`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313- 1450
`wwwusptogov
`
`APPLICATION NO.
`
`
`
`
`
` F ING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`
`
`
`
`CONF {MATION NO.
`
`13/283,814
`
`10/28/2011
`
`Yoshihiro Takahashi
`
`092122—0022
`
`8835
`
`.
`EXAMINER
`McDmnwmandEmeryLLp —
`”0’20” —
`7590
`53080
`The McDermott Building
`TANENBAUM,TZV1 SAMUEL
`BER
`500 North Capitol Street, NW.
`ART UNIT
`PAPER
`WASHINGTON, DC20001——UM
`3744
`
`
`
`
`
`01/ 1 0/2014
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`following e—mail address(es):
`
`mweipdocket @ mwe.c0m
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Applicant(s)
`Application No.
` 13/283,814 TAKAHASHI, YOSHIHIRO
`
`
`AIA (First Inventor to File)
`Art Unit
`Examiner
`Office Action Summary
`
`
`STEVE TAN ENBAUM [SENS 3744
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR1. 136( a).
`after SIX () MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1 .704(b).
`
`In no event, however, may a reply be timely filed
`
`Status
`
`1)IZI Responsive to communication(s) filed on 12/13/2013.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2b)|:l This action is non-final.
`2a)|Z| This action is FINAL.
`3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
`
`; the restriction requirement and election have been incorporated into this action.
`
`4)|:| Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`
`closed in accordance with the practice under Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`5)IZI Claim(s) 1-16is/are pending in the application.
`5a) Of the above claim(s) 148 is/are withdrawn from consideration.
`
`is/are allowed.
`6)I:I Claim(s)
`7)|Z| CIaim(s)_9-16is/are rejected.
`8)|:I Claim(s)_ is/are objected to.
`
`
`are subject to restriction and/or election requirement.
`9)I:I Claim((s)
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`participating intellectual property office for the corresponding application. For more information, please see
`hit
`:/'/\W¢W.LISI>I‘.0. ovI’ atentS/init events/
`
`
`
`iindex.‘s or send an inquiry to PPI-iieedback{®usgtc.00v.
`
`Application Papers
`
`10)I:l The specification is objected to by the Examiner.
`11)I:l The drawing(s) filed on
`is/are: a)I:I accepted or b)I:I objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`
`12)I:| Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a)I:l All
`
`b)|:l Some” c)I:l None of the:
`
`1.I:I Certified copies of the priority documents have been received.
`2.|:l Certified copies of the priority documents have been received in Application No.
`3.|:| Copies of the certified copies of the priority documents have been received in this National Stage
`
`application from the International Bureau (PCT Rule 17.2(a)).
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1) E Notice of References Cited (PTO-892)
`
`3) D Interview Summary (PTO-413)
`
`Paper NoISI/Ma" Date” —'
`PTO/SB/08b
`d/
`PTO/SB/08
`t
`1
`St
`I
`D'
`I'
`f
`2 I] I
`
`I
`4) IZI Other: JP2010-025471'JPH08277938A.
`aan °r
`aemen ISII
`n ormann 'Sc osure
`I
`Paper No(s)/Mai| Date
`US. Patent and Trademark Office
`PTOL—326 (Rev. 11-13)
`
`Part of Paper No./Mai| Date 20131227
`
`Office Action Summary
`
`

`

`Application/Control Number: 13/283,814
`
`Page 2
`
`Art Unit: 3744
`
`DETAILED ACTION
`
`1.
`
`The present application is being examined under the pre-AIA first to invent
`
`provisions.
`
`2.
`
`3.
`
`4.
`
`Claims 1-16 are pending.
`
`Claims 1-8 are cancelled and claims 9-16 are new.
`
`In view of the cancellation of claims 1-8, all previously entered rejections are
`
`withdrawn.
`
`Claim Objections
`
`5.
`
`Claims 10, 13 are objected to because of the following informalities: “groove
`
`formed” should be changed to --groove is formed-- for clarity. Appropriate correction is
`
`required.
`
`Claim Rejections - 35 USC § 1 12
`
`6.
`
`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.
`
`7.
`
`Claims 9, 12 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 pre-AIA the
`
`applicant regards as the invention.
`
`8.
`
`Claim 9 recites that a packing [is] disposed “on a side of the first flange of the
`
`second flange.” It is unclear as to where exactly the packing is disposed.
`
`

`

`Application/Control Number: 13/283,814
`
`Page 3
`
`Art Unit: 3744
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`9.
`
`The examiner has interpreted claim 9 to indicate that the packing is disposed on
`
`a side of the second flange, wherein the side of the second flange is facing the first
`
`flange.
`
`Claim Rejections - 35 USC § 103
`
`10.
`
`The text of those sections of Title 35, U.S. Code not included in this action can
`
`be found in a prior Office action.
`
`11.
`
`Claims 9-10 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable
`
`over Satoshi (JP Pub No. 2010-025471) in view of Ceroke (U.S. Pat. No. 4,986,502)
`
`and Clevenger et al. (U.S. Pat. No. 6,585,128).
`
`12.
`
`Regarding claim 9,
`
`13.
`
`Satoshi is directed towards a pressure regulating device utilizing a plug which
`
`eliminates negative pressure inside a low temperature storage (abstract).
`
`14.
`
`Satoshi therefore teaches
`
`A plug mechanism for a storage comprising (abstract; see Figs. 1-2):
`
`a first member 82 including,
`
`a cylinder 82c mounted in a through-hole 21 a formed on a storage 1 (see
`
`Figs. 2-3b),
`
`the cylinder having an internal thread 82b formed on an inner surface of
`
`the cylinder (see Fig. 2), and
`
`a first flange 82a integrally formed on one end of the cylinder, the flange
`
`abutting onto an outer side of the storage (see Fig. 3b); and
`
`

`

`Application/Control Number: 13/283,814
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`Page 4
`
`Art Unit: 3744
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`a second member 83 mounted to the first member to open or close the
`
`through-hole (abstract; see Figs. 3a-3b), the second member including,
`
`a column 83f mounted in the cylinder (see Fig. 3b),
`
`the column having an external thread 83b formed on an outer surface of
`
`the column (see Fig. 2), the external thread threaded/y engaged with the
`
`internal thread of the cylinder (see Fig. 3b), and
`
`a second flange 83d integrally formed on one end of the column, the
`
`second flange including,
`
`a packing 83e disposed on a side of the first flange of the second flange
`
`and having a first surface and a second surface opposite to the first
`
`surface, the first surface being configured to abut the first flange in a close
`
`state where the first and second flanges are abutted and the through-hole
`
`is closed (see annotated Fig. 3b, below), and a protruding portion
`
`protruding from the second flange toward the storage (see annotated Fig.
`
`3b, below).
`
`

`

`Application/Control Number: 13/283,814
`
`Page 5
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`Art Unit: 3744
`
`
`
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`
`15.
`
`16.
`
`Satoshi does not teach
`
`a groove formed on the external thread
`
`wherein the groove oonneots an outside and inside of the storage through
`
`the through- hole in an open state where the first and second flanges are
`
`not abutted, while the external thread is threaded/y engaged with the
`
`internal thread.
`
`

`

`Application/Control Number: 13/283,814
`
`Page 6
`
`Art Unit: 3744
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`17.
`
`Ceroke is directed towards a drain plug for threaded engagement within a
`
`threaded drain opening of a pressurized system to prevent complete removal of the plug
`
`before release of any residual pressure within the system (abstract). An axially
`
`extending groove (cut) is formed in the threaded portion of an elongated shank of the
`
`plug and terminates in an unthreaded area of the shank adjacent to an enlarged head of
`
`the plug (abstract).
`
`18.
`
`Ceroke teaches a cut 18 which is configured to permit any residual pressure to
`
`flow through groove 18 via groove outlet end 21 (col 4, lines 5-11; Fig. 5). Further, cut
`
`18 is configured to open a part of opening 10 in a state where the O-ring 15 is unseated
`
`from the face 16 or surface 17, while the external thread 4 is threadedly engaged with
`
`internal thread 12 (col 4, lines 5-11; Fig. 5;). In this manner, the internal pressure of
`
`vessel 11 and the external pressure outside of vessel 11 will be equalized.
`
`19.
`
`Accordingly, Ceroke teaches
`
`a groove 18 formed on an external thread 4
`
`wherein the groove connects an outside and inside of a storage 11
`
`through the through- hole 10 in an open state where the first 17 and
`
`second flanges 9 are not abutted, while the external thread is threaded/y
`
`engaged with the internal thread (col 4, lines 5-11 ; Fig. 5).
`
`20.
`
`It would have been obvious to one of ordinary skill in the art at the time of
`
`invention to modify Satoshi by Ceroke such that
`
`a groove [is] formed on the external thread
`
`

`

`Application/Control Number: 13/283,814
`
`Page 7
`
`Art Unit: 3744
`
`wherein the groove connects an outside and inside of the storage through
`
`the through- hole in an open state where the first and second flanges are
`
`not abutted, while the external thread is threaded/y engaged with the
`
`internal thread
`
`with the motivation of allowing the equalization of the pressure within and without
`
`housing 1 without necessitating the complete removal of plug 83.
`
`21.
`
`Satoshi does not teach a protruding portion protruding from the second flange
`
`toward the storage
`
`wherein an end of the protruding portion is positioned closer to the storage
`
`than the first surface of the packing in the close state.
`
`22.
`
`Referring to annotated Fig. 6, Clevenger teaches that
`
`wherein an end of the protruding portion is positioned closer to a storage
`
`10 (see Fig. 5) than the first surface of a packing.
`
`23.
`
`

`

`Application/Control Number: 13/283,814
`
`Page 8
`
`Art Unit: 3744
`
`
`
`F;
`
`Protrfiding
`portion
`
`First surface
`
`of a packing
`
`24.
`
`25.
`
`It is known in the art that protruding projections from a cap may be used to
`
`prevent overtightening of the cap.
`
`26.
`
`It would have been obvious to one of ordinary skill in the art at the time of
`
`invention to modify Satoshi by Clevenger such that the protruding portion protruding
`
`from the second flange toward the storage has
`
`an end of the protruding portion is positioned closer to the storage than
`
`the first surface of the packing in the close state
`
`with the motivation of preventing the overtightening of the second member.
`
`27.
`
`Regarding claim 10,
`
`28.
`
`Satoshi does not teach that
`
`

`

`Application/Control Number: 13/283,814
`
`Page 9
`
`Art Unit: 3744
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`the groove [is] formed over an entire length of the column in a direction of
`
`the threaded engagement.
`
`29.
`
`Ceroke teaches that
`
`the external thread 4 has a groove 18 formed over the entire length
`
`thereof (see Fig. 2) in a direction of the threaded engagement (see Fig. 4).
`
`30.
`
`It would have been obvious to one of ordinary skill in the art at the time of
`
`invention to modify Satoshi by Ceroke such that
`
`the groove [is] formed over an entire length of the column in a direction of
`
`the threaded engagement.
`
`with the motivation of ensuring that internal and external pressure of the storage is
`
`allowed to equalize while still ensuring that a proper length of internal and external
`
`thread is engaged so that the plug member remains threadedly engaged with the
`
`internal thread.
`
`31.
`
`Regarding claim 11,
`
`32.
`
`Satoshi, as modified by Ceroke above, does not teach that
`
`the column includes a plurality of grooves.
`
`33.
`
`A mere duplication of working parts of a device involves only routine skill in the
`
`art and therefore duplicating the groove taught in Ceroke would be well within the level
`
`of ordinary skill in the art.
`
`34.
`
`It would have been obvious to one of ordinary skill in the art at the time of
`
`invention to duplicate the grove to form a plurality of grooves with the motivation of
`
`

`

`Application/Control Number: 13/283,814
`
`Page 10
`
`Art Unit: 3744
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`ensuring that the equalization of external and internal pressure occurs faster than with a
`
`single cut.
`
`35.
`
`Regarding claim 12,
`
`36.
`
`Satoshi teaches
`
`A storage comprising:
`
`a heat-insulating housing 1 (see abstract) including,
`
`a heat-insulating wall (see abstract, Figs. 1-2) including a through-hole
`
`21 a passing through the heat- insulating wall from an outside to an inside
`
`of the heat-insulating housing 1 (see Figs. 1-2),
`
`and an internal thread 82b formed on an inner surface of the through-hole
`
`(see Figs. 2, 3b), and
`
`a first flange 82a disposed at around the through-hole on an outer side of
`
`the heat- insulating wall (see Figs. 1-2);
`
`a cooling device 4 configured to cool the inside of the heat-insulating
`
`housing; and
`
`a plug 83 mounted to the through-hole to open or close the through-hole
`
`(see Figs. 3A, 3B, 4B),
`
`the plug including,
`
`a column 83f mounted in the through-hole, the column having an external
`
`thread 83b formed on an outer surface of the column.
`
`

`

`Application/Control Number: 13/283,814
`
`Page 11
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`Art Unit: 3744
`
`37.
`
`The remaining subject matter of claim 12 is directed towards essentially the
`
`same subject matter as claim 9 and has been addressed in the rejection of claim 9. See
`
`rejection of claim 9 above.
`
`38.
`
`Regarding claim 13,
`
`39.
`
`The subject matter of claim 13 is directed towards essentially the same subject
`
`matter as claim 10 and has been addressed in the rejection of claim 10. See rejection of
`
`claim 10 above.
`
`40.
`
`Regarding claim 14,
`
`41.
`
`The subject matter of claim 14 is directed towards essentially the same subject
`
`matter as claim 11 and has been addressed in the rejection of claim 11. See rejection of
`
`claim 11 above.
`
`42.
`
`Regarding claim 15,
`
`43.
`
`Satoshi does not teach that
`
`a protruding length of the protruding portion is greater than a thickness of
`
`the packing.
`
`44.
`
`Referring to annotated Fig. 6, Clevenger teaches that
`
`a protruding length of a protruding portion is greater than a thickness of a
`
`packing.
`
`45.
`
`It is known in the art that protruding projections from a cap may be used to
`
`prevent overtightening of the cap.
`
`46.
`
`It would have been obvious to one of ordinary skill in the art at the time of
`
`invention to modify Satoshi by Clevenger such that
`
`

`

`Application/Control Number: 13/283,814
`
`Page 12
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`Art Unit: 3744
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`a protruding length of the protruding portion is greater than a thickness of
`
`the packing
`
`with the motivation of preventing the overtightening of the second member by ensuring
`
`that the protruding portions strike the heat-insulated storage walls before the plug 83
`
`can be overtightened.
`
`47.
`
`Regarding claim 16,
`
`48.
`
`The subject matter of claim 16 is directed towards essentially the same subject
`
`matter as claim 15 and has been addressed in the rejection of claim 15. See rejection of
`
`claim 15 above.
`
`Response to Arguments
`
`49.
`
`Applicant's arguments filed 12/13/2013 have been fully considered but they are
`
`not persuasive.
`
`50.
`
`Clevenger demonstrates that the newly claimed subject matter is known in the
`
`art. Clevenger further teaches that it would be well within the level of ordinary skill to, for
`
`example, to lengthen the protruding portions taught in Satoshi such that an end of the
`
`protruding portion is positioned closer to the storage than the first surface of the packing
`
`in the close state.
`
`51.
`
`Further, it is known in the art to utilize protruding portions from a cap to prevent
`
`overtightening. For example, Yoshinobu teaches a sealing material 3 which is inserted
`
`in an cap 1, abuts on the seal surface 7 of an oiling port so as to from a seal part, and
`
`ring shaped projection 9 is arranged on either one of the seal material of the seal part of
`
`the seal surface 7 (see Figs. 1, 4) to prevent overtightening of the filler cap 1.
`
`

`

`Application/Control Number: 13/283,814
`
`Page 13
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`Art Unit: 3744
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`Conclusion
`
`52.
`
`Applicant's amendment necessitated the new ground(s) of rejection presented in
`
`this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP
`
`§ 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37
`
`CFR1.136(a).
`
`A shortened statutory period for reply to this final action is set to expire THREE
`
`MONTHS from the mailing date of this action.
`
`In the event a first reply is filed within
`
`TWO MONTHS of the mailing date of this final action and the advisory action is not
`
`mailed until after the end of the THREE-MONTH shortened statutory period, then the
`
`shortened statutory period will expire on the date the advisory action is mailed, and any
`
`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
`
`the advisory action.
`
`In no event, however, will the statutory period for reply expire later
`
`than SIX MONTHS from the date of this final action.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to STEVE TANENBAUM whose telephone number is
`
`(313)446-6522. The examiner can normally be reached on Monday through Friday 9:30
`
`AM to 6:00 PM.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Frantz Jules can be reached on (571) 272-6681. The fax phone number for
`
`the organization where this application or proceeding is assigned is 571 -273-8300.
`
`

`

`Application/Control Number: 13/283,814
`
`Page 14
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`Art Unit: 3744
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`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
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`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
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`
`/CASSEY D BAUER/
`
`Primary Examiner, Art Unit 3744
`
`/S. T./
`
`Examiner, Art Unit 3744
`
`