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 limitations of claim 21 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.
Claim Objections
The numbering of claims is not in accordance with 37 CFR 1.126 which requires the original numbering of the claims to be preserved throughout the prosecution. When claims are canceled, the remaining claims must not be renumbered. When new claims are presented, they must be numbered consecutively beginning with the number next following the highest numbered claims previously presented (whether entered or not).
There are two claims numbered 22. Appropriate correction is required.
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) 10, 12-16, 18-19, 23 is/are rejected under 35 U.S.C. 102[(a)(1) or 102(a)(2) as being anticipated by How Pneumatic Quick Exhaust Valve Works With Animation, by Airmax Pneumatics LTD, (URL: https://www.youtube.com/watch?v=BTNiZhbrLNg), published 2021 (hereafter Youtube).
Youtube discloses:
10. (New) A piston pump with quick exhaust slide valves comprising: a single piston in two air piston chambers with reciprocating motion separating the two piston air chambers and two quick exhaust valves, one of the quick exhaust valves for each air piston chamber, which prevent, by means of a sliding mechanism of the quick exhaust valves, the evacuation of the air from the air piston chambers through a main air distribution valve, preventing the main distribution valve from freezing and allowing the air to be discharged directly into the environment from the piston pump (see annotated screen captures 1 and 2 herein).
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Screen capture 1
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Screen capture 2
12. (New) The piston pump with quick exhaust slide valves according to claim 10 wherein the quick exhaust slide valves have a guided slide or moving part which allows air to enter the air piston chamber and when the stroke is reversed to be exhausted directly from the air piston chamber into the environment via the main exhaust system of the piston pump (see screen captures 1 and 2).
13. (New) The piston pump with quick exhaust slide valves according to claim 10 wherein the quick exhaust valves comprise a prismatic slide system with a moving part, a stationary sleeve and housing, so that the moving part has linear travel guided by the stationary sleeve and housing (see screen capture 2).
14. (New) The piston pump with quick exhaust slide valves according to claim 13 wherein each of the quick exhaust slide valves has three ports (see ports 1-3 in screen capture 2), one of the ports is always open (port 3 in screen capture 2), and the other two of the ports are closed by a moving part (see moving part in screen capture 2 and see either of ports 1 or 2 in screen capture 2), one of the three ports being in an operating position of a moving part (see either of ports 1 or 2 in screen capture 2).
15. (New) The piston pump with quick exhaust slide valves according to claim 14 wherein the moving part is displaced by the dynamic pressure of the compressed air, depending on whether it arrives at one port or the other port, the moving part comprises: a compressed air inlet port (port 2 in screen capture 2); an air outlet port to the atmosphere (port 1 in screen capture 2); an air motor port (port 3 in screen capture 2); the moving part of quick exhaust slide valve; the stationary sleeve of quick exhaust slide valve; and quick exhaust slide valve body/housing (as best understood, see screen capture 2).
16. (New) The piston pump with quick exhaust slide valves according to claim 10 wherein the quick exhaust valves are independent accessories externally coupled to the piston pump, and the independent accessories are used in any pneumatic system as independent quick exhaust valves (as best understood, see screen captures 1 and 2).
18. (New) The piston pump with quick exhaust slide valves according to claim 13, wherein the moving part of the quick exhaust valves has a part of flexible and elastic material which deforms elastically when the quick exhaust valve receives air under pressure from a convex side of the part, contracting and allowing the passage of pressurised air and, when the quick exhaust valve receives the pressurised air from a concave side of the part, the part elastically deforms and expands to fill an entire cylindrical cross-section of a housing of the quick exhaust valve (see radially outer portion of prismatic moving part in screen captures 1 and 2 which elastically deforms as claimed).
19. (New) The piston pump with quick exhaust slide valves according to claim 18 wherein the part of flexible and elastic material exerts thrust force to move the moving part until the moving part butts against the housing sealing an air inlet port of the quick exhaust valve (see screen captures 1 and 2).
23. (New) The piston pump with quick exhaust slide valves according to claim 12 , wherein the design of the quick exhaust slide valves prevents the possibility of misalignment of the moving part (see the alternative interpretation of the moving part in screen capture 2), ensuring the guidance of said moving part, which makes it possible to lengthen travel of the moving part to increase the section of the compressed air passage, reducing load loss and improving the performance of the quick exhaust slide valve with respect to designs of the same size, which have a short travel so that the moving part, without guidance, does not become misaligned and cause leaks and/or malfunctioning (see the alternative interpretation of the moving part in screen capture 2 which is integrally connected to the main body of the valve and thus prevents the possibility of misalignment of the moving ensuring the guidance of said moving part, which makes it possible to lengthen travel of the moving part to increase the section of the compressed air passage, reducing load loss and improving the performance of the quick exhaust slide valve with respect to designs of the same size, which have a short travel so that the moving part, without guidance, does not become misaligned and cause leaks and/or malfunctioning.).
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.
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.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over How Pneumatic Quick Exhaust Valve Works With Animation, by Airmax Pneumatics LTD, (URL: https://www.youtube.com/watch?v=BTNiZhbrLNg), published 2021 (hereafter Youtube) in view of Morita US 5365827.
Youtube discloses:
11. (New) The piston pump with quick exhaust slide valves according to claim 10 wherein the piston pump having a main exhaust system which comprises: at least one compressed air inlet connection; at least one of the main air distribution valve; the two air piston chambers; at least two of the quick exhaust slide valves; and an air chamber piston (see screen capture 1).
Youtube does not disclose at least one pneumatic piston pump silencing system; at least two piston limit switch sensors.
Morita discloses at least one pneumatic piston pump silencing system 20; at least two piston limit switch sensors (42, 44).
Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to utilize a silencer and piston limit switch sensors as taught by Morita in the system of Youtube to gain the benefit of reducing noise and electronically sensing the end of the piston stroke to conserve energy.
Claim(s) 17, 20, 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over How Pneumatic Quick Exhaust Valve Works With Animation, by Airmax Pneumatics LTD, (URL: https://www.youtube.com/watch?v=BTNiZhbrLNg), published 2021 (hereafter Youtube).
Youtube discloses:
17. (New) The piston pump with quick exhaust slide valves according to claim 10, wherein the quick exhaust valves electronically operated (In light of the specification, this will be read as the main air distribution valve being an electronically controlled valve which in turn causes the air motor and the associated quick exhaust valves to be actuated. The examiner takes official notice that switching valves are commonly electronically controlled and it would be obvious to use such a valve in the system of Youtube to gain the benefit of using an electronic control system to control the operation of the air motor.
Youtube discloses:
20. (New) The piston pump with quick exhaust sliding valves according to claim 19 wherein the moving part has a part of flexible and elastic material located in the area that contacts the stationary sleeve in one of the operating positions, sealing an air outlet port of the valve (see sealing part in screen capture 2 wherein the moving body is depicted as being a uniform material of an elastic nature.). Additionally, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice (In re Leshin, 125 USPQ 416). In any event, the examiner takes official notice that seals are commonly made of flexible elastic material and it would be obvious to use such a valve in the system of Youtube to gain the benefit of sealing the ports as desired.
22. (New) The piston pump with quick exhaust slide valves according to claim 12 wherein the moving part is entirely made of a single piece of flexible and elastic material (see moving part in screen capture 2 wherein the moving body is depicted as being a uniform material of an elastic nature). Additionally, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice (In re Leshin, 125 USPQ 416). Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to utilize a moving part made of a single material as depicted in screen capture 2 of Youtube to gain the benefit of reducing manufacturing costs.
Claim(s) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over How Pneumatic Quick Exhaust Valve Works With Animation, by Airmax Pneumatics LTD, (URL: https://www.youtube.com/watch?v=BTNiZhbrLNg), published 2021 (hereafter Youtube) in view of Heureux US 2772813.
Youtube discloses:
22. (New) The piston pump with quick exhaust slide valves according to claim 12, wherein the quick exhaust slide valves are integrated in a pneumatic actuator on which the quick exhaust slide valves are to operate (see e.g. screen capture 2).
Youtube does not disclose wherein the pneumatic actuator has housings into which the moving part and stationary parts of the quick exhaust valves are inserted.
Heureux discloses the use of a housing 29 surrounding a pneumatic actuator 142. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to utilize a housing to surround the pneumatic actuator of Youtube as taught by Heureux to gain the benefit of protecting the pneumatic actuator from damage. With this modification, Youtube as modified above would disclose has housings into which the moving part and stationary parts of the quick exhaust valves are inserted (see housing in screen capture 2 and housing 29 of Heureux).
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 17 and 21 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 17 states wherein the quick exhaust valves electronically operated.
MPEP2163 II. A. 3. at paragraph three states: "An applicant may show possession of an invention by disclosure of drawings or structural chemical formulas that are sufficiently detailed to show that applicant was in possession of the claimed invention as a whole. No details of the quick exhaust valves electronically operated are provided in the drawings.
MPEP 2163 I. at paragraph two states: "To satisfy the written description requirement, a patent specification must describe the claimed invention in sufficient detail that one skilled in the art can reasonably conclude that the inventor had possession of the claimed invention." No details of the quick exhaust valves electronically operated are provided in the description.
As set forth in MPEP 2166 at form paragraph 7.31.01, the questions the examiner asked which were not satisfactorily resolved and consequently raised doubt as to possession of the claimed invention at the time of filing, include:
What is particular is the structure of the quick exhaust valves electronically operated?
How in particular are the quick exhaust valves electronically operated?
Claim 21 states wherein the moving part has the two of the parts of flexible material assembled by means of fittings or bolted to a structure of a rigid material, the rigid material being metallic or plastic.
MPEP2163 II. A. 3. at paragraph three states: "An applicant may show possession of an invention by disclosure of drawings or structural chemical formulas that are sufficiently detailed to show that applicant was in possession of the claimed invention as a whole. No details of the wherein the moving part has the two of the parts of flexible material assembled by means of fittings or bolted to a structure of a rigid material, the rigid material being metallic or plastic are provided in the drawings.
MPEP 2163 I. at paragraph two states: "To satisfy the written description requirement, a patent specification must describe the claimed invention in sufficient detail that one skilled in the art can reasonably conclude that the inventor had possession of the claimed invention." No details of the wherein the moving part has the two of the parts of flexible material assembled by means of fittings or bolted to a structure of a rigid material, the rigid material being metallic or plastic are provided in the description.
As set forth in MPEP 2166 at form paragraph 7.31.01, the questions the examiner asked which were not satisfactorily resolved and consequently raised doubt as to possession of the claimed invention at the time of filing, include:
What is particular is the structure of the moving part which has the two of the parts of flexible material assembled by means of fittings or bolted to a structure of a rigid material, the rigid material being metallic or plastic? What in particular is the structure of the fittings? What in particular is the structure of the f the parts of flexible material? What in particular is the structure of a rigid material, the rigid material being metallic or plastic? What is particular is the structure of the fittings?
Thus, claims 17 and 21 contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
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 10-23 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 10 states “A piston pump with quick exhaust slide valves comprising:” and then claims “and two quick exhaust valves”. It is unclear if the latter is referring to the former, or not.
Claim 10 states “a single piston in two air piston chambers”. There appears to be a single chamber, not two chambers.
Claim 10 states “with reciprocating motion separating the two piston air chambers”. This appears to mean a reciprocating piston separating the single chamber into two separate chambers. Reciprocating motion does not separate chambers.
Claim 11 states “an air chamber piston”. There is already a single piston claimed in claim 10. It is unclear if these are the same pistons, or not.
Claim 15 states “at one port or the other port”. There are three ports claimed in claim 13. Therefore, it is unclear what these ports in claim 15 are referring to.
Claim 15 states quick exhaust slide valve body/housing. It is unclear what this is referring to.
Claim 15 states “a compressed air inlet port; an air outlet port to the atmosphere; an air motor port”. It is unclear how these ports are related to the three ports already claimed in claim 14.
Claim 16 states “the independent accessories are used in any pneumatic system as independent quick exhaust valves”. It is unclear if applicant is claiming use of the vales in another system, or not. The claim does not appear to make logical sense.
Claim 17 states wherein the quick exhaust valves electronically operated. It is unclear what this is referring to. There is no structure disclosed to directly operate the valves electronically. Therefore, in light of the specification it is unclear what is being claimed.
Claim 18 states a housing. It is unclear how this relates to the housing already claimed in claim 13.
Claim 20 states a part of flexible and elastic material. There is already a part of flexible and elastic material claimed in claim 18. It is unclear how these parts are related.
Claim 21 states wherein the moving part has the two of the parts of flexible material. It is unclear what this refers to.
Claim 23 states “with respect to designs of the same size, which have a short travel so that the moving part, without guidance, does not become misaligned and cause leaks and/or malfunctioning.” It is unclear what “the same size refers to”. The same size of what? It is also unclear what “designs” refers to. What “designs” in particular are being refenced?
Claim 23 states “short travel”. The term “short” in claim 23 is a relative term which renders the claim indefinite. The term “short” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The specification does not provide any standard for determining what is considered “short”.
Claim 23 states “so that the moving part”. This does not appear to be the moving part already claimed and therefore appears to have improper antecedent basis.
Claim 23 states “which makes it possible to lengthen travel of the moving part to increase the section of the compressed air passage, reducing load loss and improving the performance of the quick exhaust slide valve with respect to designs of the same size”. The limitations “makes it possible” make it unclear if applicant is claiming a particular length, or not (i.e. merely stating a possibility but not requiring anything). Thus, the wording of the claim is indefinite.
Dependent claims are rejected based on their dependency to the claims rejected in detail above. The claims rejected above under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite will be examined as best understood under the broadest reasonable interpretation in light of the specification, and as per MPEP 2173.06 I interpretations of the indefinite limitations will be provided as mappings to the disclosure of the prior art as indicated in the prior art rejections herein.
Conclusion
See form PTO-892 for additional prior art made of record but not relied upon that is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS ANDREW FINK whose telephone number is (571) 270-3373. The examiner can normally be reached on M-Th 9-7.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mark Laurenzi can be reached on (571) 270-7878. The fax phone number for the organization where this application or proceeding is assigned is 571-270-4373.
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.
/Thomas Fink/Primary Examiner, Art Unit 3746
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