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.
Claim Objections
Claims 1-20 are objected to because of the following informalities:
In Claim 1, line 23 “provide power” should likely read “provide the power”.
In Claims 2-11, line 1 “A flow control device” should likely read “The flow control device”.
In Claim 12, line 15 “provide power” should likely read “provide the power”.
In Claims 13-16 and 18-20, line 1 “A method” should likely read “The method”.
In Claim 17, line 10 “disconnecting power” should likely read “disconnecting the power”.
Appropriate correction is required.
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.
Claim(s) 1-2, 4-6, 12-13, and 15-20 is/are rejected under 35 U.S.C. 102(a)1) as being anticipated by Isaacson Jr et al (US 5,782,263).
Regarding Claim 1, Isaacson Jr et al disclose(s) a flow control device for preventing leaks in fluid conveyance system (Figures 1-2; abstract). The device comprising:
a housing (111) having a fluid inlet (101/211) and a fluid outlet (109/227);
a fluid passageway (221; Figure 2) extending between the fluid inlet and the fluid outlet (Figure 2);
a valve (223) disposed in said fluid passageway (Figure 2), said valve operable between a closed position (Figure 2 shown in phantom lines sitting against 224) and an open position (shown in Figure 2), wherein said valve prevents flow of fluid in the fluid passageway when operated to the closed position (Col 8, lines 32-37) and wherein said valve permits flow of fluid in the fluid passageway when operated to the open position (Col 8, lines 38-42);
a solenoid (207) connected to said valve (via the triggering mechanism of Col 8, lines 45-47) and configured to operate the valve between the open position and the closed position (by releasing the valve to the closed position as disclosed in Col 8, lines 45-47);
a control module (the logic circuit 206) in electrical communication with said solenoid (Col 7, lines 15-25), said control module configured to send control signals to said solenoid to operate the valve to the closed position (Col 7, lines 15-25);
an energy storage device (235) providing power to said control module (Col 8, line 66 - Col 9, line 8);
a switch (208; Col 8, lines 5-9) electrically interposed between said energy storage device and said control module (Col 8, lines 5-9; Figure 2), said switch operable between an open position and a closed position (Col 8, lines 5-9), wherein the energy storage device (235) is disconnected from the control module while the switch is in the open position (Col 8, lines 5-9 discloses closing the switch to actuate the solenoid and therefore opening the switch would disconnect the solenoid) and the energy storage device is connected to the control module while the switch is in the closed position (Col 8, lines 5-9 to actuate the trigger mechanism); and
a flow sensor (217 and 205) for operating the switch to the closed position in response to fluid flow in the fluid passageway to thereby allow the energy storage device to provide power to the control module only while the fluid is flowing (Col 8, lines 5-11 disclose closing the switch in response to fluid flow that will actuate the solenoid).
Regarding Claim 2, Isaacson Jr et al disclose(s) wherein the energy storage device is a battery (Col 8, line 66 - Col 9, line 8).
Regarding Claim 4, Isaacson Jr et al disclose(s) wherein the control module (the logic circuit 206) comprises a flow timer (counter 202) configured to monitor a flow time of fluid in the fluid passageway (Col 7, line 55 - Col 8, line 4).
Regarding Claim 5, Isaacson Jr et al disclose(s) wherein the control module is configured to cause the solenoid to close the valve responsive to the flow time equaling or surpassing a preset flow time (Col 7, line 55 - Col 8, line 4).
Regarding Claim 6, Isaacson Jr et al disclose(s) wherein the control module comprises an adjustment feature for adjusting the preset flow time (via the display 400 as disclosed by Col 9, line 30-33).
Regarding Claim 12, Isaacson Jr et al disclose(s) a method of controlling leaks in a fluid conveyance system (abstract; Figure 2), said fluid conveyance system comprising a fluid line extending between a source and a control valve (from 211 to a toilet with an inherent flush valve; Col 8, lines 2-4), the fluid line having a leak control valve controlled by a solenoid (207 to control 223; Figure 2) interposed between the source and the control valve (to prevent a leak; abstract), said method comprising:
installing a flow control device (100) in the fluid line between the source and the control valve (Col 6, lines 35-43), said flow control device comprising:
a housing (111) having a fluid inlet (101/211) and a fluid outlet (109/227);
a fluid passageway (221; Figure 2) extending between the fluid inlet and the fluid outlet (Figure 2);
a valve (223) disposed in said fluid passageway (Figure 2), said valve operable between a closed position (Figure 2 shown in phantom lines sitting against 224) and an open position (shown in Figure 2), wherein said valve prevents flow of fluid in the fluid passageway when operated to the closed position (Col 8, lines 32-37) and wherein said valve permits flow of fluid in the fluid passageway when operated to the open position (Col 8, lines 38-42);
a solenoid (207) connected to said valve (via the triggering mechanism of Col 8, lines 45-47) and configured to operate the valve between the open position and the closed position (by releasing the valve to the closed position as disclosed in Col 8, lines 45-47);
a control module (the logic circuit 206) in electrical communication with said solenoid (Col 7, lines 15-25), said control module configured to send control signals to said solenoid to operate the valve to the closed position (Col 7, lines 15-25);
an energy storage device (235) providing power to said control module (Col 8, line 66 - Col 9, line 8);
a switch (208; Col 8, lines 5-9) electrically interposed between said energy storage device and said control module (Col 8, lines 5-9; Figure 2), said switch operable between an open position and a closed position (Col 8, lines 5-9), wherein the energy storage device (235) is disconnected from the control module while the switch is in the open position (Col 8, lines 5-9 discloses closing the switch to actuate the solenoid and therefore opening the switch would disconnect the solenoid) and the energy storage device is connected to the control module while the switch is in the closed position (Col 8, lines 5-9 to actuate the trigger mechanism); and
a flow sensor (217 and 205) for operating the switch to the closed position in response to fluid flow in the fluid passageway to thereby allow the energy storage device to provide power to the control module (Col 8, lines 5-11 disclose closing the switch in response to fluid flow that will actuate the solenoid).
Regarding Claim 13, Isaacson Jr et al disclose(s) wherein the energy storage device is a battery (Col 8, line 66 - Col 9, line 8).
Regarding Claim 15, Isaacson Jr et al disclose(s) wherein the control module (the logic circuit 206) comprises a flow timer (counter 202) configured to monitor a flow time of fluid in the fluid passageway (Col 7, line 55 - Col 8, line 4).
Regarding Claim 16, Isaacson Jr et al disclose(s) wherein the control module is configured to cause the solenoid to close the valve responsive to the flow time equaling or surpassing a preset flow time (Col 7, line 55 - Col 8, line 4).
Regarding Claim 17, Isaacson Jr et al disclose(s) a method of controlling leaks in a fluid conveyance system (abstract; Figure 2), said fluid conveyance system comprising a fluid line extending between a source and a control valve (from 211 to a toilet with an inherent flush valve; Col 8, lines 2-4), the fluid line having a leak control valve controlled by a solenoid (207 to control 223; Figure 2) interposed between the source and the control valve (to prevent a leak; abstract), said method comprising:
providing power to a control module of a flow control device (from batteries 235 to solenoid 207 via switch 208) responsive to detecting flow of fluid in the fluid line (Col 8, line 66 - Col 9, line 8),
the control module having a timer (counter 202);
starting the timer to measure a flow time of the flow of fluid in the fluid line (Col 7, line 55 - Col 8, line 4);
operating the leak control valve to a closed position using the control module if the flow time meets or exceeds a pre-set flow time (Col 7, line 55 - Col 8, line 4); and
automatically disconnecting power to the control module of the flow control device when there is no flow of fluid in the fluid line (Col 8, lines 5-9 discloses closing the switch to actuate the solenoid and therefore opening the switch would disconnect the solenoid).
Regarding Claim 18, Isaacson Jr et al disclose(s) adjusting the preset flow time (via the display 400 as disclosed by Col 9, line 30-33).
Regarding Claim 19, Isaacson Jr et al disclose(s) operating the leak control valve to an open position responsive to user input (via lever 237).
Regarding Claim 20, Isaacson Jr et al disclose(s) wherein the control valve controls fluid flow into a fluid storage tank (into a toilet tank; Col 8, lines 2-4).
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) 3, 7-8, 11 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Isaacson Jr et al (US 5,782,263) in view of Quintana (WO2006042053).
Regarding Claim 3, Isaacson Jr et al disclose(s) all essential elements of the current invention as discussed above but fails to expressly disclose wherein the switch is a magnetic switch.
Quintana teaches a flow control device for preventing leaks in a fluid conveyance system (52 in Figure 1; abstract). The device with a switch (page 7, lines 10-15) said switch operable between an open position and a closed position (page 7, lines 10-15) wherein the switch is a magnetic switch (page 7, lines 10-15).
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 switch of Isaacson Jr et al with the magnetic switch as taught by Quintana for the advantage of combining prior art elements according to known methods (providing a magnetic switch in a system with a switch to control power to a control module) to yield predictable results (to actuate a valve based on the position of the switch).
Regarding Claim 7, Isaacson Jr et al disclose(s) all essential elements of the current invention as discussed above but fails to expressly disclose wherein the adjustment feature automatically adjusts the preset flow time based on historical flow times.
Quintana teaches a flow control device for preventing leaks in a fluid conveyance system (52 in Figure 1; abstract). The device with an adjustment feature (page 11, lines 24-37 teach a plurality of operating profiles selectable by the user, thereby allowing the user to adjust the fault condition) wherein the adjustment feature automatically adjusts the preset flow time based on historical flow times (page 11, lines 24-37 teach providing a memory of flow conditions, including time and page 42, lines 7-16 teach automatically adjusting flow time based on water pressure and therefore calculates if the flush is normal over a period of time).
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 system of Isaacson Jr et al with the system as taught by Quintana for the advantage of providing the flow control device can be installed in places with varying flow rates or fluid pressures without continuous changes in the system by a user, as taught by Quintana (page 42, lines 7-16).
Regarding Claim 8, Isaacson Jr et al disclose(s) all essential elements of the current invention as discussed above but fails to expressly disclose wherein the adjustment feature allows a user to manually adjust the preset flow time based on historical flow times.
Quintana teaches a flow control device for preventing leaks in a fluid conveyance system (52 in Figure 1; abstract). The device with an adjustment feature (page 11, lines 24-37 teach a plurality of operating profiles selectable by the user, thereby allowing the user to adjust the fault condition) wherein the adjustment feature allows a user to manually adjust the preset flow time based on historical flow times (page 11, lines 24-37 teach providing a memory of flow conditions, including time and page 42, lines 7-16 teach automatically adjusting flow time based on water pressure and therefore calculates if the flush is normal over a period of time and page 11, lines 24-37 teach a plurality of operating profiles selectable by the user, thereby allowing the user to adjust the fault condition).
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 system of Isaacson Jr et al with the system as taught by Quintana for the advantage of providing the flow control device installed in places with varying flow rates or fluid pressures to be monitored and overridden by a user to prevent false errors.
Regarding Claim 11, Isaacson Jr et al disclose(s) all essential elements of the current invention as discussed above but fails to expressly disclose wherein the control module comprises a microprocessor.
Quintana teach(es) wherein the control module (257) comprises a microprocessor (page 23, line 14).
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 system of Isaacson Jr et al with the system as taught by Quintana for the advantage of combining prior art elements according to known methods (the controller of Isaacson Jr et al with the microprocessor of Quintana) to yield predictable results (to control the flow control valve based on sensor input).
Regarding Claim 14, Isaacson Jr et al disclose(s) all essential elements of the current invention as discussed above but fails to expressly disclose wherein the switch is a magnetic reed switch.
Quintana teaches a flow control device for preventing leaks in a fluid conveyance system (52 in Figure 1; abstract). The device with a switch (page 7, lines 10-15) said switch operable between an open position and a closed position (page 7, lines 10-15) wherein the switch is a magnetic reed switch (page 7, lines 10-15).
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 switch of Isaacson Jr et al with the magnetic switch as taught by Quintana for the advantage of combining prior art elements according to known methods (providing a magnetic switch in a system with a switch to control power to a control module) to yield predictable results (to actuate a valve based on the position of the switch).
Claim(s) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Isaacson Jr et al (US 5,782,263) in view of Mankin et al (US 6,052,841).
Regarding Claim 9, Isaacson Jr et al disclose(s) all essential elements of the current invention as discussed above but fails to expressly disclose wherein the control module comprises a reset feature configured to cause the solenoid to operate the valve to the open position.
Mankin et al teach(es) wherein the control module (processor 16) comprises a reset feature (button 45) configured to cause the solenoid to operate the valve to the open position (Col 4, lines 56-65).
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 system of Isaacson Jr et al with the reset feature as taught by Mankin et al for the advantage of providing a automatically actuated reset ability based on customer use in inaccessible or inconvenient locations of the flow control device.
Regarding Claim 10, Mankin et al teach(es) wherein the reset feature (button 45) comprises a user operable button (Col 4, lines 56-65).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references made of record are relevant to the field of shutoff valves for preventing water leaks.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICOLE GARDNER whose telephone number is (571)270-0144. The examiner can normally be reached Monday - Friday 8AM-4PM EST.
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/NICOLE GARDNER/
Examiner, Art Unit 3753