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 .
Status of the Application
This action is responsive to the amendment dated 9/04/2026. Claims 1 and 3-12 remain pending. Claims 1 and 3 have been amended. The applicant’s amendment has necessitated the new ground(s) of rejection below. This action is Final.
Response to Remarks
Applicant's amendment to recite wherein the at least one balancing valve is positioned in the inner zone and has a first face oriented towards the inner face of the cap and a second face opposite the first face, the first face pressed against the inner face of the cap in the closed state, wherein the second face has a lateral face and a cylindrical face, a transition from the lateral face to the cylindrical face spaced from the shoulder and above the at least one through-orifice has overcome the rejection of record. However, a new ground(s) of rejection is applied to the claims below. As such, applicant's arguments with respect to the 102 rejection over Ehni have not been found persuasive. A new interpretation of Ehni as stated below in the 102 rejection teaches each and every limitation including wherein the at least one balancing valve is positioned in the inner zone and has a first face oriented towards the inner face of the cap and a second face opposite the first face, the first face pressed against the inner face of the cap in the closed state, wherein the second face has a lateral face and a cylindrical face, a transition from the lateral face to the cylindrical face spaced from the shoulder and above the at least one through-orifice.
Applicant's amendments to the claims have necessitated further search and/or consideration and/or revision of the rejection, and accordingly, this action must be made Final.
Claim Rejections - 35 USC § 102
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 3-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ehni et al. (WO 2016037893 A1).
Regarding claim 1, Ehni discloses a drainage device (100) for a tank of an aircraft (note that this limitation is intended use and neither of the tank or aircraft are positively recited), comprising: a drainage duct (the duct formed at 112) that has an upstream end (the top end of 112 with reference to Fig. 3) configured to open into the tank and a downstream end (the bottom end of 112 with reference to Fig. 3), a drainage valve (130) positioned between the upstream end and the downstream end of the drainage duct, a cap (104) configured to occupy a closed position (the position as shown in Fig. 3 in which the valve 130 is fully seated) in which the cap closes off the downstream end of the drainage duct and an open position (the position in which 130 separates from the seat in order to allow fluid flow past 130) in which the cap frees up the downstream end of the drainage duct, the cap separating, in the closed position, an outer zone (the zone around 112 above 130 with reference to Fig. 3) and an inner zone (the zone around 112 below 130 with reference to Fig. 3) that is situated in the drainage duct between the drainage valve and the cap in the closed position (Fig. 3), the cap having an inner face (the portion of 104 around 134 and 128 that faces downwards with reference to Fig. 3 and can be best seen in Fig. 5) oriented towards the inner zone and an outer face (the portion of 104 around 134 and 128 that faces upwards with reference to Fig. 3) oriented towards the outer zone, and, a pressure balancing system (including at least 130 and the portion around 104 that 130 cooperates with) having at least one through-orifice (134) connecting the inner and outer faces of the cap and at least one balancing valve supported by the cap and configured to occupy an open state (the state that corresponds to the open position) in which the at least one balancing valve is configured to allow the inner zone and the outer zone to communicate with each other via the at least one through-orifice and a closed state (the state that corresponds to the closed position) in which the at least one balancing valve prevents the inner zone and the outer zone from communicating with each other; wherein the at least one balancing valve has a shoulder supporting the at least one balancing valve and preventing the at least one balancing valve from being pressed over an entire surface against the inner face of the cap (see Exhibit A below), wherein the at least one balancing valve is positioned in the inner zone and has a first face (the face extending radially outward from the shoulder identified in Exhibit A and facing upwards) oriented towards the inner face of the cap and a second face (the face portion of 138 facing downwards with reference to Fig. 3) opposite the first face, the first face pressed against the inner face of the cap in the closed state (at least a portion of the first face is pressed against the inner face of the cap in the closed state as shown in Fig. 3), wherein the second face has a lateral face (the angled face portion of the second face with reference to Fig. 3) and a cylindrical face (the flat and radially extending face portion of the second face with reference to Fig. 3), a transition from the lateral face to the cylindrical face spaced from the shoulder and above the at least one through-orifice (note that the second face is the bottom surface of 138 and does not include any portion in the cross section with reference to Fig. 3 such that there is necessarily a portion between the shoulder and second face as shown in Exhibit A); and wherein the at least one balancing valve is configured to allow for upward flow from the outer zone to the inner zone (see how when the valve is in the upside down orientation from what is shown in Fig. 3, the valve will satisfy this limitation).
Exhibit A
Regarding claim 3, Ehni further discloses the drainage device according to claim 1 wherein the cap comprises a hole (132) passing through the cap, wherein the at least one balancing valve comprises a rod (the portion of 130 that extends through the 132 as shown in Fig. 3) configured to be housed in the hole, the rod having a section identical to that of the hole, a first end (the bottom end) connected to the first face of the at least one balancing valve, and a free end (the top end) opposite the first end. (Fig. 3)
Regarding claim 4, Ehni further discloses the drainage device according to claim 3 wherein the hole has an axis (178) perpendicular to the inner face of the cap, and wherein the rod is perpendicular to the first face of the balancing valve and centered with respect to the first face. (Fig. 3)
Regarding claim 5, Ehni further discloses the drainage device according to claim 3, wherein the cap has a thickness corresponding to a distance separating the inner face and the outer face of the cap, and wherein the rod has a length greater than the thickness of the cap so that the free end of the rod is accessible and configured to be actuated from the outer zone. (Figs. 3 and 5)
Regarding claim 6, Ehni further discloses the drainage device according to claim 3, wherein the at least one balancing valve comprises, at the first face, at least one cutout (the open space portion fromed between 132 and 138) that forms a cavity between the cap and the at least one balancing valve when the at least one balancing valve is in the closed state. (Fig. 5)
Regarding claim 7, Ehni further discloses the drainage device according to claim 6 wherein the at least one through-orifice comprises a plurality of through-orifices (Figs. 3 and 5) and the at least one balancing valve comprises a single balancing valve, the plurality of through-orifices and the single balancing valve being configured and positioned relative to one another in such a way that each through-orifice opens in line with a cutout when the single balancing valve is in the closed state. (Figs. 3 and 5)
Regarding claim 8, Ehni further discloses the drainage device according to claim 6, wherein the cutout forms an annular groove that extends all around the rod. (Figs. 3 and 5)
Regarding claim 9, Ehni further discloses the drainage device according to claim 8 wherein the cutout is at a distance from the rod such that the first face of the at least one balancing valve forms the shoulder of the at least one balancing valve between the cutout and the rod. (Figs. 3 and 5)
Regarding claim 10, Ehni further discloses the drainage device according to claim 8, wherein the cutout is at a distance from the second face of the at least one balancing valve over the entire circumference of the at least one balancing valve, wherein the first face of the at least one balancing valve forms, between the cutout and the second face, a peripheral edge (the outward edge of 138 that contacts 104 in the closed position), which extends over an entire circumference of the at least one balancing valve, is configured to be in contact with the inner face of the cap when the at least one balancing valve is in the closed state. (Figs. 3 and 5)
Regarding claim 11, Ehni further discloses the drainage device according to claim 10, wherein the at least one balancing valve comprises a collar (the transition portion between the lowermost flat portion of 138 and the angled portion of 138), situated between the cutout and the second face of the at least one balancing valve, which extends as far as the peripheral edge, and wherein the at least one balancing valve is made of a material allowing the collar to deform elastically between a first, non-deformed state, corresponding to the closed state of the at least one balancing valve, in which the peripheral edge is in contact with the inner face of the cap over an entire perimeter of the at least one balancing valve, and a second, elastically deformed state, corresponding to the open state of the at least one balancing valve, in which the peripheral edge is spaced apart from the inner face of the cap. (Page 5)
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.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ehni in view of Hoang et al. (US 2020/0262560, hereafter “Hoang”).
Regarding claim 12, Ehni further discloses the drainage device according to claim 1, but fails to disclose an aircraft comprising the drainage device according to claim 1.
Hoang teaches an aircraft (Abstract) comprising a drainage device (114).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the application to modify the drainage device of Ehni to be utilized in an aircraft as taught by Hoang for the purpose of utilizing the drainage device of Ehni in an alternative system such as an aircraft in which drainage devices are known and desired.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 PAUL J GRAY whose telephone number is (571)270-0544. The examiner can normally be reached 9:00 am - 5:00 pm, Monday - Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, 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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/PAUL J GRAY/Primary Examiner, Art Unit 3753
