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 .
Power of Attorney
It appears applicant has legal representation but a valid power of attorney has not been filed in the present application. Providing representative information in an Application Data Sheet (ADS) does not constitute a power of attorney. See 37 CFR 1.76(b)(4) and MPEP § 408. For information on appointing a power of attorney, see MPEP § 402.02 et seq.
Information Disclosure Statement
The listing of references in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered.
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 inlet valve blocking stem and actuating stem from claims 1-3 must be shown or the feature(s) canceled from the claim(s).
It is noted the drawings include no reference numerals thus it is unknown what features are being referred to in the claims.
No new matter should be entered.
Further, the drawings are objected to because hatching has not been shown to indicate sectional portions of the figures in accordance with 37 CFR 1.84(h)(3).
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 Objections
Claims 1-3 are objected to because of the following informalities:
In claims 1-3, “Inlet valve blocking stem” is alternatively referred to as “Inlet blocking stem” (see claim 2). One consistent term should be used for this feature in the claims.
Claim 1, “Inlet” should not be capitalized.
Claim 2, “Inlet” should not be capitalized.
Claim 3, “Actuating” should not be capitalized in lines 1 and 2.
Claim 3, “Stem” should not be capitalized in line 1.
Claim 3, “Inlet” should not be capitalized in line 2.
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.
Claims 1-3 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, the scope of the claim is unclear as, per the preamble, a fluid regulator is recited while, in the body of the claim, only a stem with non-contained axial movement is being claimed. It is unclear how a stem having movement that is not contained axially can provide pressure regulation.
Claim 1, it is unclear what the inlet valve block stem is and what is meant by the movement not being contained axially. Is the stem just moving in a radial direction? As best as can be ascertained from the applicant’s unlabeled figures, the two movable members both appear to be contained axially at least by springs.
Claim 2, it is unclear what is meant by the stem moving upstream or what direction of movement upstream would be.
Claim 3, it is unclear, based on the applicant’s disclosure, how the actuating stem is attached to a distal end of the inlet valve blocking stem when, as best as can be ascertained from the applicant’s figures, the two movable members are not attached to each other.
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 is/are rejected under 35 U.S.C. 102(1)(a) as being anticipated by Ishitoya et al. (U.S. 8,770,221).
Ishitoya discloses a fluid regulator, comprising an Inlet valve blocking stem (11) having movement that is not contained axially (as best understood, the movement of the inlet valve blocking stem appears to be the same as the applicant’s in which there is axial movement, see col. 4, ll. 8-12 and fig. 1).
Regarding claim 2, Ishitoya further discloses wherein said Inlet blocking stem moves in any direction upstream or transversely (the stem moves axially (upstream or downstream) and, as shown in fig. 1, does not have any radial (transverse) constraints such as the housing or a guide structure, as such, the stem is seen to be able to be moved in any direction upstream or transversely as, as best as can be ascertained, this appears similar to the applicant’s device).
Regarding claim 3, Ishitoya further discloses an Actuating Stem (14) comprising an axis and attached to a distal end of said Inlet valve blocking stem (shown to be contacting in fig. 1, which, as best understood, is seen to be “attached”), wherein said Actuating stem is contained axially and can only move on its axis (due to 20 and 25 and the wall casing 21, see fig. 2).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
May (U.S. 2,065,086) discloses a stem that has an acute angle.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL R REID whose telephone number is (313)446-4859. The examiner can normally be reached on Monday-Friday 9am-5pm est.
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 can be reached by phone. Craig Schneider can be reached at 571-272-3607, or Ken 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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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) Form at https://www.uspto.gov/patents/uspto-automated- interview-request-air-form.
/MICHAEL R REID/ Primary Examiner, Art Unit 3753