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 .
Information Disclosure Statement
The information disclosure statement filed 01/13/2025 is acknowledged by the Examiner.
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 8 and 10-16 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 8 recites the limitation "the mating recess" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "the vent tube" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claims 11-16 are rejected due to being dependent upon a rejected base 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3, 5-7, 9 is/are rejected, as well as claims 8 and 10-15, as far as they are definite, under 35 U.S.C. 102(a)(2) as being anticipated by Stauder et al. (GB 2332195).
1. A tube receiver capable of use in connecting a tube to a gas stem base of a bottling machine, the receiver comprising: a body (30) including a non-circular opening (33, fig. 3 shows non-circular shape) therethrough from a first end portion (lower end portion of 30 when viewed in fig. 1) of the body to a second end portion (top end portion of 30 when viewed in fig. 1) of the body (central opening including 33 in the body 30 is seen extending all the way through 30 in fig. 1), the non-circular opening to receive a portion (top portion) of the tube (12) including a protrusion (16) therethrough when the tube and the protrusion are aligned with the non-circular opening, the first end portion of the body configured to engage the protrusion of the tube when the tube and the protrusion are misaligned with the non-circular opening upon insertion through the body to inhibit the tube and protrusion from rotating into alignment with the non-circular opening (cams 16 are rotated to misalign with the openings 33 to abut stops 34, see pg. 3, para. 3; as seen in orientation of fig. 3)(note, the limitations “vent tube” and “for use in connecting a vent tube to a gas stem base of a bottling machine” is considered intended us of the tube receiver in the preamble. It has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex parte Masham, 2 USPQ2d 1647 (1987). Furthermore, it has been held that a preamble is denied the effect of a limitation where the claim is drawn to a structure and the portion of the claim following the preamble is a self-contained description of the structure not depending for completeness upon the introductory clause. Kropa v. Robie, 88 USPQ 478 (CCPA 1951).
2. The receiver of claim 1 wherein the first end portion of the body includes a mating recess (recess in section 32, fig. 3) to receive the protrusion (16) when the vent tube and protrusion are misaligned with the non-circular opening upon insertion through the body (as seen in fig. 3; pg. 3, para. 3).
3. The receiver of claim 1 wherein the body includes an attachment portion (recess in section 32) configured to be removably attached to the gas stem base (recess 32 allows removable attachment with the cams 16 as they rotate therein).
5. The receiver of claim 1 wherein the body includes one or more travel limits (34) at the first end portion of the body to limit rotation of the protrusion relative to the body upon insertion of the portion of the vent tube including the protrusion (cams 16 are rotated to misalign with the openings 33 to abut stops 34, see pg. 3, para. 3; as seen in orientation of fig. 3).
6. The receiver of claim 5 wherein the first end portion of the body includes a mating recess (32) to receive the protrusion (16) when the vent tube and protrusion are misaligned with the non-circular opening upon insertion through the body (as seen in fig. 3), wherein the one or more travel limits (34) are positioned to align the protrusion with the mating recess as the protrusion is rotated out of alignment with the non-circular opening (as seen in fig. 3, the stops 34 are formed to allow the cams to align in the recess 32 when rotated out of alignment with openings 33).
7. The receiver of claim 1 wherein the first end portion of the body includes a mating recess (recess in section 32) to receive the protrusion when the vent tube and protrusion are misaligned with the non-circular opening upon insertion through the body see pg. 3, para. 3; as seen in orientation of fig. 3), wherein the body includes a guide surface (radial wall 32 or the radially inner wall of 31 against which 12 rotates in) extending from the non-circular opening (of 33) to the mating recess to guide movement of the protrusion between the non-circular opening and the mating recess.
8. The receiver of claim 1 wherein a mating recess (recess in section 32, fig. 3) is positioned relative to the non-circular opening such that the vent tube is rotated about 90 degrees from alignment with the non-circular opening to align the protrusion with the mating recess (“The format head 12 is then rotated (by approximately 90 degrees) until the retaining cams 16 strike against the stops 34 disposed in the second section 32;” see pg. 4, para. 2).
9. The receiver of claim 1 wherein the body includes two mating recesses (33) on opposite sides of the non-circular opening, each mating recess sized to receive the protrusion (16) when the vent tube and protrusion are misaligned with the non-circular opening upon insertion through the body (two opposing recesses 33 seen in fig. 3).
10. A stem assembly comprising: a receiver (30, 20) including a body (30) having an attachment portion (16) configured to be removably attached to a gas stem base (top of 12; bore 37 is connected to a pressure source; pg. 4, para. 1) of a bottling machine (container handling station, Abstract), the body defining a non-circular opening (central opening including 33) therethrough to receive a portion of the tube (12) including a protrusion (16) therethrough when the tube and the protrusion are aligned with the non-circular opening (“The first section 31 has on its inner wall a recess 33, the contour of which is matched to the shape of the facing side of the format head 12 with its two retaining cams 16, i.e., the corresponding side of the format head 12 can be inserted in the recess 33;” see pg. 3, para. 3); and a travel limit (34 or 23) at an end of the non-circular opening to contact the protrusion of the tube to limit rotation of the tube in at least one direction upon the protrusion being inserted through the non-circular opening (“The second section 32, by contrast, has such a contour that the format head 12 with the retaining cams 16 is freely rotatable by a certain angle and then strikes against two stops 34 disposed in the section 32;” see pg. 3, para. 3; or alternatively, catch cams 23 move into recesses 33 when cams 16 go into the recess of 32 which would prevent rotation or limit travel back into alignment of cams 16 with recesses 33; see pg. 4, para. 2) (note, the limitation “vent tube” is considered intended us of the tube. It has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex parte Masham, 2 USPQ2d 1647 (1987). Further note, the limitation “gas” in the preamble is directed to the material intended to be handled by the apparatus. A claim is only limited by positively recited elements. Thus, "[i]nclusion of the material or article worked upon by a structure being claimed does not impart patentability to the claims." In re Otto, 312 F.2d 937, 136 USPQ 458, 459 (CCPA 1963); see also In re Young, 75 F.2d 996, 25 USPQ 69 (CCPA 1935).
11. The gas stem assembly of claim 10 wherein the body includes an attachment surface (23, figs. 1, 2) to contact the protrusion to inhibit the protrusion from passing back through the non-circular opening when the protrusion is misaligned with the non-circular opening, the travel limit (34) at an end of the attachment surface (as seen in fig. 3).
12. The gas stem assembly of claim 10 wherein the body includes a mating recess (recess in 32) to receive the protrusion (16) when the protrusion is misaligned with the non-circular opening to inhibit the vent tube and protrusion from rotating into alignment with the non-circular opening, the travel limit aligning the protrusion with the mating recess (catch cams 23 come into 33 when cams 16 go into the recess of 32 to inhibit rotation into alignment; see pg. 4, para. 2).
13. The gas stem assembly of claim 10 further comprising a biasing mechanism (25, 21, 23) to urge the protrusion (16) against an attachment surface (planar surface of 30 that transitions between sections 32 and 31) of the receiver when the protrusion is misaligned with the non-circular opening (16 is urged against the surface in the region of 32 due to the catch cams 23 being biased into the recess 33 by spring 25).
15. The gas stem assembly of claim 13 wherein the biasing mechanism includes the travel limit (catch cams 23 move into recesses 33 when cams 16 go into the recess of 32 which would prevent rotation or limit travel back into alignment of cams 16 with recesses 33; see pg. 4, para. 2).
Allowable Subject Matter
Claim 4 is 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 14 and 16 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claims 4 and 16, Strauder et al. does not disclose wherein the receiver includes a gasket portion configured to engage a bottle to form a seal with the bottle. No part of the receiver 20, 30 of Stauder et al. engages a bottle to form a seal with the bottle since the bottle is engaged at 13 which attaches to 12.
Regarding claim 14, Strauder et al. does not disclose the spring biasing the sleeve toward the attachment surface to bias the protrusion into contact with the attachment surface. The spring 25 of Strauder et al. ‘195 biases the sleeve 20, not the cams 16 which are part of 12.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 4537335 A discloses a related bottling machine including a bayonet type connection (at 42) with a lower filling tube (16). US 3162470 A, US 3402857 A, US 3858910 A, DE 872017 C, US 2389672 A, US 20120227225 A1, DE 202006009923 U1, US 6840024 B2, CN 1463356 A, EP 1273551 A1, US 6170232 B1, and EP 0850872 A1 each similarly disclose related bayonet couplings for providing quick connect attachment of a tubular member.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARINA TIETJEN, whose telephone number is 571-270-5422. The examiner can normally be reached on Monday-Friday (10:30AM-7:00PM EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisors can be reached by phone. Tom Barrett can be reached at 571-272-4746. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MARINA A TIETJEN/Primary Examiner, Art Unit 3753