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 .
Election/Restrictions
Applicant's election without traverse of Species A (figs.1-3) claims 1-9 in the reply filed on 05/26/2026 is acknowledged.
The requirement is still deemed proper and is therefore made FINAL.
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 “jacket-shaped wall portion” in claim 1 must be shown or the feature(s) canceled from the claim(s). It is unclear what “jacket-shaped wall” is, as it is not described. 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.
Specification
The disclosure is objected to because of the following informalities: applicant states in the specification that element 5 is main body in 0028 and element 5 is also the base portion in 0037.
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 1-9 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 the limitation "jacket-shaped wall portion" in line 3 is unclear what applicant has meant by it as there is not definition of such phrase in the claims or specification. Jacket shaped is not shown in drawings either so it is unclear what it looks like. For purpose of examination, the phrase will be interpreted as the shape disclosed by the element 52 in fig.1 of applicants. Claims 2-9, which depend from claim 1, are similarly rejected.
Claim 7 recites the limitation " wherein an overpressure in the main body compared to the pressure at a distal end of the membrane portion puts the membrane portion into the passage state such that a fluid can flow from the base portion toward the distal end, wherein the overpressure is preferably in the range from 50 Pa to 600 Pa, particularly preferably from 90 Pa to 400 Pa. " in lines 2-5. There is insufficient antecedent basis for this limitation in the claim because applicant has not claimed any “main body” in claim 7 or claim 1. It is also unclear what the main body is and how the overpressure in the main body relates since no main body is ever described. For purpose of examination, the limitation will be interpreted as “wherein an overpressure in a main body compared to the pressure at a distal end of the membrane portion puts the membrane portion into the passage state such that a fluid can flow from the base portion toward the distal end, wherein the overpressure is capable of being preferably in the range from 50 Pa to 600 Pa, particularly preferably from 90 Pa to 400 Pa”.
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) 1-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by (US4760933A).
Regarding claim 1, as best understood based on 112 issue identified above, Christner teaches closure, in particular for use in a tank (see annotated fig.1 below for a closure capable of using in a tank),
comprising a base portion and a membrane portion (see annotated fig.1 below for a base position and a membrane portion),
wherein the base portion has a jacket-shaped wall portion and a transition region adjacent thereto (see annotated fig.1 below for a base portion having a jacket shaped wall portion region adjacent thereto),
wherein the membrane portion is adjacent to the transition region and protrudes from the transition region along a central axis (see annotated fig.1 below for membrane portion adjacent to the transition portion and protrudes from the transition portion),
wherein the membrane portion is designed to be brought into a blocking state or into a passage state (see annotated fig.1 below and fig.2 and 3 for membrane portion designed to brought into a blocking state or into a passage state),
wherein the membrane portion is substantially fluid-impermeable in the blocking state, and wherein the membrane portion is fluid-permeable along the central axis in the passage state (see annotated fig.1 below and fig.2 and 3 for a membrane portion is substantially fluid-impermeable in blocking state and fluid permeable along the central axis in passage state).
Annotated fig.1 of Christner
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Regarding claim 2, the references as applied to claim 1 above discloses all the limitations substantially claimed. Christner further teaches wherein the wall portion is substantially axially symmetrical and/or rotationally symmetrical about the central axis and preferably has a circular cross section (see fig.2 that shows the wall portion is substantially axially symmetrical).
Regarding claim 4, the references as applied to claim 1 above discloses all the limitations substantially claimed. Christner further teaches wherein the membrane portion has a first membrane wall and a second membrane wall opposite the first membrane wall, wherein the first and second membrane walls in the blocking state lie against each other substantially over their entire surface, and wherein in the passage state a gap is formed between the first membrane wall and the second membrane wall and is fluid-permeable along or parallel to the central axis (fig.3 above and fig.2 shows the two walls one of the right and one on the left 32 and 33 that are opposite of each other and fig.2 blocking state lie against each other and passage state parallel to central axis).
Regarding claim 5, the references as applied to claim 1 above discloses all the limitations substantially claimed. Christner further teaches wherein the membrane portion, at least in the blocking state, has a substantially flat and planar extent parallel to a gap plane, wherein the central axis lies in the gap plane (see annotated fig.2 below for the gap plane).
Annotated fig.2 of Christner
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Regarding claim 6, the references as applied to claim 1 above discloses all the limitations substantially claimed. Christner further teaches wherein the base portion is pot-shaped and is open at its end facing away from the transition region (see annotated fig.1 above where the base portion is pot-shaped and open at its end facing away from the transition region).
Regarding claim 7, as best understood based on 112 issues identified above, the references as applied to claim 1 above discloses all the limitations substantially claimed. Christner further teaches wherein an overpressure in a main body compared to the pressure at a distal end of the membrane portion puts the membrane portion into the passage state such that a fluid can flow from the base portion toward the distal end, wherein the overpressure is capable of being preferably in the range from 50 Pa to 600 Pa, particularly preferably from 90 Pa to 400 Pa (see annotated fig.1 above for the main body 12 of the closure has an overpressure when fluid passes though and a pressure is created at the distal end and the over pressure is capable of being in the range of 90 to 400 Pa)
Regarding claim 3, the references as applied to claim 1 above discloses all the limitations substantially claimed. Christner further teaches wherein at least the membrane portion is formed from an elastically deformable material (fig.2-3 show the membrane portion is formed from an elastically deformable material) having a Shore hardness of 20 to 90 Shore A, preferably 50 to 70 Shore A (Christner recites “The seal member 10 is formed of any suitable material which is impervious to the corrosive effects of gasoline or diesel fuel as well as providing long term use on a vehicle. Such materials could include rubber and suitable plastics, such as polypropylene, PVC, etc., which would provide the desired degree of expansibility to allow the introduction of the dispensing nozzle therethrough as well as providing a complete seal when the nozzle is removed from the seal member 10.”-Col.3 lines 25-34 ; and PVC has a shore hardness of 50A to 95A).
Regarding claim 8, the references as applied to claim 1 above discloses all the limitations substantially claimed. Christner further teaches wherein the base portion has a collar which has a greater extent orthogonal to the central axis than the wall portion (see annotated fig.1 above).
Regarding claim 9, the references as applied to claim 1 above discloses all the limitations substantially claimed. Christner further teaches wherein the membrane portion has a maximum membrane length measured parallel to the central axis, wherein the membrane portion has a maximum membrane width measured orthogonal to the central axis, wherein the membrane length is in a ratio of preferably 0.7 to 2, particularly preferably 0.9 to 1.5 to the membrane width (see annotated fig.1 above and fig.2 that show the membrane portion has a max length measured parallel to the central axis and the width orthogonal to central axis and the length .09 to 1.5 of the width).
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Deindl (US11486506B2).
Regarding claim 1, as best understood based on 112 issue identified above, Deindl teaches closure, in particular for use in a tank (see annotated fig.3 below for a closure capable of using in a tank),
comprising a base portion and a membrane portion (see annotated fig.3 below for a base position and a membrane portion),
wherein the base portion has a jacket-shaped wall portion and a transition region adjacent thereto (see annotated fig.3 below for a base portion having a jacket shaped wall portion region adjacent to),
wherein the membrane portion is adjacent to the transition region and protrudes from the transition region along a central axis (see annotated fig.3 below for membrane portion adjacent to the transition portion and protrudes from the transition portion),
wherein the membrane portion is designed to be brought into a blocking state or into a passage state (see annotated fig.3 below for membrane portion designed to brought into a blocking state or into a passage state),
wherein the membrane portion is substantially fluid-impermeable in the blocking state, and wherein the membrane portion is fluid-permeable along the central axis in the passage state (see annotated fig.3 below for a membrane portion is substantially fluid-impermeable in blocking state and fluid permeable along the central axis in passage state).
Annotated fig.3 of Deindl
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Conclusion
See PTO-892 for the prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Applicant’s claims as recited as too broad as highlighted by two rejections of claim 1 above.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PRINCE PAL whose telephone number is (571)272-7525. The examiner can normally be reached M-Th, 9:30 AM - 7:30 PM (EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ANTHONY STASHICK can be reached on (571)272-4561. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PRINCE PAL/Examiner, Art Unit 3735
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