DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 8/14/2026 has been entered.
This action is in response to the amendment filed 8/14/2026 that was entered with the submission of the request for continued examination. Claims 16, 23, 24, and 29 are currently amended. Claims 1-15 and 19 have been canceled. No claims are newly added. Presently, claims 16-18 and 20-36 are pending.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant’s arguments, see pages 7-11 of the response filed 8/14/2026, with respect to the rejection(s) of claim(s) 16-18, 20-24, 27, 29-32, 34 and 36 under 35 U.S.C. 102(a)(1) as being anticipated by Sandling (US 4410003) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of the newly applied reference to Luce (US 5839399).
It is considered that the Luce reference addresses applicant’s concerns and claim language relating to a valve assembly (1) including
a spring component (Belleville spring washer 28) which loads the valve body along the actuating axis in the tapering direction (see at least col. 3, lines 14-17), where the spring component (28) is arranged between the housing lid (24) and the valve body (6; see figure 3),
wherein between the valve body and the main housing body there is arranged a guide shell (2) which surrounds the valve body see figure 3 and figure 8), where the valve body is loaded through the pre-tensioning means along a first pre-tensioning force path (it is considered that the Belleville washer spring 28 compresses the valve body 6 to the guide shell 2; see at least col. 3, lines 14-17) towards the guide shell, where the guide shell (2) is loaded through the housing lid (24) towards the main housing body along a second pre-tensioning force path (it is considered that the mounting of the valve assembly 1 to the manifold housing 34 provides the second pre-tensioning force to hold the guide shell 2 to the main housing body 34) different from the first pre-tensioning force path, and wherein the guide shell (2) is directly or indirectly in positive-locking engagement with the housing lid (it is considered that bolts secure the guide shell 2 to the housing lid 24; see col. 3, lines 7-11).
Since the new grounds of rejection were necessitated by applicant’s amendment that was submitted with the request for continued examination, the instant Office action is made non-final.
Information Disclosure Statement
The information disclosure statement filed 8/14/2026 is acknowledged and has been considered by the examiner.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 16-18, 23, 24, 29 and 32-36 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Luce (US 5839399).
Regarding claim 16, the Luce reference discloses a valve assembly (1) for influencing operating fluid flows, where the valve assembly comprises:
a valve housing (considered the combination of 34, 31 and 24) with a main housing body (considered the combination of 34 and 31) and a housing lid (24) connected with the main housing body (the valve assembly 1 is mounted to the manifold housing 34; see at least col. 3, lines 65-67), where in the valve housing there is configured a valve body accommodating space (it is considered that the space within the main housing body 34 that receives the valve body 6 and the guide shell 2 constitutes the valve body accommodating space) which is enclosed by the main housing body and the housing lid (see figure 8 wherein the main housing body 34, 31 and the lid 24 encloses the valve body accommodating space),
a fluid line arrangement with at least two fluid lines (considered fluid lines through the passages 35, 36 and passage in communication with chamber 10), which starting from the valve body accommodating space proceed in different spatial regions (see figure 8),
a valve body (6) configured as tapering along an actuating axis (see figure 3 and figure 8 for the valve body 6 being tapered along the actuating axis of the stem 19), which is accommodated rotatably about the actuating axis in the valve body accommodating space between the at least two fluid lines of the fluid line arrangement proceeding in different spatial regions in such a way that through rotation of the valve body about the actuating axis a flow-connection state of the at least two fluid lines of the fluid line arrangement proceeding in different spatial regions with each other is modifiable (see figures 8), the valve body including an actuating section (considered the stem 19 extending through the lid 24), and
a spring component (Belleville spring washer 28) which loads the valve body along the actuating axis in the tapering direction (see at least col. 3, lines 14-17), where the spring component (28) is arranged between the housing lid (24) and the valve body (6; see figure 3),
wherein between the valve body and the main housing body there is arranged a guide shell (2) which surrounds the valve body see figure 3 and figure 8), where the valve body is loaded through the pre-tensioning means along a first pre-tensioning force path (it is considered that the Belleville washer spring 28 compresses the valve body 6 to the guide shell 2; see at least col. 3, lines 14-17) towards the guide shell, where the guide shell (2) is loaded through the housing lid (24) towards the main housing body along a second pre-tensioning force path (it is considered that the mounting of the valve assembly 1 to the manifold housing 34 provides the second pre-tensioning force to hold the guide shell 2 to the main housing body 34) different from the first pre-tensioning force path, and wherein the guide shell (2) is directly or indirectly in positive-locking engagement with the housing lid (it is considered that bolts secure the guide shell 2 to the housing lid 24; see col. 3, lines 7-11).
Regarding “for influencing operating fluid flows in a motorized vehicle”, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of preforming the intended use, then it meets the claim.
In regards to claim 17, the Luce reference discloses wherein the guide shell (2) is supported physically at the housing lid (24) directly (via a face to face interaction as depicted in figure 3).
In the alternative, the Luce reference discloses wherein the guide shell (2) is supported physically at the housing lid (24) indirectly under the interposition of an intermediate component (it is considered the bolts that are received in bolt holes 26-26 and counterpart holes 26’-26’ would constitute an intermediate component to physically support the housing lid 24 at the guide shell 2).
In regards to claim 18, the Luce reference discloses wherein the guide shell (2) is directly in abutting engagement with the housing lid (24) (see figure 3).
In regards to claim 23, the Luce reference discloses wherein the position of the housing lid (24) relative to the main housing body (34) determines the loading of the valve body (6) through the spring component (28) towards the guide shell (2; it is considered that the removal of the housing lid 24 relative to the main housing body 34 would remove the loading of the spring component 28 toward the guide shell 2).
In regards to claim 24, the Luce reference discloses wherein the axial position of the housing lid (24) relative to the main housing body (34) determines the loading of the valve body (6) through the spring component (28) towards the guide shell (2; it is considered that the removal of the housing lid 24 relative to the main housing body 34 would remove the loading of the spring component 28 toward the guide shell 2).
In regards to claim 29, the Luce reference discloses wherein between the spring component (28) and the valve body (6) there is arranged a bearing component (22; see figure 3).
In regards to claim 32, the Luce reference discloses wherein at least one section of the main housing body (34) which encloses the valve body accommodating space is configured in one piece (see figure 8; it is considered that the main housing body 34 encloses the valve body accommodating space in as much as flow passages are permitted to be connected to the valve body accommodating space to permit a fluid flow through the valve body during operation).
In regards to claim 33, the Luce reference discloses wherein a section of the main housing body (34, 31) which encloses the valve body accommodating space is configured in at least two parts (part 34 and part 31) (see figure 8; it is considered that the main housing body 34, 31 encloses the valve body accommodating space in as much as flow passages are permitted to be connected to the valve body accommodating space to permit a fluid flow through the valve body during operation).
In regards to claim 34, the Luce reference discloses wherein the main housing body (34, 31) is formed from a section of a duct component (it is considered that the conduits 36, 35 and the passage in communication with chamber 10 constitute duct components) in which fluid lines of the fluid line arrangement are configured (see figure 8).
In regards to claim 35, the Luce reference discloses wherein the main housing body (34, 31) which encloses the valve body accommodating space exhibits an upper shell (34) and a lower shell (31) connected with the upper shell, where the housing lid (24) is part of the upper shell (see figure 8).
In regards to claim 36, the Luce reference discloses wherein the first pre-tensioning force path is greater than the second pre-tensioning force path (it is considered the that first pre-tensioning force path extends through more components (including from 28, through 22, into the valve body 6 and into the guide shell 2) than the second pre-tensioning force path (including from the housing lid 24 to the guide shell 2) and, therefore, it is considered that the first pre-tensioning force path is greater than the second pre-tensioning force path).
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) 20-22, 30 and 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Luce (US 5839399) in view of Sandling (US 4410003).
In regards to claim 20, the Luce reference does not disclose wherein on the side of the guide shell facing away from the valve body there is arranged additionally a shell gasket in order to seal the regions formed by the guide shell of the at least two fluid lines of the fluid line arrangement proceeding in different spatial regions against the main housing body, where the shell gasket is pressure-loaded under force mediation of the guide shell.
However, the Sandling reference teaches a valve assembly having a valve housing having a main housing body (10) and a housing lid (32, 64) connected with the main housing body (via the fasteners 26, 28),
a valve body (18) configured as tapering along an actuating axis (see figure 1 for the valve body 18 being tapered along the actuating axis of the stem 20; further, the valve body 18 is described as being a frusto-conical plug, see col. 3, line 46), which is accommodated rotatably about the actuating axis in the valve body accommodating space between the at least two fluid lines (considered fluid lines through the extension pieces 12 and 14) of the fluid line arrangement;
a guide shell (38) which surrounds the valve body (see figure 1, figure 6 and figure 7); and
a shell gasket (80) that is on the side of the guide shell (38) facing away from the valve body (18) in order to seal the regions formed by the guide shell of the at least two fluid lines of the fluid line arrangement (see figure 1 and figure 3) proceeding in different spatial regions against the main housing body (10), where the shell gasket is pressure-loaded under force mediation of the guide shell (see at least col. 4, lines 57-68).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to provide a shell gasket on the side of the guide shell facing away from the valve body of the Luce reference as taught by the Sandling reference in order to provide additional sealing between the guide shell and the main housing body (Sandling: see at least col. 2, lines 54-59).
In regards to claim 21, the Luce reference does not disclose wherein the position of the housing lid relative to the main housing body determines the pressure loading of a shell gasket through the guide shell.
However, the Sandling reference teaches a valve assembly having a valve housing having a main housing body (10) and a housing lid (32, 64) connected with the main housing body (via the fasteners 26, 28),
a valve body (18) configured as tapering along an actuating axis (see figure 1 for the valve body 18 being tapered along the actuating axis of the stem 20; further, the valve body 18 is described as being a frusto-conical plug, see col. 3, line 46), which is accommodated rotatably about the actuating axis in the valve body accommodating space between the at least two fluid lines (considered fluid lines through the extension pieces 12 and 14) of the fluid line arrangement;
a guide shell (38) which surrounds the valve body (see figure 1, figure 6 and figure 7); and
a shell gasket (80) that is on the side of the guide shell (38) facing away from the valve body (18) wherein the movement of the housing lid (32, 64) relative to the main body determines the pressure loading of the shell gasket through the guide shell.
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to provide a shell gasket on the side of the guide shell of the Luce reference as taught by the Sandling reference such that the position of the housing lid relative to the main housing body determines the pressure loading of a shell gasket through the guide shell in order to provide additional sealing between the guide shell and the main housing body (Sandling: see at least col. 2, lines 54-59 and col. 4, lines 57-68).
In regards to claim 22, the Luce reference does not disclose wherein the axial position of the housing lid relative to the main housing body determines the pressure loading of a shell gasket through the guide shell.
However, the Sandling reference teaches a valve assembly having a valve housing having a main housing body (10) and a housing lid (32, 64) connected with the main housing body (via the fasteners 26, 28),
a valve body (18) configured as tapering along an actuating axis (see figure 1 for the valve body 18 being tapered along the actuating axis of the stem 20; further, the valve body 18 is described as being a frusto-conical plug, see col. 3, line 46), which is accommodated rotatably about the actuating axis in the valve body accommodating space between the at least two fluid lines (considered fluid lines through the extension pieces 12 and 14) of the fluid line arrangement;
a guide shell (38) which surrounds the valve body (see figure 1, figure 6 and figure 7); and
a shell gasket (80) that is on the side of the guide shell (38) facing away from the valve body (18) wherein the axial movement of the housing lid (32, 64) relative to the main body determines the pressure loading of the shell gasket through the guide shell.
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to provide a shell gasket on the side of the guide shell of the Luce reference as taught by the Sandling reference such that the axial position of the housing lid relative to the main housing body determines the pressure loading of a shell gasket through the guide shell in order to provide additional sealing between the guide shell and the main housing body (Sandling: see at least col. 2, lines 54-59 and col. 4, lines 57-68).
In regards to claim 30, the Luce reference does not disclose wherein the bearing component (22) is formed at least section-wise or completely from an elastomer.
However, the Sandling reference teaches a valve assembly having a valve housing having a main housing body (10) and a housing lid (32, 64) connected with the main housing body (via the fasteners 26, 28),
a valve body (18) configured as tapering along an actuating axis (see figure 1 for the valve body 18 being tapered along the actuating axis of the stem 20; further, the valve body 18 is described as being a frusto-conical plug, see col. 3, line 46), which is accommodated rotatably about the actuating axis in the valve body accommodating space between the at least two fluid lines (considered fluid lines through the extension pieces 12 and 14) of the fluid line arrangement;
a guide shell (38) which surrounds the valve body (see figure 1, figure 6 and figure 7); and
a bearing component (it is considered that the plastics diaphragm 58 constitutes a bearing component) that is formed at least section-wise or completely from an elastomer (the plastics diaphragm 58 is made of a fluorocarbon material; see col. 4, lines 13-16).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to provide the bearing component of the Luce reference as from an elastomer as taught by the Sandling reference in order to provide the bearing component of the Luce reference with desired properties of an elastomer such as chemical resistance and durability.
In regards to claim 31, the Luce reference does not disclose wherein between the valve body and the guide shell there is arranged an abutment component immovably relative to the guide shell.
However, the Sandling reference teaches a valve assembly having a valve housing having a main housing body (10) and a housing lid (32, 64) connected with the main housing body (via the fasteners 26, 28),
a valve body (18) configured as tapering along an actuating axis (see figure 1 for the valve body 18 being tapered along the actuating axis of the stem 20; further, the valve body 18 is described as being a frusto-conical plug, see col. 3, line 46), which is accommodated rotatably about the actuating axis in the valve body accommodating space between the at least two fluid lines (considered fluid lines through the extension pieces 12 and 14) of the fluid line arrangement;
a guide shell (38) which surrounds the valve body (see figure 1, figure 6 and figure 7); and
wherein between the valve body (10) and the guide shell (38) there is arranged an abutment component (82) immovably relative to the guide shell (it is considered that the abutment component of 82 are received within grooves of the guide shell 38).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to provide an abutment component on the inner surface of the guide shell of the Luce as taught by the Sandling reference in order to provide additional sealing between the guide shell and the valve body (Sandling: see at least col. 2, lines 50-54).
Claim(s) 25 and 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Luce (US 5839399) in view of Sandling (US 4365646).
In regards to claim 25 and 26, the Luce reference discloses wherein the housing lid (24) is connected to the main housing body (the valve assembly 1 is mounted to the manifold housing 34; see at least col. 3, lines 65-67).
The Luce reference does not expressly disclose wherein the housing lid is firmly bonded or welded to the main housing body.
However, the Sandling reference teaches a valve housing with a main housing body (14) and a housing lid (it is considered that the combination of 61, 82, 98, 111 and 75 constitutes a housing lid to close the main housing body) connected with the main housing body (via welding; see at least col. 6, lines 59-61), where in the valve housing there is configured a valve body accommodating space (considered the space defined by the sidewall 17 of the main hosing body 14);
wherein the housing lid is firmly bonded by welding to the main housing body (see col. 6, lines 59-61).
The substitution of one known element (connecting the housing lid to the main housing body via bonding / welding as shown in Sandling) for another (the connection between the housing lid and the main housing body as shown in Luce) would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art since the substitution of the connection of the housing lid and the main housing body of the Luce reference as a weld / bond as shown in Sandling would have yielded predictable results, namely, a firm connection between the housing lid and the main housing body that would reduce the potential for inadvertent separation of the housing lid from the main housing body.
Claim(s) 27 and 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Luce (US 5839399) in view of Passerell et al. (US 5149054).
In regards to claims 27 and 28, the Sandling reference discloses wherein the housing lid (24) is connected to the main housing body (the valve assembly 1 is mounted to the manifold housing 34; see at least col. 3, lines 65-67).
The Luce reference does not expressly disclose wherein the housing lid is joined with the main housing body with a catch or snap-fit or by positive locking.
However, the Passerell et al. reference teaches a valve assembly having a valve housing with a main housing body (12) and a housing lid (144) connected with the main housing body (via a snap-fit connection 146, 148; see at least col. 6, lines 11-23), where in the valve housing there is configured a valve body accommodating space (see figure 4);
wherein the housing lid is joined with the main housing body with a catch or snap-fit (or positive locking) (see at least col. 6, lines 11-23) in order to prevent removal of the valve body (60) once it is inserted into the accommodating space (see at least col. 6, lines 11-23).
The substitution of one known element (connecting the housing lid to the main housing body via a snap-fit connection / positive locking as shown in Passerell et al.) for another (the connection between the housing lid and the main housing body as shown in Luce) would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art since the substitution of the connection of the housing lid and the main housing body of the Luce reference as a snap-fit connection as shown in Passerell et al. would have yielded predictable results, namely, a firm connection between the housing lid and the main housing body that would prevent the removal of the valve body from the valve accommodating space.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Andrew J. Rost whose telephone number is (571) 272-2711. The examiner can normally be reached on Monday-Friday from 8:00 am to 4:30 pm EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Craig Schneider can be reached at 571-272-3607 or Kenneth Rinehart can be reached at 571-272-4881. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW J ROST/Examiner, Art Unit 3753
/MICHAEL R REID/Primary Examiner, Art Unit 3753
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