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 § 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 1-20 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.
Claims 1 and 15 recite the limitations “its first base”, “its first opening”, “its second base” and “its second opening”. It is not immediately clear which part of the grooves are considered to be the bases and the openings, and therefore the scope of a claim would not be reasonably ascertainable by those skilled in the art, nor are, a base or an opening necessarily inherent elements of a groove. For the purposes of examination, the limitations will be interpreted as “a first base”, “a first opening”, etc.
Claim Rejections - 35 USC § 102
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) 1-6, 10-12, 14-17, and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US PG Pub No. 2011/0303681 (Newhouse et al. hereinafter).
In re claim 1, with reference to Figs. 1, 2, and 4a below, Newhouse et al. discloses: A boss (16A) configured for attachment to a liner (20) of a pressure vessel (10), the boss comprising: a port (32) having a longitudinal axis (see below), the port configured to connect an interior of the pressure vessel and an exterior of the pressure vessel (see Fig. 2); a neck (28) that circumscribes an exterior portion of the port; and a flange (30A) that circumscribes an interior portion of the port and that extends radially outward from the neck, wherein the flange comprises: an outer edge at a farthest radial extent from the longitudinal axis (see Fig. 4A below); an exterior side (62) disposed on a first side of the outer edge; and an interior side (60) disposed on an opposed second side of the outer edge, the interior side comprising: a first radially inner annular groove having a first width at its first base and a second width at its first opening, wherein the second width is equal to or greater than the first width; and a second radially outer annular groove positioned at a greater distance from the longitudinal axis than the first radially inner annular groove, the second radially outer annular groove having a third width at its second base and a fourth width at its second opening, wherein the fourth width is equal to or greater than the third width (see Fig. 4A detail below).
[AltContent: textbox (Longitudinal Axis)][AltContent: connector]
PNG
media_image1.png
672
432
media_image1.png
Greyscale
[AltContent: textbox (2nd Interior Surface)][AltContent: arrow][AltContent: textbox (Parallel to Long. Axis)][AltContent: connector][AltContent: textbox (1st Interior Surface of Boss at Ridge)][AltContent: arrow][AltContent: textbox (Third Width/ Second Base)][AltContent: textbox (First Width/ Base)][AltContent: textbox (Outer Edge)][AltContent: arrow]
PNG
media_image2.png
531
490
media_image2.png
Greyscale
[AltContent: textbox (First Int. Surf. Perp. To Axis)][AltContent: arrow][AltContent: connector][AltContent: arrow][AltContent: textbox (Outer Lip)][AltContent: textbox (Inner Lip)][AltContent: arrow][AltContent: textbox (Fourth Width/ Second Opening)][AltContent: textbox (Second Width/ Opening)][AltContent: ][AltContent: ][AltContent: ][AltContent: ][AltContent: textbox (Second Radially Inner Groove)][AltContent: rect][AltContent: textbox (First Radially Inner Groove)][AltContent: rect][AltContent: ][AltContent: ]
PNG
media_image3.png
294
532
media_image3.png
Greyscale
In re claim 2, with reference to the Figs. noted above, Newhouse et al. discloses the claimed invention including wherein the interior side of the flange comprises a ridge (58) comprising: a first interior surface of the boss; a first wall (46) of the first radially inner annular groove; a first radially inner lip connecting the first interior surface of the boss and the first wall; a second wall (50) of the second radially outer annular groove; and a second radially outer lip connecting the first interior surface of the boss and the second wall (see Fig. 4A Detail above).
In re claim 3, with reference to the Figs. noted above, Newhouse et al. discloses the claimed invention including wherein the first interior surface of the boss is substantially perpendicular to the longitudinal axis (see Fig. 4A Detail above).
In re claim 4, with reference to the Figs. noted above, Newhouse et al. discloses the claimed invention including wherein the interior side of the flange comprises a plurality of apertures (48, see figs. 3 and 4A) that extend between the first interior surface of the boss and the first wall (a diametrical dimension of each aperture extends along the claimed direction).
In re claim 5, with reference to the Figs. noted above, Newhouse et al. discloses the claimed invention including wherein a radial dimension of at least one of the plurality of apertures is less than or equal to about twice the first width (see Fig. 4A above).
In re claim 6, with reference to the Figs. noted above, Newhouse et al. discloses the claimed invention including a second interior surface that extends between the outer edge and the second base, wherein the second base has a concave curvature (see Fig. 4A above).
In re claim 10, with reference to the Figs. noted above, Newhouse et al. discloses the claimed invention including wherein the second radially outer lip has a convex curvature (see Fig. 4A above).
In re claim 11, with reference to the Figs. noted above, Newhouse et al. discloses the claimed invention including wherein a first radius of curvature of a first are section of the convex curvature is different from a second radius of curvature of a second are section of the convex curvature (see Fig. 4A below, second lip is oblong/not circular in shape).
[AltContent: arrow][AltContent: textbox (1st Radius)][AltContent: textbox (2nd Radius)][AltContent: arrow]
PNG
media_image3.png
294
532
media_image3.png
Greyscale
In re claim 12, with reference to the Figs. noted above, Newhouse et al. discloses the claimed invention including wherein the first are section is proximate the first interior surface; the second are section is proximate the second wall; and the first radius of curvature is greater than the second radius of curvature (see Fig. 4A detail above).
In re claim 14, with reference to the Figs. noted above, Newhouse et al. discloses the claimed invention including wherein a width dimension of the first radially inner annular groove remains constant or increases continuously from the first width at its first base to the second width at its first opening (increases continuously, see Fig. 4A above).
In re claim 15, with reference to the Figs. noted above, Newhouse et al. discloses: An assembly comprising: a liner comprising a first opening; and a first boss attached to the liner at the first opening, the first boss comprising: a port having a longitudinal axis, the port configured to connect an interior of a pressure vessel and an exterior of the pressure vessel; a neck that circumscribes an exterior portion of the port; and a flange that circumscribes an interior portion of the port and that extends radially outward from the neck, wherein the flange comprises: an outer edge at a farthest radial extent from the longitudinal axis; an exterior side disposed on a first side of the outer edge; and an interior side disposed on an opposed second side of the outer edge, the interior side comprising: a first radially inner annular groove having a first width at its first base and a second width at its first opening, wherein the second width is equal to or greater than the first width; and a second radially outer annular groove positioned at a greater distance from the longitudinal axis than the first radially inner annular groove, the second radially outer annular groove having a third width at its second base and a fourth width at its second opening, wherein the fourth width is equal to or greater than the third width (as in re claim 1 above).
In re claim 16, with reference to the Figs. noted above, Newhouse et al. discloses the claimed invention including wherein a composite shell disposed on the liner and on the exterior side of the flange (paragraph 0002).
In re claim 17, with reference to the Figs. noted above, Newhouse et al. discloses the claimed invention including wherein the liner comprises a second opening (see Fig. 1), the assembly comprising a second boss attached to the liner at the second opening (See Fig. 1, paragraph 0002).
In re claim 19, with reference to the Figs. noted above, Newhouse et al. discloses the claimed invention including wherein the liner has a substantially uniform thickness (see Fig. 2 and 4A, note Applicant’s variations in thickness in Figs. 9 and 15 of the liner while considered “substantially uniform”).
In re claim 20, with reference to the Figs. noted above, Newhouse et al. discloses the claimed invention including wherein the liner comprises: an anchor (49) disposed proximate the first radially inner annular groove; wherein the anchor extends through an aperture on an interior side of the flange (See Fig. 4B).
Claim(s) 7 and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent No. 3,907,149 (Harmon hereinafter).
In re claims 7 and 8, with reference to Figs. 1 and 8 below, Harmon discloses: A boss configured for attachment to a liner of a pressure vessel, the boss comprising: a port having a longitudinal axis, the port configured to connect an interior of the pressure vessel and an exterior of the pressure vessel; a neck that circumscribes an exterior portion of the port; and a flange that circumscribes an interior portion of the port and that extends radially outward from the neck, wherein the flange comprises: an outer edge at a farthest radial extent from the longitudinal axis; an exterior side disposed on a first side of the outer edge; and an interior side disposed on an opposed second side of the outer edge, the interior side comprising: a first radially inner annular groove having a first width at its first base and a second width at its first opening, wherein the second width is equal to or greater than the first width; and a second radially outer annular groove positioned at a greater distance from the longitudinal axis than the first radially inner annular groove, the second radially outer annular groove having a third width at its second base and a fourth width at its second opening, wherein the fourth width is equal to or greater than the third width, wherein the interior side of the flange comprises a ridge comprising: a first interior surface (at apex of curve of wall 68, i.e. at leader 69) of the boss; a first wall (at leader 68) of the first radially inner annular groove; a first radially inner lip connecting the first interior surface of the boss and the first wall; a second wall of the second radially outer annular groove; and a second radially outer lip connecting the first interior surface of the boss and the second wall (lips at curved surface to left and right of 69 in Fig. 8 below), a second interior surface that extends between the outer edge and the second base, wherein the second base has a concave curvature (at second base, see below), a first radius of curvature of a first are section of the concave curvature (i.e. closer to second wall of 68) is different from a second radius of curvature (i.e. closer to second interior surface) of a second are section of the concave curvature, the first are section is proximate the second wall; the second are section is proximate the second interior surface; and the first radius of curvature is smaller than the second radius of curvature (see Fig. 8 below, radius of second interior surface decreases towards first radius of curvature of second base near second wall).
[AltContent: textbox (second interior surface)][AltContent: rect][AltContent: textbox (Fourth Width/ Second Opening)][AltContent: ][AltContent: textbox (Third Width/ Second Base)][AltContent: ][AltContent: textbox (Second Width/ Opening)][AltContent: ][AltContent: ][AltContent: textbox (First Width/ Base)][AltContent: textbox (Second Radially Outer Groove)][AltContent: rect][AltContent: textbox (First Radially Inner Groove)][AltContent: rect]
PNG
media_image4.png
508
410
media_image4.png
Greyscale
PNG
media_image5.png
404
793
media_image5.png
Greyscale
[AltContent: textbox (Second arc Section/Second radius)][AltContent: arrow][AltContent: textbox (First arc Section/First radius)][AltContent: arrow]
PNG
media_image6.png
262
419
media_image6.png
Greyscale
Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Newhouse et al. as applied to claim 1 above, and further in view of US Pg Pub No. 2013/0341337 (Patterson et al. hereinafter).
In re claim 18, with reference to the Figs. noted above, Newhouse et al. discloses the claimed invention including wherein the liner (20) is formed by molding (paragraph 0024).
Newhouse et al. fails to disclose wherein the molding is rotational molding.
However, Patterson et al. discloses a molding method for a liner wherein the molding is rotational molding (paragraph 0027).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have molded the molded liner of Newhouse et al. rotationally as taught by Patterson et al., since in accordance to MPEP 2113, the method of forming the device is not germane to the issue of patentability of the device itself. Therefore, this limitation has not been given patentable weight. Please note that even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product, i.e the molded liner, does not depend on its method of production, i.e. rotational molding. In re Thorpe, 227 USPQ 964, 966 (Federal Circuit 1985).
Claim(s) 9 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Newhouse et al. as applied to claims 6 and 10 above, and further in view of US Patent No. 5,079,882 (Bahout hereinafter).
In re claims 9 and 13, with reference to the Figs. noted above, Newhouse et al. discloses the claimed invention except wherein the concave/convex curvature is substantially logarithmic.
However, Bahout discloses a seal gasket wherein a portion of the sealing surface is formed with a logarithmic curvature in order to obtain a maximum resistance to removal of a seal strip as the seal can exert a force opposing the removal of the seal strip (columns 2-3, lines 66-15).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have modified the curvature of the mating concave/convex surfaces of Newhouse et al. to have included a substantially logarithmic curvature as taught by Bahout for increased retention and resistance to removal, and since the court held that the configuration of the claimed disposable plastic nursing container was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant (MPEP 2144.04, IV, B). Please note that in the instant application, paragraphs 0052, 0055, and 0056, applicant has not disclosed any criticality for the claimed limitations.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW T KIRSCH whose telephone number is (571)270-5723. The examiner can normally be reached Mon-Fri, 9a-5p 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 supervisor, Nathan Jenness can be reached at 571-270-5055. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ANDREW T KIRSCH/ Primary Examiner, Art Unit 3733
Prosecution Insights