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 .
Information Disclosure Statement
The information disclosure statement(s) was/were filed in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) was/were considered by the examiner.
Claim Objections
Claim 8 is objected to because of the following informalities: “toward from” as recited in line 2 should be changed to -- toward --. Appropriate correction is required.
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 7 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 7 recites the limitation "the rack channel" in line 2. There is insufficient antecedent basis for this limitation in the claim.
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) 1-3,6-9,11-12,14-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bogossian (U.S. Patent 4,456,030).
In regards to claim 1, Bogossian discloses a stable flow regulator comprising: a body (12) comprising an entry opening, an exit opening, and an inner surface forming a compression portion; a rack (18) linearly movable within the body (12) and comprising teeth (threads within bore 20); and a worm gear (24) comprising a gear thread (threads along shank 25) and configured to be rotationally positioned through the body (12) such that the gear thread (threads along 25) engage against the teeth (threads within 20) of the rack (18), wherein rotation of the worm gear (24) translates to linear movement of the rack (18) within the body (12) toward the compression portion or away from the compression portion. See amended Fig. 2.
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In regards to claim 2, the body (12) comprises any of a rack channel, and rack comprises a rack track (22), and wherein the rack track (22) is configured to be positioned within the rack channel such that the rack (18) is linearly movable relative to the body (12).
It is the office’s position that the terms “track” and “channel” are not defined to be as limiting as illustrated by applicant. Rather, the office interprets the terms as not necessitating any specific structure outside of the needing to be a portion of the body or rack and performing the function recited.
In regards to claim 3, the body includes a rack track that extends along the inner surface of the body.
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In regards to claim 6, the rack (18) comprises a compression surface, and the compression portion of the body comprises a complementary compression surface.
In regards to claim 7, the compression surface and the complementary compression surface are transverse, relative to the rack channel.
In regards to claim 8, rotation of the worm gear (24) in a first direction causes the rack (18) to move toward from the compression portion, and rotation of the worm gear (24) in a second direction causes the rack (18) to move away from the compression portion.
In regards to claim 9, the inner surface of the body forms a gear mount (26, 28), and wherein the worm gear (24) is rotationally positioned in the gear mount (26, 28).
In regards to claim 11, Bogossian discloses a body (12) comprising a first side (1S) and a second side (2S), where the first side (1S) and the second side (2S) are configured to be coupled together to form a gear mount (26, 28), a pressing surface of the body, and any of a rack track or a rack channel; a rack (18) positioned between the first side (1S) and the second side (2S) of the body (12), the rack (18) comprising the other of the rack track or the rack channel (22) such that the rack (18) is linearly movable, relative to the body (12); and a worm gear (24) rotationally positioned in the gear mount (26, 28) and comprising a gear thread (threads along 25), wherein rotation of the worm gear (24) engages the gear teeth against teeth (threads along 20) of the rack (18) to move the rack linearly. See amended Fig. 3 above and the interpretation of track and channel related to claim 2.
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In regards to claim 12, the body (12) comprises a rack track that extends along an inner surface of the body.
In regards to claim 14, the rack (18) comprises a compression surface, and the body (12) comprises a complementary compression surface. The compression surfaces are regarded as the inclined surfaces of the body and of the rack.
In regards to claim 15, the compression surface of the rack (18) and the complementary compression surface of the body (12) are transverse, relative to the channel (22) of the rack (18).
In regards to claim 16, the compression surface of the rack and the complementary compression surface of the body are parallel.
Allowable Subject Matter
Claims 4, 5, 10, and 13 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.
Claims 17-20 are allowed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to R.K. Arundale whose telephone number is 571-270-3453. 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. Kenneth Rinehart can be reached at 571-272-4881, and 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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/ROBERT K ARUNDALE/Primary Examiner, Art Unit 3753