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.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 25 Feb 2026 has been entered.
Response to Arguments
Applicant's arguments filed 25 Feb 2026 have been fully considered but they are not persuasive.
Applicant argues that Knapp fails to disclose “a restrictor section forming a flow restriction within the flow chamber by extending from an inner surface of the flow chamber and having a reduced cross-sectional area smaller than the cross-sectional area of the cavity section, the restrictor section positioned along a fluid flow path between the inlet and the outlet and configured to restrict fluid flow through the flow chamber across a range of positions of a moveable element” as required by Claim 1. However, Knapp discloses a restrictor section (23) forming a flow restriction within the flow chamber (Figure 7) extending from an inner surface of the flow chamber (via 3 which is attached to the interior surface of the flow chamber within 1) and having a reduced cross-sectional area smaller than the cross-sectional area of the cavity section (Figure 7 where the restrictor sits within the cavity section), the restrictor section (23) positioned along a fluid flow path between the inlet and the outlet (from 5 to 6) and configured to restrict fluid flow through the flow chamber across a range of positions of a moveable element (as the moveable element 8 moves from the position of Figure 8 to Figure 7). Therefore, this argument is unpersuasive.
Applicant further argues that the structure of Knapp is not the same as having a restrictor section that is restricting flow regardless of piston position. It is noted that the features upon which applicant relies (i.e., a restrictor section that is restricting flow regardless of piston position) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Therefore, this argument is unpersuasive.
Next, Applicant argues that Rikuta fails to disclose “a variable flow resistor device configured to adjust resistance to a pressure differential, the variable flow resistor device in fluid communication with the fluid source” as required by Claim 12. However, Rikuta discloses a variable flow resistor device (1’ generally in Figure 1) configured to adjust resistance to a pressure differential (by adjusting the position of the moveable element as discussed in Col 1, lines 6-17), the variable flow resistor device in fluid communication with the fluid source (from 4 in Figure 1). Therefore, this argument is unpersuasive.
Applicant argues that Rikuta fails to disclose “a restrictor section forming a flow restriction within the flow chamber by extending from an inner surface of the flow chamber and having a reduced cross-sectional area smaller than the cross-sectional area of the cavity section, the restrictor section positioned along a fluid flow path between the inlet and the outlet and configured to restrict fluid flow through the flow chamber across a range of positions of a moveable element” as required by Claim 12. However, Rikuta discloses a restrictor section (where 28 sits) forming a flow restriction within the flow chamber by extending from an inner surface of the flow chamber (Figure 1) and having a reduced cross-sectional area smaller than the cross- sectional area of the cavity section (Figure 1), the restrictor section (where 28 sits) positioned along a fluid flow path between the inlet and the outlet (from 4-5) and configured to restrict fluid flow through the flow chamber across a range of positions of a moveable element (as the moveable element 27 moves within 30). Therefore, this argument is unpersuasive.
Applicant further argues that a variable flow resistor device must inherently require an adjustable resistance for passive flow restriction. In additional to the argument that a variable flow resistor device must inherently require an adjustable resistance for passive flow restriction being unpersuasive, it is noted that the features upon which applicant relies (i.e., an adjustable resistance for passive flow restriction) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Therefore, this argument is unpersuasive. Applicant argues that Claim 12 does recite the feature of an adjustable resistance for passive flow regulator within the claims, but this argument is also unpersuasive.
Claim Rejections - 35 USC § 102
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) 1-11 and 19-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Knapp (US 7,681,598).
Regarding Claim 1, Knapp discloses variable flow resistor device (Figure 7), the device comprising:
a flow chamber (within 1 generally) defined by a flow chamber wall (of 1) and having:
an inlet (from 5) configured for a fluid to flow through (Figure 7), into the flow chamber (within 7), and expose a first portion of the flow chamber to an inlet
pressure (Figure 7; Col 6, line 66 – Col 7, line 10),
an outlet (6) configured for the fluid to flow through, out of the flow chamber, and expose a second portion of the flow chamber to an outlet pressure (Figure 7),
a cavity section (12 generally) having a cross-sectional area (Figure 7); and
a restrictor section (23) forming a flow restriction within the flow chamber (Figure 7) extending from an inner surface of the flow chamber (via 3 which is attached to the interior surface of the flow chamber within 1) and having a reduced cross-sectional area smaller than the cross-sectional area of the cavity section (Figure 7 where the restrictor sits within the cavity section), the restrictor section (23) positioned along a fluid flow path between the inlet and the outlet (from 5 to 6) and configured to restrict fluid flow through the flow chamber across a range of positions of a moveable element (as the moveable element 8 moves from the position of Figure 8 to Figure 7),
the moveable element (8) having a proximal most end (the top as seen in Figure 7) and a distalmost end (the bottom as seen in Figure 7), a length extending between the proximal most end and the distalmost end (Figure 7), and a cross-sectional area (Figure 7), the cross-sectional area of the moveable element remaining constant along an entirety of the length of the moveable element (Figure 7), the moveable element configured to:
traverse the range of positions within the flow chamber in the presence of the inlet pressure and the outlet pressure acting on the moveable element (Figures 7 and 8),
in at least one position within the range of positions, occupy an overlap position producing an additional reduced flow channel between the restrictor section and the moveable element (Figure 7; when in the terminal position of Figure 7), the reduced flow channel configured to provide a substantially consistent output flow rate in the presence of a differential within a pressure differential operating range (Col 6, line 66 – Col 7, line 10); and
a stop (the portion of 3 on which 16 rests in Figure 7 or alternatively 17) configured to define a stopped position and prohibit the moveable element in the stopped position from terminating an output flow (via 10).
Regarding Claim 2, Knapp discloses where the stop (the portion of 3 on which 16 rests in Figure 7) defines a position closest to the input and prevents the moveable element from blocking fluid flow into the flow chamber (Figure 7 via 10).
Regarding Claim 3, Knapp discloses where the stop (17) defines a position closest to the output and prevents the moveable element from blocking fluid flow out of the flow chamber (Figure 8).
Regarding Claim 4, Knapp discloses where the stop defines at least one of a minimum overlap position or a maximum overlap position (the stop where the portion of 3 on which 16 rests in Figure 7 defines a maximum overlap position as shown in Figure 7).
Regarding Claim 5, Knapp discloses where the stop is adjustable and configured to move the stopped position (as 3 is threaded into and out of body 1).
Regarding Claim 6, Knapp discloses a biasing mechanism (17) within the flow chamber mechanically interfaced with the moveable element (Figures 7-8), the biasing mechanism configured to restrain movement of the moveable element and allow the moveable element to traverse within the range of positions in the presence of a sufficient pressure differential (Figures 7-8).
Regarding Claim 7, Knapp discloses where the biasing mechanism (17) is coupled to at least one end of the moveable element (at 11) and at least one end of the chamber (at 14).
Regarding Claim 8, Knapp discloses where the biasing mechanism (17) includes at least one of a spring, an elastomer liner, an accordion, an elongating element, or a combination thereof (a spring is disclosed in Figures 7-8).
Regarding Claim 9, Knapp discloses where the restrictor section (23) includes at least one of an inwardly extending section of a sidewall of the flow chamber, or a structure connected to the sidewall of the flow chamber (Figure 7 shows at least a structure connected to the sidewall of the flow chamber).
Regarding Claim 10, Knapp disclose where the moveable element is a piston (8).
Regarding Claim 11, Knapp discloses where a minimum length and a maximum length of the reduced flow channel is defined by a minimum overlap and a maximum overlap between the moveable element and the restrictor section (Figures 8 and 7 respectively).
Regarding Claim 19, Knapp discloses a method for delivering a constant fluid flow (Figure 7), the method comprising:
Providing a variable flow resistor having (Figure 7):
a flow chamber (within 7 generally) in fluid communication with the fluid source and a point of delivery (from 5 to 6), the flow chamber comprising:
an inlet (from 5) configured for a fluid to flow through (Figure 7), into the flow chamber (within 7), and expose a first portion of the flow chamber to an inlet pressure (Figure 7; Col 6, line 66 – Col 7, line 10),
an outlet (6) configured for the fluid to flow through, out of the flow chamber to the point of delivery (via 6), and expose a second portion of the flow chamber to an outlet pressure (Figure 7),
a cavity section (12 generally) having a cross-sectional area (Figure 7); and
a restrictor section (23) forming a flow restriction within the flow chamber (Figure 7) extending from an inner surface of the flow chamber (via 3 which is attached to the interior surface of the flow chamber within 1) and having a reduced cross-sectional area smaller than the cross-sectional area of the cavity section (Figure 7 where the restrictor sits within the cavity section), the restrictor section (23) positioned along a fluid flow path between the inlet and the outlet (from 5 to 6) and configured to restrict fluid flow through the flow chamber across a range of positions of a moveable element (as the moveable element 8 moves from the position of Figure 8 to Figure 7),
the moveable element (8) having a proximal most end (the top as seen in Figure 7) and a distalmost end (the bottom as seen in Figure 7), a length extending between the proximal most end and the distalmost end (Figure 7), and a cross-sectional area (Figure 7), the cross-sectional area of the moveable element remaining constant along an entirety of the length of the moveable element (Figure 7), the moveable element configured to:
traverse the range of positions within the flow chamber in the presence of the inlet pressure and the outlet pressure acting on the moveable element (Figures 7 and 8),
in at least one position within the range of positions (Figure 7; when in the terminal position of Figure 7), occupy an overlap position producing an additional reduced flow channel between the restrictor section and the moveable element (Figure 7), the reduced flow channel having a constant cross-sectional area (Figure 7), the reduced flow channel configured to provide a substantially consistent output flow rate in the presence of a differential within a pressure differential operating range (Col 6, line 66 – Col 7, line 10); and
a stop (the portion of 3 on which 16 rests in Figure 7 or 17) configured to define a stopped position and prohibit the moveable element in the stopped position from terminating output flow (via 10);
coupling the variable flow resistor to the fluid source via the inlet of the flow chamber (via 3); and
allowing the variable flow resistor to control the fluid flow within the flow chamber to deliver fluid from the fluid source to the point of delivery at a consistent fluid flow rate (Col 6, line 66 – Col 7, line 10).
Regarding Claim 20, Knapp disclose where the variable flow resistor (Figure 7) further comprises a biasing mechanism (17) within the flow chamber mechanically interfaced with the moveable element (8), the biasing mechanism configured to restrain movement of the moveable element and allow the moveable element to traverse within the range of positions in the presence of a sufficient pressure differential (Figures 7-8).
Regarding Claim 21, Knapp discloses where the moveable element (8) is an integral and unitary element extending continuously between the proximal most end and the distalmost end (Figure 7).
Claim(s) 12 and 15-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rikuta (US 4,592,383).
Regarding Claim 12, Rikuta disclose a system for implementing a controlled flow rate (Col 1, lines 7-17). The system comprising:
a fluid source (to 4; Figure 1);
a variable flow resistor device (1’ generally in Figure 1) configured to adjust resistance to a pressure differential (by adjusting the position of the moveable element as discussed in Col 1, lines 6-17), the variable flow resistor device in fluid communication with the fluid source (from 4 in Figure 1), and including:
a flow chamber (1a generally) configured for placement in fluid communication with a fluid source (from 4) and a fluid receptacle (to 5), the flow chamber having:
an inlet configured for a fluid from the fluid source to flow through (from 1a), into the flow chamber, and expose a first portion of the flow chamber to an input fluid pressure (from 1a);
an outlet (via 3 to 5) configured for the fluid to flow through, out of the flow chamber, and expose a second portion of the flow chamber to an outlet pressure (Figure 1);
a cavity section having a cross-sectional area (within 1b); and
a restrictor section (where 28 sits) forming a flow restriction within the flow chamber by extending from an inner surface of the flow chamber (Figure 1) and having a reduced cross-sectional area smaller than the cross- sectional area of the cavity section (Figure 1), the restrictor section (where 28 sits) positioned along a fluid flow path between the inlet and the outlet (from 4-5) and configured to restrict fluid flow through the flow chamber across a range of positions of a moveable element (as the moveable element 27 moves within 30),
the moveable element (27) configured to: traverse the range of positions within the flow chamber in the presence of the inlet pressure and the outlet pressure acting on the moveable element (Col 3, line 57 – Col 4, line 12); and in at least one position within the range of positions, occupy an overlap position producing an additional reduced flow channel between the restrictor and the moveable element (Figure 1; Col 3, line 57 – Col 4, line 12), the reduced flow channel configured to provide a substantially consistent output flow rate in the presence of the differential within a pressure differential operating range (Col 3, line 57 – Col 4, line 12); and
a stop (8 generally) configured to define a stopped position and prohibit the moveable element in the stopped position from terminating output flow (Figure 1), the stop further defining a position closest to the inlet and configured to directly contact the moveable element (via 14) to prohibit the moveable element from directly blocking fluid flow into the flow chamber (Figure 1); and a pathway to direct fluid from the fluid source through the flow chamber and to a point of delivery (Figure 1 from 4 through 28 and to 5).
Regarding Claim 15, Rikuta discloses a biasing mechanism (18) within the flow chamber (1a generally) mechanically interfaced with the moveable element (via 15), the biasing mechanism configured to restrain movement of the moveable element and allow the moveable element to traverse within the range of positions in the presence of a sufficient pressure differential (Figure 1).
Regarding Claim 16, Rikuta discloses where the biasing mechanism (18) is coupled to at least one end of the moveable element (via 15 to 16) and at least one end of the chamber (at 6).
Regarding Claim 17, Rikuta discloses where the biasing mechanism (18) includes at least one of a spring, an elastomer liner, an accordion, an elongating element, or a combination thereof (18 shows a spring in Figure 1).
Regarding Claim 18, Rikuta disclose where a minimum length and a maximum length of the reduced flow channel is defined by a minimum overlap and a maximum overlap between the moveable element and the restrictor section (Figure 1; Col 3, line 57 – Col 4, line 12).
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) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable as obvious over Rikuta (US 4,592,383).
Regarding Claim 14, Rikuta disclose all essential elements of the current invention as discussed above but fails to expressly disclose where the stop is adjustable and configured to adjust the stopped position.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided for where the stop is adjustable and configured to move the stopped position, since it has been held that the provision of adjustability, where needed, involves only routine skill in the art. In re Stevens, 101 USPQ 284 (CCPA 1954). Generally, providing adjustability to the stop position would allow for implementation of the device according to different user priorities such as limiting the overall movement of the moveable element to limit the pressure range, or to protect different components within the system.
Conclusion
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/NICOLE GARDNER/
Examiner, Art Unit 3753