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 .
Election/Restrictions
Applicant’s election without traverse of Group II, claims 21-34 in the reply filed on 9/9/25 is acknowledged.
Claims 9-14 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 9/9/25.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 21-25, 27-28, and 30-34 is/are rejected under 35 U.S.C. 102(a)(1) and/or 102(a)(2) as being anticipated by Wright US 3,580,542.
Regarding claim 21, Wright discloses a gate valve, comprising:
a housing 17 defining a cavity (inside 17 where 16 resides); and
a cavity filler 16, configured within the cavity, comprising:
a top surface (bottom of 16, direction is a matter of perspective so is seen as the top surface) comprising a plurality of first fluid pathways (25, 26) extending through the top surface,
a bottom surface 33, and
an outer surface (outer surface of 16 including 19 and 20), between the top surface and the bottom surface, comprising a single second fluid pathway extending through the outer surface (21 or 22).
Regarding claim 22, each of the top surface and the bottom surface is flat (see Figs. 1-3).
Regarding claim 23, the outer surface comprises a first portion and a second portion, wherein the first portion is curved (outer parts of 19, 20, and rest of 16) and the second portion is flat (inner flat parts of 19 and 20 that are flat).
Regarding claim 24, the single second fluid pathway is configured to enable fluid to pass between the first portion and the second portion (see Figs. 1-2, 21 and 22 connect the first and second portions).
Regarding claim 25, a length of the outer surface is greater than each of a length of the top surface and a length of the bottom surface (best seen in Figs. 1-2 as the length measured from the top surface to the bottom surface is much greater than the length (width) of the top surface or the bottom surface).
Regarding claim 27, the cavity filler comprises a single unitary body (see Figs. 1-3).
Regarding claim 28, a gate valve, comprising:
a housing 17 defining a cavity (inside 17 where 16 resides); and
a cavity filler 16, configured within the cavity, comprising:
a top surface (bottom of 16, direction is a matter of perspective so is seen as the top surface) comprising one or more channels (25, 26) extending through the top surface,
a bottom surface 33, and
an outer surface (outer surface of 16 including 19 and 20), between the top surface and the bottom surface, comprising one or more fluid pathways (21, 22, or may be seen as a single pathway as fluid flows in a single path from 25 to 26) extending through the outer surface,
wherein a diameter of each of the one or more channels is greater than a diameter of each of the one or more fluid pathways (see Figs. 1-2, as each of 25 and 26 have a significantly greater diameter than each of 21 or 22).
Regarding claim 30, the one or more fluid pathways are configured to enable a fluid volume or a fluid pressure to be equalized between a first portion and a second portion of the outer surface (21 and 22 would equalize pressure between the outer curved surfaces (first portion) of 19 and 20 and the inner flat surfaces (second portion) of 19 and 20).
Regarding claim 31, a quantity of the one or more channels is different from a quantity of the one or more fluid pathways (there are 2 channels 25 and 26 and a single pathway for the fluid flowing from 25 to 26).
Regarding claim 32, the cavity filler comprises a single unitary body (see Figs. 1-3).
Regarding claim 33, the cavity filler restricts a movement of a gate moveable within the cavity (see Figs. 1-4).
Regarding claim 34, the cavity filler maintains an alignment of the gate with a fluid conduit of the gate valve as the gate moves between an open position and a closed position (see Figs. 1-4).
Claim(s) 21, 25-26, 28-29, and 32-34 is/are rejected under 35 U.S.C. 102(a)(1) and/or 102(a)(2) as being anticipated by Morrison US 4,067,542.
Regarding claim 21, Morrison discloses a gate valve, comprising:
a housing 12 defining a cavity 14; and
a cavity filler 24 and 26, configured within the cavity, comprising:
a top surface (top of 24 and 26) comprising a plurality of first fluid pathways (66 in top of 24 and 26) extending through the top surface,
a bottom surface (bottom of 24 and 26), and
an outer surface (46A, 48A, 46 and 48), between the top surface and the bottom surface, comprising a single second fluid pathway 67 extending through the outer surface.
Regarding claim 25, a length of the outer surface is greater than each of a length of the top surface and a length of the bottom surface (see Fig. 1).
Regarding claim 26, one or more chamfers at an intersection between the top surface or the bottom surface and the outer surface (see Figs. 2-4, at the corner of 48A and 58A and the corner of 48 and 58).
Regarding claim 28, a gate valve, comprising:
a housing 12 defining a cavity 14; and
a cavity filler 24 and/or 26, configured within the cavity, comprising:
a top surface (top of 24 and/or 26) comprising one or more channels 66 extending through the top surface,
a bottom surface (bottom of 24 and/or 26), and
an outer surface (46A, 48A, 46 and 48), between the top surface and the bottom surface, comprising one or more fluid pathways 67 extending through the outer surface,
wherein a diameter of each of the one or more channels is greater than a diameter of each of the one or more fluid pathways (see Figs. 2-4, 66 has a greater diameter than 67).
Regarding claim 29, the cavity filler further comprises one or more edges between the top surface or the bottom surface and the outer surface, wherein the one or more edges are beveled (see Figs. 2-4, at the corner of 48A and 58A and the corner of 48 and 58).
Regarding claim 32, the cavity filler comprises a single unitary body (see Figs. 1-4, 24 or 26 is seen as a single unitary body).
Regarding claim 33, the cavity filler restricts a movement of a gate moveable within the cavity (see Figs. 1-4).
Regarding claim 34, the cavity filler maintains an alignment of the gate with a fluid conduit of the gate valve as the gate moves between an open position and a closed position (see Figs. 1-4).
Claim(s) 21-22, 25, 27-28, and 30-34 is/are rejected under 35 U.S.C. 102(a)(1) and/or 102(a)(2) as being anticipated by Volpin US 2,660,397.
Regarding claim 21, Volpin discloses a gate valve, comprising:
a housing 2 defining a cavity (inside 2); and
a cavity filler 7 and/or 8, configured within the cavity, comprising:
a top surface (see Figs. 1 and 5, at top of 7 and 8 or the right side of 7 towards the gate) comprising a plurality of first fluid pathways (72 at both 7 and 8 at the top of 7 and 8 or 80 and 85 on the right side of 7) extending through the top surface,
a bottom surface (bottom of 7 and 8 or left side of 7 away from the gate), and
an outer surface (left and right sides of 7 and 8 or curved surface where 72 is), between the top surface and the bottom surface, comprising a single second fluid pathway (80 or 72) extending through the outer surface.
Regarding claim 22, each of the top surface and the bottom surface is flat (see Figs. 1-2 and 5, left and right sides of 7 and 8 are flat).
Regarding claim 25, a length of the outer surface is greater than each of a length of the top surface and a length of the bottom surface (best seen in Fig. 1 as the length measured from the top surface to the bottom surface is much greater than the length (width) of the top surface or the bottom surface).
Regarding claim 27, the cavity filler comprises a single unitary body (when just 7).
Regarding claim 28, a gate valve, comprising:
a housing 2 defining a cavity (inside 2); and
a cavity filler 7 and/or 8, configured within the cavity, comprising:
a top surface (see Figs. 1 and 5, at top of 7 and/or 8) comprising one or more channels (72 at both 7 and 8 at the top of 7 and/or 8) extending through the top surface,
a bottom surface (bottom of 7 and/or 8), and
an outer surface (left and right sides of 7 and/or 8), between the top surface and the bottom surface, comprising one or more fluid pathways (80, 85) extending through the outer surface,
wherein a diameter of each of the one or more channels is greater than a diameter of each of the one or more fluid pathways (see Fig. 5, 72 has a greater diameter than 80 or 85).
Regarding claim 30, the one or more fluid pathways are configured to enable a fluid volume or a fluid pressure to be equalized between a first portion and a second portion of the outer surface (first and second portions are seen as the inner and outer portions in which the fluid pressure is seen to be equalized).
Regarding claim 31, a quantity of the one or more channels is different from a quantity of the one or more fluid pathways (there is one channel 72 and two pathways 80 and 85).
Regarding claim 32, the cavity filler comprises a single unitary body (when just 7).
Regarding claim 33, the cavity filler restricts a movement of a gate moveable within the cavity (see Figs. 1-2 and 5).
Regarding claim 34, the cavity filler maintains an alignment of the gate with a fluid conduit of the gate valve as the gate moves between an open position and a closed position (see Figs. 1-2 and 5).
Response to Arguments
Applicant’s arguments with respect to claim(s) 21-34 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Al-Jarallah discloses a quantity of the one or more channels is different from a quantity of the one or more fluid pathways. Oliver, Fowler, Herd, Estes, Jackson, Stroud, and Houlgrave disclose cavity fillers with channels and pathways.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 JOHN BASTIANELLI whose telephone number is (571)272-4921. The examiner can normally be reached Monday-Thursday.
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 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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/John Bastianelli/
Primary Examiner, Art Unit 3753
571-272-4921
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