DETAILED ACTION
Claims 1-4,6,8-10,12-16,18,20,22-24 are pending. Claims 5,7,11,17,19,21 and 25 have been cancelled.
This action is in response to the amendment filed 7/23/2025.
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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 8/27/2025 has been entered.
Response to Arguments
Applicant’s arguments, see pages, filed 7/23/2025, with respect to the rejection(s) of pending claim(s) have been fully considered and are persuasive.
Regarding the drawing objections and the 112 rejections,
Applicants’ arguments regarding the connecting portions of the sleeve occupying one or more curved slots of the support frame, are not persuasive, since the connecting portions 121 are located in the channel 119 and not the slots 93. The slots 93 are shown as being through holes, as shown in figure 4, therefore the connecting portions do not exist in the slots. The connecting portions 121 serve to close the bottom of the channel. It appears that the material between the inner sleeve portion and the outer sleeve portions occupy the curved slots of the support frame.
PNG
media_image1.png
520
710
media_image1.png
Greyscale
The newly amended limitations, after further consideration and search, are seen as overcoming the prior art to Durham based on an anticipatory rejection and the previous combination with Sandling.
However, upon further consideration, a new ground(s) of rejection is made in view of O’Connor.
O’Connor teaches an opposed protrusion extends outwardly from a center of each of the pair of opposed recesses to frictionally engage a central internal housing surface of the housing. This O’Connor reference is found obvious to combine with Durham for the purposes of achieving tight sealing and protection against cold-flow and blow out.
PNG
media_image2.png
351
474
media_image2.png
Greyscale
Applicant’s arguments with respect to the pending claim(s) 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.
Since applicant’s amendment necessitated the new grounds for rejection, the action is made Non-Final.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the connecting portions of the sleeve occupying one or more curved slots of the support frame must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be re-numbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: connecting portions in claims 1,16 and 20.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f).
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.
Claims 1-4,6,8-10,12-16,18,20,22-24 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, regards as the invention.
Claims 1, 16 and 20 recite “a respective portion of a support frame of the cartridge within the at least one channel via connecting portions of the sleeve occupying one or more curved slots of the support frame”, which is unclear as to how connecting portions 121 (bottom surface of channel between 103 and 107) occupy curved slots 93. Each of the cross-sectional views in 7A,B and 9, depict solid metal cross-sections of material, appearing to be portions of the internal lower hub surface 85 in the grooves/channels 119, and do not show connecting portions occupying one or more curved slots of the support frame, as shown in Applicant’s amended figures below. It is further noted that the connecting portions 121 are located in the channel 119 and not the through slots 93, as shown in figure 4 of the instant application.
It appears that the material between the inner sleeve portion and the outer sleeve portions occupy the curved slots of the support frame.
PNG
media_image1.png
520
710
media_image1.png
Greyscale
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 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.
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.
Claim(s) 1, 2, 4,6, 8, 9,10,12,13,15,16,20 and 22-24 is rejected under 35 U.S.C. 103 as being unpatentable over Durham et al. (US 1825512) in view of Sandling (US 4617957) and further in view of O’Connor (US 3128987). The claims are being rejected as best understood based on the 112 rejection above.
Regarding claim 1, Durham et al. disclose a valve (see Fig. 2) comprising:
a valve body including a housing (19) having a first internal housing surface (the inner surface of 19 contacting 22, see Fig. 2) defining an internal chamber (the space within the first internal housing surface), wherein the internal chamber is cylindrical (the area surrounding 22 within 19 is cylindrical); and
a valve assembly including:
a cartridge (26),
a sleeve (22) fixedly secured (with screws 28) to the cartridge and having a frustoconical internal sleeve surface (the inner tapered surface of 22 contacting 23) defining an interior cavity (the space within the internal sleeve surface), and
a plug (23,27,29), positioned within the interior cavity and including;
a plug shaft (27,29), wherein the plug shaft is configured to receive an input torque for rotating the plug about “the central axis”, and
a plug body (23) disposed below the plug shaft,
wherein the cartridge is removably coupled to the housing such that the sleeve is disposed within the internal chamber of the housing, wherein the sleeve includes a pair of opposed sleeve apertures (at 24), wherein a plug flow passage (at 41) is configured to selectively align with the pair of opposed sleeve apertures.
PNG
media_image3.png
1188
984
media_image3.png
Greyscale
Durham et al. have disclosed all of the features of the claimed invention, although is silent to having that, the sleeve includes an inner sleeve portion at least partially spaced apart from an outer sleeve portion by at least one channel, and wherein a respective portion of a support frame of the cartridge is secured within the at least one channel via connecting portions of the sleeve occupying one or more curved slots of the support frame,
and wherein a pair of opposed recesses are defined in an external sleeve surface of the outer sleeve portion between the pair of opposed sleeve apertures, and an opposed protrusion extends outwardly from a center of each of the pair of opposed recesses to frictionally engage a central internal housing surface of the housing.
Firstly, Sandling teaches the use of the sleeve (3) being injection molded onto a cartridge (2, 5, col.3, lns. 20-29, see Fig. 1,2,6).
Sandling further teaches, see amended Figures 1,2 and 6 below, the sleeve includes an inner sleeve portion (inner surface of 3 when molded to cartridge 2) at least partially spaced apart from an outer sleeve portion (outer surface of 3 when molded to cartridge 2) by at least one channel (vertical inner opening within 2), and wherein a respective portion (the inner vertical wall surface of 60) of a support frame (60) of the cartridge is secured within the at least one channel via connecting portions (the internal radius at each end of the slots) of the sleeve occupying one or more curved slots of the support frame (the curved slots being the internal slots of 51 surrounded by inner shoulder 53).
PNG
media_image4.png
563
744
media_image4.png
Greyscale
It would have been obvious to one having ordinary skill in the art before the
effective filing date of the claimed invention to modify the material of the sleeve and attachment to the cartridge of Durham et al., to have the sleeve being injection molded onto the cartridge, with the sleeve including an inner sleeve portion at least partially spaced apart from an outer sleeve portion by at least one channel, and wherein a respective portion of a support frame of the cartridge is secured within the at least one channel via connecting portions of the sleeve occupying one or more curved slots of the support frame, as taught by Sandling, in order to “ensure the liner is well supported for a good sealing action between the plug and valve and the valve housing around the fluid inlet and outlet” (Sandling, col.5, lines 19-25).
Secondly, O’Connor teaches the use of a pair of opposed recesses 26, See Fig. 2) are defined in an external sleeve surface (the outer surface of 10) of the outer sleeve portion between the pair of opposed sleeve apertures (the apertures 13,a,14a of the sleeve), and an opposed protrusion extends outwardly (each of the recesses having the protrusions of the material between the protrusions or lands between the recesses, as shown) from a center of each the pair of opposed recesses to frictionally engage a central internal housing surface (the inner bore of 12 surrounding 10) of the housing.
PNG
media_image5.png
1224
880
media_image5.png
Greyscale
It would have been obvious to one having ordinary skill in the art before the
effective filing date of the claimed invention to modify the sleeve of Durham et al., in the combined device of Durham et al. and Sandling, to have a pair of opposed recesses are defined in an external sleeve surface of the outer sleeve portion between the pair of opposed sleeve apertures, and an opposed protrusion extends outwardly from a center of each the pair of opposed recesses to frictionally engage a central internal housing surface of the housing, as taught by O’Connor, in order to achieve tight sealing and protection against cold-flow and blow out (O’Connor, col.1, lines 55-69).
Regarding claim 2, Durham et al. disclose the valve body further includes an end connector element (internal female threads at both sides of housing 19).
Regarding claim 4, Durham et al. disclose the end connector element and the housing are integrally formed together as a unitary piece (as shown in Figure 2).
Regarding claim 6, Durham et al. disclose the plug is configured to selectively rotate about the central axis relative to the sleeve (see Fig. 2 and p.2,lns. 9-64).
Regarding claim 8, Durham et al. disclose “the plug body includes a frustoconical external plug surface (external surface of 23) configured to sealingly engage the frustoconical internal sleeve (the internal surface of 22) surface, wherein”, the frustoconical external plug surface tapers radially outwardly in a first direction (as shown in Figure 2 below, the first direction being vertically downwards towards the bottom of the valve) at a first angle of the valve, and wherein the frustoconical internal sleeve surface tapers radially outwardly in the first direction at the first angle (the first angle being relative to the vertical central axis of the stem and along the mating surfaces of the sleeve and plug).
PNG
media_image3.png
1188
984
media_image3.png
Greyscale
Regarding claim 9, in the combined device of Durham et al. and Sandling, O’Connor, Durham et al. disclose the outer sleeve portion includes an external sleeve surface (the outer surface of the liner seal 3 of Sandling) configured to sealingly engage the first internal housing surface of the housing, and
the frustoconical internal sleeve surface is presented by the inner sleeve portion (the internal sleeve surface is presented near the inner sleeve portion, therefore, the frustoconical internal sleeve surface is considered to be presented “by” the inner sleeve portion, in the broadest reasonable interpretation).
Regarding claim 10, Durham et al. disclose the plug passage (from 40-41) extends through the plug body.
Regarding claim 12, Durham et al. disclose the housing has a second internal housing surface defining a housing flow passage (the passage through 19 within the female threaded end fittings), wherein the housing flow passage is aligned with the pair of opposed sleeve apertures such that the plug flow passage is configured to selectively align with the housing flow passage (as shown in Figure 2,4).
Regarding claim 13, Durham et al. disclose the cartridge is constructed of a metallic material (as represented by the cross section of the material for 19).
When the reference is a utility patent, it does not matter that the feature shown is unintended or unexplained in the specification. The drawings must be evaluated for what they reasonably disclose and suggest to one of ordinary skill in the art. In re Aslanian, 590 F.2d 911, 200 USPQ 500 (CCPA 1979). See MPEP 2125. Here, the drawings clearly show the representation of a metal (see MPEP 608.02, IX chart).
Regarding claim 14, in the combined device of Durham et al. , Sandling, and O’Connor, Sandling discloses that the sleeve is constructed of a polymeric material (col.2, lns. 48-51).
Regarding claim 15, Durham et al. disclose the valve body is constructed of a metallic material as represented by the cross section of the material for the body 19.
When the reference is a utility patent, it does not matter that the feature shown is unintended or unexplained in the specification. The drawings must be evaluated for what they reasonably disclose and suggest to one of ordinary skill in the art. In re Aslanian, 590 F.2d 911, 200 USPQ 500 (CCPA 1979). See MPEP 2125. Here, the drawings clearly show the representation of a metal (see MPEP 608.02, IX chart).
Regarding method claim 16, the combined device shown by Durham et al. with Sandling and O’Connor, will perform the methods as recited in claim 16, during normal operational use of the device, as discussed in the apparatus features for claim 1.
Regarding claim 20, Durham et al. disclose a valve assembly comprising:
a cartridge (26) configured to be removably coupled to a valve body (19) and including a support frame (screws 28 and the ports for the screws);
a sleeve (22) fixedly secured to the support frame of the cartridge and having;
a cylindrical external sleeve surface (the outer surface of 22 contacting the inner bore of 19), and
an internal sleeve surface (the surface contacting the exterior surface of 23, see Fig. 2) defining an interior cavity; and
a plug (23,27,29) positioned within the interior cavity and including;
a plug shaft (27,29), and
a plug body (23) disposed below the plug shaft,
wherein the sleeve includes a pair of opposed sleeve apertures (at 24), wherein a plug flow passage (at 41) is configured to selectively align with the pair of opposed sleeve apertures.
Durham et al. is silent to having that the sleeve at least partially encapsulates the support frame, where, the sleeve includes an inner sleeve portion at least partially spaced apart from an outer sleeve portion by at least one channel, and wherein a respective portion of a support frame of the cartridge is secured within the at least one channel via connecting portions of the sleeve occupying one or more curved slots of the support frame,
and wherein a pair of opposed recesses are defined in an external sleeve surface of the outer sleeve portion between the pair of opposed sleeve apertures, and an opposed protrusion extends outwardly from a center of each of the pair of opposed recesses to frictionally engage a central internal housing surface of the housing.
Firstly, Sandling teaches the use of the sleeve (3) being injection molded onto a cartridge (2, 5, col.3, lns. 20-29, see Fig. 1,2,6), having; a cartridge (2) configured to be removably coupled to a valve body (1) and including a support frame (5,50-56,60);
a sleeve (3) fixedly secured to the support frame of the cartridge and having;
a cylindrical external sleeve surface (the outer surface of 3 contacting the inner bore of 1), and an internal sleeve surface (the surface contacting the exterior surface of 4, see Fig. 1) defining an interior cavity;
the sleeve at least partially encapsulates the support frame (as shown in Figure 1, col.5, lns.3- 28).
Sandling further teaches, see amended Figures 1,2 and 6 above, the sleeve includes an inner sleeve portion (inner surface of 3 when molded to cartridge 2) at least partially spaced apart from an outer sleeve portion (outer surface of 3 when molded to cartridge 2) by at least one channel (vertical inner opening within 2), and wherein a respective portion (the inner vertical wall surface of 60) of a support frame (60) of the cartridge is secured within the at least one channel via connecting portions (the internal radius at each end of the slots) of the sleeve occupying one or more curved slots of the support frame (the curved slots being the internal slots of 51 surrounded by inner shoulder 53).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the material of the sleeve and attachment to the cartridge of Durham et al., to have the sleeve being injection molded onto the cartridge, where the sleeve at least partially encapsulates the support frame, with the sleeve including an inner sleeve portion at least partially spaced apart from an outer sleeve portion by at least one channel, and wherein a respective portion of a support frame of the cartridge is secured within the at least one channel via connecting portions of the sleeve occupying one or more curved slots of the support frame, as taught by Sandling, in order to “ensure the liner is well supported for a good sealing action between the plug and valve and the valve housing around the fluid inlet and outlet” (Sandling, col.5, lines 19-25).
Secondly, O’Connor teaches the use of a pair of opposed recesses 26, See Fig. 2) are defined in an external sleeve surface (the outer surface of 10) of the outer sleeve portion between the pair of opposed sleeve apertures (the apertures 13,a,14a of the sleeve), and an opposed protrusion extends outwardly (each of the recesses having the protrusions of the material between the protrusions or lands between the recesses, as shown) from a center of each the pair of opposed recesses to frictionally engage a central internal housing surface (the inner bore of 12 surrounding 10) of the housing.
PNG
media_image5.png
1224
880
media_image5.png
Greyscale
It would have been obvious to one having ordinary skill in the art before the
effective filing date of the claimed invention to modify the sleeve of Durham et al., in the combined device of Durham et al. and Sandling, to have a pair of opposed recesses are defined in an external sleeve surface of the outer sleeve portion between the pair of opposed sleeve apertures, and an opposed protrusion extends outwardly from a center of each the pair of opposed recesses to frictionally engage a central internal housing surface of the housing, as taught by O’Connor, in order to achieve tight sealing and protection against cold-flow and blow out (O’Connor, col.1, lines 55-69).
Regarding claim 22, Durham et al. disclose the cartridge includes a central bore (the inner bore of 28 that surrounds 27,29 see Fig. 2), and wherein the plug shaft is rotatably received by the central bore.
Regarding claim 23, Durham et al. disclose the internal chamber extends between an open upper end (surrounding 27) and a closed lower end (at cap bottom 42, as shown in Figure 2).
Regarding claim 24, Durham et al. disclose the plug body defines a lowermost portion of the plug (as shown in Fig. 2).
Claim(s) 3 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Durham et al. ‘512, Sandling ‘957, and O’Connor ‘987, and further in view of Wu (US 6185821).
Regarding claim 3, Durham et al. with Sandling and O’Connor, are silent to having that the end connector element is frictionally welded to the housing.
Wu teaches the use of friction welding (5,111,221) a flange connection (1, see Fig. 3-5) onto a valve body (22, col.3, lns. 52-col.4,lns.12).
It would have been obvious to one having ordinary skill in the art before the
effective filing date of the claimed invention to substitute a welded flange connection as taught by Wu for the threaded connection of Durham et al., in the combined device of Durham et al. , Sandling and O’Connor, in order to mate with a flange connection on the mating pipeline, and since it has been held that an express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious. Here, a flange connection is substituted for a threaded connection.
Regarding method claim 18, the device shown by the combination of Durham et al., Sandling, O’Connor and Wu will perform the methods as recited in claim 18, during normal operational use of the device.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Craig Price, whose telephone number is (571)272-2712 or via facsimile (571)273-2712. The examiner can normally be reached on Monday-Friday (8:00AM-4:30PM EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisors can be reached by phone. Craig Schneider can be reached at 571-272-3607, 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.
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) at http://www.uspto.gov/interviewpractice.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/CRAIG J PRICE/ Primary Examiner, Art Unit 3753
Prosecution Insights