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 6/26/2026.
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 with respect to claim(s) 1-4,6,8-10,12-16,18,20,22-24 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 filing of the IDS necessitated the new grounds for rejection, this action has been made Final.
The indicated allowability of claims 1-4,6,8-10,12-16,18,20,22-24 is withdrawn in view of the newly discovered reference(s) to Duffey, as supplied by applicant. Rejections based on the newly cited reference(s) follow.
A second or any subsequent action on the merits in any application or patent involved in reexamination proceedings may not be made final if it contains a new ground of rejection unless the new ground of rejection was necessitated by an amendment to the claims or as a result of information submitted in an information disclosure statement within the time period under 37 CFR 1.97(c) with the fee set forth in 37 CFR 1.17(p). (See MPEP 706.07(a))
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 5/5/2026, 6/9/2026 and 6/9/2026 were filed prior to the mailing date of the mailing of this action. The submissions comply with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements have been considered by the examiner.
Claim Objections
Applicants’ amendments overcome the prior objections.
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) 1,2,4,6,8-10,12-16,20 and 22-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Duffey (US 3498317) in view of Sandling (US 4410003).
Regarding claim 1, Duffey discloses a valve (10, see Fig. 1) comprising:
a valve body (12,25) including a housing (12) having a first internal housing surface (the inner tapered surface of 12 contacting 15) defining an internal chamber (the space within the first internal housing surface) wherein the internal chamber is cylindrical; and
a valve assembly (20,44,15,35,48) including:
a cartridge (35)
a sleeve (15) constructed of a polymeric material (col.3, lns. 51-54) wherein the sleeve includes an inner sleeve portion (portion of 15 abutting 20) and an outer sleeve portion (portion of 15 abutting 12), wherein the inner sleeve portion has a frustoconical internal sleeve surface (col.3, line 52) defining an interior cavity, and
a plug (20,44) positioned within the interior cavity and including
a plug shaft (44), wherein the plug shaft is configured to receive an input torque for rotating the plug about a central axis (the inherent vertical centerline shaft through 20 and 44), and a plug body (20) disposed below the plug shaft, wherein the cartridge is removably coupled (via 50,51,30) 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 (17a,18a, col.5, lns. 5-7), wherein a plug flow passage (21, see Fig. 2) is configured to selectively align with the pair of opposed sleeve apertures, and wherein a pair of opposed recesses (at 101/100, 100a,101a, see Fig. 6) are defined in an external sleeve surface of the outer sleeve portion between the pair of opposed sleeve apertures, and an opposed protrusion (at 103) extends outwardly from a center of each of the pair of opposed recesses to frictionally engage a central internal housing surface (the surface of 12 at 105) of the housing.
Duffey is silent to having that the cartridge includes a lower hub extending from the cartridge, wherein the lower hub includes a support frame constructed of a metallic material, the sleeve fixedly secured to the support frame, wherein the support frame is captured between the inner sleeve portion and the outer sleeve portion, wherein the support frame defines one or more slots and wherein the polymeric material of the sleeve extends through the one or more slots to mechanically couple the inner sleeve portion to the outer sleeve portion, wherein the metallic support frame provides structural stability to the polymeric sleeve.
Sandling teaches that the cartridge (32) includes a lower hub (54,38,80,82) extending from the cartridge, wherein the lower hub includes a support frame (38) constructed of a metallic material, the sleeve (80,82,90) fixedly secured to the support frame, wherein the support frame is captured between the inner sleeve portion and the outer sleeve portion, wherein the support frame defines one or more slots (92, col.5, lns. 22-36, see Fig. 4), and wherein the polymeric material of the sleeve (“plastics material fitted to the metal cage” (38), col.5, line 24) extends through the one or more slots (col.5, lines 30-33) to mechanically couple the inner sleeve portion to the outer sleeve portion, wherein the metallic support frame provides structural stability to the polymeric sleeve.
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It would have been obvious to one having ordinary skill in the art before the
effective filing date of the claimed invention to substitute support frame with outer sleeve seal connection as taught by Sandling for the sleeve of Duffey, to have the cartridge includes a lower hub extending from the cartridge, wherein the lower hub includes a support frame constructed of a metallic material, the sleeve fixedly secured to the support frame, wherein the support frame is captured between the inner sleeve portion and the outer sleeve portion, wherein the support frame defines one or more slots, and wherein the polymeric material of the sleeve extends through the one or more slots to mechanically couple the inner sleeve portion to the outer sleeve portion, wherein the metallic support frame provides structural stability to the polymeric sleeve, in order to prevent cold flow of the plastics material and easily replacing the sleeve during servicing, and having a metal to metal seat in case of a fire to permit the metal – to -metal seal (Sandling, col. 6,lns 42-col.7,lns 3), and since it has been held that an express suggestion to substitute one equivalent component (one sealing sleeve for another) or process for another is not necessary to render such substitution obvious.
Regarding claim 2, Duffey discloses the valve body further includes an end connector element (the flange connections at 52, see Fig. 1).
Regarding claim 4, Duffey discloses the end connector element and the housing are integrally formed together as a unitary piece (as shown in Figure 1).
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Regarding claim 6, Duffey discloses the plug (20) is configured to selectively rotate about the central axis relative to the sleeve (col.3, lns. 44-47).
Regarding claim 8, Duffey discloses the plug body includes a frustoconical external plug surface (external surface of 20) configured to sealingly engage the frustoconical internal sleeve surface, wherein the frustoconical external plug surface tapers radially outwardly in a first direction at a first angle (as shown in Figure 1 above, the first direction being vertically upwards towards the top of the valve), and wherein the frustoconical internal sleeve surface tapers radially outwardly in the first direction at the first angle.
Regarding claim 9, Duffey discloses the outer sleeve portion (the upper section of 25 abutting 12 near 81, see Fig. 1) includes an external sleeve surface (the outer surface of 25 mating with the inner surface of 12) configured to sealingly engage the first internal housing surface of the housing; and wherein the frustoconical internal sleeve surface is presented by the inner sleeve portion (since the inner sleeve portion is presented near the inner sleeve portion, it is considered to be presented “by” the inner sleeve portion in the broadest reasonable interpretation).
Regarding claim 10, Duffey discloses the plug includes a plug flow passage (21) extending through the plug body.
Regarding claim 12, Duffey discloses the housing has a second internal housing surface defining a housing flow passage (the passage through 12, see Figure 1, dotted line for 21 aligns with the inner bores within 12), 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 1 above).
Regarding claim 13, Duffey disclose the cartridge (35) is constructed of a metallic material (as represented by the cross-section of the material for 35 and see col.3, lns. 36-38 the body is made of metal or metal alloy, therefor the “cartridge” 35 being cross-hatched in the same manner is considered as being made of the same metal material).
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, Duffey disclose the sleeve is constructed of a polymeric material. (PTFE, col.3, lns. 51-54; Also see Sandling, col. 5, lns. 22-36).
Regarding claim 15, Duffey disclose the valve body (12) is constructed of a metallic material as represented by the cross- section of the material for 12 (see col.3, lns. 36-38 the body is made of metal or metal alloy).
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 device shown by Duffey when combined with Sandling will perform the method as recited in claim 16, during normal operational use of the device.
Regarding claim 20, Duffey discloses a valve assembly (10) comprising: a cartridge (35) configured to be removably coupled (via 30,50,51) to a valve body (12,52)) and including
a sleeve (25) constructed of a polymeric material (PFFTE, col.3, lns. 53), wherein the sleeve includes an inner sleeve portion and an outer sleeve portion, wherein the outer sleeve portion has a cylindrical external sleeve surface, and wherein the inner sleeve portion has a frustoconical internal sleeve surface (as shown in Figure 1) defining an interior cavity, wherein the sleeve includes a pair of opposed sleeve apertures (17a,18a),
a plug (20,44) positioned within the interior cavity and including
a plug shaft (44), and a plug body (20) disposed below the plug shaft,
wherein a plug flow passage (21) is configured to selectively align with the pair of opposed sleeve apertures (17a,18a), and wherein a pair of opposed recesses (see Fig. 6, at 100/101 and 100a,101a) are defined in an external sleeve surface of the outer sleeve portion between the pair of opposed sleeve apertures, and an opposed protrusion (105) extends outwardly from a center of each of the pair of opposed recesses to frictionally engage a central internal housing surface (the surface of 12 that abuts the sleeve 25) of a housing (12).
Duffey is silent to having; a support frame, wherein the cartridge includes a lower hub, wherein the lower hub includes the support frame, wherein the support frame is constructed of a metallic material; and the sleeve fixedly secured to the support frame, wherein the support frame is captured between the inner sleeve portion and the outer sleeve portion, wherein the sleeve at least partially encapsulates the support frame, wherein the support frame defines one or more slots, and wherein the polymeric material of the sleeve extends through the one or more slots to mechanically couple the inner sleeve portion to the outer sleeve portion, wherein the metallic support frame provides structural stability to the polymeric sleeve.
Sandling teaches that a support frame (38), wherein the cartridge includes a lower hub (54,38,80,82), wherein the lower hub includes the support frame, wherein the support frame is constructed of a metallic material (as shown in the figure based on the cross-hatching symbol); and the sleeve fixedly secured to the support frame, wherein the support frame is captured between the inner sleeve portion and the outer sleeve portion, wherein the sleeve at least partially encapsulates the support frame, wherein the support frame defines one or more slots (92), and wherein the polymeric material of the sleeve extends through the one or more slots (col.5, lines 30-33) to mechanically couple the inner sleeve portion to the outer sleeve portion, wherein the metallic support frame provides structural stability to the polymeric sleeve.
It would have been obvious to one having ordinary skill in the art before the
effective filing date of the claimed invention to substitute support frame with outer sleeve seal connection as taught by Sandling for the sleeve of Duffey, to have a support frame, wherein the cartridge includes a lower hub, wherein the lower hub includes the support frame, wherein the support frame is constructed of a metallic material; and the sleeve fixedly secured to the support frame, wherein the support frame is captured between the inner sleeve portion and the outer sleeve portion, wherein the sleeve at least partially encapsulates the support frame, wherein the support frame defines one or more slots, and wherein the polymeric material of the sleeve extends through the one or more slots to mechanically couple the inner sleeve portion to the outer sleeve portion, wherein the metallic support frame provides structural stability to the polymeric sleeve, in order to prevent cold flow of the plastics material and easily replacing the sleeve during servicing, and having a metal to metal seat in case of a fire to permit the metal – to -metal seal (Sandling, col. 6,lns 42-col.7,lns 3), and since it has been held that an express suggestion to substitute one equivalent component (one sealing sleeve for another) or process for another is not necessary to render such substitution obvious.
Regarding claim 22, Duffey discloses the cartridge (35) includes a central bore (the bore of 35 surrounding 48), and wherein the plug shaft is rotatably received by the central bore.
Regarding claim 23, Duffey discloses the internal chamber extends between an open upper end (the upper end of 12 that surrounds 44,35, see Fig. 1) and a closed lower end (at 16).
Regarding claim 24, Duffey discloses the plug body defines a lowermost portion of the plug (the bottom most portion of 20 near 16, see Fig. 1).
Claim(s) 3 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Duffey ‘317 and Sandling ‘003 in view of Wu (US 6185821).
Regarding claim 3, Duffey ‘317 and Sandling ‘003 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 flange connection of the combined device of Duffey ‘317 and Sandling ‘003, 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 Duffey ‘317, Sandling ‘003 and Wu will perform the methods as recited in claim 18, during normal operational use of the device.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Applicant's submission of an information disclosure statement under 37 CFR 1.97(c) with the timing fee set forth in 37 CFR 1.17(p) on 6/9/2026 prompted the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 609.04(b). 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 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 supervisor, Craig Schneider, can be reached at telephone number 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.
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/CRAIG J PRICE/ Primary Examiner, Art Unit 3753
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