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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 19 June 2025 has been entered.
Response to Amendment
The amendment filed 6 May 2025 has been entered.
New claim objections have been provided in the current Office action.
Applicant’s arguments, filed 6 May 2025, with respect to the rejection of claim 1 under 35 USC § 103 have been fully considered and are persuasive. However, after conducting an updated search, a reference was identified, which teaches the amended portion of the claims. Therefore, the claims remain rejected as obvious in view of the prior art.
Claims 8 and 15 are 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.
Status of the Claims
In the amendment dated 6 May 2025, the status of the claims is as follows: Claims 1 and 13 have been amended.
Claims 1-3, 5-17, and 19-21 are pending.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119 or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Applicant has not complied with one or more conditions for receiving the benefit of an earlier filing date under 35 U.S.C. 119 as follows: fig. 7 of the Instant Application is not present in the priority Foreign Priority Document (EP3753668A1); however, fig. 7 is present in the Domestic Priority Document (WO2020254680A1). With respect to the claims, claims 3 and 21 were added based on limitations that were added to the Domestic Priority Document but are not present in the Foreign Priority Document. Accordingly, claims 1-2, 5-17, and 19-20 have the benefit of the earlier filing date from the Foreign Priority Document (20 June 2019), but claims 3 and 21 have the benefit of the filing date from the Domestic Priority Document (22 June 2020).
Claim Objections
Claims 1, 8, 12-13, 16, and 21 are objected to because of the following informalities:
In claim 1, recommend amending the claim to recite: “with
In claim 8, recommend amending the claim to recite: “through one of the connection end’s opening.”
In claim 12, recommend amending the claim to recite: “…of the welding tool.”
In claim 13, recommend placing a comma between “housing” and “the” in line 4, i.e., “..valve housing, the valve housing…”
In claim 16, recommend amending the claim to recite: “when the indexer is in an expanded position.”
In claim 21, recommend inserting a period at the end of the claim.
Appropriate correction is required.
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.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations such as the holding means and rotation means of claim 13 in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claims 17 and 20 have sufficient structure such that the “rotation means” is not interpreted under 35 USC 112(f). Claims 14-17 and 20-21 have sufficient structure such that the “holding means” is not interpreted under 35 USC 112(f).
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: “…by means of…” in claims 7 and 14.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
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 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.
Claims 1-3, 5-7, 10-14, 17, and 19-21 are rejected under 35 U.S.C. 103 as being unpatentable over Gachot (US-4235003-A) in view of Eklof (US-20040117986-A1).
Regarding claim 1, Gachot teaches a method for producing a ball valve (“Method Of Manufacture Of A Ball Valve,” title) for regulating a fluid (“for connecting the valve to a piping system,” claim 1; construed such that the manufactured ball valve is able to regulate fluid in a piping system), the ball valve including a valve housing (housing of the valve, fig. 2) with a central part (flared out portions 3 and 4, fig. 1) and with two connection ends (sleeves 12 and 13, fig. 1), the connection ends extending away from the central part (sleeve 12 extends to the left of flared out portion 13 and sleeve 13 extends to the right of flared out portion 4, figs. 1-2), further including a valve element (ball 15, fig. 2) arranged within the central part (the ball 15 is arranged within edges, which are welded together at weld fillet 17, fig. 2), wherein the valve element is arranged relative to one or more valve seats (valve seats 14, fig. 2) in the central part of the valve housing (“the ball 15 slides on the valve seat 14.,” column 4, line 55), and wherein the method of producing the valve housing includes the following steps:
providing (steps (a)-(c), claim 1) at least a first housing part and a second housing part (“two shells 1 and 2,” column 3, lines 20-21) of the valve housing, said first and second housing parts (shells 1 and 2, fig. 1) each including at least a central housing part (flared portions 3 and 4, fig. 1) and one of the connection ends (sleeves 12 and 13, fig. 1; shell 1 includes flared portion 3 and sleeve 12; shell 2 includes flared portion 4 and sleeve 13, figs. 1-2),
providing (step (d), claim 1) the valve element shaped as a ball (ball 15, fig. 2) with at least one through-going aperture (passageway 41, fig. 2),
arranging (step (e), claim 1) the first and second housing parts (shells 1 and 2, fig. 1) with the respective central part ends (edges 5, fig. 1) facing towards each other, and further arranging the ball (ball 15, fig. 2) at a position inside an inner space (semicircular notches 11, fig. 1) defined by the respective central part ends (“to enclose the ball,” claim 1; column 3, lines 37-43), and
welding (step (e), claim 1) the first and second housing parts together (“The edges 5 are then welded together by means of a weld fillet 17,” column 3, lines 40-41) using a welding tool (“welding machine,” column 4, line 42, operating rod 19, fig. 3, and mandrel 43, fig. 4) while performing an interrelated rotation (“rotation of the mandrel 43,” column 4, line 47) about an axial rotation axis (central axis of the mandrel 43, fig. 4) between the position of the first and second housing parts (weld fillet 17 is between shells 1 and 2, figs. 1-2) and the position of the ball (ball 15, fig. 4) and the welding tool (“welding machine (not shown in the drawings) which is intended to make a spot weld between the chamfers 9,” column 4, lines 42-44; the weld fillet 17 is applied at chamfers 9, fig. 4; the chamfers 9 are construed as being between the welding machine and the ball 15, fig. 4) to provide the valve housing with a single welding seam (weld fillet 17, fig. 2) arranged at the central part (chamfers 9 of the flared out parts 3 and 4, fig. 1) of the valve housing, wherein the interrelated rotation is performed by:
rotating the first and second housing parts (“rotation of the mandrel 43 so as to displace the edges 5,” column 4, lines 47-48; the edges 5 are part of the shells 1 and 2, fig. 1) relative to a fixed position (central axis of mandrel 43 through the operating rod 19, fig. 4), while the ball (“the ball is applied against the seat 14 of the sleeve 12 and maintained stationary by means of the operating rod 19,” column 4, lines 51-53) and the welding laser or welding torch remain stationary (“a welding machine (not shown in the drawings) which is intended to make a spot weld between the chamfers 9 opposite to the opening of the passageway 41, that is to say in the place of FIG. 4,” column 4, lines 42-45; construed such that the welding machine remains stationary relative to the chamfers 9, fig. 4) with respect to the fixed position (axis along rod 19, fig. 4), and/or
rotating the ball and the welding laser or welding torch relative to a fixed position, while the first and second housing parts remain stationary with respect to the fixed position (not explicitly disclosed).
Gachot, figs. 1-4
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Gachot does not explicitly disclose a welding laser or welding torch (although Gachot teaches a “welding machine,” Gachot does not explicitly disclose what type of welding machine is used).
However, in the same field of endeavor of manufacturing ball valves, Eklof teaches a welding laser (“laser…welding,” para 0016; source of radiation 30, fig. 7) or welding torch (not explicitly disclosed).
Eklof, fig. 7
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Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to modify the invention of Gachot to include, a welding laser or welding torch, in view of the teachings of Eklof, by using a welding laser, as taught by Eklof, as the welding machine, as taught by Gachot, in order to use a laser beam to weld the ball valve, which advantageously provides fast welding performance, substantially low heat, and low risk of spatters (Eklof, paras 0006 and 0011-0014).
Regarding claim 2, the combination of Gachot in view of Eklof as set forth above regarding claim 1 teaches the invention of claim 2. Specifically, Gachot teaches the single welding seam (weld fillet 17, fig. 2), and Eklof teaches wherein the welding seam (joints 11 and 12, fig. 7) is made with laser welding (“laser,” para 0010; source of radiation 30, fig. 7).
Regarding claim 3, Gachot teaches wherein the welding is performed from the inner space (not explicitly disclosed) or an outer side of the central part (“a welding machine (not shown in the drawings) which is intended to make a spot weld between the chamfers 9 opposite to the opening of the passageway 41, that is to say in the place of FIG. 4,” column 4, lines 42-45; the welding machine provides welding on the outside of the ball joint).
Regarding claim 5, Gachot teaches wherein the first and second housing parts (shells 1 and 2, fig. 1) are identical in shape (the shells 1 and 2 have the same shape, fig. 1).
Regarding claim 6, Gachot teaches wherein the one or more valve seats (seats 14, fig. 2) is arranged in the first and/or the second housing parts (shells 1 and 2, fig. 2) prior to the welding of the valve housing (“Said ring forms a seat for a ball 15,” column 3, lines 26-27; as shown in fig. 1, the ring is formed prior to the welding of shells 1 and 2 together).
Regarding claim 7, Gachot teaches wherein the ball (ball 15, fig. 3) is maintained in a rotating (not explicitly disclosed) or fixed manner inside and relative to the central part, by means of the welding tool (“welding machine,” column 4, line 42, operating rod 19, fig. 3, and mandrel 43, fig. 4 “the ball is applied against the seat 14 of the sleeve 12 and maintained stationary by means of the operating rod 19,” column 4, lines 51-53) including
an expandable mandrel configured and arranged to hold the ball, when the mandrel is inserted into the through-going aperture and then expanded (not explicitly disclosed), or
an arm (operating rod 19, fig. 3) with an indexer (end 21, fig. 3) configured and arranged to hold the ball (ball 15, fig. 3), in a fixed position on the arm (column 4, lines 52-53) by the indexer engaging an indexer aperture (slot 22, fig. 3) in the ball (column 3, lines 57-60).
Regarding claim 10, Gachot teaches a ball valve (Ball Valve,” title) for regulating the fluid (“for connecting the valve to a piping system,” claim 1; construed such that the manufactured ball valve is able to regulate fluid in a piping system) at the central part of the valve (the ball 15 is located at the flared-out portions 3 and 4, fig. 1), produced using the method according to claim 1 (please see rejection for claim 1 above).
Regarding claim 11, Gachot teaches the invention as described above but does not explicitly disclose wherein the ball valve is a floating ball valve or a trunnion ball valve.
However, in the same field of endeavor of manufacturing ball valves, Eklof teaches wherein the ball valve is a floating ball valve (not explicitly disclosed) or a trunnion ball valve (ball 2 is attached to spindle 14 and handle 15, fig. 6; construed as a trunnion ball valve).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to modify the invention of Gachot to include, wherein the ball valve is a floating ball valve or a trunnion ball valve, in view of the teachings of Eklof, by adding a spindle and a handle, as taught by Eklof, to the ball 15 inside the semicircular notches 11, as taught by Gachot, in order to use a handle to rotate the valve ball for opening and closing the valve (Eklof, para 0016).
Regarding claim 12, Gachot teaches wherein the ball (ball 15, fig. 3) further includes an indexer aperture (slot 22, fig. 3), where said indexer aperture in the ball is adapted in size, shape and/or position to engage with an indexer (end 21, fig. 3) of a welding tool (“welding machine,” column 4, line 42, operating rod 19, fig. 3, and mandrel 43, fig. 4).
Regarding claim 13, Gachot teaches a welding tool (“welding machine,” column 4, line 42, operating rod 19, fig. 3, and mandrel 43, fig. 4) for holding and handling valve housing parts and a ball (shells 1 and 2 and ball 15, fig. 4) during welding (column 4, lines 46-55), said welding tool comprises:
holding means (operating rod 19, fig. 4; construed as an arm) configured to hold the ball in a position (rod 19 holds ball 15, fig. 4) inside a central part (flared out portions 3 and 4, fig. 1) of a valve housing (housing of the valve, fig. 2) the valve housing including first and second valve housing parts (shells 1 and 2, fig. 1), and rotation means (mandrel 43, fig. 4 and stuffing box 23, fig. 3; the jaws 42 are construed as a turret and mandrel 43 is construed as a bearing) configured and arranged to perform an interrelated rotation (“rotation of the mandrel 43,” column 4, line 47) about an axial rotation axis (central axis of the mandrel 43, fig. 4) between a position of the first and second valve housing parts (weld fillet 17 is between shells 1 and 2, figs. 1-2) and the position of the ball (ball 15, fig. 4) and a welding laser or welding torch (a laser or torch is not explicitly disclosed; “welding machine (not shown in the drawings) which is intended to make a spot weld between the chamfers 9,” column 4, lines 42-44; the weld fillet 17 is applied at chamfers 9, fig. 4; the chamfers 9 are construed as being between the welding machine and the ball 15, fig. 4), wherein the interrelated rotation is performed by:
rotating the first and second housing parts (“rotation of the mandrel 43 so as to displace the edges 5,” column 4, lines 47-48; the edges 5 are part of the shells 1 and 2, fig. 1) relative to a fixed position (central axis of mandrel 43 through the operating rod 19, fig. 4), while the ball (“the ball is applied against the seat 14 of the sleeve 12 and maintained stationary by means of the operating rod 19,” column 4, lines 51-53) and the welding laser or welding torch remain stationary (“a welding machine (not shown in the drawings) which is intended to make a spot weld between the chamfers 9 opposite to the opening of the passageway 41, that is to say in the place of FIG. 4,” column 4, lines 42-45; construed such that the welding machine remains stationary relative to the chamfers 9, fig. 4) with respect to the fixed position (axis along rod 19, fig. 4), and/or rotating the ball and the welding laser or welding torch relative to a fixed position, while the first and second housing parts remain stationary with respect to the fixed position (not explicitly disclosed).
Gachot does not explicitly disclose a welding laser or welding torch (although Gachot teaches a “welding machine,” Gachot does not explicitly disclose what type of welding machine is used).
However, in the same field of endeavor of manufacturing ball valves, Eklof teaches a welding laser (“laser…welding,” para 0016; source of radiation 30, fig. 7) or welding torch (not explicitly disclosed).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to modify the invention of Gachot to include, a welding laser or welding torch, in view of the teachings of Eklof, by using a welding laser, as taught by Eklof, as the welding machine, as taught by Gachot, in order to use a laser beam to weld the ball valve, which advantageously provides fast welding performance, substantially low heat, and low risk of spatters (Eklof, paras 0006 and 0011-0014).
Regarding claim 14, Gachot teaches wherein the holding means (operating rod 19, fig. 4) includes:
an expandable mandrel which is configured and arranged to hold the ball when inserted into a through-going aperture and then expanded (not explicitly disclosed), or
an arm (operating rod 19, fig. 4) with a radial bore (notches 11, fig. 3) in which an indexer (end 21, fig. 3) is mounted, and where the indexer is configured to be slidable radially (“screwdriver coupling,” column 3, line 60) out of and/or into the radial bore by means of an indexing actuator (actuating component 35) arranged in the arm (column 4, lines 16-22).
Regarding claim 17, Gachot teaches wherein the rotation means (mandrel 43, fig. 4 and stuffing box 23, fig. 3) for performing the interrelated rotation about the axial rotation axis (column 4, lines 46-50) includes a turret (jaws 42, fig. 4) and a bearing (stuffing box 23, fig. 3; “cooperate laterally,” column 4, lines 4-9; construed as acting like a bearing for the rod 19 when the shells are rotated by the mandrel), where the bearing is arranged to surround the arm (stuffing box 23 surrounds the rod 19, fig. 3), and where the turret (jaws 42, fig. 4) is arranged to engage with an end of the valve housing (hub 6, fig. 4) so as to enable rotation of the valve housing parts (column 4, lines 37-41).
Regarding claim 19, Gachot teaches wherein the rotation axis (central axis of the mandrel 43, fig. 4) coincides with a central longitudinal axis of the valve housing (central axis of shells 1 and 2, fig. 4).
Regarding claim 20, Gachot teaches wherein the rotation means (mandrel 43, fig. 4 and stuffing box 23, fig. 3) for performing the interrelated rotation about the axial rotation axis (column 4, lines 46-50) includes a turret (stuffing box 23, fig. 3; “cooperate laterally,” column 4, lines 4-9; construed as acting like a turret for the rod 19 when the shells are rotated by the mandrel) and a bearing (mandrel 43, fig. 4), where the turret is arranged to surround the arm (stuffing box 23 surrounds the rod 19, fig. 3), and where the bearing (mandrel 43, fig. 4) is arranged to engage with an end of the valve housing (hub 6, fig. 4) so as to enable rotation of the valve housing parts (column 4, lines 46-50).
Regarding claim 21, the combination of Gachot in view of Eklof as set forth above regarding claims 13 and 14 teaches the invention of claim 21. Specifically, Gachot teaches wherein the welding laser or welding torch (“welding machine,” column 4, line 46; construed as being located at the chamfers 9, fig. 4) and the indexer (end 21, fig. 4) are aligned in a radial direction (flattened end 21 and chamfers 9 are aligned along the outer radius of the ball 15, fig. 4) so that the indexer is held in a fixed position (“stationary,” column 4, line 52) relative to a welding spot during welding (“spot weld between the chamfers 9,” column 4, lines 43-44). Additionally, Eklof teaches the welding laser (“laser…welding,” para 0016; source of radiation 30, fig. 7) or welding torch (not explicitly disclosed).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Gachot (US-4235003-A) in view of Eklof (US-20040117986-A1) as applied to claims 1 and 7 above and further in view of Schnorrer et al. (US-20030047650-A1).
Gachot teaches the invention as described above but does not explicitly disclose wherein the method further includes inspecting the single welding seam on the interior of the valve housing's central part using a camera arranged on the arm.
However, reasonably pertinent to the same problem of preventing nonhomogeneous weld seams, Schnorrer teaches wherein the method further includes inspecting the single welding seam (weld seam between pipe ends 91 and 92, fig. 3; “the weld seam may be observed and inspected with regard to its quality,” para 0057) on the interior of the valve housing's central part (interior of the pipes, fig. 3) using a camera (“rotatable camera housing,” para 0057) arranged on the arm (“one of the clamping plates comprises an axial passage,” para 0057; construed such that a rotatable camera housing can be mounted on the clamp taught by Kajrup).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to modify the invention of Gachot to include, wherein the method further includes inspecting the single welding seam on the interior of the valve housing's central part using a camera arranged on the arm, in view of the teachings of Schnorrer, by using a camera, as taught by Schnorrer, on the annular flange 27 inside the notch 11, as taught by Gachot, in order to do a complete revolution of the camera housing to observe the welding seam once the weld is complete, for the advantage of inspecting the weld seam’s quality to ensure that no leaks occur when fluid is applied against the seam of the weld (Schnorrer, para 0057).
Claims 14 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Gachot (US-4235003-A) in view of Eklof (US-20040117986-A1) as applied to claim 13 above and further in view of Kajrup (US-3919756-A; examiner’s note: claim 14 remains rejected over Gachot in view of Eklof as described above; an alternative element in claim 14 is not taught by Gachot; this element from claim 14 is addressed now by Kajrup for the purpose of rejecting claim 16).
Regarding claim 14, Gachot teaches wherein the holding means (operating rod 19, fig. 4) includes:
an arm (operating rod 19, fig. 4) with a radial bore (notches 11, fig. 3) in which an indexer (end 21, fig. 3) is mounted, and where the indexer is configured to be slidable radially (“screwdriver coupling,” column 3, line 60) out of and/or into the radial bore by means of an indexing actuator (actuating component 35) arranged in the arm (column 4, lines 16-22).
Gachot does not explicitly disclose an expandable mandrel which is configured and arranged to hold the ball when inserted into a through-going aperture and then expanded.
However, in the same field of endeavor of ball valves, Kajrup teaches an expandable mandrel (subassembly 27, fig. 3; heads 29 and 30 cause the fixture member 28 to expand in a vertical direction when screw 31 is tightened, fig. 3) which is configured and arranged to hold the ball (valve element 8, fig. 3; column 2, lines 60-63) when inserted into a through-going aperture (left and right apertures of the valve element 8, fig. 3) and then expanded (“tightening the screw,” column 5, line 13).
Kajrup, fig. 3
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Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to modify the invention of Yokomi to include, an expandable mandrel which is configured and arranged to hold the ball when inserted into a through-going aperture and then expanded, in view of the teachings of Kajrup, by using the fixture 28 of fig. 3 to fix the ball when a bonnet is welded, as taught by Kajrup, to fix the ball 15, as taught by Gachot, in order to fix the valve element so that the bonnet can be sealed to the valve body by welding, for the advantage of accurately joining the bonnet and its cooperating seat portions to maintain close tolerances desired during the manufacturing and assembly of parts (Kajrup, column 2, lines 37-48 and column 6, line 63 to column 7, line 10).
Regarding claim 16, Gachot/Eklof/Kajrup teach wherein the indexer further includes a connecting bore for connecting at least one gas duct with the indexer's radial bore at least when the indexer is in the expanded position (not explicitly disclosed; the “indexer” is recited in the alternative in claim 14; construed as not being required if an “expandable mandrel” is taught, which is taught by Kajrup in fig. 3).
Allowable Subject Matter
Claims 8 and 15 are 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.
Reasons for Allowance
The following is an examiner’s statement of reasons for allowance:
The prior art does not anticipate nor render obvious the combination set forth in the independent claims, and specifically does not show either “wherein the central part of the valve housing is configured and arranged to receive a protective gas through a connection that extends through the arm and/or through a connection end's opening.” (claim 8) or “wherein the welding tool further includes one or more gas ducts configured and arranged for introduction and/or withdrawal of a protective gas into the valve housing's inner space” (claim 15).
The closest prior art is Weckman (EP-1323965-A1) who teaches a “shielding gas pocket” shown as a gap 45 in fig. 1. Although this gap is termed a “shielding gas pocket” there is not actually shielding gas provided to this pocket (located between the housing and the ball) because it is closed off during the welding. In other words, it is not possible to provide gas to “the central part” or “inner space” of the valve housing in the invention taught by Weckman. Rather, Weckman teaches a preference for welding “without using shield gas” (para 0026) and instead creates features (such as a shielding gas pocket), which “makes the use of shielding gas redundant” (para 0028).
Other prior art that was considered includes Easterday (US-5726408-A), who teaches an invention similar to Weckman, albeit for pipes (not ball valves). The space 27 taught by Easterday is similar to Weckman’s shielding gas pocket. Neither reference teaches “receiving a protective gas” or the “introduction and/or withdrawal of a protective gas.” Instead, a gap is used to create space underneath a weld.
Two Lildholdt references were also considered (US-20160222481-A1 and WO-2014202096-A1). Although both these references teach using a protective atmosphere in ball valve welding, neither can be used to teach the limitations of claims 8 and 15.
Hummel (US5711474) was previously used for both these rejections. Modifying Gachot in view of Hummel is not physically possible because attaching Hummel’s tool 60 to the ball valve taught by Gachot would fix the ball valve and prevent the mandrel 43 from rotating, which is a necessary element in forming a weld along the edges of Gachot’s shells.
There is no teaching in the prior art of record that would, reasonably and absent impermissible hindsight, motivate one having ordinary skill in the art to modify the teachings of the prior art to as claimed. Thus, for at least the foregoing reasons, the prior art of record neither anticipates nor renders obvious the present invention as set forth in the independent claims.
Response to Argument
Applicant's arguments filed 6 May 2025 have been fully considered but are moot because the arguments do not apply to the new rejections of Gachot combined with Eklof.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Eklof et al. (US-5890286-A) teach a method for welding ends of casings to a ball valve.
Giacomini et al. (US-6789782-B2) teach a manufactured ball valve.
Timko et al. (US-8186371-B2) teach a method for assembling a ball valve.
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/ERWIN J WUNDERLICH/Examiner, Art Unit 3761 7/17/2025