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 .
Election/Restrictions
Applicant’s election without traverse of Species I, Figs. 3-5, in the reply filed on 6/26/26 is acknowledged.
Claims 1-19 (Claims 4-6 as noted by the applicant, but is actually all the claims) as the independent claim 1 does not include limitations that are in Figs. 3-5 such as the plunger packing comprising a plurality of annular packing seals which is only seen in Fig. 8 which is non-elected and there are no valves in Figs. 3-5 and actually no “valve pair” disclosed in the entire specification) are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 6/26/26.
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 1-19 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. The elected species of Species I of Figs. 3-5 does not include all the elements in independent claim 1 such as a plurality of annular packing seals which is only seen in Fig. 8 which is non-elected and there are no valves in Figs. 3-5 and actually no “valve pair” is disclosed in the entire specification.
Conclusion
The examiner will do an examination of the claims using art when there are claims that read on the single species of Species I, Figs. 3-5, and which will be considered to be finally rejected in the next office action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN BASTIANELLI whose telephone number is (571)272-4921. The examiner can normally be reached Monday-Thursday.
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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/John Bastianelli/
Primary Examiner, Art Unit 3753
571-272-4921
Prosecution Insights