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 .
Response to Amendment
This office action is responsive to the amendment filed on 6/20/2025. As directed by the amendment: claims 1, 7-8, and 21 are amended. Claims 9-11 and 14-20 were previously withdrawn. Thus, claims 1-5, 7-8, 12-13, and 21 are presently pending in this application.
Response to Arguments
Applicant’s arguments with respect to claim(s) 6/20/2025 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 102
Claims 1-5, 7-8, and 12-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by EP 1462697 A1, henceforth written as Roemer.
Regarding claim 1, Roemer discloses:
A valve for controlling a fluid flow through a catheter, the valve comprising:
(paragraph 88; the valve (not enumerated) of fig 12-13 can be considered usable for controlling flow through a catheter in the manner by which it has standard inserts 254 for coupling the valve to a fluid line, such as a catheter)
a valve body having a feed opening, a discharge opening, and a connection channel separating the feed and discharge openings;
(see examiner's annotation of Roemer's fig 12, below, denoting the claimed valve body which comprises inserts 254, sealing rings 252, housing parts 244-248, seats 250, encapsulated by valve housing 234, and further denoting the claimed openings and channel; fig 12-13)
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a closure element disposed and movable within the valve body,
(paragraph 85+87; the claimed closure element is considered the body 232 and sealing stocking 236 which is disposed in the claimed valve body and movable therebetween to close either of seat 250 on housing part 244 or housing part 246)
the closure element configured to move between a first position in which the discharge opening is closed, a second position in which the feed opening is closed, and a third position in which the closure element is configured to hold open the connection channel;
(paragraph 87; pivot lever 226 moves body 232 and stocking 236, thus the claimed closure element, to mate with the annular valve seat 250 on either housing 244, the claimed feed opening, or the annular valve seat 250 on housing 246, the claimed discharge opening. Accordingly, as housing 248 does not have a annular valve seat 250 for the body 232 and stocking 236 to mate with, when the claimed closure element is disposed against seat 250 of housing 244, seat 250 of housing 246, or a position therebetween, therein the third position, the claimed connection channel remains open)
and a valve drive comprising
(the claimed valve drive is considered the armature 212, pivot lever 226, and the electromagnet 210 which biases them; fig 12-13)
a magnetic field productive device,
(paragraph 82-84; the claimed magnetic field productive device is considered to comprise the Electromagnet 210, which is made of coil 211, coil carrier 213, u-shaped magnetic key 217, ferro-magnetic bobbin 213, pole piece 214, and end plates 215 which facilitate a magnetic attraction/repulsion between its pole piece 214 and armature 212; fig 12-13)
and a drive lever
(paragraph 84-86; the claimed drive lever is considered to comprise the armature 212 and pivot lever 226; fig 12-13)
wherein the drive lever extends along an axis from a first end to a second end, where the first end of the drive lever is disposed in the valve body and forms a part of the closure element,
(See examiner's annotation of fig 12, below, denoting the claimed first end and claimed second end by dividing the claimed drive lever by its intersection with pin 228; fig 12, demonstrate the body 232 of lever 226, therein part of the claimed driver lever, forms part of the claimed closure element with stocking 236 within the claimed valve body)
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wherein the drive lever is pivotable in a clockwise direction or a counterclockwise direction about a pivot point intermediate of the first end and second end of the drive lever,
(paragraph 84; armature 212 and lever 226 pivot about pin 228 to close either annual seal 250, thus moving in a clockwise or counter clockwise direction relative to pin 228 which divides the claimed first end from the claimed second end; fig 12)
wherein a part of the drive lever is configured as a magnetic element
(paragraph 83; a magnetic field biases armature 212 to move proximate/away from pole piece 214, thus armature 212 is configured as a magnetic element; fig 12)
and the magnetic field productive device is configured to produce a magnetic field that interacts with the magnetic element of the drive lever to pivot the driver lever and move the closure element to the first position or the second position.
(paragraph 82-87+91; electromagnet 210 produces a magnetic field which biases armature 212 to be repulsed by or attracted toward pole 214, thus moving armature 212 and rotating lever 226 about pin 228 to close either seal 250, therein arriving at either the claimed first position or the claimed second position)
Regarding claim 2, Roemer discloses:
The valve of claim 1, wherein the valve body is disposed within a first housing,
(valve housing 234; fig 13)
and the magnetic field productive device disposed within a second housing.
(paragraph 82-83; actuator housing 200 envelopes the claimed magnetic field productive device; fig 12-13)
Regarding claim 3, Roemer discloses:
The valve of claim 2, wherein the first and second housings are configured to be attached or detached from each other in a destructive-free manner.
(paragraph 86; cross pin 242's disposition in elongate hole 240 attaches valve housing 234 to the actuator housing 200; fig 12-13)
Regarding claim 4, Roemer discloses:
The valve of claim 2, wherein the closure element comprises a movable membrane adapted to close off the valve body in a fluid-tight manner, and the movable membrane is deflectable in a manner such that the feed opening or the discharge opening is selectively closable by parts of the membrane.
(paragraph 85; sealing stocking 236, therein the claimed movable membrane, can be deflected by valve body 232 on first arm 230 of pivot lever 226 to seal either annular valve seat 250; fig 12)
Regarding claim 5, Roemer discloses:
The valve of claim 4, wherein the first end of drive lever is configured to deflect the movable membrane such that the closure element assumes one of the first position or the second position.
See Examiner’s annotation above of fig 12 denoting the claimed first end of the claimed drive lever, demonstrates that body 226 is on the claimed first end of the claimed drive lever, and acts to bias the claimed closure element to seal against either seal 250, see paragraph 87.
Regarding claim 7, Roemer discloses:
The valve of claim 5, wherein the drive lever is pivotable in a clockwise direction or a counterclockwise direction about a shaft.
(armature 212 and drive lever 226 are only permitted to rotate relative to pin 228, thus pivotable in a clockwise or counterclockwise direction about pin 228; fig 12)
Regarding claim 8, Roemer discloses:
The valve of claim 1, wherein the magnetic field productive device includes a first magnet and a second magnet that are arranged in a distance from one another such that the drive lever is disposed between the first magnet and the second magnet.
(u-shaped magnetic key 217 and the ferro-magnetic bobbin 213, which fig 12 demonstrate as being distance from eachother such that armature 212, of the claimed drive lever lies therebetween)
Regarding claim 12, Roemer discloses:
The valve of claim 1, wherein the valve body is configured to be detachable from the valve drive.
(paragraph 86; cross pin 242's disposition in elongate hole 240 attaches valve housing 234 to the actuator housing 200, thus the claimed valve body may be detached from the claimed valve drive; fig 12-13)
Regarding claim 13, Roemer discloses:
The valve of claim 1, wherein the valve is configured to be operatively coupled to the catheter and configured to control the fluid flow through the catheter.
Examiner notes claim language of “configured to” implies a functional language and the prior art must at least be capable of performing the recited function coupling to a catheter and controlling the fluid flow through it. Examiner notes paragraph 88 of Roemer which discloses that the valve (not enumerated) features standard inserts 254 for coupling to and controlling flow through a fluid line, such that the invention is configured to couple and control flow through a fluid line invention with standard coupling inserts. Thus the valve of the invention is functionally capable of coupling with and control flow through a standard catheter with standard coupling inserts to mate with the valve.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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.
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Roemer.
Regarding Claim 21,
Roemer discloses all of the elements of the current invention which the present claim is dependent upon, as described above. However, Roemer is silent regarding:
further comprising an elastic spring element connected to the second end of the drive lever and configured to bias the closure element to the third position
However, Roemer teaches in an alternative embodiment:
comprising an elastic spring element connected to the second end of the drive lever and configured to bias the closure element to the third position.
(paragraph 91; the valve of the invention may be opened or closed with the magnetic force driven by the claimed magnetic field productive device, and an opposing force may be provided by a spring biasing armature 212 in a particular direction, for instance where a magnetic force drives the claimed closure element to seal the valve seat 250 of housing part 244, the claimed second position, and upon ceasing the magnetic force the spring may bias the claimed closure element toward the valve seat 250 of housing part 246, the claimed first position, thus over the distance that the claimed closure element travels from the first position to the second position, and passes through, therein is biased to, the claimed third position noted in examiner’s annotation of Roemer’s fig 12 in claim 1 above)
Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention, to implement Roemer’s teachings of providing a spring to bias a magnetically actuated valve, to the magnetically actuated valve disclosed by Roemer, such that the spring is connected to armature 212 at one end to return the claimed closure element from a second position to a first position when the claimed magnetic field productive device is turned off, thus arriving at the claimed invention, in order to advantageously arrive at an invention which can return to a desirable home or static state without relying upon electric power to maintain this position, improving the power demands of the invention over its lifespan.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FORREST DIPERT whose telephone number is (703)756-1704. The examiner can normally be reached M-F 8:30am-5pm eastern.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Tsai can be reached on (571) 270-5246. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FORREST BLAKE DIPERT/ Examiner, Art Unit 3783
/MICHAEL J TSAI/Supervisory Patent Examiner, Art Unit 3783