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 .
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 “filter container” as required by claims 5 and 8-20 must be shown or the feature(s) canceled from the claim(s). 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.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Specification
The abstract of the disclosure is objected to because:
The abstract exceeds the 150 word limit.
Correction is required. See MPEP § 608.01(b).
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Objections
Claims 1 and 8 are objected to because of the following informalities:
In claim 1, line 20, the recitation “the rotation” should read –[[the]]a rotation--;
In claim 8, line 22, the recitation “the rotation” should read –[[the]]a rotation--;
Appropriate correction is required.
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.
(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.
Claims 1-4 and 6 are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by US2018/0347709 (“Bowdery”).
Regarding claim 1, Bowdery discloses a valve (“1000”) comprising:
a first pipe (“100”) having a first pipe end (“102”), the first pipe having an external shape of a cylinder (see fig. 1), the first pipe having a first flow channel (flow channel extending through first pipe “100”; see figs. 1 and 5) inside, the first flow channel extending in a direction of an axis (“305”) of the cylinder, the first flow channel forming an opening (opening of first pipe “100” defined at first pipe end “102”) in the first pipe end;
a second pipe (“500”) extending coaxially with the axis, the second pipe having a second pipe end (“201”), the second pipe having an external shape of a cylinder (see fig. 1), the second pipe having a second flow channel (channel extending between side openings “231a” & “231b” through downstream end “302”) inside, the second flow channel extending in the direction of the axis, an insertion portion (portion of second pipe “500” inserted into first pipe “100”; see figs. 3 and 5) of the second pipe end being inserted into the first flow channel of the first pipe from the opening of the first pipe (see figs. 3 and 5); and
a rotating ring (“400”) held by each of the first pipe and the second pipe on an outer peripheral surface (radially outer surface) of the first pipe and an outer peripheral surface (radially outer surface) the second pipe (see figs. 3 and 5), to be able to perform rotation around the axis (see specification paragraph [0027]),
wherein the second flow channel does not reach the second pipe end (top end “201” of second pipe “500” is delimited by wall “251”), and extends toward (via openings “231a” & “231b”) an inner wall (interior wall of first pipe “100” defining bore “105”) of the first flow channel in the insertion portion of the second flow channel to form an opening (“231a” and/or “231b”) in the insertion portion of the second flow channel,
wherein a cam follower protrusion (“125”) is provided on a surface (exterior surface) of the first pipe,
wherein the rotating ring includes a guide cam groove (“412”; see fig. 2) configured to receive the cam follower protrusion, the cam follower protrusion moved, by the rotation of the rotating ring, in the guide cam groove between a first position (position where cam follower protrusion “125” reaches first terminal end “401a” or “402a” of guide cam groove “412”) and a second position (position where cam follower protrusion “125” reaches second terminal end “401b” or “402b” of guide cam groove “412”) so that the first pipe and the second pipe perform relative movement (between positions illustrated in figs. 3 and 5), the insertion portion of the second pipe end of the second pipe becoming longest at the first position (see figs. 2 and 3), the insertion portion of the second pipe end of the second pipe becoming shorter than at the first position at the second position (see figs. 4 and 5), and
wherein the valve has a closed state (see fig. 3) and an open state (see fig. 5), the first flow channel and the second flow channel being not in fluid communication at the first position in the closed state, the first flow channel and the second flow channel being in fluid communication at the second position in the open state.
Regarding claim 2, Bowdery discloses the guide cam groove (“412”; see figs. 2 and 4) consists of a first groove (“401b” or “402b”), a second groove (“401a” or “402a”), and a transition groove (“404” or “405”), the first groove defining the first position close (see figs. 2 and 3) to the second pipe (“500”) in the direction of the axis, the first groove drilled in a direction (circumferential direction) around the axis (“305”) on a surface (radially outer surface of rotating ring “400”) perpendicular to the axis, the second groove defining the second position farther from the second pipe than the first position in the direction of the axis (see fig. 2 and 4), the second groove drilled in a direction (circumferential direction) around the axis (“305”) on a surface (radially outer surface of rotating ring “400”) perpendicular to the axis, the transition groove connecting the first groove and the second groove (see figs. 9A and 9B).
Regarding claim 3, Bowdery discloses wherein the second pipe (“500”) includes, on the outer peripheral surface (radially outer surface) of the second pipe, a holding protrusion (annular protrusions defining axial boundaries of holding recess “312”), or a holding recess (groove “312”) drilled in a direction (circumferential direction) around the axis (“305”),
wherein the rotating ring (“400”) includes a holding protrusion (“415”) to be engaged with the holding recess (see fig. 3), or a holding recess drilled in a direction around the axis to be engaged with the holding protrusion, and
wherein the rotating ring is held to perform the rotation (between positions of figs. 2 and 4) with respect to the second pipe by engagement between the holding protrusion and the holding recess.
Regarding claim 4, Bowdery discloses wherein the first flow channel (flow channel extending through first pipe “100”; see figs. 1 and 5) includes a first flow channel enlarged portion (portion engaged by sealing ring “243”; see figs. 3 and 5) having one end (bottom end, relative to the orientation of fig. 5) forming the opening, and a first flow channel mainstream portion (“155”) having a smaller diameter than the first flow channel enlarged portion and communicating with another end (top end, relative to the orientation of fig. 5) of the first flow channel enlarged portion, and
wherein the second pipe (“500”) includes a first seal member (“243”) and a second seal member (“213”) different from the first seal member, the first seal member having an external surface (radially outer surface) constantly in contact with an inner surface (surface of enlarged inner diameter portion of first pipe “100”) of the first flow channel enlarged portion, the second seal member having an external surface (radially outer surface) in contact with an inner surface (surface defining opening “155”) of the first flow channel mainstream portion in the closed state (see figs. 2 and 3) of the valve and not in contact with the inner surface of the first flow channel mainstream portion in the open state (see figs. 4 and 5) of the valve.
Regarding claim 6, Bowdery discloses wherein the guide cam groove (“412”) includes a locking mechanism (mainly defined by “126”) including a holding claw (“126”; see figs. 9A and 9B) protruding from a groove edge (“401f” or “402f”) defining the guide cam groove, and the cam follower protrusion (“125”) is kept at the first position (see figs. 2 and 3) or the second position (see figs. 4 and 5) by the locking mechanism.
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.
Claims 5 and 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Bowdery, as applied to claims 1-4 above, in view of US8454059 (“Stell”).
Regarding claims 5 and 15-17, Bowdery discloses the valve (see fig. 3) is attached to a container (“2100”),
wherein in the first pipe (“100”), the first flow channel (flow channel extending through first pipe “100”; see figs. 1 and 5) communicates with an inside of the container (see figs. 5 and 10C) on an opposite side (“101”) of the first flow channel from the first pipe end (“102”),
wherein the first flow channel of the first pipe is upstream, and the second flow channel (channel extending between side openings “231a” & “231b” through downstream end “302”) of the second pipe is downstream,
wherein the second pipe (“500”) includes a second pipe termination portion (luer connection portion at downstream end “302” of second pipe “500”), the second pipe termination portion having an opening (opening extending through downstream end “302” of second pipe “500”) of the second flow channel, the second pipe termination portion being an end (downstream end) on an opposite side (“302”) of the second pipe from the second pipe end, and
wherein in the open state (see figs. 4 and 5), the valve discharges fluid inside the container from the opening of the second pipe termination portion via the first flow channel and the second flow channel.
Bowdery is silent to the container being a filter container.
However, Stell teaches (see fig. 17) employing a valve (see specification col. 15, lines 24-30) attached upstream and downstream to a filter container (“172”).
It would have been obvious to one having ordinary skill in the art at the time of filing of the invention to modify the invention of Bowdery by attaching the valve to a filter container, as taught by Stell, to be able to connect fluid lines to the filter container and various different angles.
Claims 8-13 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Bowdery in view of Stell.
Regarding claim 8, Bowdery discloses a container (“2100”) including a valve (“1000”),
the valve comprising:
a first pipe (“100”) having a first pipe end (“102”), the first pipe having an external shape of a cylinder (see fig. 1), the first pipe having a first flow channel (flow channel extending through first pipe “100”; see figs. 1 and 5) inside, the first flow channel extending in a direction of an axis (“305”) of the cylinder, the first flow channel forming an opening (opening of first pipe “100” at first pipe end “102”) in the first pipe end, an opposite side (“101”) of the first flow channel from the first pipe end communicating with an inside (via opening “155”) of the container;
a second pipe (“500”) extending coaxially with the axis, the second pipe having a second pipe end (“201”), the second pipe having an external shape of a cylinder (see fig. 1), the second pipe having a second flow channel (channel extending between side openings “231a” & “231b” through downstream end “302”) inside, the second flow channel extending in the direction of the axis, an insertion portion (portion of second pipe “500” inserted into first pipe “100”; see figs. 3 and 5) of the second pipe end being inserted into the first flow channel of the first pipe from the opening of the first pipe (see figs. 3 and 5); and
a rotating ring (“400”) held by each of the first pipe and the second pipe on outer peripheral surfaces (radially outer surfaces) of the first pipe and the second pipe, to be able to perform rotation around the axis,
wherein the second flow channel does not reach the second pipe end (top end “201” of second pipe “500” is delimited by wall “251”), and extends toward (via openings “231a” & “231b”) an inner wall (interior wall of first pipe “100” defining bore “105”) of the first flow channel in the insertion portion of the second flow channel to form an opening (“231a” and/or “231b”) in the insertion portion of the second flow channel,
wherein a cam follower protrusion (“125”) is provided on a surface (exterior surface) of the first pipe,
wherein the rotating ring includes a guide cam groove (“412”; see fig. 2) configured to receive the cam follower protrusion, the cam follower protrusion moved, by the rotation of the rotating ring, in the guide cam groove between a first position (position where cam follower protrusion “125” reaches first terminal end “401a” or “402a” of guide cam groove “412”) and a second position (position where cam follower protrusion “125” reaches second terminal end “401b” or “402b” of guide cam groove “412”) so that the first pipe and the second pipe perform relative movement (between positions illustrated in figs. 3 and 5), the insertion portion of the second pipe end of the second pipe becoming longest at the first position (see figs. 2 and 3), the insertion portion of the second pipe end of the second pipe becoming shorter than at the first position at the second position (see figs. 4 and 5), and
wherein the valve has a closed state (see fig. 3) and an open state (see fig. 5), the first flow channel and the second flow channel being not in fluid communication at the first position in the closed state, the first flow channel and the second flow channel being in fluid communication at the second position in the open state.
Bowdery is silent to the container being a filter container.
However, Stell teaches (see fig. 17) employing a valve (see specification col. 15, lines 24-30) attached upstream and downstream to a filter container (“172”).
It would have been obvious to one having ordinary skill in the art at the time of filing of the invention to modify the invention of Bowdery by attaching the valve to a filter container, as taught by Stell, to be able to connect fluid lines to the filter container and various different angles.
Regarding claim 9, Bowdery discloses the guide cam groove (“412”; see figs. 2 and 4) consists of a first groove (“401b” or “402b”), a second groove (“401a” or “402a”), and a transition groove (“404” or “405”), the first groove defining the first position close (see figs. 2 and 3) to the second pipe (“500”) in the direction of the axis, the first groove drilled in a direction (circumferential direction) around the axis (“305”) on a surface (radially outer surface of rotating ring “400”) perpendicular to the axis, the second groove defining the second position farther from the second pipe than the first position in the direction of the axis (see fig. 2 and 4), the second groove drilled in a direction (circumferential direction) around the axis (“305”) on a surface (radially outer surface of rotating ring “400”) perpendicular to the axis, the transition groove connecting the first groove and the second groove (see figs. 9A and 9B).
Regarding claim 10, Bowdery discloses wherein the second pipe (“500”) includes, on the outer peripheral surface (radially outer surface) of the second pipe, a holding protrusion (annular protrusions defining axial boundaries of holding recess “312”), or a holding recess (groove “312”) drilled in a direction (circumferential direction) around the axis (“305”),
wherein the rotating ring (“400”) includes a holding protrusion (“415”) to be engaged with the holding recess (see fig. 3), or a holding recess drilled in a direction around the axis to be engaged with the holding protrusion, and
wherein the rotating ring is held to perform the rotation (between positions of figs. 2 and 4) with respect to the second pipe by engagement between the holding protrusion and the holding recess.
Regarding claim 11, Bowdery discloses wherein the first flow channel (flow channel extending through first pipe “100”; see figs. 1 and 5) includes a first flow channel enlarged portion (portion engaged by sealing ring “243”; see figs. 3 and 5) having one end (bottom end, relative to the orientation of fig. 5) forming the opening, and a first flow channel mainstream portion (“155”) having a smaller diameter than the first flow channel enlarged portion and communicating with another end (top end, relative to the orientation of fig. 5) of the first flow channel enlarged portion, and
wherein the second pipe (“500”) includes a first seal member (“243”) and a second seal member (“213”) different from the first seal member, the first seal member having an external surface (radially outer surface) constantly in contact with an inner surface (surface of enlarged inner diameter portion of first pipe “100”) of the first flow channel enlarged portion, the second seal member having an external surface (radially outer surface) in contact with an inner surface (surface defining opening “155”) of the first flow channel mainstream portion in the closed state (see figs. 2 and 3) of the valve and not in contact with the inner surface of the first flow channel mainstream portion in the open state (see figs. 4 and 5) of the valve.
Regarding claims 12 and 18-20, the combination of Bowdery and Stell discloses wherein, in the valve (Bowdery, “1000”), the first flow channel (Bowdery, flow channel extending through first pipe “100”; see figs. 1 and 5) of the first pipe is upstream, and the second flow channel (Bowdery, channel extending between side openings “231a” & “231b” through downstream end “302”) of the second pipe is downstream,
wherein the second pipe includes a second pipe termination portion (Bowdery, luer connection portion at downstream end “302” of second pipe “500”), the second pipe termination portion having an opening (Bowdery, opening extending through downstream end “302” of second pipe “500”) of the second flow channel, the second pipe termination portion being an end (Bowdery, downstream end) on an opposite side (Bowdery, downstream side “302”) of the second pipe (Bowdery, “500”) from the second pipe end (Bowdery, “201”), and
wherein in the open state (Bowdery, see figs. 4 and 5), the valve discharges fluid inside the filter container (Bowder, “2100” as modified by Stell, “172”, above) from the opening of the second pipe termination portion via the first flow channel and the second flow channel.
Regarding claim 13, Bowdery discloses wherein the guide cam groove (“412”) includes a locking mechanism (mainly defined by “126”) including a holding claw (“126”; see figs. 9A and 9B) protruding from a groove edge (“401f” or “402f”) defining the guide cam groove, and the cam follower protrusion (“125”) is kept at the first position (see figs. 2 and 3) or the second position (see figs. 4 and 5) by the locking mechanism.
Allowable Subject Matter
Claims 7 and 14 are 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:
Regarding claim 7, the closest prior art does not disclose or render obvious the valve, wherein the locking mechanism includes a receiving groove, the receiving groove arranged in the cam follower protrusion, the receiving groove configured to receive the holding claw, in combination with the limitations of the base claim and any intervening claim(s).
Regarding claim 14, the closest prior art does not disclose or render obvious the filter container, wherein the locking mechanism includes a receiving groove, the receiving groove arranged in the cam follower protrusion, the receiving groove configured to receive the holding claw, in combination with the limitations of the base claim and any intervening claim(s).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US8414033 discloses a cam mechanism having a cam groove, a cam protrusion and a pair of locking protrusions. US10801655, GB1507353 and ES1028455 disclose a coupler having a valve and a cam mechanism.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Hailey K. Do whose direct telephone number is (571)270-3458 and direct fax number is (571)270-4458. The examiner can normally be reached on Monday-Thursday (8:00AM-5:00PM ET) and Friday (8:00AM-12:00PM ET).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisors, Kenneth Rinehart at 571-272-4881, or Craig M. Schneider at 571-272-3607. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HAILEY K. DO/Primary Examiner, Art Unit 3753
