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 I, claims 21-35 in the reply filed on 12/23/25 is acknowledged.
Claims 36-40 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group, there being no allowable generic or linking claim.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 12/23/25.
Claim Objections
Claim 30 is objected to because of the following informalities: In claim 30, “the lubrication guiding” is missing “insert”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 21-28 and 35 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. In claims 21, 26 and 35, a “longitudinally extending channel” should be “axially extending channel” as the applicant stated that the longitudinal extending channel is reference designation 54 which is “axially extending channel” in the specification. This is because there are longitudinal passages also listed in the specification and this causes confusion as to what the applicant is disclosing and claiming.
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) 21-23, 25, and 27-34 is/are rejected under 35 U.S.C. 102(a)(1) and/or 102(a)(2) as being anticipated by Volpin US 2,605,078.
Regarding claim 21, Volpin discloses a gate valve system, comprising:
a body 2 including: an upstream end; a downstream end; and a flow path extending through the upstream end and the downstream end (flow path 5 with an upstream end at one end and a downstream end at the other end);
a gate 24 and/or 25; and
a stem 12 secured to the gate and configured to place the gate in a first position in which a flow of fluid is permitted between the upstream end and the downstream end (when the gate is raised) and a second position in which the flow of fluid is prevented (closed in Figs. 1-2);
a lubrication port in an exterior of the body and open to an interior of the body (lubrication port is where threads of 51 and 53 are connected in the body and 54 and 37 and 37’ and 35);
a lubrication guiding insert 50 or 53 secured within the lubrication port, the lubrication guiding insert including:
a longitudinally-extending channel with a proximal opening at a proximal end of the lubrication guiding insert (see Figs. 3-4, channel inside 50 or 53 on the side towards the outside of the body); and
a distal opening opposite the proximal opening and inside the body (see Figs. 3-4, channel inside 50 or 53 on the side towards the inside of the body).
Regarding claim 22, wherein the distal opening of the lubrication guiding insert is positioned to deposit lubricating fluid on a surface of one or more moving parts of the gate valve system (see Fig. 1, distal opening of the lubrication guiding insert leads to 35 which deposits lubricating fluid on gate 24, 25).
Regarding claim 23, wherein the distal opening of the lubrication guiding insert is positioned to deposit lubricating fluid on a portion of the gate (see Fig. 1, distal opening of the lubrication guiding insert leads to 35 which deposits lubricating fluid on gate 24, 25).
Regarding claim 25, wherein the distal opening of the lubrication guiding insert is positioned to supply fluid to a guide plate connected to the gate (may be guide plate 55 or 24 or 25 may be seen as a guide plate for the other which is seen as the gate).
Regarding claim 27, wherein the proximal opening is sized to receive a fluid fitting (proximal opening in 50 receives 52).
Regarding claim 28, further including a sealant port that extends to an outer surface of the body (there are 2 50’s so the other is a sealant port that extends to an outer surface of the body).
Regarding claim 29, Volpin discloses a method of assembling a gate valve system, the method comprising:
forming a body 2 including an upstream end, a downstream end, and a flow path extending through the upstream end and the downstream end (flow path 5 with an upstream end at one end and a downstream end at the other end);
placing a gate valve assembly within the body, the gate valve assembly including a gate 24 and/or 25 within the body and a stem 12 secured to the gate, the stem being configured to actuate the gate;
forming a lubrication port in an exterior of the body, the lubrication port being in fluid communication with an interior of the body (lubrication port is where threads of 51 and 53 are connected in the body and 54 and 37 and 37’ and 35);
connecting a lubrication guiding insert 50 or 53 to the lubrication port, the lubrication guiding insert having a proximal opening (see Figs. 3-4, channel inside 50 or 53 on the side towards the outside of the body) and a distal opening (see Figs. 3-4, channel inside 50 or 53 on the side towards the inside of the body), the distal opening being located within the body and configured to supply lubrication to the gate.
Regarding claim 30, wherein the lubrication guiding “insert” is configured to receive a fluid fitting (proximal opening/recess in 50 receives 52).
Regarding claim 31, wherein the lubrication guiding insert includes a proximal recess that receives the fluid fitting (proximal opening/recess in 50 receives 52).
Regarding claim 32, wherein the distal opening of the lubrication guiding insert deposits lubricating fluid on a surface connected to the gate valve assembly (see Fig. 1, distal opening of the lubrication guiding insert leads to 35 which deposits lubricating fluid on gate 24, 25).
Regarding claim 33, wherein the distal opening of the lubrication guiding insert is positioned to deposit lubricating fluid on a portion of the gate (see Fig. 1, distal opening of the lubrication guiding insert leads to 35 which deposits lubricating fluid on gate 24, 25).
Regarding claim 34, wherein the distal opening of the lubrication guiding insert supplies fluid to a guide plate connected to the gate (may be guide plate 55 or 24 or 25 may be seen as a guide plate for the other which is seen as the gate).
Claim(s) 21-24, and 27-33 is/are rejected under 35 U.S.C. 102(a)(1) and/or 102(a)(2) as being anticipated by McCauseland et al. US 2,006,715.
Regarding claim 21, McCauseland discloses a gate valve system, comprising:
a body 10 including: an upstream end; a downstream end; and a flow path extending through the upstream end and the downstream end (flow path 11 with an upstream end at one end and a downstream end at the other end);
a gate 13; and
a stem 19 secured to the gate and configured to place the gate in a first position in which a flow of fluid is permitted between the upstream end and the downstream end (when the gate is raised) and a second position in which the flow of fluid is prevented (closed in Fig. 1);
a lubrication port (at 27 or 35) in an exterior of the body and open to an interior of the body;
a lubrication guiding insert 28 or 28a secured within the lubrication port, the lubrication guiding insert including:
a longitudinally-extending channel with a proximal opening at a proximal end of the lubrication guiding insert (inside 28 outside the body); and
a distal opening opposite the proximal opening and inside the body (inside 28 at 27 or 35 inside the body).
Regarding claim 22, wherein the distal opening of the lubrication guiding insert is positioned to deposit lubricating fluid on a surface of one or more moving parts of the gate valve system (see Figs. 1-5, distal opening of the lubrication guiding insert leads to 25 which deposits lubricating fluid on gate 13).
Regarding claim 23, wherein the distal opening of the lubrication guiding insert is positioned to deposit lubricating fluid on a portion of the gate (see Figs. 1-5, distal opening of the lubrication guiding insert leads to 25 which deposits lubricating fluid on gate 13).
Regarding claim 24, wherein the proximal opening of the lubrication guiding insert faces an axial direction and the distal opening of the lubrication guiding insert faces a lateral direction (see Fig. 2, inside 28).
Regarding claim 27, wherein the proximal opening is sized to receive a fluid fitting 29 (proximal opening in 28).
Regarding claim 28, further including a sealant port that extends to an outer surface of the body (there are 2 50’s so the other is a sealant port that extends to an outer surface of the body).
Regarding claim 29, McCauseland discloses a method of assembling a gate valve system, the method comprising:
forming a body 10 including an upstream end, a downstream end, and a flow path extending through the upstream end and the downstream end (flow path 11 with an upstream end at one end and a downstream end at the other end);
placing a gate valve assembly within the body, the gate valve assembly including a gate 13 within the body and a stem 19 secured to the gate, the stem being configured to actuate the gate;
forming a lubrication port (at 27 or 35) in an exterior of the body, the lubrication port being in fluid communication with an interior of the body;
connecting a lubrication guiding insert 28 or 28a to the lubrication port, the lubrication guiding insert having a proximal opening (inside 28 outside the body) and a distal opening (inside 28 at 27 or 35 inside the body), the distal opening being located within the body and configured to supply lubrication to the gate.
Regarding claim 30, wherein the lubrication guiding “insert” is configured to receive a fluid fitting 29.
Regarding claim 31, wherein the lubrication guiding insert includes a proximal recess that receives the fluid fitting (proximal opening/recess in 28 receives 29).
Regarding claim 32, wherein the distal opening of the lubrication guiding insert deposits lubricating fluid on a surface connected to the gate valve assembly (see Figs 3-5, deposits lubricating fluid on gate at 25 and 25a).
Regarding claim 33, wherein the distal opening of the lubrication guiding insert is positioned to deposit lubricating fluid on a portion of the gate (see Figs 3-5, deposits lubricating fluid on gate at 25 and 25a).
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.
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) 26 and 35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Volpin US 2,605,078 in view of Fisher US 3,605,808.
Regarding claims 26 and 35, Volpin lacks the distal opening of the lubrication guiding insert is laterally offset from the longitudinally-extending channel. Fisher (see Fig. 4) discloses the distal opening 28 of the insert 13 is laterally offset from the longitudinally-extending channel 9. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the distal opening of the lubrication guiding insert as disclosed by Volpin to be laterally offset from the longitudinally-extending channel as disclosed by Fisher as a matter of simple substitution of direction of openings and/or to provide change of flow direction if needed to produce different flow.
Claim(s) 26 and 35 is/are rejected under 35 U.S.C. 103 as being unpatentable over McCauseland et al. US 2,006,715 in view of Fisher US 3,605,808.
Regarding claims 26 and 35, McCauseland lacks the distal opening of the lubrication guiding insert is laterally offset from the longitudinally-extending channel. Fisher (see Fig. 4) discloses the distal opening 28 of the insert 13 is laterally offset from the longitudinally-extending channel 9. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the distal opening of the lubrication guiding insert as disclosed by McCauseland to be laterally offset from the longitudinally-extending channel as disclosed by Fisher as a matter of simple substitution of direction of openings and/or to provide change of flow direction if needed to produce different flow.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Leiter, Fisher, Volpins, Lanning and Estes disclose gate valves with lubrication. Tokach, Pagano, Majneri, Matsuo, and Martz disclose inserts with the distal opening of the insert is laterally offset from the channel.
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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