DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
2. The information disclosure statement (IDS) submitted on 4/4/2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Amendment
3. Acknowledgement is made of the preliminary amendment(s) filed 12/5/2024.
Specification
4. The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: “Flow Switch with Variable Orifice”.
Claim Rejections - 35 USC § 102
5. 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 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 and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Monson et al (US 7559485 B2).
Regarding claim 1 Monson et al teaches a base body (figs. 1 & 4); an orifice body 400 which is moveable relative to the base body (Abstract)(Summary)(Col. 3 lines 27-62); and a spring 402 connected to the orifice body 400; wherein the orifice body 400 comprises an opening 414 that is variable in size with the relative movement of the orifice body 400.
Regarding claim 8 Monson et al teaches a switch (Inherently function of the valve assembly) configured to be operated when the orifice body 402 is moved; and an electronics subassembly (Implied col. 1 lines 8-17) in electronic connection with the switch.
Allowable Subject Matter
6. Claim 2 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 2 the cited prior art does not anticipate nor render obvious a projection fixed relative to an orifice body, wherein the projection extends, at least in part, through an opening in the orifice body when the orifice body is in a first position and the projection is located entirely outside of the orifice body when the orifice body is in a second position.
Claims 3-7 are objected based on their dependency of claim 2.
7. Claims 9-20 are allowed.
The following is an examiner’s statement of reasons for allowance:
Regarding claim 9 the cited prior art does not anticipate nor render obvious a projection fixed relative to an orifice body, wherein the projection extends, at least in part, through an opening in the orifice body when the orifice body is in a first position and the projection is located entirely outside of the orifice body when the orifice body is in a second position.
Regarding claim 15 the cited prior art does not anticipate nor render obvious an opening that is variable in size with movement of an orifice body; providing flow of a fluid at a first volumetric flow rate such that the opening has a first size; and providing the flow of the fluid at a second volumetric flow rate which is higher than the first volumetric flow rate such that the opening has to a second size which is larger than the first size.
Claims 10-20 are allowed based on their dependency of claims 9 and / or 15.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
DE 202024101016 U1 Flow monitor
WO 2020210651 A1 SYSTEMS AND METHODS FOR A VARIABLE FLOW RESISTOR
US 5261597 A Temperature responsive 3-way line valve with shape memory alloy actuator
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDRE J ALLEN whose telephone number is (571)272-2174. The examiner can normally be reached Mon-Fri. 9am-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina M Deherrera can be reached at (303) 297-4237. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDRE J ALLEN/Primary Examiner, Art Unit 2855