DETAILED ACTION
Claims 14-21,23-28,30-33 are pending and claims 1-13,22,and 29 have been cancelled.
This is in response to the amendment filed 3/2/2026.
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 with respect to the pending claim(s) 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.
Since applicant’s amendments necessitated the new grounds for rejection, this action is made Final.
Election/Restrictions
The restriction requirement of 5/8/2025 is withdrawn.
Specification
Applicant’s amendment overcomes the objection to the specification.
Claim Objections
Claims 16 and 28 are objected to because of the following informalities: claim 16,” the respective recess” should be - -the first and second recesses respectively - -,
Claim 28, line 14, “a recess of the bore “ should be “the recess of the bore”, since line 5 recites “a recess”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
Applicant is referred to the above claim objection.
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 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) 14,25 and 31-33 are rejected under 35 U.S.C. 102a1 as being anticipated by Bond (US 4136710).
Regarding claim 14, Bond discloses a gate valve (10) comprising: a body (the body 12,70,70A see Figure 1-2) defining a bore (in Figure 2, the horizontal bore 86 through the valve 10), a channel (the upper opening in 12 surrounding 44,46,48), and a port (the port 118), the bore defined through the body for fluid flow, the channel defined in the body relative to the bore, the port defined in the body for communication of hydraulic pressure (col.2,lns. 63-67);
a gate sealing surface (see Fig. 2, the surface for left 46 that abut with the seal of 106) disposed in the bore respectively on a first side of the channel;
a downstream gate seat sealing surface (the surface for right 48 that abut with the seal of 106) disposed in the bore on a second side of the channel;
a gate (44,46,48) being movable in the channel in sealing engagement relative to the gate seat sealing surface and the downstream gate seat sealing surface and being configured to selectively permit and prevent the fluid flow through the bore; and
a piston (94) having a piston skirt surface (the outer surface of 60) being sealed in communication with the hydraulic pressure from the port, the piston skirt surface being movable relative to the gate seat sealing surface in response to the hydraulic pressure and being configured to adjust a force of the sealing engagement at least between the gate seat sealing surface and the gate, wherein the piston is disposed in a pocket (the right pocket for 94 at 64,62 and the surface at 92), and the piston comprises: a first seal 110 in sealed engagement with an internal facing wall (wall at 64) of the pocket, wherein the first seal comprises a first o-ring seal disposed about an outside surface (the outer wall of groove 108) of the piston; and a second seal 114 in sealed engagement with an external facing wall (at 92) of the pocket, wherein the second seal comprises a second o-ring seal disposed about an inside surface (the inner surface of groove 112) of the piston.
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Regarding claim 25, Bond discloses a control valve (120) is connected to the port and being configured to control communication of the hydraulic pressure with the piston skirt.
Regarding method claims 31-33, the device shown by Bond will perform the methods as recited in claims 31-33, during normal operational use of the device.
Claim(s) 14-21,23-28, and 30-33 are rejected under 35 U.S.C. 102a1 as being anticipated by Bolling Jr. (US 3405911). Hereinafter referred to as Bolling.
Regarding claim 14, Bolling discloses a gate valve (10) comprising: a body (the body 11 see Figure 1) defining a bore (the horizontal bore 12), a channel (the upper opening 13 surrounding 16,17), and a port (the port 62), the bore defined through the body for fluid flow, the channel defined in the body relative to the bore, the port defined in the body for communication of hydraulic pressure (col.3,lns. 1-12);
a gate sealing surface (the surface for left 17 that abut with the seal of 82) disposed in the bore respectively on a first side of the channel;
a downstream gate seat sealing surface (the surface for right 16 that abut with the seal of 91) disposed in the bore on a second side of the channel;
a gate (14) being movable in the channel in sealing engagement relative to the gate seat sealing surface and the downstream gate seat sealing surface and being configured to selectively permit and prevent the fluid flow through the bore; and
a piston (70,71,74b) having a piston skirt surface (the outer surface at numeral 71, see Fig. 2) being sealed in communication with the hydraulic pressure from the port, the piston skirt surface being movable relative to the gate seat sealing surface in response to the hydraulic pressure and being configured to adjust a force of the sealing engagement at least between the gate seat sealing surface and the gate, wherein the piston is disposed in a pocket (the left pocket surrounding 70,73 using the recess in 11 and the inner area of 55,57), and the piston comprises: a first seal (upper seal 72, see Fig. 2) in sealed engagement with an internal facing wall (inner wall of 11) of the pocket, wherein the first seal comprises a first o-ring seal disposed about an outside surface (the outer wall of groove for upper seal 72) of the piston; and a second seal (lower seal 72) in sealed engagement with an external facing wall (outer wall of 57 abutting lower seal 72) of the pocket, wherein the second seal comprises a second o-ring seal disposed about an inside surface (the inner surface of groove for the lower seal 72) of the piston.
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Regarding claim 15, Bolling discloses the bore defines first and second recesses (the recesses in the body 11 that retain both sealing assemblies to the left and right of the gate within 50, 90 areas) being recessed from the bore and disposed respectively on the first and second sides of the channel, the first recess having a first seat (77,78) disposed therein, the first seat having the gate seat sealing surface adjacent to the gate, the second recess having a second seat (91,92) disposed therein, the second seat having the downstream gate seat sealing surface disposed adjacent to the gate.
Regarding claim 16, Bolling discloses each of the first and second seats in the respective first and second recesses comprises a seal (75 and 91) disposed about an outside dimension of the respective seat and being configured to seal with the respective recess (as shown in the figures above).
Regarding claim 17, Bolling discloses the gate defines a gate passage (the opening 15 through 14 shown in Figure) therethrough; and wherein each of the first and second seats defines a seat passage (the openings 91 and 55) therethrough, the seat passages communicating with the bore, the gate being movable relative to the gate seat sealing surface and the downstream gate seat sealing surface of the first and second seats at least between first and second states, the gate in the first state having the gate passage aligned with the seat passages, the gate in the second state having the gate passage misaligned with the seat passages (as the gate opens and closes it is aligned or misaligned).
Regarding claim 18, Bolling discloses the pocket is defined in the body adjacent to the first recess and the port 62 defined in the body communicates with the pocket, the pocket having the piston skirt sealably disposed therein.
Regarding claim 19, Bolling discloses a first portion (at the outer surface of 70 to the right of seals 72) of the piston being configured to contact the first seat,
a second portion (at 71 on the left end of 70) of the piston being sealed in the pocket and having the piston skirt exposed to the hydraulic pressure from the port, the first portion of the piston being urged into contact with the first seat in response to the hydraulic pressure exposed against the piston skirt (as the pressure pushes the first portion to the right the second portion is in sliding contact with the first seat).
Regarding claim 20, Bolling discloses the first portion of the piston comprises a crown (74b) configured to contact the first seat; and wherein the second portion of the piston comprises a skirt (the portion within the inner skirt surface at 71) extending from the crown.
Regarding claim 21, Bolling discloses an internal facing wall (the inner wall of 11 facing 57) of the pocket is recessed from the bore and an external facing wall (the inner wall of 57 facing the inner wall of 11) faces the internal facing wall and is radially separated from the internal facing wall.
Regarding claim 23, Bolling discloses a seal (75) configured to seal between the first portion of the piston and the first seat.
Regarding claim 24, Bolling discloses the seal comprises an annular seal (76) disposed in an annular groove (the groove between 77,78) defined on an end of the first seat, as shown in Figure 2.
Regarding claim 25, Bolling discloses a control valve (64,64a) is connected to the port and being configured to control communication of the hydraulic pressure with the piston skirt.
Regarding claim 26, Bolling discloses a sealing apparatus for use in a gate valve (10) having first and second seats (seat assemblies within 50, 90) disposed in a bore (bore 12) of a body (11) of the gate valve and disposed on opposing sides of a gate (14) movable in the gate valve relative to the first and second seats, the sealing apparatus comprising: a control valve (64,64a) being configured to communicate hydraulic pressure (of 63) to an area (the area near 62) of the bore adjacent the first seat; and a piston (70,71) being insertable in the bore in the area adjacent to the first seat, the piston having first and second surfaces, the first surface (the outer surface of 71) being configured to contact the first seat (at 57), the second surface (at 74b) being configured to communicate with the hydraulic pressure from the control valve, the piston being movable in a direction of the bore relative to the first seat in response to the hydraulic pressure from the control valve against the second surface of the piston,
wherein the piston comprises: a first seal (upper seal 72 see Fig. 2) disposed about an outside dimension of the piston and configured to sealably engage with an internal facing wall (the inner wall of 11) of the bore in the area adjacent to the first seat; and a second seal (the lower seal 72 in Fig. 2) disposed about an inside dimension of the piston and configured to sealably engage with an external facing wall (the inner wall of 57 abutting lower seal 72) of the bore in the area adjacent to the first seat.
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Regarding claim 27, Bolling discloses the piston comprises: a crown (the left end of 71,70) having the first surface; a skirt (right end of 70) extending from the crown opposite the first surface and having the second surface (as shown below).
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Regarding method claims 28,30-33, the device shown by Bolling will perform the methods as recited in claims 28,30-33, during normal operational use of the device.
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.
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) 25 are rejected under 35 U.S.C. 103 as being unpatentable over Bolling ‘911 in view of Atencio (US 11480253). The claim being rejected in an alternative manner should the above rejection not be found persuasive.
Regarding claim 25, Bolling discloses all of the features of the claimed invention, although is silent that a control valve is connected to the port and being configured to control communication of the hydraulic pressure with the piston surface.
Atencio ‘253 discloses a gate valve that teaches the use of a control valve (1418,1422,1430,1410,1426, see Figure 3A) being connected to the port (1414) and being configured to control communication of the hydraulic pressure with the piston surface.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to employ a control valve as taught by Atencio into the device of Bolling, to have a control valve is connected to the port and being configured to control communication of the hydraulic pressure with the piston surface, in order to allow injection of fluid into the valve and to prevent fluid injection from the valve (Atencio ‘253, col. 5, lns. 22-40).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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 Craig Price, whose telephone number is (571)272-2712 or via facsimile (571)273-2712. The examiner can normally be reached on Monday-Friday (8:00AM-4:30PM EST).
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, 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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/CRAIG J PRICE/ Primary Examiner, Art Unit 3753
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