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 .
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 20-26, 28 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.
Regarding claim 20 line 11,” preferably” is used which makes the scope unclear.
Regarding claims 22, 23, 25, “and/or wherein” is used. This is a very nonstandard transitional phrase and it generally makes the claim construction unclear. Does the and/or apply to all limitations beyond the wherein clause or just the first? Additionally, claim 23 has “or wherein” later in the claim which makes it unclear what is required.
Regarding Claim 22 requires a second gasket when no first gasket is claimed.
Regarding claim 24 line 2, “preferably” is used which makes the scope unclear.
Regarding claim 28, “optionally” is used which makes the scope unclear.
It is noted that the claims are generally written in a manner where the scope of the claim appears to be not what the applicant intended. For example, claims 24 and 26 states that the device “comprises at least one of the following features” which means that the majority of the claim is not required.
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)(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.
Claim(s) 15,16, 22-24, 27-31 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by JP60-151163.
First circuit 37 with side opening 17a, first connecting portion 17, First piston/valve 18,11b with first gasket 29 second gasket 28 and conduit portion 18a, second circuit 38 with side opening 22a, second connecting portion 22, second valve/piston 23, 12a with first gasket 31 second gasket 30 and conduit portion 23a, third conduit portion 13
Claim(s) 15, 16, 22-24, 27-31 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Bowen (US 2074361)
First circuit 10 with side opening 52, first connecting portion 51, First piston/valve 57 with first gasket 58 second gasket 61 and conduit portion 53,54, second circuit 13 with side opening 72, second connecting portion 71, second valve/piston 77 with first gasket 78 second gasket 81 and conduit portion 73,74, third conduit portion 60
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.
Claim(s) 17,18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bowen (US 2074361).
Bowen discloses all the limitations of the claim except for the specific pressure level. It would have been obvious for a person of ordinary skill in the art at the time of the effective filing date of the claimed invention to have a threshold pressure of 1 bar as it would allow for ensuring actuation is intended and the system is capable of actuation but not requiring an unduly high threshold in order to have the balancing system operate as intended.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Robert A. Siconolfi whose telephone number is (571)272-7124. The examiner can normally be reached Monday-Friday 9am-5pm.
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, Joseph Thomas can be reached at 571-272-8004. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ROBERT A. SICONOLFI
Supervisory Patent Examiner
Art Unit 3616
/Robert A. Siconolfi/Supervisory Patent Examiner, Art Unit 3616
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