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 .
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.
Response to Amendment
The Amendment filed on 13 Feb 2026 has been entered. Claims 1-3, 5-6, 8-13, 17-20 and 23-26 remain pending in the application.
Response to Arguments
Applicant’s arguments filed 13 Feb 2026, with respect to the rejection(s) of claim(s) 1 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 Therefore, the rejection has been withdrawn.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 Fike (US 3,359,998) in view of Arcari (US 4765364) in further view of Gleeson et al (US 20210370114).
Claim Objections
Claims 1, 8, 14, 17, 21, 23 and 25 objected to because of the following informalities:
In Claim 1, line 10 “the volume” should likely read “a volume”.
In Claim 8, line 3 “piston support” should likely read “the piston support”.
In Claim 17, line 12 “the volume” should likely read “a volume”.
In Claim 23, line 6 “fluid” should likely read “the fluid”.
In Claim 25, line 2 “the second body section” should likely read “the second valve body section”.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-3, 5-6, 8-13, 17-20 and 23-26 is/are rejected under 35 U.S.C. 103 as being unpatentable as obvious over Fike (US 3,359,998) in view of Arcari (US 4765364) in further view of Gleeson et al (US 20210370114).
Regarding Claim 1, Fike discloses a valve cartridge (Figure 2). The cartridge comprising:
a body (8) provided with a valve seat (18),
a piston support (56 generally); and
a piston (64 generally) configured to slidably move along the piston support such that the piston is movable between a first position (Figure 2) and a second position (Figure 4), the piston being spaced from the valve seat at the first position (Figure 2) and the piston seating on the valve seat at the second position (Figure 4);
wherein the piston (64 generally) and the piston support (56 generally) are sealed together in the first position (via 60 in Figure 2) and the second position form a confined space (54 and 74);
wherein the volume of the confined space (54 and 74) is at a maximum when the piston is at the first position (Figure 2) and is at a minimum when the piston is at the second position (Figure 4);
and wherein the piston (64 generally) is under bias such that the piston is biased away from the valve seat to the first position (via at least spring 76) and, in use, the piston is able to seat on the valve seat in the second position (Figure 4) when subjected to sufficient pressure to counter the bias (Col 4, lines 31-42),
but fails to expressly disclose a sealed, confined space, with the sealed, confined space configured to include a fixed quantity of a compressible fluid.
Arcari teaches a valve (Figures 6 and 7) with a sealed, confined space (within 11; Col 6, lines 53-61), with the sealed, confined space configured to include a fixed quantity of a compressible fluid (shown as air in the drawings of Figure 6 and 7; with air being inherently compressible).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the damping chamber of Fike with the damping chamber as taught by Arcari for the advantage of protecting the valve head and spring from contact with the working fluid, as taught by Arcari (Col 1, lines 37-45).
Additionally, if the Applicant successfully argues that Arcari fails to teach the fluid being air, Gleeseon et al teach a valve (Figure 8) with a confined space (within 622 where spring 620 sits), with the confined space configured to include a quantity of a compressible fluid (air is taught in ¶ 57, with air being inherently compressible).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the application to modify the damping chamber of Arcari to be filled with air since selection of a known material on the basis of its suitability for an intended use involves only routine skill in the art. The motivation for doing so would be to provide a commonly used material that is inexpensive.
Regarding Claim 2, Fike discloses where the body (8) is provided with the piston support (56 generally via 30).
Regarding Claim 3, Fike discloses a piston retainer (68) to retain the piston (64 generally) with the piston support (56 generally via 30).
Regarding Claim 5, Fike discloses a valve seat retainer (2 generally) is provided to retain the valve seat (18) in position on the body (8; Figure 2).
Regarding Claim 6, Fike discloses where the piston (64 generally) has a first end (82) and a second end (70) with an opening at the first end (Figure 4) is supported by the piston support (at 56) such that at least a portion of the piston support (56 generally) is received in an internal space of the piston (Figure 4).
Regarding Claim 8, Fike discloses where the piston (64 generally) is biased away from the valve seat (18) by compressed air in the confined space formed by the piston and piston support (Figure 4; by compressing the space and therefore the air within).
Regarding Claim 9, Fike discloses where the piston (64 generally) is biased away from the valve seat by a spring (76 in Figure 2).
Regarding Claim 10, Fike fails to expressly disclose where the spring is positioned in the confined space formed by the piston and the piston support.
Gleeson et al teach where a spring (620) is positioned in the confined space (within 622) formed by the piston (610) and piston support (639; Figure 8).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have positioned the spring in the confined space, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. Doing so would protect the spring from the conditions of the fluid.
Regarding Claim 11, Fike discloses where the piston (64 generally) is provided with a first internal space (74) and wherein the first internal space forms at least part of the confined space (74 and 54).
Regarding Claim 12, Fike discloses where the piston support (56 generally) is provided with a piston support internal space (54) and wherein the second internal space forms at least part of the confined space (54 and 74).
Regarding Claim 13, Fike discloses at least one seal (41) is provided at an outer surface of the body (8 generally).
Regarding Claim 17, Fike discloses a valve cartridge kit (Figure 2). The kit comprising;
a body (8) provided with a valve seat (18),
a piston support (56 generally); and
a piston (64 generally) configured to be supported by the piston support (Figure 2 at 56 generally), the piston (64 generally) having a first end (82) and a second end (70); whereby, the piston is movable between a first position (Figure 2) and a second position (Figure 4), the first end of the piston being spaced from the valve seat at the first position (Figure 2) and the first end of the piston seating on the valve seat at the second position (Figure 4);
wherein the piston (64 generally) and the piston support (56 generally) are sealed together in the first position and the second position to form a confined space (via 60 to form space 54 and 74);
wherein the volume of the confined space is at a maximum when the piston is at the first position (Figure 2) and is at a minimum when the piston is at the second position (Figure 4);
and wherein, in use, the piston is under bias such that the first end of the piston is biased away from the valve seat to the first position (via 76) and, in use, the first end of the piston is able to seat on the valve seat in the second position (Figure 4) when a fluid pressure acting on the second end of the piston is subjected to sufficient pressure to counter the bias (Col 4, lines 31-42),
but fails to expressly disclose a sealed, confined space, with the sealed, confined space configured to include a fixed quantity of a compressible fluid.
Arcari teaches a valve (Figures 6 and 7) with a sealed, confined space (within 11; Col 6, lines 53-61), with the sealed, confined space configured to include a fixed quantity of a compressible fluid (shown as air in the drawings of Figure 6 and 7; with air being inherently compressible).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the damping chamber of Fike with the damping chamber as taught by Arcari for the advantage of protecting the valve head and spring from contact with the working fluid, as taught by Arcari (Col 1, lines 37-45).
Additionally, if the Applicant successfully argues that Arcari fails to teach the fluid being air, Gleeseon et al teach a valve (Figure 8) with a confined space (within 622 where spring 620 sits), with the confined space configured to include a quantity of a compressible fluid (air is taught in ¶ 57, with air being inherently compressible).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the application to modify the damping chamber of Arcari to be filled with air since selection of a known material on the basis of its suitability for an intended use involves only routine skill in the art. The motivation for doing so would be to provide a commonly used material that is inexpensive.
Regarding Claim 18, Fike discloses where a spring (78), in use, to bias the piston away from the valve seat (Figure 2).
Regarding Claim 19, Fike discloses a piston stop (184).
Regarding Claim 20, Fike discloses at least one seal (41) is provided at an outer surface of the body (8 generally).
Regarding Claim 23, Fike discloses a valve (Figure 2). The valve comprising
a valve body (2 and 8) having an inlet (via 90) and an outlet (out 6), the valve body comprising a first valve body section (8) and a second valve body section (2), a valve cartridge kit, according to claim 17 (as discussed above), installed in the valve body to form a valve cartridge (Figure 2), the first and second body sections being detachably connected together with the valve cartridge kit retained in the valve body (Figure 2), wherein, in use, fluid is able to flow from the inlet through the valve cartridge to the outlet when the piston is in the first position (Figure 2) and fluid is not able to flow from the inlet through the valve cartridge to the outlet when the piston is in the second position (Figure 4).
Regarding Claim 24, Fike discloses a method of assembling a valve comprising providing a valve body (2 and 8) having an inlet (via 90) and an outlet (out 6), the valve body comprising a first valve body section (8) and a second valve body section (2);
installing the components of a valve cartridge kit according to claim 17 (as discussed above), which comprises inserting the piston into the second valve body section (64 generally), inserting the body of the valve cartridge kit into the second valve body section (Figure 2) such that at least a portion of the piston support (56 generally) is received in the internal space of the piston, and attaching together the first and second valve body sections (via 12).
Regarding Claim 25, Fike fails to expressly disclose inserting a spring into the internal space in the piston prior to inserting the body into the second body section.
Gleeson et al teach inserting a spring (620) into the internal space (within 622) formed by the piston (610) prior to inserting the body into the second body section (Figure 8).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have positioned the spring in the confined space, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. Doing so would protect the spring from the conditions of the fluid.
Regarding Claim 26, Fike discloses inserting a piston stop (78) into the second valve body section prior to inserting the piston into the second valve body section (Figure 2).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICOLE GARDNER whose telephone number is (571)270-0144. The examiner can normally be reached Monday - Friday 8AM-4PM EST.
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/NICOLE GARDNER/
Examiner, Art Unit 3753
Prosecution Insights