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 1-15 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 1 at line 52 recites the limitation "the fluid passage openings and the fluid passage openings". It is unclear which of the previously-introduced fluid passage openings are being referenced. It is suggested that claim 1 at line 80 should refer to the fluid passage openings of the opened ball cage casing and the fluid passage openings of the opened ball cage.
Similarly, claim 1 at line 52 should refer to the fluid passage openings of the opened ball cage.
Claim 1 at line 59, “the groove” is indefinite because it appears that it should refer to the groove which is introduced below at line 61. It is also suggested that each “groove” (e.g., claims 1 and 2) be named as a groove of the part in which it is formed (for example, “a groove” at lines 17-18 of claim 1 could be renamed as “a holder groove”, or the like). This would aid in providing antecedent basis and enhancing readability when referring back to a particular groove later in the claim.
Claim 1 at line 61 introduces a groove whereas it should introduce a plurality of grooves, and claim 1 at line 59 (which recites that each O-ring fits into the groove) should occur after the introduction of these grooves, in order to refer back to these grooves with proper antecedent basis.
The term “preferably” at line 64 of claim 1 should be removed because it cannot be determined if the limitations which follow are required of the claim.
Claim 2 at line 1 lacks antecedent basis for “it”, and at lines 18 and 21 lacks antecedent basis for “each groove”.
Claims 1 and 2 each introduce “a rubber seal”, and it cannot be determined if these are the same element. It is suggested that each “rubber seal” (e.g., claims 1 and 2) be named as a rubber seal of the part in which it is used. This would aid in providing antecedent basis and enhancing readability when referring back to a particular rubber seal.
Claim 4 lacks antecedent basis for “the number of rubber seals”.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 4 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. It is considered implicit that a seal includes at least one seal. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Allowable Subject Matter
Claim 1 would be allowable if rewritten or amended without changing claim scope 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.
Claims 2-15 would be allowable if rewritten without changing claim scope 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. GB 2138474 and US 2021/0156225 are considered the closest prior art and disclose check valves with similar ball valve and body arrangements.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM M MCCALISTER whose telephone number is (571)270-1869. The examiner can normally be reached M-F from 7am to 6pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CRAIG SCHNEIDER, can be reached at telephone number 571-272-3607, or Kenneth Rinehart can be reached at 571-272-4881. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WILLIAM M MCCALISTER/ Primary Examiner, Art Unit 3753
6/4/26
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