Ex Parte Ruttenberg

Patent Trials and Appeals Board

May 24, 2019

14440313 - (D) (P.T.A.B. May. 24, 2019)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR
14/440,313 05/01/2015 Gideon Ruttenberg
34284 7590 05/29/2019
RUTAN & TUCKER, LLP
611 ANTON BL VD
SUITE 1400
COST A MESA, CA 92626
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www .uspto.gov
ATTORNEY DOCKET NO. CONFIRMATION NO.
101879.0003P 4657
EXAMINER
ZHOU, QINGZHANG
ART UNIT PAPER NUMBER
3752
NOTIFICATION DATE DELIVERY MODE
05/29/2019 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):
patents@rutan.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte GIDEON RUTTENBERG 1
Appeal2018-008202
Application 14/440,313
Technology Center 3700
Before MICHAEL L. HOELTER, ANNETTE R. REIMERS, and
LISA M. GUIJT, Administrative Patent Judges.
HOELTER, Administrative Patent Judge.
DECISION ON APPEAL
STATEMENT OF THE CASE
This is a decision on appeal, under 35 U.S.C. § 134(a) from the
Examiner's final rejection of claims 1-11. App. Br. 4. Claims 12-19 have
been canceled, and claims 20-27 have been withdrawn from consideration.
App. Br. 4. We have jurisdiction under 35 U.S.C. § 6(b ). For the reasons
explained below, we do not find error in the Examiner's rejections of these
claims. Accordingly, we AFFIRM the Examiner's rejections.
1 "The real party in interest for this appeal is: Pulsating Irrigation Products,
Inc." App. Br. 4. We proceed on the basis that, for the purposes of this
appeal, Pulsating Irrigation Products, Inc. is the "Appellant."
Appeal2018-008202
Application 14/440,313
CLAIMED SUBJECT MATTER
The disclosed subject matter relates to "a pulsating device that
converts a low-rate, continuous controlled flow of fluid into a higher-rate
pulsating or intermittent flow." Spec. 1: 11-14. Claim 1 is the sole
independent claim, representative of the claims on appeal and reproduced
below.
1. A pulsating device comprising:
an expandable collection chamber for receiving fluid from a fluid
inlet;
a burst chamber;
a first normally closed valve for controlling a first fluid
communication between said expandable collection
chamber and said burst chamber; and
a second normally closed valve for controlling a second fluid
communication between said burst chamber and a fluid
outlet;
wherein said first valve opens relatively narrowly when a
collection chamber pressure in said expandable collection
chamber exceeds a first pressure value;
wherein said second valve creates a resistance, forcing said first
valve to open relatively widely; and
wherein said second valve opens when a burst pressure at a
location of said second valve exceeds a second pressure
value.
Savage
Ruttenberg
REFERENCES
us 3,298,391
us 5,507,436
THE REJECTIONS ON APPEAL
Jan. 17, 1967
Apr. 16, 1996
Claims 1---6 and 8-11 are rejected under 35 U.S.C. § 102(b) as
anticipated by Ruttenberg. Final Act. 4.
2
Appeal2018-008202
Application 14/440,313
Claims 1 and 7 are rejected under 35 U.S.C. § 102(b) as anticipated by
Savage. Final Act. 8.
ANALYSIS
The rejection of claims 1-6 and 8-11
as anticipated by Ruttenberg
Appellant argues claims 1---6 and 8-11 together. See App. Br. 10-16.
We select claim 1 for review, with claims 2-6 and 8-11 standing or falling
with claim 1. See 37 C.F.R. § 4I.37(c)(l)(iv).
To assist in identifying certain limitations, the Examiner modified
Figures 9a and 9b of Ruttenberg, by removing certain reference numeral and
lead lines, and provided annotations to specifically identify certain structures
as corresponding to structures recited in claim 1. Final Act. 10; Ans. 3.
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