DETAILED ACTION
This action is in response to the amendment dated 2/10/2026. Claims 1, 8, 9 and 16 are currently amended. Claims 5, 6, and 12 have been canceled. No claims are newly added. Presently, claims 1-4, 7-11 and 13-20 are pending.
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 .
Response to Arguments
Applicant’s arguments, see the last full paragraph on page 8 of the response dated 2/10/2026 with respect to the objections to the claims presented in the Office action dated 9/10/2025 have been fully considered and are persuasive. The claim objections presented in the Office action dated 9/10/2025 have been withdrawn.
Applicant's arguments filed 2/10/2026 have been fully considered but they are not persuasive.
Applicant argues the rejections of claims 1-4 and 7-11 and 13-20 under 35 U.S.C. 103 as being unpatentable over Graham et al. (US 5829477) in view of Newton et al. (US 7617839) on pages 9-12 of the response dated 2/10/2026.
Applicant argues that neither the Graham et al. reference nor the Newton et al. reference disclose the limitations of “a flow path between the body inlet area and the body outlet area that is a straight line based on the body inlet area and the body outlet area being at the zero angle relative to each other”.
However, it is considered that the Graham et al. reference discloses a flow path (it is considered that the flow path extends along “Line A” in the annotated figure 3 below) between the body inlet area (at the chamber 52) and the body outlet area (at the chamber horizontal passage in element 50) that is a straight line based on the body inlet area and the body outlet area being at the zero angle relative to each. It is considered that the flow path from the body inlet area through the body outlet area extend along the axis at “Line A” in the annotated figure 3 below and wherein the extension along “Line A” extends at a zero angle relative to each other in the direction of the fluid flow from the body inlet area to the body outlet area. Further, it is considered that the narrowed portion of the valve member between the top of the throttle pin and the throttle pin (as depicted in the annotated figure 3 below) extends along and through the flow path such that the fluid flow from the body inlet area to the body outlet area would flow around the narrowed portion.
Therefore it is considered that the Graham et al. reference addresses applicant’s concerns and claim language relating to a flow path between the body inlet area and the body outlet area that is a straight line based on the body inlet area and the body outlet area being at the zero angle relative to each other.
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Since the grounds of rejection were modified in light of applicant’s amendment, the instant Office action is made final.
Drawings
The drawings were received on 4/22/2019. These drawings are acceptable.
It is noted that the drawings include 75 pages of drawings. The lengthy listing of drawings has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the drawings.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-4, 7-11 and 13-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Graham et al. (US 5829477) in view of Newton (US 7617839).
Regarding claim 1, the Graham et al. reference discloses a cartridge (14) comprising
a body (26) with a first groove (considered the groove in which the seal 42 is located) located on an external wall of the body (the first groove is that supports the seal 42 is located on an external wall of the body 26 as shown in figure 3) where a first groove location is located above a diaphragm (48 as depicted in figure 3; considered the diaphragm 48 as shown in figure 3) (it is considered that the first groove in which the seal 42 is located is located on one side of the diaphragm 48 and wherein the first groove location can be considered to be located above the diaphragm when the cartridge 14 is rotated 180 degrees from the orientation depicted in the figure 3 and as depicted in the annotated figure 3 below), the body including a body inlet area (considered the areas 32, 54 and 52) and a body outlet area (see “body outlet area” in the annotated figure 3 below);
an O-ring (42) coupled to the body via the first groove located on the external wall of the body (see figure 3),
a throttle pin (considered the portion of the stem assembly that extends through the opening in element 50 and the portion of the stem assembly that interacts with the spring within chamber 52 as shown in figure 3; see “throttle pin” in the annotated figure 3 below) coupled to a top retainer (considered the portion of the spring assembly 46 that extends through the diaphragm 48) through the [body] inlet area (it is considered that a portion of the spring assembly 46 extends through the inlet area at the connection between the chamber 52 and the port 56 as shown in figure 3),
a spring cap (28) wherein the spring cap (28) includes a spring cap inlet area and a spring cap outlet area (it is considered that the opening at the top of the spring cap in the orientation depicted in figure 3 permits a fluid to enter and exit the chamber housing the spring 62 as needed, and, therefore, the opening functions as a spring cap inlet area and a spring cap outlet area),
a spring (62) coupled to a bottom retainer (considered the horizontal plate at the lower portion of the spring 62 wherein the horizontal plate is located on the upper surface of the diaphragm 48 as shown in figure 3),
the diaphragm (considered the diaphragm 48 as shown in figure 3) coupled to the bottom retainer (it is considered that the diaphragm 48 is coupled to the lower retainer through the interaction with the top retainer at the upper portion of stem assembly 46) and
the top retainer coupled to the diaphragm (through the interaction with the bottom retainer);
wherein the body inlet area (considered the areas 32, 54 and 52; see “body inlet area” in the annotated figure 3 below) is located on a throttle pin side of the diaphragm (the areas 32, 54 and 52 are located on the side of the diaphragm 48 with the throttle pin 46 that extends through the element 50 as depicted in figure 3) and the spring cap outlet area is located on a non-throttle pin side of the diaphragm (the opening at the top of the spring cap 26 is located on the side of the diaphragm 48 opposite the throttle pin as depicted in figure 3)
wherein a top of the throttle pin is located below a top of the body inlet area (see the “top of body inlet area”, “top of throttle pin” and the “body inlet area” in the annotated figure 3 below);
wherein the body inlet area and the body outlet area are at a zero angle relative to each other (it is considered that the body inlet area and the body outlet area extend along the axis at “Line A” in the annotated figure 3 below and wherein the extension along “Line A” extends at a zero angle relative to each other in the direction of the fluid flow from the body inlet area to the body outlet area); and
a flow path (it is considered that the flow path extends along “Line A” in the annotated figure 3 below) between the body inlet area and the body outlet area that is a straight line based on the body inlet area and the body outlet area being at the zero angle relative to each (it is considered that the flow path from the body inlet area through the body outlet area extend along the axis at “Line A” in the annotated figure 3 below and wherein the extension along “Line A” extends at a zero angle relative to each other in the direction of the fluid flow from the body inlet area to the body outlet area).
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The annotated figure 3 of the Graham et al. reference has been rotated 180 degrees from the position depicted within the original figure 3 in order to better visually compare the relative positioning recitations (i.e., above, below, etc.) of the claim with disclosure of the Graham et al. reference.
The Graham et al. reference does not disclose wherein the spring cap includes a second groove located on an external wall of the spring cap wherein the second groove location is located below the diaphragm and a spring cap O-ring coupled to the spring cap via the second groove located on the external wall of the spring cap.
However, the Newton reference teaches a valve assembly having a body (12) and a spring cap (14) wherein the spring cap includes a groove (O-ring 20 is received within the groove area) located on an external wall of the spring cap (it is considered that the wall of the flange 18 that contains the groove that supports the O-ring 20 is an external wall of the spring cap) and a spring cap O-ring (20) coupled to the spring cap via the groove (see figure) located on the external wall of the spring cap.
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to provide the spring cap of the Graham et al. reference with a groove area and a spring cap O-ring within the groove area as taught by the Newton reference in order to improve sealing between the spring cap and the body so that any potential fluid leakage can be reduced.
Further, it is considered that the location of the second groove would be located on the opposite side of the diaphragm compared to the first groove location. Therefore, it is considered that the second groove location would be located below the diaphragm while the first groove location would be above the diaphragm when the cartridge of the combination of the Graham et al. reference and the Newton reference would be rotated 180 degrees relative to the orientation depicted in figure 3 of the Graham et al. reference).
In regards to claim 2, the Graham et al. reference of the combination of the Graham et al. reference and the Newton reference discloses wherein the cartridge is configured to be inserted into a device (Graham et al.: 12).
In regards to claim 3, the Graham et al. reference of the combination of the Graham et al. reference and the Newton reference discloses wherein the cartridge is configured to be inserted into an existing device (Graham et al.: 12) where the existing device has one or more inlet ports (Graham et al.: 18, 20) and outlet ports (Graham et al.: 22, 24).
In regards to claim 4, the Graham et al. reference of the combination of the Graham et al. reference and the Newton reference discloses wherein a cartridge inlet area (Graham et al.: considered the body inlet areas) and a cartridge outlet area (Graham et al.: at port 56 and groove 34) are in series with each other.
In regards to claim 7, the Graham et al. reference of the combination of the Graham et al. reference and the Newton reference discloses wherein the spring cap (Graham et al.: 28) is configured to create a seal by compressing the diaphragm to the body (Graham et al.: the diaphragm 48 is held between the spring cap 28 and the body 26 as shown in figure 3).
Regarding claim 8, the Graham et al. reference discloses a system (10) comprising
a cartridge (14) with a cartridge inlet area (considered the areas 32, 54 and 52) and a cartridge outlet area (considered the areas 56 and 34) wherein the cartridge is removable as a single element (it is considered that the structure of element 14 that is removable as a single element from the housing 12 after the clamp assembly 16 is removed),
the cartridge including a spring cap (28), the spring cap including a spring cap inlet area and a spring cap outlet area (it is considered that the opening at the top of the spring cap in the orientation depicted in figure 3 permits a fluid to enter and exit the chamber housing the spring 62 as needed, and, therefore, the opening functions as a spring cap inlet area and a spring cap outlet area);
a diaphragm (48);
a housing (12) with a housing inlet area (considered ports 18 and 20) and a housing outlet area (considered ports 22 and 24),
wherein the cartridge transfers fluids from the housing inlet area (ports 18 and 20) to the housing outlet area (ports 22 and 24) independent of a relative position of the cartridge inlet area to the housing area (it is considered that the cartridge is able to be rotated relative to the housing while maintaining the fluid communication between the ports 18, 20 and the ports 22 and 24 since the cartridge inlet area includes a groove 32 that extends around the cartridge body and the cartridge outlet area includes a groove 34 that extends around the cartridge body; see also col. 3, lines 19-29; the cartridge inlet area (considered the areas 32, 54 and 52) is always in alignment with the housing inlet area (ports 18 and 20) and the cartridge outlet area (it is considered that the second groove 34 defines part of the cartridge outlet area) is always in alignment with the housing outlet area (ports 22 and 24) (see col. 3, lines 19-29; see also figure 2 and figure 3) and the cartridge outlet area is located on a throttle pin side of the diaphragm (the areas 56 and 34 are located on the side of the diaphragm 48 with the throttle pin 46 that extends through the element 50 as depicted in figure 3) and the spring cap outlet area is located on a non-throttle pin side of the diaphragm (the opening at the top of the spring cap 26 is located on the side of the diaphragm 48 opposite the throttle pin as depicted in figure 3); and
wherein a top of a throttle pin is located below a top of a body inlet area (see the “top of body inlet area”, “top of throttle pin” and the “body inlet area” in the annotated figure 3 above);
wherein the body inlet area and [a] body outlet area are at a zero angle relative to each other (it is considered that the body inlet area and the body outlet area (see “body outlet area” in the annotated figure 3 above) extend along the axis at “Line A” in the annotated figure 3 above and wherein the extension along “Line A” extends at a zero angle relative to each other in the direction of the fluid flow from the body inlet area to the body outlet area); and
a flow path (it is considered that the flow path extends along “Line A” in the annotated figure 3 above) between the body inlet area and the body outlet area that is a straight line based on the body inlet area and the body outlet area being at the zero angle relative to each (it is considered that the flow path from the body inlet area through the body outlet area extend along the axis at “Line A” in the annotated figure 3 above and wherein the extension along “Line A” extends at a zero angle relative to each other in the direction of the fluid flow from the body inlet area to the body outlet area).
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Therefore, it is considered that the Graham et al. reference discloses the structure that is capable of transferring at least one or more gases and one or more liquids from the housing inlet area to the housing outlet area independent of a relative position of the cartridge inlet area to the housing inlet area and the cartridge outlet area to the housing outlet area since fluid from the housing inlet area is always in communication (alignment) with the cartridge inlet area and that the housing outlet area is always in communication (alignment) with the cartridge outlet area).
The Graham et al. reference does not disclose wherein the spring cap includes a groove located on an external wall of the spring cap where a groove location is located below the diaphragm and a spring cap O-ring coupled to the spring cap via the groove located on the external wall of the spring cap.
However, the Newton reference teaches a valve assembly having a body (Newton: 12) and a spring cap (Newton: 14) wherein the spring cap includes a groove (Newton: O-ring 20 is received within the groove) on an external surface of the spring cap (Newton: it is considered that the wall of the flange 18 that contains the groove that supports the O-ring 20 is an external wall of the spring cap) and a spring cap O-ring (Newton: 20) coupled to the spring cap via the groove (Newton: see figure).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to provide the spring cap of the Graham et al. reference with a groove area and a spring cap O-ring within the groove area as taught by the Newton reference in order to improve sealing between the spring cap and the body so that any potential fluid leakage can be reduced.
Further, it is considered that the second groove location would be located below the diaphragm when the cartridge of the combination of the Graham et al. reference and the Newton reference would be rotated 180 degrees relative to the orientation depicted in figure 3 of the Graham et al. reference as depicted in the annotated figure 3 above).
In regards to claim 9, the combination of the Graham et al. reference and the Newton reference discloses wherein the cartridge (Graham et al.: 14) includes a body (Graham et al.: 26) with a first groove (Graham et al.: considered the groove in which the seal 42 is located), the body including the body inlet area (Graham et al.: considered the areas 32, 54 and 52) and [the] body outlet area (Graham et al.: see “body outlet area” in the annotated figure 3 above).
In regards to claim 10, the combination of the Graham et al. reference and the Newton reference discloses wherein the cartridge (Graham et al.: 14) includes an O-ring (Graham et al.: 42) coupled to the body (Graham et al.: 26) via the first groove (Graham et al.: see figure 3).
In regards to claim 11, the combination of the Graham et al. reference and the Newton reference discloses wherein the cartridge (Graham et al.: 14) includes the throttle pin (Graham et al.: considered the portion of the stem assembly that extends through the opening in element 50 and the portion of the stem assembly that interacts with the spring within chamber 52 as shown in figure 3) coupled to the cartridge inlet area (Graham et al.: it is considered that a portion of the spring assembly 46 extends through the inlet area at the connection between the chamber 52 and the port 56 as shown in figure 3).
In regards to claim 13, the Graham et al. reference of the combination of the Graham et al. reference and the Newton reference discloses wherein the cartridge (Graham et al.: 14) includes a spring (Graham et al.: 62) coupled to a bottom retainer (Graham et al.: considered the horizontal plate at the lower portion of the spring 62 wherein the horizontal plate is located on the upper surface of the diaphragm 48 as shown in figure 3).
In regards to claim 14, the Graham et al. reference of the combination of the Graham et al. reference and the Newton reference discloses wherein the cartridge includes the diaphragm (Graham et al.: considered the diaphragm 48 as shown in figure 3) coupled to the bottom retainer (Graham et al.: it is considered that the diaphragm 48 is coupled to the lower retainer through the interaction with the top retainer at the upper portion of stem assembly 46).
In regards to claim 15, the Graham et al. reference of the combination of the Graham et al. reference and the Newton reference discloses wherein the cartridge (Graham et al.: 14) includes a top retainer (Graham et al.: considered the portion of the spring assembly 46 that extends through the diaphragm 48) coupled to the diaphragm (Graham et al.: through the interaction with the bottom retainer).
Regarding claim 16, the Graham et al. reference discloses a cartridge (14) comprising
a body (26) with a first groove (considered the groove in which the seal 42 is located) located on an external wall of the body (the first groove is that supports the seal 42 is located on an external wall of the body 26 as shown in figure 3) where a first groove location is located above a diaphragm (considered the diaphragm 48 as shown in figure 3) (it is considered that the first groove in which the seal 42 is located is located on one side of the diaphragm 48 and wherein the first groove location can be considered to be located above the diaphragm when the cartridge 14 is rotated 180 degrees from the orientation depicted in the figure 3), the body including a body inlet area (considered the areas 32, 54 and 52) and a body outlet area (see “body outlet area” in the annotated figure 3 above);
an O-ring (42) coupled to the body via the first groove located on the external wall of the body (see figure 3),
a throttle pin (considered the portion of the stem assembly that extends through the opening in element 50 and the portion of the stem assembly that interacts with the spring within chamber 52 as shown in figure 3; see the “throttle pin” in the annotated figure 3 above) including a pin (considered the portion of the stem assembly 46 that extends through the opening in element 50) and a pinhead (considered the portion of the stem assembly 46 that interacts with the spring within chamber 52) coupled to a top retainer (considered the portion of the spring assembly 46 that extends through the diaphragm 48) through the [body] inlet area (it is considered that a portion of the spring assembly 46 extends through the body inlet area at the connection between the chamber 52 and the port 56 as shown in figure 3),
a spring cap (28) wherein the spring cap includes a spring cap inlet area and a spring cap outlet area (it is considered that the opening at the top of the spring cap in the orientation depicted in figure 3 permits a fluid to enter and exit the chamber housing the spring 62 as needed, and, therefore, the opening functions as a spring cap inlet area and a spring cap outlet area);
a spring (62) coupled to a bottom retainer (considered the horizontal plate at the lower portion of the spring 62 wherein the horizontal plate is located on the upper surface of the diaphragm 48 as shown in figure 3),
the diaphragm (considered the diaphragm 48 as shown in figure 3) coupled to the bottom retainer (it is considered that the diaphragm 48 is coupled to the lower retainer through the interaction with the top retainer at the upper portion of stem assembly 46) and
the top retainer coupled to the diaphragm (through the interaction with the bottom retainer) wherein the top retainer is located between the body and the diaphragm (see attached (attached above) annotated figure 3 of Graham et al.);
wherein the body inlet area (considered the areas 32, 54 and 52; see “body inlet area” in the annotated figure 3 above) is located on a throttle pin side of the diaphragm (the areas 32, 54 and 52 are located on the side of the diaphragm 48 with the throttle pin 46 that extends through the element 50 as depicted in figure 3) and the spring cap outlet area is located on a non-throttle pin side of the diaphragm (the opening at the top of the spring cap 26 is located on the side of the diaphragm 48 opposite the throttle pin as depicted in figure 3);
wherein a top of the throttle pin is located below a top of the body inlet area (see the “top of body inlet area”, “top of throttle pin” and the “body inlet area” in the annotated figure 3 above);
wherein the body inlet area and the body outlet area are at a zero angle relative to each other (it is considered that the body inlet area and the body outlet area extend along the axis at “Line A” in the annotated figure 3 below and wherein the extension along “Line A” extends at a zero angle relative to each other in the direction of the fluid flow from the body inlet area to the body outlet area); and
a flow path (it is considered that the flow path extends along “Line A” in the annotated figure 3 above) between the body inlet area and the body outlet area that is a straight line based on the body inlet area and the body outlet area being at the zero angle relative to each (it is considered that the flow path from the body inlet area through the body outlet area extend along the axis at “Line A” in the annotated figure 3 above and wherein the extension along “Line A” extends at a zero angle relative to each other in the direction of the fluid flow from the body inlet area to the body outlet area).
The Graham et al. reference does not disclose wherein the spring cap includes a second groove located on an external wall of the spring cap where a second groove location is located below the diaphragm and a spring cap O-ring coupled to the spring cap via the second groove located on the external wall of the spring cap.
However, the Newton reference teaches a valve assembly having a body (12) and a spring cap (14) wherein the spring cap includes a groove (O-ring 20 is received within the groove area) located on an external wall of the spring cap (it is considered that the wall of the flange 18 that contains the groove that supports the O-ring 20 is an external wall of the spring cap) and a spring cap O-ring (20) coupled to the spring cap via the groove (see figure) located on the external wall of the spring cap.
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to provide the spring cap of the Graham et al. reference with a groove area and a spring cap O-ring within the groove area as taught by the Newton reference in order to improve sealing between the spring cap and the body so that any potential fluid leakage can be reduced.
Further, it is considered that the second groove location would be located on the opposite side of the diaphragm compared to the first groove location. Therefore, it is considered that the second groove location would be located below the diaphragm while the first groove location would be above the diaphragm when the cartridge of the combination of the Graham et al. reference and the Newton reference would be rotated 180 degrees relative to the orientation depicted in figure 3 of the Graham et al. reference).
In regards to claim 17, the Graham et al. reference of the combination of the Graham et al. reference and the Newton reference discloses wherein at least one of a pin area and a pinhead area have a ratio greater than 1 to the body area (Graham et al.: it is considered that the diameter of the pinhead of the stem assembly 46 is greater than a diameter of a body area, considered to be the opening through element 50, and, therefore, it is considered that the area of the pinhead is greater than the area of a body area at the opening through element 50 so that the ratio of the area of the pinhead to the area of a body area at the opening through element 50 is greater than 1).
In regards to claim 18, the Graham et al. reference of the combination of the Graham et al. reference and the Newton reference discloses wherein at least one of a pin area and a pinhead area have a ratio of less than 1 to a body area (Graham et al.: it is considered that the diameter of the pin of the stem assembly 46 is less than a diameter of a body area, considered to be the opening through element 50, and, therefore, it is considered that the area of the pin is less than the area of a body area at the opening through element 50 so that the ratio of the area of the pin to the area of a body area at the opening through element 50 is less than 1).
In regards to claim 19, the Graham et al. reference of the combination of the Graham et al. reference and the Newton reference discloses wherein the cartridge is configured to be inserted into a device (Graham et al.: 12).
In regards to claim 20, the Graham et al. reference of the combination of the Graham et al. reference and the Newton reference discloses wherein the cartridge is configured to be inserted into an existing device (Graham et al.: 12) where the existing device has one or more inlet ports (Graham et al.: 18, 20) and outlet ports (Graham et al.: 22, 24).
Conclusion
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 CFR 1.136(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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Andrew J. Rost whose telephone number is (571) 272-2711. The examiner can normally be reached on Monday-Friday from 8:00 am to 4:30 pm EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Craig Schneider can be reached at 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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/ANDREW J ROST/Examiner, Art Unit 3753
/CRAIG M SCHNEIDER/Supervisory Patent Examiner, Art Unit 3753
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