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 under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “interior volume delimited by inner walls which is accessible through a door” as recited in claim 11, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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.
Claim 11 is 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 11, the limitation “an interior volume delimited by inner walls which is accessible through a door” based on applicant’s disclosure appears to be the “climate chamber” that is connected to “the common water inlet, gas inlet, and gas outlet’, hence it is unclear how the preamble “The valve” can comprise “an interior volume delimited by inner walls which is accessible through a door” and “wherein the common water inlet, gas inlet, and gas outlet for connecting to a climate chamber is provided at the bottom of the interior volume”, as it appears applicant is claiming features that are not part of the claimed valve but instead are connected to the valve.
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.
Claim(s) 1-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Prescott et al. (U.S. Patent No. 1,240,254).
Regarding claim 1, Prescott et al. disclose a combination aeration, deaeration, and water outlet valve (Figs. 1-2), the valve comprising: a common water inlet, gas inlet, and gas outlet (3) for connecting to a climate chamber (connected via the disclosed vent pipe, Page 1 lines 9-18), a water reservoir (inside conduit 2, once enclosed with the vent pipe and enabling fluid flow as disclosed) connected to the common water inlet, gas inlet, and gas outlet (at 3), wherein the water reservoir (2) is connected such that water (encompassed by the disclosed fluid, Page 2 lines 12-23) entering from the common water inlet, gas inlet, and gas outlet (at 3) into the water reservoir (2) is conducted under force of gravity (once within the enclosed conduit 2, water will inherently flow under the force of gravity) in a direction towards a bottom of the water reservoir (water inherently flows to the bottom under the force of gravity), a first valve assembly (Fig. 2), disposed in a first valve compartment (Fig. 2), with a first valve seat (14) penetrated by a first passage (15) and with a first closing element (17) pressed by a first closing force (Page 1 lines 89-100) onto the first valve seat (14) such that it blocks the first passage (15) until the first closing force is overcome (Page 1 lines 9-18), wherein the first passage (15) leads directly or indirectly from the first closing element (17) to an air inlet (5, Page 2 lines 96-100), a second valve assembly (Fig. 2), disposed in a second valve compartment (Fig. 2), with a second valve seat (9) penetrated by a second passage (10) and with a second closing element (12) pressed by a second closing force (Page 2 lines 64-73) onto the second valve seat (9) such that it blocks the second passage (12) until the second closing force has been overcome (Page 2 lines 64-73), and a drainage opening (opening below 13, Fig. 2) for air and water, disposed at a height of an upper edge (Fig. 2) of the second valve seat (9), wherein the drainage opening (Fig. 2) forms a direct or indirect connection between the second valve compartment and an outflow (4) for air and water (Page 2 lines 12-23), wherein the second passage (10) of the second valve seat (9) is directly or indirectly connected (Fig. 2) with the water reservoir (2) such that water collecting at the bottom of the water reservoir (2) can enter (Page 2 lines 12-23) into the second passage (10), and wherein a direct or indirect connection (Fig. 2) is provided between the water reservoir (2) and the first valve compartment (Fig. 2) above a maximum water level (8) of the water collecting in the water reservoir (2).
Regarding claim 2, Prescott et al. disclose the valve (Figs. 1-2) wherein the first and/or the second closing force is provided by the force of gravity (Page 2 lines 64-73).
Regarding claim 3, Prescott et al. disclose the valve (Figs. 1-2) wherein the water reservoir (2), the first valve compartment (Fig. 2), the second valve compartment (Fig. 2)and a drainage reservoir (Fig. 2) are formed as a single, integral (Page 1 line 111-Page 2 line 2) injection molded part (Product by Process).
The single integral part produced by injection molding does not limit the claim. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product in the prior art, the claim in unpatentable even though the prior product was made by a different process (see MPEP 2113).
Regarding claim 4, Prescott et al. disclose the valve (Figs. 1-2) wherein on the common water inlet, gas inlet, and gas outlet and/or on the drainage reservoir a hose fitting (3, Page 1 lines 43-48) is disposed or that the common water inlet, gas inlet, and gas outlet and/or the drainage reservoir is formed by a hose fitting (3, Page 1 lines 43-48).
Regarding claim 5, Prescott et al. disclose the valve (Figs. 1-2) wherein the first closing element (17) and the second closing element (12) move in the same direction (Fig. 2) after the respective closing force has been overcome (Page 2 lines 64-73).
Regarding claim 6, Prescott et al. disclose the valve (Figs. 1-2) wherein the first closing element (17) and the second closing element (12) are each formed by a sphere (Fig. 2).
Regarding claim 7, Prescott et al. disclose the valve (Figs. 1-2) wherein the first valve seat (14) and/or the second valve seat (9) are formed by a section of a planar separation wall (Fig. 2) with a circular cylindrical opening (15 and 10) penetrating the separation wall (Fig. 2), wherein the cylinder axis of the circular cylindrical opening (15 and 10) is oriented perpendicularly (Fig. 2) to a plane of the separation wall.
Regarding claim 8, Prescott et al. disclose the valve (Figs. 1-2) wherein the water reservoir (2) and the first valve compartment (Fig. 2) are separated from one another by a partition wall (18) and wherein the connection between the water reservoir (2) and the first valve compartment (Fig. 2) is formed by an opening (opening above 18, Fig. 2) in the partition wall (18) that is located above a height (Fig. 2) of the first closing element (17).
Regarding claim 9, Prescott et al. disclose the valve (Figs. 1-2) wherein the water reservoir (2) and the second valve compartment (Fig. 2) are separated from one another by a partition wall (7) and wherein the connection between the water reservoir (2) and the passage (10) of the second valve seat (9) is formed by an opening (below wall 7) in the partition wall (7) which is located below the height (Fig. 2) of the second closing element (12).
Regarding claim 10, Prescott et al. disclose the valve (Figs. 1-2) wherein the air inlet (5) is located above the level of the bottom (Fig. 2).
Claim Rejections - 35 USC § 103
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 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) 11 as far as it is considered definite is/are rejected under 35 U.S.C. 103 as being unpatentable over Prescott et al. (U.S. Patent No. 1,240,254) in view of Shin et al. (Pub. No. 2012/0131943).
Regarding claim 11, Prescott et al. disclose the essential features of the claimed invention but lack disclosure of an interior volume delimited by inner walls which is accessible through a door, wherein one of the inner walls forms a bottom of the interior volume and one of the inner walls forms a ceiling of the interior volume; and wherein the common water inlet, gas inlet, and gas outlet for connecting to a climate chamber is provided at the bottom of the interior volume.
Shin et al. teach an outlet valve (100) comprising a common fluid port (111) that is coupled to a climate chamber (inside refrigerator) that is delimited by inner walls (Fig. 1) which is accessible through a door (2), and wherein the common fluid port (111) is provided at the bottom of the climate chamber (Fig. 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the use of Prescott et al., with a refrigerator as taught by Shin et al., for the advantage of enabling the use of venting fluids from a refrigerator.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Jensen (U.S. Patent No. 1,724,878) disclose a combination aeration and deaeration valve comprising two similar closing elements.
Kim et al. (U.S. Patent No. 5,557,942) disclose a combination aeration, deaeration, and outlet valve connected to a similar control chamber.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Reinaldo Sanchez-Medina, telephone number 571-270-5168, fax number 571-270-6168. The examiner can normally be reached on Monday-Friday (7:30AM-4:00PM EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisors can be reached by phone. 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.
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/REINALDO SANCHEZ-MEDINA/Primary Examiner, Art Unit 3753