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 .
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-4, 10, 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hirata (US 8100153).
Regarding claim 1-4, 10, Hirata teaches a lower portion 42 (fig. 4) defining a first internal cavity 47 and an open end; and a neck portion 43 defining a second internal cavity 45, wherein the neck portion has an outer dimension which is smaller than an outer dimension of the lower portion, and wherein the neck portion is configured, in use, to extend through a lower ring 21 of a float cage 10a of the air release valve; wherein the lower portion 42 and neck portion 43 are integrally formed or fixed relative to each other, such that the first and second internal cavities are provided in communication with each other; a retaining portion 44 which is releasably fixed to the neck portion (the valve is seen as the “retaining portion” and can be “released” or removed at least once); wherein the retaining portion 44 is shaped and configured, in use, to be received by the float cage, in arrested fashion, such that the retaining portion is operatively retained within the float cage 10a, thereby retaining the float relative to the float cage; wherein the lower portion and neck portion are both substantially cylindrical and wherein a transition between the lower and neck portions defines a step; wherein the second cavity 45 is a blind cavity.
Claim Rejections - 35 USC § 103
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hirata (US 8100153), as applied to claim 1 above, in view of Lang (US PG-pub 20120037834).
Regarding claim 15, Hirata fails to disclose a float according to claim 1, manufactured from a plastics material selected from the list comprising high-density polyethylene (HDPE) and ultra-high molecular weight polyethylene (UHMWPE).
Lang teaches valve components including the float member being of HDPE for the purpose of both have benefits in preventing the float material from melting under transient conditions (para. 0031).
It would have been obvious to one of ordinary skill in the art, at the time of filing, to employ in Hirata a float made of HDPE, as taught by Lang, for the purpose of both have benefits in preventing the float material from melting under transient conditions.
Allowable Subject Matter
Claims 5-9, 11, 12, 14, and 16-26 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: Hirata fails to disclose wherein the retaining portion has an outer dimension which exceeds an outer dimension of the neck portion.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to P. MACADE NICHOLS whose telephone number is (571)270-5428. The examiner can normally be reached Mon-Fri 9:00-5:00 P.M..
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/P. MACADE NICHOLS/Primary Examiner, Art Unit 3753