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 .
Information Disclosure Statement
The information disclosure statement(s) was/were filed in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) was/were considered by the examiner.
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 3-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Oyamada et al. (U.S. Publication 2004/0011327), hereinafter “Oyamada”.
In regards to claim 1, Oyamada discloses a butterfly valve assembly comprising: a butterfly valve housing (1) defining a channel (3) for accommodating a flow of gas therethrough; a butterfly valve (5) adjustable in said butterfly valve housing (1) between a closed position preventing said flow of gas through said channel (3) and at least one open position opening up said channel (3) for allowing passage of said flow of gas through said channel (3); a pivot shaft (7) rotatable about a pivot shaft axis (A) and having first and second pivot shaft end portions (1PSEP, 2PSEP) corresponding to first and second bearing regions (1BR, 2BR); said butterfly valve (5) having a disk-shaped butterfly valve element supported on said pivot shaft (7); a pivot shaft drive (13); said first pivot shaft end portion (1PSEP) being coupled to said pivot shaft drive (13) and being rotatably supported about said pivot shaft axis (A) on said butterfly valve housing (1) in said first bearing region (1BR); said second pivot shaft end portion (2PSEP) being rotatably supported about said pivot shaft axis (A) on said butterfly valve housing (1) in said second bearing region (2BR); at least one of said first and second bearing regions (1BR, 2BR) including a bearing unit (31) rotatably supporting said pivot shaft (7); said pivot shaft (7) having an outer peripheral surface; and, at least one seal (43) subject to an axial load by said bearing unit (31) and lying against said outer peripheral surface of said pivot shaft (7). See amended Fig. 1 below, Fig. 5 and para. [0047].
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In regards to claim 3, at least one of the following applies: i) said at least one seal (43) annularly surrounds said pivot shaft axis (A); and, ii) said bearing unit (31) annularly surrounds said pivot shaft axis (A).
In regards to claim 4, the at least one seal (43) includes a holding portion (HP) subjected to said axial load of said bearing unit (31) and a sealing portion (SP) lying against said pivot shaft (7).
In regards to claim 5, the holding portion (HP) extends radially and said sealing portion (SP) extends radially inward from said holding portion (HP) toward said pivot shaft (7).
In regards to claim 6, the at least one bearing region (1BR, 2BR) includes a bearing bushing having a base (B) and said bearing unit (31) includes at least one bearing ring (BR); and, said holding portion (HP) of said at least one seal (43) is held according to at least one of the following: i) between said at least one bearing ring (BR) and said base (B); and, ii) between said at least one bearing ring and said butterfly valve housing.
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In regards to claim 7, the at least one seal (43) defines a support region whereat said at least one seal is supported; and, in said support region, at least one of the following applies: i) said base (B) of said bearing bushing; and, ii) said butterfly valve housing is oriented orthogonally with respect to said pivot shaft axis (A) and is planar.
In regards to claim 8, the at least one bearing ring is held in said bearing bushing with an interference fit. See para. [0036] which describes pressing the bearing into the valve housing. The office notes that the description provided in para. [0036] is equally applicable to the embodiment of Fig. 5.
In regards to claim 9, the bearing unit is a plain bearing unit.
In regards to claim 10, the at least one seal is made with elastomer material. See para. [0048].
Claim 11 only includes a recitation of intended use. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the Claims not specifically recited are rejected as being dependent upon a rejected base claim.
In the instant case, it is the office’s position that butterfly valve disclose is capable of being “for a gas flow in a fuel cell system in a vehicle” because the prior art discloses all of the structure positively recited by applicant.
In regards to claims 12-14, if a prior art device, in its normal and usual operation, would necessarily perform the method claimed, then the method claimed will be considered to be anticipated by the prior art device. When the prior art device is the same as a device described in the specification for carrying out the Claimed method, it can be assumed that the device will perform the claimed process. See MPEP 2112.02
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) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Oyamada.
Oyamada discloses all of the elements as discussed above.
Oyamada does not specifically disclose that the that first bearing region includes said bearing unit.
It would have been obvious to a person having ordinary skill in the art at the time the invention was filed to have made the first bearing region include the same bearing unit and the second bearing region so as to prevent leakage through the valve housing as taught by Oyamada (para. [0002]).
Claim(s) 15-17 and is/are rejected under 35 U.S.C. 103 as being unpatentable over Bellato et al. (U.S. Publication 20218/010149), hereinafter “Bellato” in view of Oyamada.
As necessitated by claims 15-17, Bellato discloses a butterfly valve used in conjunction with a fuel cell for a vehicle.
Bellato does not disclose the stem sealing of the butterfly valve as necessitated by the claims.
It would have been obvious to a person having ordinary skill in the art at the time the invention was filed to have made the butterfly valve of Bellato to include the stem sealing structure necessitated by applicant (and taught by Oyamada) to prevent leakage past the valve when the valve is in the closed position as taught by Oyamada.
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