`
`Introduction
`
`REMARKS
`
`Claims 9—1 5 are pending, of which claims 9 and 12 are independent.
`
`Claims 9, 10, 12 and 13 have been amended to correct informalities in the claim language.
`
`No new matter has been added.
`
`Objection
`
`Claims 10 and 13 were objected to because of minor informalities. Applicant submits
`
`that the amendment made to claims 10 and 13 overcomes this objection.
`
`Patentability under 35 U.S.C. § 112
`
`Claims 9 and 12 were rejected under 35 U.S.C. § 112, second paragraph, as allegedly
`
`being indefinite. Applicant submits that the amendment made to claims 9 and 12 overcomes this
`
`rejection.
`
`Patentability under 35 U.S.C. § 103(a)
`
`Claims 9 and 10 were rejected under 35 U.S.C. § 103(a) as being unpatentable over
`
`Satoshi (JP 2010—025471) in view of Ceroke (US 4,986,502) and Clevenger et al. (US 6,585,128).
`
`Applicant respectfully submits that none of the cited references disclose or even suggest
`
`that “an end ofthe protruding portion is positioned closer to the storage than the first surface of
`
`the packing in the close state,” as recited by claims 9 and 12.
`
`In response to the previously filed Amendment, the Examiner newly cited Clevenger
`
`asserting that FIGS. 5 and 6 discloses this feature. Applicant disagrees.
`
`Applicant submits that since Clevenger fails to disclose the use of a gagging between the
`
`first flange and the second flange, Clevenger cannot provide any information about the length of
`
`the alleged protruding portion relative to the first surface of the packing (the first surface being
`
`configured to abut the first flange in a close state).
`
`It is noted that as shown below, the circled
`
`portion is a part of external thread 56 and is a flange similar to the alleged second flange 83d of
`
`Satoshi. Further, there is no dimensional similarity between Satoshi and Clevenger. As such,
`
`DM‘US 50908650—10921220022
`
`
`
`Application N0.: 13/283,814
`
`Clevenger does not disclose that “an end ofthe protruding portion is positioned closer to the
`
`storage than the first surface ofthe packing in the close state,” as recited by claims 9 and 12.
`
`
`
`fl"“
`
`Qidnultiusun‘t
`
`
`
`Further, the Examiner’s reasoning to combine Clevenger with Satoshi is inappropriate to
`
`establish a prima facie case of obviousness. On page 8 of the Office Action, the Examiner stated
`
`that “[i]t would have been obvious. .to modify Satoshi by Clevenger such that
`
`with the
`
`motivation of preventing the overtightening the second member.”
`
`However, neither Satoshi nor Clevenger discloses the overtightening issue of the alleged
`
`second member. Rather, the Examiner relied on the explanation with respect to the
`
`overtightening issue that can be resolved by the present application, which was made by the
`
`Applicant’s representative during the interview on December 12, 2013. Such reliance is clearly
`
`improper.
`
`Further, in Clevenger, the breather cap 30 includes an air path as indicated by a broken
`
`arrow shown above. See, col. 3, line 51—col. 4, line 23 of Clevenger. One of ordinary skill in the
`
`art would readily understand that to secure the air path, the alleged protruding portion of the cap
`
`30 should not closely contact to the surface of the tank 10. Thus, the alleged protruding portion
`
`does not prevent overtightening of the alleged second member.
`
`Based on the foregoing, Applicant submits that claims 9 and 12 and all claims dependent
`
`thereon are patentable over the cited references.
`
`DM‘US 50908650-10921220022
`
`
`
`Application N0.: 13/283,814
`
`CONCLUSION
`
`Having fully responded to all matters raised in the Office Action, Applicant submits that
`
`all claims are in condition for allowance, an indication for which is respectfully solicited. If
`
`there are any outstanding issues that might be resolved by an interview or an Examiner’s
`
`amendment, the Examiner is requested to call Applicant’s attorney at the telephone number
`
`shown below.
`
`To the extent necessary, a petition for an extension of time under 37 CPR. § 1.136 is
`
`hereby made. Please charge any shortage in fees due in connection with the filing of this paper,
`
`including extension of time fees, to Deposit Account 500417 and please credit any excess fees to
`
`such deposit account.
`
`Respectfully submitted,
`
`McDERMOTT WILL & EMERY LLP
`
` /Takashi Saito/
`
`
`
`Takashi Saito
`
`Registration No. 69,536
`
`Please recognize our Customer No. 53080
`as our correspondence address.
`
`500 North Capitol Street, NW.
`Washington, DC 20001 ~1531
`Phone: 202.756.8000 MEFzTS:
`
`Facsimile: 202.756.8087
`
`Date: April 9, 2014
`
`DM‘US 509086504 0921220022
`
`
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