DETAILED ACTION
Final
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 .
Response to Amendment/Arguments
Claims 1-19 are pending. Claims 2-19 are currently amended. The amendments to the claims have overcome all of the rejections under 35 USC 112 second paragraph, except for the rejection to claim 1. Further clarification is required as discussed below.
Applicant remarks that the claims are not anticipated by Beer. In particular applicants remarks regarding section 1, are not found persuasive, as Beer clearly teaches the claim limitations and the remarks are not commensurate in scope with the limitations, and appear to be narrowly tailored to read limitations from the written description into the claim language.
In particular, Applicant remarks that the flexible washer of Beer is not resiliently engaging the sealing surface, but respectfully, that cannot be the case as the washer will necessarily flex/bend based on its material properties (rubber) when bending to allow the air to escape and then return to its held position when not actuated (these remarks provided merely to address applicants arguments and are in no way provided to introduce any new grounds of rejection.)
Beer discusses this as previously cited, Col 4 ln 37-43, and also see ln 58-61. The remarks on page 13 first paragraph are not persuasive because applicant is arguing limitations not clearly present in the claims, and the arguments are narrowly tailored to argue that such a limitation is not inherent in the operation of the flexible washer of Beer, but that cannot be the case as the washer is fixed on the center as shown (and previously discussed), and the outside flexes away from and back towards the sealing surface based on the force applied by the air as it escapes (see as previously indicated figure 4 for the air path and flexing action/force.)
Remarks section 2 are not persuasive either, as they are narrowly tailored (to an unclaimed “staking”) and do not address the clear teaching that results in such as noted by the office.
This action must be made final.
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 1-19 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 recites “a number of retaining surfaces positioned between the sealing surface and the venting surface”. It is unclear and/or uncertain (i.e. there appears to be a zone of uncertainty) from a reading of the claim as to what is intended by the term/phrase/idea and how such a term/phrase/idea should be interpreted.
In other words, a review of the figures and written description shows that the venting surface is cylindrical hole (260 figure 2D) off to one side of the retaining surfaces (230) with the retaining surfaces arranged around the central axis of the retaining portion and with the sealing surface (270) radially outwards of the venting surface and the central axis, so it is unclear how or in what way the retaining surfaces are so arranged between the surfaces as claimed?
Comment: in the remarks in the response filed on 5/22/3036, applicant merely points to the figures and written description ph 0022-0024 but there is no clarity as to how the claimed features are supported in the written description, and it appears applicant is remarking that the retaining surfaces are positioned fluidly between the sealing surface and the venting surface, and not merely via an axial coordinate system.
In the interest of compact prosecution, the term/phrase will be given its broadest reasonable interpretation. Appropriate correction is 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)(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.
(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) 1-19 is/are rejected (as indefinitely understood) under 35 U.S.C. 102 (a)(1)/(a)(2) as being anticipated by Beer (US 8434633.)
Beer discloses in claim 1: (see at least annotated figure 9 below)
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A valve body structure (520 figure 9) of a valve device (at 1002) comprising: a sealing surface (at 40 where 40 includes an oil surface for increasing the sealing effect between surfaces); a venting surface (at 34) defining a ventilation relief opening through which air (Col 1 ln 15) can flow from inside of the valve device to outside of the valve device (and via 14); and a number of retaining surfaces (at 1004a,b/1006a,b;1008a,b) positioned (axially) between the sealing surface and the venting surface, wherein the retaining surfaces cooperate together to (i) secure in place a rubber washer (24 is rubber Col 4 ln 58-61, where it is noted that 25 is the same construction as that of figure 2’s septum 24 (along with apparent thickness)) that allows air from inside of the valve device to flow around the rubber washer to outside of the valve device when air is flowing through the ventilation relief opening from inside of the valve device to outside of the valve device (for air flow action see figure 4), and (ii) prevents debris from outside of the valve device from reaching the ventilation relief opening (the valve is a vent check valve and seals when closed to allow only one way air flow as discussed and shown, the use of debris including contaminated ambient atmosphere that would prevent ingress Col 4 ln 37-63.)
Beer discloses in claim 2: The valve body structure according to claim 1, wherein the number of retaining surfaces includes (i) a first retaining surface (at 1004a) that engages an inner perimeter surface (at 1004b) on one major side surface of the rubber washer, and (ii) a second retaining surface (at 1006a) that engages an inner perimeter surface (at 1006b) on an opposite major side surface of the rubber washer.
Beer discloses in claim 3: The valve body structure according to claim 2, wherein the first retaining surface comprises a first planar surface (at 1004a is planar), and the second retaining surface comprises a second planar surface (at 1006a is also planar) that is substantially parallel to the first planar surface (the surfaces are parallel to one another in planar fashion.)
Beer discloses in claim 4: The valve body structure according to claim 3 further comprising: a third retaining surface (at 1008a) comprising a third planar surface (cylindrical planar surface as far as a cylindrical surface can be planar) that extends transverse to the first and second planar surfaces to form a U-shaped groove (36 forms a U-shaped annular groove…) in which the inner perimeter surfaces of the rubber washer are disposed such that the inner perimeter surfaces resiliently engage the first and second planar surfaces (see figure 2) to provide an interference fit that secures in place the rubber washer (Col 5 ln 39-42 where 36 holds 24 in place, where features of figure 2 apply to figure 9 as discussed Col 8 ln 20-35.)
Beer discloses in claim 5: The valve body structure according to claim 4, wherein the sealing face resiliently engages an outer perimeter surface of the rubber washer (at end 24) when the inner perimeter surfaces of the rubber washer (at 1004b,1006b) are resiliently engaging the first and second planar surfaces to provide the interference fit that secures in place the rubber washer (as shown.)
Beer discloses in claim 6: The valve body structure (520 figure 9) of a valve device (at 1002) for enabling a rubber washer (24) to function as a weather-sealing check valve (i.e. to seal the inside of the packaging from the ambient atmosphere or “weather” as a check valve), the valve body structure comprising: a sealing surface (surface at 40); and a non-threaded portion (36/38) arranged to allow an outer perimeter surface of the rubber washer (at 32/24A) to resiliently engage the sealing surface without using fasteners and thereby to enable the rubber washer to function as a weather-sealing check valve (Col 8 ln 20-63 where the valve is preloaded via the curvature of the base wall and will open at the threshold pressure.)
Beer discloses in claim 7: The valve body structure according to claim 6, wherein the non-threaded portion includes a post portion (at 36) and a cross portion (at 38) that extends perpendicular to the post portion to form a T-shape (as shown.)
Beer discloses in claim 8: The valve body structure according to claim 7, wherein the post portion has a circumferential U-shaped groove (at 1004a/1006a/1008a as defined) in which an inner perimeter surface of the rubber washer resiliently engages to provide an interference fit that secures in place the rubber washer (as shown and discussed Col 5 ln 39-42.)
Beer discloses in claim 9: The valve body structure according to claim 8, wherein the sealing surface comprises a circumferential sealing surface (opposed to 24a) having a longitudinal central axis (at 1010a.)
Beer discloses in claim 10: The valve body structure according to claim 9, wherein (i) the circumferential sealing surface lies in an outer plane (at 1012a), and (ii) the circumferential U-shaped groove lies in an inner plane (at 1014) that is substantially parallel to the outer plane (as shown) and offset from the outer plane (axially) such that the circumferential sealing surface resiliently engages the outer perimeter surface of the rubber washer (as discussed above) when the inner perimeter surface is interference-fitted in the circumferential U-shaped groove (as shown.)
Beer discloses in claim 11: The valve body structure according to claim 9, wherein the post portion has a longitudinal central axis (1010b) that is concentric with the longitudinal central axis (1010a) of the circumferential sealing surface.
Beer discloses in claim 12: The valve body structure (520 figure 9) comprising: a venting surface (of 34) lying in a first plane (at 1016 as far as the cylindrical surface can be in a two dimensional flat plane) and defining a ventilation relief opening (ends of 34) through which air can flow from inside of the valve device to outside of the valve device (and also via 14 and see figure 4 for air flow action); a sealing surface (at 40/24A) lying in a second plane (at 1012b) that is substantially parallel to the first plane (as shown); and a first retaining surface (at 1004b) lying in a third plane (at 1018) that lies (axially) between the first and second planes and is substantially parallel to the first and second planes (as shown), wherein the first retaining surface and the sealing surface cooperate together to secure in place a rubber washer (Col 5 ln 39-42 where 36 holds 24 biasingly in place, where features of figure 2 apply to figure 9 as discussed Col 8 ln 20-35.)
Beer discloses in claim 13: The valve body structure according to claim 12 further comprising: a second retaining surface (at 1006b) lying in a fourth plane (at 1020) that lies adjacent the third plane and between the first and second planes and is substantially parallel to the first and second planes (as shown.)
Beer discloses in claim 14: The valve body structure according to claim 13, wherein the first and second retaining surfaces define at least in part a U-shaped groove (along with 1008b) in which a portion of the rubber washer is disposed to secure in place an inner diameter portion of the rubber washer (as discussed Col 5, id).
Beer discloses in claim 15: The valve body structure according to claim 13, wherein the first and second retaining surfaces cooperate together to provide an interference fit that secures in place an inner diameter portion of the rubber washer (as discussed Col 5, id.)
Beer discloses in claim 16: The valve body structure according to claim 13, wherein (i) the first and second retaining surfaces define at least in part a U-shaped groove (1004b, 1006b and 1008b combine to form the U-shaped annular groove there about 36) in which a portion of the rubber washer is disposed, and (ii) the first and second retaining surfaces cooperate together to provide an interference fit that secures in place an inner diameter portion of the rubber washer (Col 5 id.)
Beer discloses in claim 17: [An apparatus that is formed via..] A method of securing a rubber washer (24 figure 9) to a valve body structure (5t20) to provide a weather-sealing check valve (i.e. to seal the inside of the packaging from the ambient atmosphere or “weather” as a check valve; Col 8 ln 20-63 where the valve is preloaded via the curvature of the base wall and will open at the threshold pressure), the method comprising: stretching the rubber washer in vicinity of a central opening (at 24B) of the rubber washer to allow the rubber washer in the vicinity of the central opening to be wrapped around a retaining portion (38) of the valve body structure (see Col 5 ln 45-60); and manipulating the stretched rubber washer to allow the rubber washer to snap-in place around the retaining portion of the valve body structure to secure in place the rubber washer and thereby to provide the weather-sealing check valve in which air can flow in only one direction from inside of the valve device to outside of the valve device (as discussed.)
Beer discloses in claim 18: The method according to claim 17, wherein stretching the rubber washer in vicinity of a central opening of the rubber washer to allow the rubber washer in the vicinity of the central opening to be wrapped around a retaining portion of the valve body structure includes: stretching the rubber washer in vicinity of a central opening (at 24B) of the rubber washer to allow the rubber washer in the vicinity of the central opening to be wrapped around a non-threaded retaining portion (at 36) of the valve body structure.
Beer discloses in claim 19: The method according to claim 17 further comprising: releasing the snapped-in place rubber washer to allow an outer perimeter surface (at 24A) of the rubber washer to resiliently engage (Col 8 ln 20-63 where the valve is preloaded via the curvature of the base wall and will open at the threshold pressure ) a sealing surface (at 40) of the valve body structure such that air flows through a gap between the sealing surface and the outer perimeter surface when air is flowing in the only one direction from inside of the valve device to outside of the valve device (as discussed and see figure 4 for air flow action.)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Bonde (US 5067449) discloses a breather valve with flexible washer; Boelkins (US 6062248) discloses a flexible annular washer membrane with center post; Takehana (US 11105429) discloses a flexible membrane valve with staking in a u-shaped configuration of the central anchor location.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW W JELLETT, whose telephone number is 571-270-7497. The examiner can normally be reached on Monday-Friday (9:30AM-6:00PM EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisors can be reached by phone. Ken Rinehart can be reached at (571)-272-4881, or Craig Schneider can be reached at (571) 272-3607. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Matthew W Jellett/Primary Examiner, Art Unit 3753
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