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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 3/27/2026 has been entered.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code 103 not included in this action can be found in a prior Office action.
Claim(s) 21-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu et al. (U.S. 2015/0306370) in view of Duncan (U.S. 9,995,405), Arguello (U.S. 9,765,899), and Nehring (U.S. 4,003,403).
Liu discloses a system for regulating a flow of a fluid comprising: a flow regulator (10) comprising: a spindle (34) comprising a proximal end (at 32), a distal end (the top end) opposite to the proximal end, and a channel (36) extending into the outer surface of the spindle and around a portion thereof, and a flow adjuster handle (top of fig. 1, substantially “X” shaped); and a spindle housing (20) comprising: an aperture (26) extending therethrough and configured to receive the spindle, an inlet (40) for receiving the fluid, and an outlet (50) for expelling the fluid; and the flow regulator is rotatable relative to the spindle housing when the spindle is disposed in the aperture (para. 18).
Liu does not appear to disclose a depression extending into an outer surface of the spindle, a protrusion extending into the aperture with the protrusion received in the depression, or the handle extending from the distal end of the spindle and along a longitudinal axis defined between the proximal and distal ends of the spindle such that a space is formed between the flow adjuster handle and the spindle; wherein, the spindle is positioned in the aperture such that the spindle housing extends in the space between the flow adjuster handle and the spindle, and the flow adjuster handle extends along an outer surface of the spindle housing or a stop extending from the flow adjuster handle and along the longitudinal axis and the spindle housing comprising a portion of the housing forming a recess extending into a distal end of the housing with the stop positioned in the recess such that rotation is limited by engagement of the stop against the portion of the spindle housing forming the recess.
Duncan teaches it was known to have a similar rotary valve stopcock with a spindle having depressions (60) and protrusions extending into the aperture of a spindle housing (protrusions 100) with the protrusion received in the depression (figs. 3-6).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Liu to include depressions in the spindle and protrusions extending into the aperture of a spindle housing and the protrusions extending into the depressions as taught by Duncan in order to cause the stopcock to be biased toward orientation only in particular operational states defining which ones of the ports are open or with all the ports closed so that the stopcock resists operation in an ambiguous and undesirable manner (see col. 5, ll. 62 – col. 6, ll. 3).
Arguello teaches it was known in the art to have a handle (22) extending from the distal end of the spindle (the top of spindle 44) and along a longitudinal axis defined between the proximal and distal ends of the spindle (vertical axis in fig. 3) such that a space is formed between the flow adjuster handle and the spindle (see fig. 3); wherein, the spindle is positioned in the aperture such that the spindle housing extends in the space between the flow adjuster handle and the spindle (fig. 1), and the flow adjuster handle extends along an outer surface of the spindle housing (fig. 1).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Liu by having the handle extend from the distal end along a longitudinal axis defined between the proximal and distal ends of the spindle such that a space is formed between the handle and spindle with the spindle housing extending in the space between the handle and spindle and the handle extends along an outer surface of the housing as taught by Arguello in order to allow a user to more easily and ergonomically grip the handle to rotate the valve and provides for a functionally equivalent operation.
Nehring teaches it was known in the art to have a similar rotary valve with a stop (47) extending from a flow adjuster handle (46) and along the longitudinal axis (vertical axis) and the spindle housing comprising a portion of the housing forming a recess (the recess delimited by the abutment 34) extending into a distal end of the housing (fig. 1, fig. 4) with the stop positioned in the recess such that rotation is limited by engagement of the stop against the portion of the spindle housing forming the recess (col. 3, ll. 9-17).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Liu by having a stop located on the flow adjuster handle and a recess formed on the spindle housing with the stop positioned in the recess such that rotation is limited by engagement of the stop against the portion of the spindle housing forming the recess as taught by Nehring in order to allow the valve to open and close but prevents over-travel which could otherwise lead to unwanted stress and strain on the components and further prevents the handle from rotating around to undesired positions and allows for a more definitive on and off position for a user.
Regarding claim 22, Liu as modified further discloses wherein the flow regulator is configured to rotate relative to the spindle housing between an open position and a closed position (para. 18).
Regarding claim 23, Liu as modified further discloses wherein the stop is configured to engage against the spindle housing the open position and the closed position (see the teaching above by Nehring and col. 4, ll. 14-23 and col. 4, ll. 24-35, in ll. 14-23, the ports 18 and 22 are in fluid communication while the stop 47 abuts against the abutment 34, in ll. 24-35, the handle (and thus the stop) are rotated 180 degrees and the stop 47 abuts against the other end of the abutment 34 and the ports 18 and 22 are not in fluid communication as 22 is obturated by the side wall).
Claim(s) 1-5, 7-13, 15, 18-20, and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu et al. in view of Gotzenberger (U.S. 4,131,128), Duncan, Arguello, and Nehring.
Liu discloses a system for regulating a flow of a fluid comprising: a flow regulator (10) comprising: a spindle (34) comprising a proximal end (at 32), a distal end (the top end) opposite to the proximal end, and a channel extending into the outer surface of the spindle and around a portion of the spindle (36); and a flow adjuster handle (top of fig. 1, substantially “X” shaped); and a spindle housing (20) comprising: a proximal end (bottom end), a distal end (top end) opposite to the proximal end, and an aperture (26), an inlet (40) for receiving the fluid, and an outlet (50) for expelling the fluid, and the flow regulator is configured to rotate relative to the spindle housing (para. 18).
Liu does not appear to disclose a depression extending into an outer surface of the spindle, a protrusion extending into the aperture, the protrusion is received in the depression, the channel having a width that changes along the portion of the spindle, the handle extending from the distal end of the spindle and along a longitudinal axis defined between the proximal and distal ends of the spindle such that a space is formed between the flow adjuster handle and the spindle; wherein, the spindle is positioned in the aperture such that the spindle housing extends in the space between the flow adjuster handle and the spindle, and the flow adjuster handle extends along an outer surface of the spindle housing, in a direction from the distal end of the spindle housing toward the proximal end of the spindle housing, the aperture extending through the proximal and distal ends of the spindle housing, or a stop extending from the flow adjuster handle and along the longitudinal axis and the spindle housing comprising a portion of the housing forming a recess extending into a distal end of the housing with the stop positioned in the recess such that rotation is limited by engagement of the stop against the portion of the spindle housing forming the recess.
Duncan teaches it was known to have a similar rotary valve stopcock with a spindle having depressions (60) and protrusions extending into the aperture of a spindle housing (protrusions 100) with the protrusion received in the depression (figs. 3-6).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the housing and spindle of Liu to include depressions in the spindle and protrusions extending into the aperture of a spindle housing and the protrusions extending into the depressions as taught by Duncan in order to cause the stopcock to be biased toward orientation only in particular operational states defining which ones of the ports are open or with all the ports closed so that the stopcock resists operation in an ambiguous and undesirable manner (see col. 5, ll. 62 – col. 6, ll. 3).
Arguello teaches it was known in the art to have a handle (22) extending from the distal end of the spindle (the top of spindle 44) and along a longitudinal axis defined between the proximal and distal ends of the spindle (vertical axis in fig. 3) such that a space is formed between the flow adjuster handle and the spindle (see fig. 3); wherein, the spindle is positioned in the aperture such that the spindle housing extends in the space between the flow adjuster handle and the spindle (fig. 1), and the flow adjuster handle extends along an outer surface of the spindle housing (fig. 1).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the handle of Liu by having the handle extend from the distal end along a longitudinal axis defined between the proximal and distal ends of the spindle such that a space is formed between the handle and spindle with the spindle housing extending in the space between the handle and spindle and the handle extends along an outer surface of the housing as taught by Arguello in order to allow a user to more easily and ergonomically grip the handle to rotate the valve and provides for a functionally equivalent operation.
Gotzenberger teaches it was known to have a similar rotary valve with a channel (81) that has both a width and depth that changes along the portion of a spindle (spindle 11, see col. 2, ll. 1-12, describing the channel as flaring both in its width and depth).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the channel of Liu such that it changes in both width and depth as taught by Gotzenberger in order to provide a more precisely metered flow of fluid by rotation of the valve (see col. 1, ll. 12-16).
Nehring teaches it was known in the art to have a similar rotary valve with a stop (47) extending from a flow adjuster handle (46) and along the longitudinal axis (vertical axis) and the spindle housing comprising a portion of the housing forming a recess (the recess delimited by the abutment 34) extending into a distal end of the housing (fig. 1, fig. 4) with the stop positioned in the recess such that rotation is limited by engagement of the stop against the portion of the spindle housing forming the recess (col. 3, ll. 9-17).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Liu by having a stop located on the flow adjuster handle and a recess formed on the spindle housing with the stop positioned in the recess such that rotation is limited by engagement of the stop against the portion of the spindle housing forming the recess as taught by Nehring in order to allow the valve to open and close but prevents over-travel which could otherwise lead to unwanted stress and strain on the components and further prevents the handle from rotating around to undesired positions and allows for a more definitive on and off position for a user.
Regarding claim 2, Liu as modified further discloses further discloses wherein the flow regulator is configured to rotate relative to the spindle housing between an open position and a closed position (para. 18).
Regarding claim 3, Liu as modified further discloses wherein a depth of the channel changes as the flow regulator is rotated between an open position and a closed position (taught above by Gotzenberger, see col. 2, ll. 1-12 describing the channel as changing both width and depth).
Regarding claim 4, Liu as modified further discloses wherein the depth of the channel is a maximum depth in the open position (per Liu as modified by Gotzenberger, full open will be a maximum depth in order for the maximum flow).
Regarding claim 5, Liu as modified further discloses wherein the depth of the channel is a minimum depth in the closed position (per Liu as modified by Gotzenberger, closed will have minimal to no depth in order to stop the fluid flow).
Regarding claim 7, Liu as modified further discloses wherein the width of the channel is a maximum width in the open position (per Liu as modified by Gotzenberger, full open will be a maximum width in order for the maximum flow).
Regarding claim 8, Liu as modified further discloses wherein the width of the channel is a minimum width in the closed position (per Liu as modified by Gotzenberger, closed will have minimal to no width in order to stop the fluid flow).
Regarding claim 9, Liu as modified further discloses wherein the inlet and the outlet extend in opposite directions from the aperture (figs. 1, 2A).
Regarding claim 10, Liu as modified further discloses wherein an axis of the inlet and an axis the outlet are on a common plane (figs. 1 and 2A).
Regarding claim 11, Liu as modified further discloses wherein the inlet and the outlet are in fluid communication when the flow regulator is in the open position (para. 18).
Regarding claim 12, Liu as modified further discloses wherein the inlet and the outlet are not in fluid communication in the closed position (para. 18).
Regarding claim 13, Liu as modified further discloses but does not appear to disclose the flow regulator configured to rotate 50 degrees relative to the spindle housing between the open and closed position.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Liu by having the flow regulator configured to rotate 50 degrees relative to the spindle housing between the open and closed position, since it has been held that a change in size/shape/proportion involves only routine skill in the art. See MPEP2144.04. The motivation for doing so would be to provide the valve with a user desired degree of rotation for the open to closed position for a particular application and factoring in possible space constraints.
Regarding claim 15, Liu as modified further discloses wherein the handle has a length approximately equal to a length of the spindle (see fig. 3 of the teaching of Arguello).
Regarding claim 18, Liu as modified further discloses wherein the spindle and the spindle housing form a fluid seal (figs. 2A-2B, in order to prevent leakage especially when the valve is closed).
Regarding claim 19, Liu as modified further discloses wherein the channel defines a fluid path between the inlet and the outlet (fig. 2A).
Regarding claim 20, Liu discloses a system for regulating a flow of a fluid comprising: a flow regulator (10) comprising: a spindle (34) comprising a proximal end (at 32), a distal end (top end) opposite to the proximal end, and a channel (36) extending into the outer surface of the spindle and around a portion of the spindle (fig. 1), and a flow adjuster handle (top of fig. 1, substantially “X” shaped); and a spindle housing (20) comprising: an aperture (26) extending therethrough and configured to receive the spindle, an inlet (40) for receiving the fluid, and an outlet (50) for expelling the fluid, and the flow regulator is configured to rotate relative to the spindle housing (para. 18); and wherein the flow regulator is configured to rotate relative to the spindle housing between an open position and a closed position (para. 18).
Liu does not appear to disclose a depression extending into an outer surface of the spindle, a protrusion extending into the aperture, the protrusion is received in the depression, the channel having a width that changes along the portion of the spindle, or the handle extending from the distal end of the spindle and along an axis defined between the proximal and distal ends of the spindle such that a space is formed between the flow adjuster handle and the spindle; wherein, the spindle is positioned in the aperture such that the spindle housing extends in the space between the flow adjuster handle and the spindle, and the flow adjuster handle extends along an outer surface of the spindle housing or a stop extending from the flow adjuster handle and along the longitudinal axis and the spindle housing comprising a portion of the housing forming a recess extending into a distal end of the housing with the stop positioned in the recess such that rotation is limited by engagement of the stop against the portion of the spindle housing forming the recess.
Duncan teaches it was known to have a similar rotary valve stopcock with a spindle having depressions (60) and protrusions extending into the aperture of a spindle housing (protrusions 100) with the protrusion received in the depression (figs. 3-6).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the housing and spindle of Liu to include depressions in the spindle and protrusions extending into the aperture of a spindle housing and the protrusions extending into the depressions as taught by Duncan in order to cause the stopcock to be biased toward orientation only in particular operational states defining which ones of the ports are open or with all the ports closed so that the stopcock resists operation in an ambiguous and undesirable manner (see col. 5, ll. 62 – col. 6, ll. 3).
Arguello teaches it was known in the art to have a handle (22) extending from the distal end of the spindle (the top of spindle 44) and along a longitudinal axis defined between the proximal and distal ends of the spindle (vertical axis in fig. 3) such that a space is formed between the flow adjuster handle and the spindle (see fig. 3); wherein, the spindle is positioned in the aperture such that the spindle housing extends in the space between the flow adjuster handle and the spindle (fig. 1), and the flow adjuster handle extends along an outer surface of the spindle housing (fig. 1).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the handle of Liu by having the handle extend from the distal end along a longitudinal axis defined between the proximal and distal ends of the spindle such that a space is formed between the handle and spindle with the spindle housing extending in the space between the handle and spindle and the handle extends along an outer surface of the housing as taught by Arguello in order to allow a user to more easily and ergonomically grip the handle to rotate the valve and provides for a functionally equivalent operation.
Gotzenberger teaches it was known to have a similar rotary valve with a channel (81) that has both a width and depth that changes along the portion of a spindle (spindle 11, see col. 2, ll. 1-12, describing the channel as flaring both in its width and depth).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the channel of Liu such that it changes in both width and depth as taught by Gotzenberger in order to provide a more precisely metered flow of fluid by rotation of the valve (see col. 1, ll. 12-16).
Nehring teaches it was known in the art to have a similar rotary valve with a stop (47) extending from a flow adjuster handle (46) and along the longitudinal axis (vertical axis) and the spindle housing comprising a portion of the housing forming a recess (the recess delimited by the abutment 34) extending into a distal end of the housing (fig. 1, fig. 4) with the stop positioned in the recess such that rotation is limited by engagement of the stop against the portion of the spindle housing forming the recess (col. 3, ll. 9-17).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Liu by having a stop located on the flow adjuster handle and a recess formed on the spindle housing with the stop positioned in the recess such that rotation is limited by engagement of the stop against the portion of the spindle housing forming the recess as taught by Nehring in order to allow the valve to open and close but prevents over-travel which could otherwise lead to unwanted stress and strain on the components and further prevents the handle from rotating around to undesired positions and allows for a more definitive on and off position for a user.
Regarding claim 24, Liu as modified further discloses wherein the stop is configured to engage against the spindle housing the open position and the closed position (see the teaching above by Nehring and col. 4, ll. 14-23 and col. 4, ll. 24-35, in ll. 14-23, the ports 18 and 22 are in fluid communication while the stop 47 abuts against the abutment 34, in ll. 24-35, the handle (and thus the stop) are rotated 180 degrees and the stop 47 abuts against the other end of the abutment 34 and the ports 18 and 22 are not in fluid communication as 22 is obturated by the side wall).
Response to Arguments
Applicant's arguments filed 3/27/2026 have been fully considered but they are not persuasive.
Applicant argues on pages 8-9 that modifying the Liu reference with the teachings of the Nehring would (i) defeat the principle operation of Liu and (ii) render Liu unsuitable for its intended purpose.
The applicant states on page 10 that the Liu reference has three ports, and, if modified to include a stop, then Liu could not rotate between each of the positions shown in Figures 5A, 5B, 5C, 5D, 5E and thus not operate as disclosed. However, figures 1-3B from Liu were/are being used in the rejection. In particular, figure 1 shows a two-port valve, similar in structure to the applicant's device and, when modified to include a stop, would function in a similar manner to that of the applicant's claimed device and still be able to rotate between the closed and open positions (and thus maintain the principle operate and remain suitable for its intended purpose). It is noted that, in Liu, the channel is mapped to element 36 (see at least the third line of page 3 of the Final Rejection dated 1/28/2026). This channel appears in the embodiment of figures 1-3B. As opposed to Figures 4A-4B which has elements 36a and 36b and especially as opposed to Figures 5A-5E which has element 136.
Inasmuch as applicant’s arguments with respect to claims 1 and 20 found on pages 11-12 of the response are similar to the arguments presented for claim 21, the response to these arguments is presented above.
For at least the above reason(s), applicant's arguments have not been found persuasive.
Conclusion
All claims are identical to or patentably indistinct from, or have unity of invention with claims in the application prior to the entry of the submission under 37 CFR 1.114 (that is, restriction (including a lack of unity of invention) would not be proper) and all claims could have been finally rejected on the grounds and art of record in the next Office action if they had been entered in the application prior to entry under 37 CFR 1.114. Accordingly, THIS ACTION IS MADE FINAL even though it is a first action after the filing of a request for continued examination and the submission under 37 CFR 1.114. See MPEP § 706.07(b). 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.
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/MICHAEL R REID/ Primary Examiner, Art Unit 3753
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