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 .
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) 1-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sorter et al. (U.S. Patent 6,748,932), hereinafter “Sorter” in view of Hughes et al. (U.S. Patent 3,923,079), hereinafter “Hughes”.
In regards to claims 1 and 9, Sorter discloses gas valve comprising: a housing (34) having a gas flow path and a poppet seal (seal between 38, 40 and 42) at an orifice commonly utilized for either of a gas pressure regulator and a solenoid actuator (20) located therein, when actuated; said gas pressure regulator having an open (Fig. 3) and closed (Fig. 4) configuration wherein until reaching a predetermined pressure, the gas pressure regulator permits gas flow through the housing (34), but upon reaching the predetermined pressure, the gas pressure regulator prevents gas flow through the gas flow path at the poppet seal (seal between 38, 40 and 42), the gas pressure regulator having a regulator spring (50); and said solenoid actuator (20) having a plunger (36) and has an on configuration permitting gas flow through gas flow path with the plunger (36) spaced apart from a poppet (38, 40) in a first direction relative to the orifice and an off (Fig. 4) configuration preventing gas flow through the gas flow path at the poppet seal (seal between 38, 40 and 42) with a plunger (38, 40) against the poppet (38, 40), with the poppet seal (seal between 38, 40 and 42) against the orifice being the only seal in the gas flow path of the housing (34); and wherein when the solenoid valve (20) is in the on configuration, the gas pressure regulator operates between the open and closed configuration depending upon gas pressure with all spring bias against the poppet (38, 40) removed from acting from upstream of the orifice against the poppet the-first direction. See col. 8, line 58 – col. 9, line 5.
Sorter does not specifically disclose that the solenoid plunger is spring biased.
Hughes teaches a control valve having a solenoid actuator with a spring biased plunger. See the Final Rejection dated 02/26/2025.
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It would have been obvious to a person having ordinary skill in the art at the time the invention was filed to have designed solenoid actuator of Sorter to include a biasing spring to ensure a closed position of the plunger in an un-energized state of the solenoid as is well-known for conventional solenoid actuators.
Sorter, as modified, discloses that the regulator spring (Sorter 50) and plunger spring (Hughes “S”) are on opposite sides of the orifice.
In regards to claim 2, the poppet (38, 40) is upstream in the gas flow path of the orifice, and said poppet (38, 40) sealing against the orifice port to provide the poppet seal (seal between 38, 40 and 42).
In regards to claims 3, 10, and 13 the gas pressure regulator has a piston (46) extending through the orifice and connecting to the poppet (38, 40).
In regards to claims 4 and 11, the solenoid actuator (20) and the plunger (36) are colinearly disposed with the piston (46).
In regards to claims 5 and 12, the housing has an inlet and an outlet and an axis extending through the plunger (36) is perpendicularly disposed relative to one of the inlet and outlet.
In regards to claims 6 and 14, a solenoid of the solenoid valve is disposed externally of the housing (34).
In regards to claims 7 and 15, the gas pressure regulator has a spring (50) biasing the poppet (38, 40) away from the port.
In regards to claims 8 and 16, the gas pressure regulator has a spring (50) biasing the poppet (38, 40) away from the port, and the solenoid actuator (20) has a spring (via modification by Hughes) biasing the plunger (36) to seal the poppet (38, 40) against the port in the off configuration, wherein upon energizing the solenoid, the plunger (36) is moved away from the port permitting the gas pressure regulator to regulate pressure.
Response to Arguments
Applicant’s arguments have been considered but are moot in light of the new grounds of rejection as outlined above.
As discussed above, Sorter as modified by Hughes teaches applicant’s invention as claimed.
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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to R.K. Arundale whose telephone number is 571-270-3453. The examiner can normally be reached on Monday-Friday (9:30AM-6:00PM EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisors can be reached by phone. Kenneth Rinehart can be reached at 571-272-4881, and Craig Schneider can be reached at 571-272-3607. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT K ARUNDALE/Primary Examiner, Art Unit 3753