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 filed 12/03/2025 have been fully considered but they are not persuasive. Applicant argues that the Fannin–Vu combination does not teach the limitation “a flow closing member displaceably arranged within the valve body and configured to control the flow of fluid medium from said inlet to said outlet via said first chamber.” Applicant argues that due to Vu’s valve body and the diaphragm being unitary, Vu does not read on the limitations. This is not true. Vu states “a valve housing 60 having a valve housing body 62 and including a chamber sealing diaphragm 70.” Here, it is clear that Vu distinguishes the valve housing body 62 and the diaphragm 70 as being two separate elements. Col. 5, Lines 15–21. Additionally, Vu’s figure 2B illustrates the diaphragm 70 located within the valve housing body 62.
Additionally, Applicant argues that Vu does not teach the first (P1), second (P2) and third (P3) pressures being distinct. Vu’s P1 is the pressure of the incoming fluid which must be greater than P2 + P3 in order for the diaphragm to be opened. Vu’s P2 is the pressure P1 - P3. Lastly, P3 is the pressure exerted on the diaphragm from the third region. Col. 5, Lines 13–54. Therefore, all of the pressures differ from one another.
Applicant also argues that Vu does not meet the limitation “a breathing chamber in fluid communication with atmosphere” In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Here, Vu discloses a third air region as seen in Vu Annotated Fig. 1. Fannin discloses a valve that is connected to an atmospheric pressure via exhaust 50. Therefore, the portion of the valve body that interacts with the exhaust is the breathing chamber.
Claim Objections
The amendment to claim 8 overcomes the objection.
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.
Claim(s) 1–16 are rejected under 35 U.S.C. 103 as being unpatentable over Fannin (USPN 4549888) in view of Vu (USPN 10281056 B2).
Regarding Claim 1, Fannin discloses a valve assembly (42) for a fluid management system of a vehicle (Col. 1, Lines 60–67) but does not disclose the details of the valve.
Vu teaches the details of the valve assembly.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the valve of Fannin with details of a valve as taught by Vu in order to teach the manner in which the valve of Fannin functions.
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Figure 1 - Vu Annotated Fig. 1
Per the Fannin–Vu combination Vu’s valve 50 is located where Fannin’s valve 42. Fannin’s port 44 is connected to Vu’s inlet conduit 10. Fannin’s port that is located between the valve 42 and check valve 48 is connected to Vu’s outlet conduit 14. Fannin’s port 40 is connected to Vu’s additional inlet as seen in Vu Annotated Fig. 1. Fannin’s port that is located between the valve 42 and check valve 48 is connected to Vu’s outlet conduit 14.
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Figure 2 - Vu Annotated Fig. 2B
The Fannin–Vu combination teaches a valve body (Vu 62) having an inner volume defining at least a first chamber, (Vu Annotated Fig. 1) a second chamber (Vu Annotated Fig. 1), and a fluid medium flow path (Vu 10/14) extending through the valve body (Vu 62), the fluid medium flow path having an inlet for receiving a fluid medium and an outlet for said fluid medium (Vu Annotated Fig. 1), said first chamber being at least partly disposed in the fluid medium flow path (Vu 10/50/14); a flow closing member (Vu 80) displaceable arranged within the valve body (Vu 62) and configured to control the flow of fluid medium from said inlet to said outlet via said first chamber (Vu Annotated Fig. 1), said flow closing member (Vu 80) being displaceable between an open position (this is an inherent function of a valve), and a closed position, in which said flow closing member (Vu 80) is positioned to prevent fluid medium to flow in the fluid medium flow path from the inlet to the outlet (this is an inherent function of a valve), in which fluid medium is permitted to flow in the fluid medium flow path from the inlet to the outlet via the first chamber, and a closed position (this is an inherent function of a valve), and a closed position, in which said flow closing member is positioned to prevent fluid medium to flow in the fluid medium flow path from the inlet to the outlet (this is an inherent function of a valve), in which said flow closing member (Vu 80) is positioned to prevent fluid medium to flow in the fluid medium flow path from the inlet to the outlet (this is an inherent function of a valve), and a closed position, in which said flow closing member is positioned to prevent fluid medium to flow in the fluid medium flow path from the inlet to the outlet (this is an inherent function of a valve), said inlet being in pressurized communication with a first area region (Vu Annotated Fig. 2B) of said flow closing member when said flow closing member (Vu 80) is in the closed position (Vu Fig. 3), whereby a first pressure being applied to said first area region (Vu Annotated Fig. 2B) of said flow closing member (Vu 80), resulting in a first force which is the product of the first pressure and the area of the first area region (Vu Annotated Fig. 2B) subjected to the first pressure (Vu Col. 6, Lines 37–42), said outlet being in pressurized communication with a second area region (Vu where the second region is the area between the second chamber and the closing member in the open position) of said flow closing member (Vu 80) when said flow closing member (Vu 80) is in the open position, whereby a second pressure being applied to said second area region of said flow closing member (Vu 80), resulting in a second force which is the product of the second pressure and the area of the second area region subjected to the second pressure a breathing chamber (Fannin 50) in fluid communication with atmosphere (Col. 4, Lines 40–42), wherein said valve body (Vu 62) comprises an additional inlet (Vu Annotated Fig. 1) in pressurized communication with a third area region (Vu Annotated Fig. 1) of said flow closing member (Vu 80), said third area region (Vu Annotated Fig. 1) being located on an opposite side of said flow closing member (Vu 80) than the first and second area regions (Vu Annotated Fig. 1 and Vu Annotated Fig. 3), whereby a third pressure (Fannin Col. 2, Line 57 through Col. 3, Line 24, where the third pressure comes from the compressor 12 into port 40) being applied to said third area region (Vu Annotated Fig. 1) of said flow closing member (Vu 80), resulting in a third force which is the product of the third pressure and the area of the third area region (Vu Annotated Fig. 1) subjected to the third pressure (Fannin Col. 2, Line 57 through Col. 3, Line 24), whereby said third force is directed to exert a counteracting force to the first and second forces (Vu Col. 5, Lines 24–26), and wherein a force difference between said first and third forces controls the movement of said flow closing member (Vu 80) from said closed position to said open position (Fannin Col. 3, Lines 51–67), whilst a force difference between said second and third forces controls the movement of said flow closing member (Vu 80) from said open position to said closed position (Fannin Col. 3, Line 67 through Col. 4, Line 20).
Regarding Claim 2, the Fannin–Vu combination teaches said flow closing member (Vu 80) is displaceably arranged in said valve body (Fannin 12/Vu 60) such that an opening pressure is provided when the first pressure being applied to said first area region (Vu Annotated Fig. 2B) of said flow closing member (Vu 80) equals, or is greater than, the third pressure being applied to said third area region (Vu Annotated Fig. 1 and Col. 5, Lines 15–40) of said flow closing member (Vu 80).
Regarding Claim 3, the Fannin–Vu combination teaches said flow closing member (Vu 80) is displaceably arranged in said valve body (Vu 62) such that a closing pressure is provided when the second pressure being applied to said second area region (Vu Annotated Fig. 1) of said flow closing member (Vu 80) is lower than the third pressure being applied to said third area region (Vu Annotated Fig. 2B) of said flow closing member (Vu 80). Fannin Col. 4, Lines 32–40 and 45–49.
Regarding Claim 4, the Fannin–Vu combination teaches a pressure difference between the opening pressure (Fannin Col. 4, Lines 49–51 and 57–61) and the closing pressure (Fannin Col. 4, Lines 32–40 and 45–49) but does not teach the pressure difference of at least one bar.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to change the pressure, since pressure is a variable that can be optimized based on its use and is not a patentable quality. Here, the change in pressure is subject to design conditions including, but not limited to the size of the valve and the pressures being introduced into the valve. Therefore, the pressure difference is a design choice and not a patentable quality.
Regarding Claim 5, the Fannin–Vu combination teaches said first area region (Vu Annotated Fig. 2B) having an area and said third area region (Vu Annotated Fig. 1) having an area. The Fannin–Vu combination does not teach the area of said first area region is substantially the same as the area of said third area region.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to change the size, since size is a variable that can be optimized based on its use and is not a patentable quality. Here, the sizes of the areas are controlled by the user needs which changes based upon the conditions in which the valve will be located. Therefore, the size of the first area region and third area region area a design choice and not a patentable quality.
Regarding Claim 6, the Fannin–Vu combination teaches said first area region (Vu Annotated Fig. 2B) having an area and said third area region (Vu Annotated Fig. 1) having an area. The Fannin–Vu combination does not teach the area of said second area region is proportional in size to the area of said third area region with a factor derivable from the third pressure divided by the third pressure minus a pressure difference between an opening pressure and a closing pressure.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to change the pressure, since pressure is a variable that can be optimized based on its use and is not a patentable quality. Here, the change in pressure is subject to design conditions including, but not limited to the size of the valve and the pressures being introduced into the valve. Therefore, the pressure difference is a design choice and not a patentable quality.
Regarding Claim 7, the Fannin–Vu combination teaches said flow path extends substantially in a longitudinal direction and said flow closing member being displaceable along a centre height direction axis, said centre height direction axis being substantially perpendicular to said longitudinal direction (Vu Fig. 1).
Regarding Claim 8, the Fannin–Vu combination teaches said first chamber and said second chamber is of different volumes (Vu Annotated Fig. 1).
Regarding Claim 9, the Fannin–Vu combination teaches the flow closing member (Vu 80) comprises a first portion (Vu 82) and a second portion (Vu 84), said first portion (Vu 82) and second portion (Vu 84) having different cross section profiles (Vu Fig. 1).
Regarding Claim 10, the Fannin–Vu combination teaches the first portion (Vu 82) and the second portion (Vu 84) are cylindrical shaped portions having cross section profiles of different diameters (Vu Fig. 1).
Regarding Claim 11, the Fannin–Vu combination teaches said valve body (Vu 60) comprising: an inlet port (Vu 10) at least partly defined by the inlet (Vu Annotated Fig. 1), and configured to be connected to an air compressor (Fannin 12) for receiving fluid medium in the form of compressed air, an outlet port (Vu 14) at least partly defined by the outlet (Vu Annotated Fig. 1), and configured to be connected to a downstream air management device for delivering compressed air to an air consumer system (Fannin Col. 3, Lines 5–8, where the air consumer system are the brakes), and an additional inlet port (Fannin Fig. 1, where the additional inlet port is the pipe connected to element 40) at least partly defined by the additional inlet (Vu Annotated Fig. 1), and configured to be connected to a compressed air storage tank (Fannin 18) for receiving a system pressure from said compressed air storage tank (Fannin 18 and Fannin Col. 3, Lines 51–67) for exerting a counter-pressure against the third area region (Vu Annotated Fig. 1).
Regarding Claim 12, the Fannin–Vu combination teaches a fluid management system for a vehicle, said fluid management system comprising: a valve assembly according to claim 1, an air compressor (Fannin 12) arranged upstream of said valve assembly and configured to be connected to the inlet of the valve assembly (Fannin 12/Vu 60), a compressed air storage tank (Fannin 18) arranged downstream of said valve assembly (Fannin 12/Vu 60) and configured to receive compressed air from said air compressor (Fannin 12) when said valve assembly (Fannin 12/Vu 60) is in the open position (Fannin Col. 3, Lines 51–67), said additional inlet (Vu Annotated Fig. 1) of said valve assembly (Fannin 12/Vu 60) being configured to be in pressurized communication with a pressure outlet of said compressed air storage tank (Fannin 18 and Fannin Col. 3, Lines 51–67), wherein said valve assembly (Fannin 12/Vu 60) is arranged and configured to control the movement of said flow closing member in response to a change in pressure in the compressed air storage tank (Fannin 18 and Fannin Col. 3, Lines 51–67).
Regarding Claim 13, the Fannin–Vu combination teaches said valve assembly (Fannin 12/Vu 60) is arranged and configured to vary the opening pressure for the flow closing member (Vu 80) so as to essentially equal a prevailing pressure in the compressed air storage tank (Fannin 18, Col. 3, Lines 51–67 and Col. 3, Line 67 through Col. 4, Line 20).
Regarding Claim 14, the Fannin–Vu combination teaches an air dryer device (Fannin 26) arranged in-between said valve assembly (Fannin 12/Vu 60) and the compressed air storage tank (Fannin 18).
Regarding Claim 15, the Fannin–Vu combination teaches a pneumatic system operable from compressed air delivered from the compressed air storage tank (Fannin 18, Col. 3, Lines 26–47).
Regarding Claim 16, the Fannin–Vu combination teaches a vehicle comprising a valve assembly according to claim 1 (Fannin Col. 7, Lines 5–7).
Allowable Subject Matter
Claim 17 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
THIS ACTION IS MADE FINAL. 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 Angelisa L. Hicks whose telephone number is 571-272-9552. The examiner can normally be reached Monday-Friday (9:30AM-5:00PM EST).
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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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/Angelisa L. Hicks/
Primary Examiner
Art Unit 3753