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 because shading is not allowed in the drawings unless it aids to the understanding of the invention (see MPEP 608.02V(m)). The shading in the drawings reduces legibility. Furthermore, the cross-sectional views should include cross-hatching (see MPEP 608.02V(h)(3)). Please further note that many of the cross-sectional views have both shading and cross-hatching and are objected to. For instance, Figure 2B. Completely blacked out sections are not allowed.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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
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 1-20 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 1, the preamble is unclear and indefinite. It is unclear and indefinite whether the limitations in the preamble are part of the pump head or the valve body. For examination purposes, the limitations will be read as part of the valve body.
Regarding claim 1, there are multiple bodies being claimed and it is unclear and indefinite which body is being referred to. Lines 1, 3, 5, and 8 claim both a pump head body and a valve body, but it is not clear which body is being claimed in each recitation. For examination purposes, the limitations will be read as: in line 1, --a valve body--, the first instance in line 2, --a pump body--, the second instance in line 2, --the valve body--, in line 5, --the valve body--, in line 8, --the valve body--.
Regarding claim 7, the limitation “the body” in line 3 is unclear and indefinite. It is unclear and indefinite whether the limitation refers to the pump body or the valve body. For examination purposes, the limitation will be read as the valve body.
Claim 7 recites the limitation "the surface" in lines 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "the circumference" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 10, the limitations “a seal member” in line 1 and “the seal member” in lines 2-3 are unclear and indefinite. Claim 10 depends on claim 1 which already claims a seal member. It is therefore unclear and indefinite if a new seal member is being claimed in claim 10. For examination purposes, the limitation will be read as --a second seal member--.
Regarding claim 10, the limitation “the projection” is unclear and indefinite. It is unclear and indefinite which projection is being referred to. For examination purposes, the limitation will be read as --the second projection--.
Regarding claim 11, the limitation “the seal member” in line 1 is unclear and indefinite. It is unclear and indefinite which seal member is being referred to. For examination purposes, the limitation will be read as --the second seal member--.
Regarding claim 11, the limitation “the body” is unclear and indefinite. As previously noted above, it is unclear and indefinite whether the pump head body or valve body is being claimed. For examination purposes, the limitation will be read as --the pump body--.
Regarding claim 12, the limitation “a first body having a cavity sized to receive the body” is unclear and indefinite. The limitation “the body” is either lacking antecedent basis, appears to be claimed in the wrong line, or is irrelevant. Line 7 claims a second body, referring to the valve. The valve is received in the pump head body as claimed in lines 8 and 9. For examination purposes, the limitation will be read as --a first body having a cavity--.
Regarding claim 18, the limitation “a seal member” is unclear and indefinite. Line 10 of claim 12 already recites a seal member. It is unclear and indefinite whether the seal member in claim 18 is the same or different from the seal member of claim 12. For examination purposes, the limitation will be read as --the seal-- and the limitation in claim 18, line 2, will be read as --the seal --.
Regarding claim 19, the limitation “wherein seal member” is unclear and indefinite. It is unclear and indefinite which seal member is being claimed. For examination purposes, the limitation will be read as --wherein the seal--.
Regarding claim 19, the limitation “a seal” in line 2 is unclear and indefinite. A seal has already been claimed and therefore it is unclear and indefinite whether a new seal is being claimed. For examination purposes, the limitation will be read as --wherein the seal and an outer surface of the second body are configured to cooperate when the valve is disposed within the cavity--.
Claims not specifically referenced are rejected as being dependent on a rejected base claim.
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, 2, 7-13, 18, and 19, as best understood, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Quintana (U.S. 2021/0285556).
Regarding claim 1, Quintana discloses:
A pump head (131) for a valve (210), the valve (210) having a valve body (210) with a circumferential slot (213) and a seal member (220) having a first projection (220A), the pump head (131) comprising: (see paragraphs 0081, 0095)
a pump body (131) having a cavity (137) sized to receive the valve body (210), the cavity (137) having at least one engagement member (141) at least partially disposed within the cavity (137), the at least one engagement member (141) being positioned to align with the circumferential slot (213) when the valve body (210) is disposed in the cavity 137 (see Figure 8; see paragraph 0090)
a second projection (160) disposed adjacent an end of the cavity (137), the second projection (160) being positioned to engage the first projection (220A) when the valve body (210) is disposed in the cavity 137
Regarding claim 2, Quintana discloses:
a flow pathway extending from the cavity (137) to a port (135), the second projection (160) being disposed at least partially within the flow pathway (see Figure 8; see paragraph 0087)
Regarding claim 7, Quintana discloses:
the cavity (137) includes a plurality of holes (142) extending through a side wall of the cavity (137), the plurality of holes (142) being axially positioned to align with the circumferential slot (213) when the valve body (210) is disposed in the cavity (137), each of the plurality of holes (142) having a first diameter and a second diameter, the second diameter being positioned at a surface of the cavity (137) and smaller than the first diameter (see Figure 8; see paragraphs 0092 and 0096)
Regarding claim 8, Quintana discloses:
wherein the at least one engagement member (141) comprises a plurality of spherical elements (141) disposed at least partially in the plurality of holes (142) and at least partially in the cavity (137), the spherical elements (141) having a largest diameter that is larger than the second diameter (see Figure 8; see paragraph 0092)
Regarding claim 9, Quintana discloses:
an elastomeric sleeve (170) disposed about a circumference of the spherical elements 141 (see paragraph 0092)
Regarding claim 10, Quintana discloses:
a second seal member (216) coupled to the cavity (137), the second seal member (216) being axially disposed between the at least one engagement member (141) and the first projection 220A
Regarding claim 11, Quintana discloses:
wherein the second seal member (216) is an o-ring positioned to engage the pump body (131) when the valve (210) is disposed within the cavity 137 (see Figure 8)
Regarding claim 12, Quintana discloses:
A system comprising:
a pump head (131) having: (see paragraphs 0081, 0095)
a first body (131) having a cavity 137 (see paragraphs 0081, 0095)
at least one engagement member (141) at least partially disposed within the cavity 137 (see paragraph 0092; see Figure 8)
a first projection (160) disposed adjacent an end of the cavity 137
a valve (210) having:
a second body (210) having a passageway and a circumferential slot (213), the circumferential slot (213) being positioned to receive the at least one engagement member (141) when the valve (210) is disposed in the cavity 137 (see paragraphs 0090)
a seal member (220) having a second projection (220A) movably disposed within the passageway (see paragraph 0095)
a seal (216) disposed within the passageway, the second projection (220A) being sized to engage the first projection (160) when the valve (210) is positioned within the cavity (137) and displace the seal member (220) from the seal 216 (see Figure 8; see paragraph 0095)
Regarding claim 13, Quintana discloses:
wherein the pump head (131) further comprises a flow pathway extending from the cavity (137) to a port (135), the second projection (220A) being disposed at least partially within the flow pathway (see paragraph 0087; see Figure 8)
Regarding claim 18, Quintana discloses:
wherein the pump head (131) further comprises the seal (216) at least partially disposed within the cavity (137), the seal (216) being axially disposed between the at least one engagement member (141) and the first projection 220A (see Figure 8)
Regarding claim 19, Quintana discloses:
wherein the seal (216) and an outer surface of the second body (210) are configured to cooperate when the valve (210) is disposed within the cavity 137 (see Figure 8)
Allowable Subject Matter
Claims 3-6, 14-17, and 20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Marrison et al. (USPN 5,211,197) discloses a pump head and a valve; the valve having a body and a circumferential slot and a seal member with a first projection; the pump having a pump body and cavity sized to receive the valve body and having an engagement member that aligns with the circumferential slot and a second projection which engages the first projection.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KELSEY E CARY whose telephone number is (571)272-9427. The examiner can normally be reached Monday-Friday 9:30am-5:30pm.
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 supervisors, Craig Schneider can be reached at (571)-272-3607 or Kenneth Rinehart can be reached at 571-272-4881.. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KELSEY E CARY/Primary Examiner, Art Unit 3753
Prosecution Insights