DETAILED ACTION
Introduction
1. The previous grounds of rejection are withdrawn and new grounds are presented below over newly found prior art reference US 5,497,892 (Takatsuki). Accordingly, this action is Non-Final.
Response to Arguments
2. Applicant’s arguments with respect to claims 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 102
3. 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.
4. Claims 1-3 and 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 5,497,892 (Takatsuki).
Regarding claim 1, Takatsuki teaches a fill cap comprising:
a cap body (21);
a well (40) formed within the cap body;
a non-venting center hole (57; Examiner notes the instant Specification notes that the non-venting center hole still does vent small quantities of air in para. [0039], and as such, no specific level of venting performance, or additional physical structure, differentiates the claimed non-venting center hole from that found in Takatsuki; Applicant is encouraged to claim the specific structural features which render the hole non-venting) positioned at a center of the cap body (see central location in Figures 2 and 4); and
a weep hole (56) provided through a bottom wall (58) of the well (see location of 56 in 58 in Figures 2 and 4).
Regarding claim 2, the cap body is configured to receive a shut-off valve (the cap body could receive a shut off valve threaded into the non-venting hole 57 in a manner similar to that shown in Figure 3).
Regarding claim 3, the non-venting center hole comprises interior threads (62) for coupling the shut-off valve to the cap body (capable of use in the intended manner by providing threading).
Regarding claim 5, the cap body is configured to receive a quick connect adapter (the cap body could receive a quick connect adapter threaded into the non-venting hole 57 in a manner similar to that shown in Figure 3).
Claim Rejections - 35 USC § 103
5. 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.
6. Claims 8, 9, 21-24, and 26 are rejected under 35 U.S.C. 103 as being unpatentable over US 5,497,892 (Takatsuki) in view of Official Notice (see MPEP 2144.03).
Regarding claim 8, Takatsuki fails to teach that the cap body further comprises a vent hole positioned upward from the well.
However, the reference teaches a vent slot (54) which effectively becomes a hole when covered on the top end by element (30). Moreover, Examiner notes the reference does not provide any criticality as to the shape, beyond it functioning as a vent.
Examiner takes Official Notice that it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the cap body of Takatsuki, providing a vent hole in place of a vent slot, motivated by the use of an equivalent venting structure through simple substitution thereof, having a predictable outcome absent a teaching of an unexpected result.
Regarding claim 9, the cap body further comprises a ridged grip (46 comprising ridges 50) and the vent hole is positioned thereon (see location of 54 on 46 in Figure 1).
Regarding claim 21, Takatsuki teaches a fill cap comprising:
a cap body (21);
a well (40) formed within the cap body;
a non-venting center hole (57; Examiner notes the instant Specification notes that the non-venting center hole still does vent small quantities of air in para. [0039], and as such, no specific level of venting performance, or additional physical structure, differentiates the claimed non-venting center hole from that found in Takatsuki; Applicant is encouraged to claim the specific structural features which render the hole non-venting) positioned at a center of the cap body (see central location in Figures 2 and 4);
a ridged grip (46 and 50), but fails to teach:
a vent hole positioned on the ridged grip and upward from the well.
However, the reference teaches a vent slot (54) located on the ridged grip (46 comprising ridges 50) which effectively becomes a hole when covered on the top end by element (30). Moreover, Examiner notes the reference does not provide any criticality as to the shape, beyond it functioning as a vent.
Examiner takes Official Notice that it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the cap body of Takatsuki, providing a vent hole in place of a vent slot, motivated by the use of an equivalent venting structure through simple substitution thereof, having a predictable outcome absent a teaching of an unexpected result.
Regarding claim 22, the cap body is configured to receive a shut-off valve (the cap body could receive a shut off valve threaded into the non-venting hole 57 in a manner similar to that shown in Figure 3).
Regarding claim 23, the non-venting center hole comprises interior threads (62) for coupling the shut-off valve to the cap body (capable of use in the intended manner by providing threading).
Regarding claim 24, the cap body is configured to receive a quick connect adapter (the cap body could receive a quick connect adapter threaded into the non-venting hole 57 in a manner similar to that shown in Figure 3).
Regarding claim 26, further comprising a weep hole (56) provided through a bottom wall (58) of the well (see location of 56 in 58 in Figures 2 and 4).
Allowable Subject Matter
7. Claims 6 and 25 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.
8. The following is a statement of reasons for the indication of allowable subject matter:
Regarding each of claims 6 and 25, Takatsuki fails to teach that the cap body comprises an adapter protrusion extending from the bottom wall of the well and into an interior of the well, wherein an interior surface of the adapter protrusion is formed by the non-venting center hole, and wherein an exterior surface of the adapter protrusion comprises threads coupling the quick connect adapter to the cap body. Examiner notes what could be an adapter protrusion (element 46) is identified above as part of the ridged grip, and further it would not be obvious to provide external threads at this location.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES N SMALLEY whose telephone number is (571)272-4547. The examiner can normally be reached M-F 9:00 am to 6:00 pm.
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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.
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/JAMES N SMALLEY/Examiner, Art Unit 3733
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