DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 11/10/2025 has been entered.
This action is in response to the amendment filed 11/10/2025 that was entered with the submission of the request for continued examination dated 11/10/2025. Claim 1 has been amended. Claim 12 has been canceled. Claim 16 has been newly added. Claims 1-11 and 13-16 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 Claim 1 section on parges 6-8 of the remarks dated 11/10/2025, with respect to the rejection(s) of claim(s) 1-3, 6, 9 and 11 under 35 U.S.C. 102(a)(1) as being anticipated by Reed (US 1677687) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of the newly applied reference to Hwang (US 4796650).
It is considered that the Hwang reference addresses applicant’s concerns and claim language relating to the newly added features relating to the valve arm includes a bend (it is considered that the interaction of the elements 21 and 22 that are secured together by the pin 185 constitutes a bend in the valve arm 2/18) between a main section (2) of the valve arm and the hinged second end (18).
Since new grounds of rejection were necessitated by the amendment filed with the submission of the request for continued examination, the instant Office action is made non-final.
Claim Rejections - 35 USC § 112
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.
Claim 7 is 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 7 recites the limitation "the terminal end" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 non-obviousness.
Claim(s) 1-3, 5-11 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hwang (US 4796650) in view of Reed (US 1677687).
Claim(s) 7 will be treated as best understood in view of the rejections under 35 U.S.C. 112(b) above.
Regarding claim 1, the Hwang reference discloses a valve (see figure 2) including a valve device (it is considered that the combination of the valve body 1, a pivoting connection 15 and a valve piston 3 constitutes the valve device), a valve arm (it is considered that the combination of 2 and 18 constitutes a valve arm since the members 2 and 18 are secured together by the pin 185), and a float (23), the valve device including:
a valve body (1) including:
a valve inlet (12) and a valve outlet (13);
a valve channel (it is considered that the passage from the valve inlet at 12 to the valve outlet at 13 within the valve body 1 constitutes a valve channel) and a valve piston channel (it is considered that the stem 33 of the piston 3 is received within the piston channel);
a valve arm hinge mounting member (15); and
a valve body contact surface (see the “valve body contact surface” in the annotated figure 1 below),
a pivoting connection (it is considered that the opening 16 in the plate 15 that receives the pin 17 constitutes a pivoting connection) adapted to accommodate a valve arm hinge (it is considered that the pin 17 constitutes a valve arm hinge) connecting the valve arm to the valve body (the valve arm 2/18 is connected to the valve body 1 through pin 17) and comprising one or more apertures (it is considered that the opening 16 in the plate 15 that receives the pin 17 constitutes the aperture), the valve arm being of a type having a remote first end (22) adapted to attach to the float (23) and a hinged second end (18) having a valve arm contact surface (see the “valve arm contact surface” in annotated figure 1 and the annotated figure 3 below) and a terminal portion (see “terminal portion” in the annotated figure 3 below) adapted to extend beyond the valve arm hinge (see “valve arm hinge” in the annotated figure 3 below), the terminal portion being at a second end of the valve arm between the valve hinge (at pin 17) and a very end of the second end (see figure 3); and
a valve piston (3) adapted to move linearly in the valve piston channel, the valve piston including:
a first valve piston end (see the “first valve piston end” in the annotated figure 3 below) that directly contacts the valve arm contact surface (see figure 3 for the “valve arm contact surface” contacting the first valve piston end); and
a second valve piston end (see the “second valve piston end” in the annotated figure 3 below) adapted to form a seal over part of the valve piston channel (seal 31 of the piston 3 contacts the valve seat 14 to seal the flow passage) to resist or stop flow of fluid through the valve piston channel,
the second valve piston end being adapted, in a closed position, to apply a sealing force against a pressurized fluid (it is considered that the fluid from the inlet 12 contains a pressurized fluid when installed in an operating condition) contacting the second valve piston end, wherein:
the valve piston is adapted to move from an open position (considered the position depicted in figure 3) to the closed position (considered the position depicted in figure 2) upon force being applied directly to the first valve piston end by the valve arm contact surface with the valve arm moving from a lower valve arm position (it is considered that the lower valve arm position is the position in which the valve arm 2/18 is angled such that the float 23 is angled in a downward direction in the orientation depicted in figure 3) to a higher valve arm position (it is considered that the higher valve arm position is the position in which the valve arm 2/18 is angled such that the float 23 is angled as depicted in figure 2) thereby being adapted to restrict or stop fluid flow through the valve piston channel;
the valve arm hinge is positioned so that the second end is adapted to abut the valve body contact surface in the open position (see at least figure 3) to limit the rotational travel of the valve arm about the valve arm hinge, the valve body contact surface being in the form of a face of a wall of the valve body (see the “valve body contact surface” in the annotated figure 3 below); and
the valve arm hinge mounting member does not include an additional detent in the form of an aperture or stopper that is offset from and parallel to an axis of the valve arm hinge (the valve arm hinge mounting member includes the plate 15 that supports a pin 17 therethrough; further, no additional detent is disclosed or shown in the figures);
the valve arm hinge mounting member includes a plate (14);
the valve arm includes a bend (it is considered that the interaction of the elements 21 and 22 that are secured together by the pin 185 constitutes a bend in the valve arm 2/18) between a main section (2) of the valve arm and the hinged second end (18)
as the valve arm contact surface rotates, the valve piston is adapted to correspondingly move in a linear direction in the valve piston channel (see at least figure 2 and figure 3 for the movement of the piston 3 based on the movement of the valve arm contact surface).
PNG
media_image1.png
887
1126
media_image1.png
Greyscale
PNG
media_image2.png
854
1240
media_image2.png
Greyscale
The Hwang reference does not disclose the valve arm hinge mounting member includes plates that form a pair of spaced and parallel flanges that extend rearwardly of the valve body, the plates forming a channel or corridor within which the hinged end of the valve arm rotates between the open and closed positions.
However, the Reed reference teaches a valve (see figure 1) including a valve device (it is considered that the combination of the valve body 1, a pivoting connection 14/15 and a valve piston (it is considered that the combination of heads 9, 10 and the neck 11 constitutes the valve piston) constitutes the valve device), a valve arm (16), and a float (22), the valve device including:
a valve body (1) including:
a valve inlet (2) and a valve outlet (7);
a valve arm hinge mounting member (it is considered that the plates 14 include openings to receive the pivoting connection pin 15 constitutes the valve arm hinge mounting member); and
wherein the valve arm hinge mounting member includes plates (14) that form a pair of spaced and parallel flanges (see page 1, lines 54-58) that extend rearwardly (it is considered that the downward direction in the orientation depicted in figure 1 is a rearward direction from the inlet 2) of the valve body, the plates forming a channel or corridor (it is considered that the second end of the valve arm 16 is received within the corridor as depicted in figure 1) within which the hinged end of the valve arm rotates between the open and closed positions.
The substitution of one known element (the valve arm hinge mounting member includes plates that form a pair of spaced and parallel flanges that extend rearwardly of the valve body, the plates forming a channel or corridor within which the hinged end of the valve arm rotates between the open and closed positions as shown in Reed) for another (the valve arm hinge mounting member have a plate as shown in Hwang) would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art since the substitution of the valve arm hinge mounting member having a pair of spaced and parallel plates shown in Reed would have yielded predictable results, namely, the valve arm hinge mounting member having an additional mounting plate to provide additional securement of the valve arm hinge which reduces the chance of the valve arm and the float from being rotated around the flow axis through the valve body of the Hwang reference.
In regards to claim 2, the Hwang reference of the combination of the Hwang reference and the Reed reference does not expressly disclose wherein the valve is adapted to be located in a tank, the valve outlet is part of a base of the valve body and a shroud unitarily formed as part of the valve body covers the entire valve piston channel, except the base, wherein flow is directed toward water in the tank in case where the valve body is above a water level in the tank.
However, the Reed reference teaches wherein the valve is adapted to be locate in a tank (see at least page 1, lines 1-5),
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 adapt the valve of the Hwang reference of the combination of the Hwang reference and the Reed reference to be located within a tank as taught by the Reed reference in order to provide additional usage for the valve of the Hwang reference of the combination of the Hwang reference and the Reed reference.
Further, the Reed reference teaches the valve outlet (7) is on a base (it is considered that the surface through which the outlet 7 extends, as depicted in figure 1, constitutes a base of the valve body 1) of the valve body (1) and a shroud (it is considered that the wall that surrounds the chamber 6 constitutes a shroud) unitarily formed as part of the valve body covers the entire valve channel, except the base (it is considered that the shroud surrounds the chamber 6 while still permitting the fluid to flow through the outlet 7), wherein flow is directed toward water in the tank in a case where the valve body is above a water level in the tank (see at least page 1, lines 37-44 wherein the flow is directed from the outlet 7 towards the water in a tank, when water is located within the tank, with the valve body 1 being above the water level since, when the water level is at a maximum, the float ball 22 will be raised to a position as depicted in figure 1 (see page 1, lines 74-76)).
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 design the valve body of the combination of the Hwang reference and the Reed reference as having the valve outlet as being on a base of the valve body and a shroud unitarily formed as part of the valve body covers the entire valve channel, except the base, wherein flow is directed toward water in the tank in a case where the valve body is above a water level in the tank as taught by the Reed reference in order to provide protection for the valve piston within the valve.
In regards to claim 3, the Hwang reference of the combination of the Hwang reference and the Reed reference discloses wherein the valve piston includes a valve piston insert (Hwang: 32), a valve piston body (Hwang: it is considered that the portion of the valve piston 3 that supports the valve piston seal 31 and the stem 33 constitutes a valve piston body) and a valve piston seal (Hwang: 31) wherein any water passing the valve piston seal (Hwang: 31) is stopped and stopped from flowing directly into the valve channel when the valve piston is in the closed position (Hwang: see figure 2).
In regards to claim 5, the Hwang reference of the combination of the Hwang reference and the Reed reference discloses wherein a length exists from the pivot (Hwang: at pin 17) and the terminal portion (Hwang: see “terminal portion” in the annotated figure 3 above) and a spacing exists from the valve arm hinge (Hwang: at the pin 17) to the valve body contact surface (Hwang: see “valve body contact surface” in the annotated figure 3 above).
The Hwang reference of the combination of the Hwang reference and the Reed reference does not expressly disclose wherein the relationship between a length B of the terminal portion and a spacing A of the valve body contact surface from the valve arm hinge is expressed by the formula 0.5A <= B <= A.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to size the components of the Reed reference such that the relationship between the length B of the terminal portion and the spacing A of the valve body contact surface from the valve arm hinge is expressed by the formula 0.5A <= B <= A since it has been held that “where the only different between the prior art and the claims was a recitation of relative dimension of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device” Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 SPQ 232 (1984). In the instant case, the device of the Hwang reference of the combination of the Hwang reference and the Reed reference would not operate differently with the claimed relationship between the length B of the terminal portion and the spacing A of the valve body contact surface from the valve arm hinge being expressed by the formula 0.5A <= B <= A as long as the terminal portion is able to rotate and contact the valve body contact surface when the valve is to be opened.
In regards to claim 6, the Hwang reference of the combination of the Hwang reference and the Reed reference discloses a float level adjuster (Hwang: 25), wherein the float level adjuster includes one mounting surface (Hwang: it is considered that the threads of the element 25 constitutes one mounting surface), whereby the mounting surface connects the float level adjuster to the valve arm (Hwang: see figure 2).
In regards to claims 7 and 8, the Hwang reference of the combination of the Hwang reference the Reed reference discloses, wherein, in use, the valve arm (Hwang: 2/18) is adapted to not to fall below a valve arm angle below the horizontal (Hwang: by the interaction of the terminal end of the valve arm 18 and the valve body contact surface of the body 1) even when the fluid level is low with the terminal end adapted to contact the valve body contact surface when the valve arm is beyond the valve arm angle.
The Hwang reference of the combination of the Hwang reference and the Reed reference does not expressly disclose wherein the valve arm angle is 30 degrees.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to design the valve arm angle of the Reed reference to be 30 degrees since it has been held that “where the only different between the prior art and the claims was a recitation of relative dimension of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device” Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 SPQ 232 (1984). In the instant case, the device of the Hwang reference of the combination of the Hwang reference and the Reed reference would not operate differently with the claimed valve arm angle.
In regards to claims 9 and 10, the Hwang reference of the combination of the Hwang reference and the Reed reference discloses the valve arm (Hwang: 2/18) has a bend angle (Hwang: at the interaction of 21 and 82).
The Hwang reference of the combination of the Hwang reference and the Reed reference does not disclose wherein the valve arm has a bend angle including between 90 degrees to 92 degrees.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to design the bend angle of the Hwang reference and the combination of the Hwang reference and the Reed reference to be between 90 degrees and 92 degrees since it has been held that “where the only different between the prior art and the claims was a recitation of relative dimension of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device” Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 SPQ 232 (1984). In the instant case, the device of the Hwang reference of the combination of the Hwang reference and the Reed reference would not operate differently with the claimed bend angle.
In regards to claim 11, the Reed reference of the combination of the Hwang reference and the Reed reference discloses wherein the plates (Reed: 14) are tapered inwardly and downwardly towards the valve arm hinge (Reed: it is considered that the plate as depicted in figure 1 moves in a downward direction from the body 1 and wherein the sidewalls of the plate as depicted in figure 1 narrow at the bottom end of the plate as depicted in figure 1).
In regards to claim 13, the Hwang reference of the combination of the Hwang reference and the Reed reference discloses wherein the valve body contact surface (Hwang: see “the valve body contact surface” in the annotated figure 3 above) is curved.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hwang (US 4796650) in view of Reed (US 1677687), as applied to claim 3 above, and further in view of Toadvine (US 2629397).
In regards to claim 4, the Hwang reference of the combination of the Hwang reference and the Reed reference discloses wherein the valve piston includes the valve piston insert (Hwang: 32), the valve piston body (Hwang: it is considered that the portion of the valve piston 3 that supports the valve piston seal 31 and the stem 33 constitutes a valve piston body) and a valve piston seal (Hwang: 33).
The Hwang reference of the combination of the Hwang reference and the Reed reference does not disclose wherein the valve piston insert is not attached to the valve piston body but only contacts the valve piston body, such that the valve piston seal is attached to the valve piston body with a press fit.
However, the Toadvine reference teaches a valve assembly having a valve piston that operates a valve to control a flow of fluid from a flow passage (21) wherein the valve piston comprises a valve piston insert (22), a valve piston body (18) and a valve piston seal (19) wherein the valve piston insert (22) is not attached to the valve piston body (18) and wherein the valve piston seal (19) is attached to the valve piston body by a pressed fit (see col. 2, lines 28-30) wherein the valve piston is easy to install, is easily adjustable and can be substituted for existing valves in use (col. 1, lines 27-31).
The substitution of one known element (the valve piston having a valve piston insert, a valve piston body and a valve piston seal wherein the valve piston insert is not attached to the valve piston body and wherein the valve piston seal is attached to the valve piston body with a press fit as shown in Toadvine) for another (the valve piston as shown in Hwang) would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention since the substitution of the valve piston shown in Toadvine would have yielded predictable results, namely, a linearly movable valve piston in the Hwang reference of the combination of the Hwang reference and the Reed reference wherein the valve piston is easy to install, is easily adjustable and can be substituted for existing valves in use wherein the valve piston insert not being attached to the valve piston body would permit a user to replace either the valve piston insert or the valve piston body when needed.
Claim(s) 14 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hwang (US 4796650) in view of Reed (US 1677687), as applied to claim 1 above, and further in view of Home (US 6138709).
In regards to claim 14, the combination of the Hwang reference and the Reed reference discloses wherein the valve body (Hwang: 1) includes the valve body contact surface (Hwang: see “valve body contact surface” in the annotated figure 3 above) and wherein the valve arm contact surface is received between the plates (Reed: 14) wherein the plates (Reed: 14) define a channel or corridor with the valve arm contact surface forming a side of the channel or corridor.
The combination of the Hwang reference and the Reed reference does not disclose wherein the valve body contact surface is concave to define a recess and is adapted to receive the valve arm contact surface in the recess.
However, the Home reference teaches a valve assembly having a valve body (2) that includes a valve arm hinge mounting member that includes a pair of plates (semi-cylindrical portions) that defines a diametrical slot (24) and a valve body contact surface (see “valve body contact surface” in the annotated figure 2 below) wherein the valve body contact surface is curved (see figure 2) is contacted by lobe (85) of the cam plate (81) of the float rod (8) in order to dispose the float rod at an inclined position with respect to the valve body (2) (see col. 3, lines 45-49).
PNG
media_image3.png
612
749
media_image3.png
Greyscale
The substitution of one known element (the valve body contact surface being curved to define a concave recess as shown in Home) for another (the valve body contact surface as shown in Hwang) would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art since the substitution of the valve body contact surface being curved to define a concave recess shown in Home would have yielded predictable results, namely, a valve body contact surface that permits the float rod of the combination of the Hwang reference and the Reed reference to be disposed at an inclined position with respect to the valve body in order to adjust the required fluid level to close the valve.
In regards to claim 15, the combination of the Hwang reference and the Reed reference discloses wherein the valve body (Hwang: 1) includes the valve body contact surface (Hwang: see “valve body contact surface” in the annotated figure 3 above) wherein the valve body contact surface is located on the valve body proximal the connection of the plates (Reed: 14) to the valve body (Reed: 1) wherein the valve body contact surface has a longitudinal axis that is aligned transverse to the axis of the valve arm hinge (Hwang: considered the axis of the pin 17).
The combination of the Hwang reference and the Reed reference does not disclose wherein the valve body contact surface is curved to define a part-cylindrical recess.
However, the Home reference teaches a valve assembly having a valve body (2) that includes a valve arm hinge mounting member that includes a pair of plates (semi-cylindrical portions) that defines a diametrical slot (24) and a valve body contact surface (see “valve body contact surface” in the annotated figure 2 above) wherein the valve body contact surface defines a part-cylindrical recess (see figure 2) is contacted by lobe (85) of the cam plate (81) of the float rod (8) wherein the part-cylindrical recess has an axis that is transverse to the axis of a valve arm hinge (7) in order to dispose the float rod at an inclined position with respect to the valve body (2) (see col. 3, lines 45-49).
The substitution of one known element (the valve body contact surface being curved to define a concave recess as shown in Home) for another (the valve body contact surface as shown in Hwang) would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art since the substitution of the valve body contact surface being a part-cylindrical recess to define a concave recess shown in Home would have yielded predictable results, namely, a valve body contact surface that permits the float rod of the combination of the Hwang reference and the Reed reference to be disposed at an inclined position with respect to the valve body in order to adjust the required fluid level to close the valve.
Allowable Subject Matter
Claim 16 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
In regards to claim 16, the prior art of record does not disclose or suggest “wherein the bend of the valve stem includes an outward curved surface, and at least a portion of the outward curved surface includes the valve arm contact surface” and in combination with the other limitations of the claim.
Conclusion
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 9:00 am to 5:30 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.
Information regarding the status of an application may be obtained from Patent Center. Status information for published applications may be obtained from Patent Center. Status information for unpublished applications is available through Patent Center for authorized users only. Should you have questions about access to Patent Center, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) Form at https://www.uspto.gov/patents/uspto-automated-interview-request-air-form.
/ANDREW J ROST/Examiner, Art Unit 3753
/CRAIG M SCHNEIDER/Supervisory Patent Examiner, Art Unit 3753