts to perform that function.
Claims 2-14 are rejected as dependent on a rejected base claim.
The following is presented to applicant as suggested EXAMINER’S PROPOSED DRAFT AMENDMENT which would overcome the indefiniteness rejection above.
(Examiner’s Proposed Amendment) A pressure-relief valve having a bottom and a circumferential wall, said cup shaped main body configured to be fastened to a flexible package material ;
the bottom having at least one through hole forming a passage through the main body;
a valve membrane lying against the main body on a package side in a region around the at least one through hole; and
a sealing liquid disposed between the main body and the valve membrane; wherein
the bottom, on the package side, has a system of grease grooves for accommodating a portion of the sealing liquid;
the system of grease grooves comprising at least one outer grease groove having a main portion running in a circumferential direction and having a radial extension extending from the main portion inward in a radial direction.
(Examiner’s Proposed Amendment- Clean) A pressure-relief valve comprising:
a cup shaped main body having a bottom and a circumferential wall, said cup shaped main body configured to be fastened to a flexible package material;
the bottom having at least one through hole forming a passage through the main body;
a valve membrane lying against the main body on a package side in a region around the at least one through hole; and
a sealing liquid disposed between the main body and the valve membrane; wherein
the bottom, on the package side, has a system of grease grooves for accommodating a portion of the sealing liquid;
the system of grease grooves comprising at least one outer grease groove having a main portion running in a circumferential direction and having a radial extension extending from the main portion inward in a radial direction.
Claim 9 recites the limitation "at least one component of the valve" in the first line. There is insufficient antecedent basis for this limitation in the claim as both the “Pressure relief valve” and the “valve membrane” is recited in independent Claim 1 and it is unclear which component is being referred to in Claim 9.
Allowable Subject Matter
Claims 1-14 would be allowable if rewritten or amended to overcome the rejection under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter: The present claims recite a system of grease grooves as shown in Figure 5 that include an inward radial extension (25). Prior art check valves intended for flexible packaging bags typically have concentric grease grooves as seen in Hollenstein (US 4444219) Elements 5 and 6. These radial extensions are recited to provide better control of the adhesion forces provided by the silicone lubricant or grease.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GIDEON R. WEINERTH whose telephone number is (571)270-5121. The examiner can normally be reached Monday-Friday 10AM-6PM 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, Orlando Aviles can be reached at (571) 270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GIDEON R WEINERTH/Examiner, Art Unit 3736
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