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 .
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.
(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) 14 and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yasuhara (US 4,328,777).
Regarding claim 14, Yasuhara discloses a priming check valve for a low-pressure pump of a fuel system (Abstract and Fig. 4, wherein a “priming check valve for a low-pressure pump” is simply a “check valve for priming (in an engine) for a low-pressure pump” which is an intended use recitation and this check valve capable of being used for such a purpose), the priming check valve comprising:
a base engageable to the low-pressure pump (Fig. 4, ball 32 is in a base part 15);
an elongated shaft 12 extending from the base, the elongated shaft 12 including a valve seat at an end of the shaft opposite the base (Fig. 4, shown shaft 12 having a reduced diameter valve seat);
a spring 35 positioned around the shaft (Fig. 4, the spring 35 is around the reduced diameter portion of shaft 12); and
a valve member 32 supported by the spring 35, the spring biasing valve member away from the valve seat to a first position (Fig. 4, the shown valve in a first position), and the spring compresses as the valve member is moved toward engagement with the valve seat, wherein the shaft supports a majority of a length of the spring in the first position (Fig. 4, pressure on the ball check valve member 32 compresses it toward the shaft end).
Regarding claim 18, Yasuhara discloses the priming check valve of claim 14, further comprising a head extending from the base opposite the shaft, and wherein the base projects radially outwardly from the shaft, and the head projects radially outwardly from the base (Fig. 1 and 4, the valve is included within a base portion where the end has an extended radial portion for holding it in place).
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) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yasuhara.
Regarding claim 15, Yasuhara discloses a priming check valve of claim 14, wherein: the valve member is a ball valve that is received by the shaft when the valve member is engaged to the valve seat (Fig. 4, shown).
Yasuhara fails to disclose the valve end having a concave portion at its end.
However, one of ordinary skill in the art before the filing date of the invention would have found it obvious to modify the end of the shaft of the check valve to be rounded for reception of the check valve because this would be nothing more than a mere change in shape arrived at through routine experimentation. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). In this case, changing the end to be concave (it appears flat in the figure) would be a simple alteration to fit the ball and would not be a significant configuration change.
Allowable Subject Matter
Claims 1-13 and 19-20 are allowed.
Claim 16-17 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.
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art fails to disclose or make obvious low-pressure fuel pump for an engine, wherein a priming check valve is included within the housing in the claimed passageway configuration – and further fail to disclose the shaft of the check valve having transverse boreholes.
The closest prior art includes:
Yamashita et al (US 20090242049) which discloses a check valve with a shaft having a spring around it and a ball (Fig. 1, shown).
Prather et al (US 2024/0344625) discloses an adjustable check valve (Fig. 1, shown).
Braun et al (US 2001/0039944) discloses a priming system for a fuel bump having a check valve 24 (Fig. 1, shown).
Davis et al (US 5,256,040) discloses a check valve for a priming pump valve having a check valve 36 for the priming system (Fig. 1, shown).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN A LATHERS whose telephone number is (571)272-1050. The examiner can normally be reached M-F 10a-6p.
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/KEVIN A LATHERS/Primary Examiner, Art Unit 3747