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.
Response to Amendment
The Amendment filed on 28 Oct 2025 has been entered. Claims 1-3, 5, 8, 10-11 and 14-19 remain pending in the application. Applicant’s amendments to the drawings overcome each and every objection and 112(b) rejection previously set forth in the Non-Final Office Action mailed 28 July 2025.
Drawings
The drawings were received on 28 Oct 2025. These drawings are accepted.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-3, 5, 8, 10-11 and 14-19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "said counterpart bearing ring" in line 27. There is insufficient antecedent basis for this limitation in the claim. For purposes of examination, “said counterpart bearing ring” will be interpreted as referring to “said bearing ring” from Claim 1, line 23.
Claim 11 recites the limitation "said counterpart bearing ring" in line 29. There is insufficient antecedent basis for this limitation in the claim. For purposes of examination, “said counterpart bearing ring” will be interpreted as referring to “said bearing ring” from Claim 11, line 25.
Claim 14 recites the limitation "said counterpart bearing ring" in line 27. There is insufficient antecedent basis for this limitation in the claim. For purposes of examination, “said counterpart bearing ring” will be interpreted as referring to “said bearing ring” from Claim 14, line 23.
Claim 14 recites the limitation "said frustoconical bearing cutout" in line 34. There is insufficient antecedent basis for this limitation in the claim.
Claim 17 recites the limitation "said counterpart bearing ring" in line 29. There is insufficient antecedent basis for this limitation in the claim. For purposes of examination, “said counterpart bearing ring” will be interpreted as referring to “said bearing ring” from Claim 17, line 25.
Claim 17 recites the limitation "said frustoconical bearing cutout" in line 36. There is insufficient antecedent basis for this limitation in the claim.
Claims not specifically referenced are rejected as being dependent on a rejected base claim.
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) 1-3, and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Delplanque et al (US 2017/0284310) in view of Botella et al (US 10,982,771).
Regarding Claim 1, Delplanque et al disclose a butterfly valve assembly (Figure 1). The assembly comprising:
a butterfly valve housing (3) defining a gas flow channel (15);
a butterfly valve (5) adjustable in said butterfly valve housing (3) between a closed position (¶ 48) so as to prevent a gas flow through said gas flow channel (¶ 48) and at least one open position (¶ 48) opening up said gas flow channel for a passage of flow (¶ 48);
a pivot shaft drive (11);
a pivot shaft (7) rotatable about a pivot shaft axis (X) and having a first pivot shaft end portion (35) and a second pivot shaft end portion (the lowest portion of pivot shaft 7 inserted in the lower portion of the housing shown in Figure 1);
said butterfly valve (5) having a disc-shaped butterfly valve element (¶ 52; Figure 1) supported on said pivot shaft (Figure 1; ¶ 52);
said first pivot shaft end portion (35) being provided for coupling to said pivot shaft drive (Figure 4 via 25) and, in a first shaft bearing region (shown generally in Figure 4), being supported on said butterfly valve housing (3; Figure 4) so as to be rotatable about said pivot shaft axis (X);
said second pivot shaft end portion (the lowest portion of pivot shaft 7 inserted in the lower portion of the housing shown in Figure 1), in a second shaft bearing region (the lowest end of the pivot shaft generally), being supported on said butterfly valve housing so as to be rotatable about said pivot shaft axis (Figure 1); and,
at least one shaft bearing region out of said first and second shaft bearing regions (the first shaft bearing region shown generally in Figure 4) including a bearing arrangement (Annotated Figure A) rotatably supporting said pivot shaft (7) at said butterfly valve housing (at 3; Annotated Figure A) and having a bearing region (generally the lower end of 89 shown in Annotated Figure A) with a bearing projection (Annotated Figure A) arranged on said pivot shaft (7) so as to surround said pivot shaft axis (X) and protrude in a direction of a counterpart bearing region (the bearing projection protrudes down to the counterpart bearing region as seen in Annotated Figure A) on said butterfly valve housing (the counterpart bearing region is on the butterfly valve housing (87 via 3) in the same way as applicant’s invention),
said counterpart bearing region (Annotated Figure A) includes a bearing ring (87) supported on said butterfly valve housing (87 via 3 in the same way as applicant’s invention) and having an opening (at the center through which shaft 7 extends) through which the pivot shaft extends (shown with the pivot shaft 7 extending through in Figure 4) with a radial play (Figure 4 shows a space between the bearing ring 87 and the pivot shaft 7 thereby allowing radial play between the shaft and the bearing ring), so that said pivot shaft (7) is tiltable (about the interaction between 87 and 89) with its length portion extending through said bearing ring in relation to said bearing ring (see Annotated Figure A),
said bearing arrangement (Annotated Figure A), on said counterpart bearing ring (Annotated Figure A), having a bearing cutout of frustoconical form (the surface as disclosed by ¶ 116; the frustoconical form shown in Figure 4) arranged so as to surround said pivot shaft axis (X) and at least partially receive said bearing projection (Figure 4),
where said bearing region (shown generally in Figure 4) includes a radially protruding pivot shaft head (89) on the pivot shaft (7; Figure 4); and, the bearing projection (Annotated Figure A) is formed on a side of the pivot shaft head facing toward said counterpart bearing region (downward as shown in Annotated Figure A) so as to bulge in the direction of said counterpart bearing region (downward as shown in Annotated Figure A) for axially and radially supporting said pivot shaft head (89) at said frustoconical bearing cutout of said bearing ring (the surface as disclosed by ¶ 116; the frustoconical form shown in Figure 4) and, thereby, supporting said pivot shaft at said butterfly valve housing in an axial direction and in a radial direction relative to said pivot shaft axis (Figure 4),
but fails to expressly disclose where the bearing arrangement is a ball joint bearing arrangement and where the bearing projection convexly bulges.
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Annotated Figure A
Botella et al teach a butterfly valve assembly (Figures 2-5) with a bearing arrangement (generally shown in Figure 5) where the bearing arrangement is a ball joint bearing arrangement (with spherical surface 51 taught in Col 4, lines 22-25) and where the bearing projection convexly bulges (Figure 5; with spherical surface 51 taught in Col 4, lines 22-25).
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 bearing arrangement of Delplanque et al with the ball joint bearing arrangement as taught by Botella et al for the advantage of providing excellent sealing even if there is a minor offset between the parts, as taught by Botella et al (Col 5, lines 57-60).
Regarding Claim 2, Delplanque et al disclose where said at least one bearing region is the first bearing region (shown generally in Figure 4).
Regarding Claim 3, Delplanque et al disclose where said bearing projection (Annotated Figure A) and said bearing cutout (the surface as disclosed by ¶ 116) annularly surround said pivot shaft axis (X; Annotated Figure A).
Regarding Claim 5, Delplanque et al disclose where said bearing ring (87) is received in a bearing bushing (Annotated Figure A) supported on said butterfly valve housing (3).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable as obvious over Delplanque et al (US 2017/0284310) in view of Botella et al (US 10,982,771).
Regarding Claim 8, Delplanque et al disclose all essential elements of the current invention as discussed above but is fails to expressly disclose where said pivot shaft head forms an integral constituent part of the pivot shaft.
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 Delplanque et al to provide for where said pivot shaft head forms an integral constituent part of the pivot shaft, since it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art. The motivation for doing so would be to reduce the number of parts within the system, thereby reducing manufacturing time.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Delplanque et al (US 2017/0284310) in view of Botella et al (US 10,982,771) in further view of Ichikawa et al (US 2004/0224200).
Regarding Claim 10, Delplanque et al, as modified by Botella et al teach all essential elements of the current invention as discussed above but is moot to where said butterfly valve assembly is for the gas flow in a fuel cell system in a vehicle.
Ichikawa et al disclose a butterfly valve assembly (Figure 2) where the butterfly valve assembly (Figure 2) is for the gas flow in a fuel cell system (Figure 1) in a vehicle (¶ 18).
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 assembly of Delplanque et al with the system as taught by Ichikawa et al for the advantage of combining prior art elements according to known methods (the assembly of Delplanque et al with the system of Ichikawa et al) to yield predictable results (to control air pressure within the system).
Additionally or alternatively, 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 valve of Delplanque et al as modified by Botella et al to be used in a fuel cell system as taught by Ichikawa et al for the purpose of utilizing the valve of Delplanque et al as modified by Botella et al in an alternative system such as a fuel cell system in which control valves are known and desired.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ichikawa et al (US 2004/0224200) in view of Delplanque et al (US 2017/0284310) in further view of Botella et al (US 10,982,771).
Regarding Claim 11, Ichikawa et al disclose a fuel cell system (Figure 1) for a vehicle (¶ 18). The fuel cell system comprising:
a butterfly valve assembly (Figure 2) including:
a butterfly valve housing (250) defining a gas flow channel (225);
a butterfly valve (278) adjustable in said butterfly valve housing between a closed position (¶ 34) so as to prevent a gas flow through said gas flow channel (¶ 34) and at least one open position (¶ 34) opening up said gas flow channel for a passage of flow (¶ 34);
a pivot shaft drive (258);
a pivot shaft (276) rotatable about a pivot shaft axis (along the shaft 276) and having a first pivot shaft end portion (to the right as seen in Figure 2 at bearing 280b) and a second pivot shaft end portion (to the left as seen in Figure 2 at bearing 280a);
said butterfly valve (278) having a disc-shaped butterfly valve element supported on said pivot shaft (278; ¶ 7);
said first pivot shaft end portion (to the right as seen in Figure 2 at bearing 280b) being provided for coupling to said pivot shaft drive (via 306) and, in a first shaft bearing region (the general area of shaft 276 at 282b), being supported on said butterfly valve housing so as to be rotatable about said pivot shaft axis (Figure 2);
said second pivot shaft end portion (to the left as seen in Figure 2 at bearing 280a), in a second shaft bearing region (the general area of shaft 276 at 282a), being supported on said butterfly valve housing so as to be rotatable about said pivot shaft axis (Figure 2);
but fails to expressly disclose at least one shaft bearing region out of said first and second shaft bearing regions including a ball joint bearing arrangement rotatably supporting said pivot shaft at said butterfly valve housing and having a bearing region with a bearing projection arranged on said pivot shaft so as to surround said pivot shaft axis and protrude in a direction of a counterpart bearing region on said butterfly valve housing, said counterpart bearing region including a bearing ring supported on said butterfly valve housing and having an opening through which the pivot shaft extends with a radial play, so that said pivot shaft is tiltable with its length portion extending through said bearing ring in relation to said bearing ring, said ball bearing arrangement, on said counterpart bearing ring, having a bearing cutout of frustoconical form arranged so as to surround said pivot shaft axis and at least partially receive said bearing projection,
where said bearing region includes a radially protruding pivot shaft head on the pivot shaft, the bearing projection is formed on a side of the pivot shaft head facing toward said counterpart bearing region so as to convexly bulge in the direction of said counterpart bearing region, for axially and radially supporting said pivot shaft head at said frustoconical bearing cutout of said bearing ring and, thereby, supporting said pivot shaft at said butterfly valve housing in an axial direction and in a radial direction relative to said pivot shaft axis.
Delplanque et al teach a butterfly valve assembly (Figure 1). The assembly comprising:
a butterfly valve housing (3) defining a gas flow channel (15);
a butterfly valve (5) adjustable in said butterfly valve housing (3) between a closed position (¶ 48) so as to prevent a gas flow through said gas flow channel (¶ 48) and at least one open position (¶ 48) opening up said gas flow channel for a passage of flow (¶ 48);
a pivot shaft drive (11);
a pivot shaft (7) rotatable about a pivot shaft axis (X) and having a first pivot shaft end portion (35) and a second pivot shaft end portion (the lowest portion of pivot shaft 7 inserted in the lower portion of the housing shown in Figure 1);
said butterfly valve (5) having a disc-shaped butterfly valve element (¶ 52; Figure 1) supported on said pivot shaft (Figure 1; ¶ 52);
said first pivot shaft end portion (35) being provided for coupling to said pivot shaft drive (Figure 4 via 25) and, in a first shaft bearing region (shown generally in Figure 4), being supported on said butterfly valve housing (3; Figure 4) so as to be rotatable about said pivot shaft axis (X);
said second pivot shaft end portion (the lowest portion of pivot shaft 7 inserted in the lower portion of the housing shown in Figure 1), in a second shaft bearing region (the lowest end of the pivot shaft generally), being supported on said butterfly valve housing so as to be rotatable about said pivot shaft axis (Figure 1); and,
at least one shaft bearing region out of said first and second shaft bearing regions (the first shaft bearing region shown generally in Figure 4) including a bearing arrangement (Annotated Figure A) rotatably supporting said pivot shaft (7) at said butterfly valve housing (at 3; Annotated Figure A) and having a bearing region (generally the lower end of 89 shown in Annotated Figure A) with a bearing projection (Annotated Figure A) arranged on said pivot shaft (7) so as to surround said pivot shaft axis (X) and protrude in a direction of a counterpart bearing region (the bearing projection protrudes down to the counterpart bearing region as seen in Annotated Figure A) on said butterfly valve housing (the counterpart bearing region is on the butterfly valve housing (87 via 3) in the same way as applicant’s invention),
said counterpart bearing region (Annotated Figure A) includes a bearing ring (87) supported on said butterfly valve housing (87 via 3 in the same way as applicant’s invention) and having an opening (at the center through which shaft 7 extends) through which the pivot shaft extends (shown with the pivot shaft 7 extending through in Figure 4) with a radial play (Figure 4 shows a space between the bearing ring 87 and the pivot shaft 7 thereby allowing radial play between the shaft and the bearing ring), so that said pivot shaft (7) is tiltable (about the interaction between 87 and 89) with its length portion extending through said bearing ring in relation to said bearing ring (see Annotated Figure A),
said bearing arrangement (Annotated Figure A), on said counterpart bearing ring (Annotated Figure A), having a bearing cutout of frustoconical form (the surface as disclosed by ¶ 116; the frustoconical form shown in Figure 4) arranged so as to surround said pivot shaft axis (X) and at least partially receive said bearing projection (Figure 4),
where said bearing region (shown generally in Figure 4) includes a radially protruding pivot shaft head (89) on the pivot shaft (7; Figure 4); and, the bearing projection (Annotated Figure A) is formed on a side of the pivot shaft head facing toward said counterpart bearing region (downward as shown in Annotated Figure A) so as to bulge in the direction of said counterpart bearing region (downward as shown in Annotated Figure A) for axially and radially supporting said pivot shaft head (89) at said frustoconical bearing cutout of said bearing ring (the surface as disclosed by ¶ 116; the frustoconical form shown in Figure 4) and, thereby, supporting said pivot shaft at said butterfly valve housing in an axial direction and in a radial direction relative to said pivot shaft axis (Figure 4),
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 assembly of Ichikawa et al with the system as taught by Delplanque et al for the advantage of combining prior art elements according to known methods (the assembly of Delplanque et al with the system of Ichikawa et al) to yield predictable results (to control air pressure within the system).
Ichikawa et al, as modified by Delplanque et al fails to expressly teach where the bearing arrangement is a ball joint bearing arrangement and where the bearing projection convexly bulges.
Botella et al teach a butterfly valve assembly (Figures 2-5) with a bearing arrangement (generally shown in Figure 5) where the bearing arrangement is a ball joint bearing arrangement (with spherical surface 51 taught in Col 4, lines 22-25) and where the bearing projection convexly bulges (Figure 5; with spherical surface 51 taught in Col 4, lines 22-25).
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 bearing arrangement of Delplanque et al with the ball joint bearing arrangement as taught by Botella et al for the advantage of providing excellent sealing even if there is a minor offset between the parts, as taught by Botella et al (Col 5, lines 57-60).
Claim(s) 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Delplanque et al (US 2017/0284310) in further view of Botella et al (US 10,982,771) in further view of Kipp et al (US 5,630,571).
Regarding Claim 14, Delplanque et al disclose a butterfly valve assembly (Figure 1). The assembly comprising:
a butterfly valve housing (3) defining a gas flow channel (15);
a butterfly valve (5) adjustable in said butterfly valve housing (3) between a closed position (¶ 48) so as to prevent a gas flow through said gas flow channel (¶ 48) and at least one open position (¶ 48) opening up said gas flow channel for a passage of flow (¶ 48);
a pivot shaft drive (11);
a pivot shaft (7) rotatable about a pivot shaft axis (X) and having a first pivot shaft end portion (35) and a second pivot shaft end portion (the lowest portion of pivot shaft 7 inserted in the lower portion of the housing shown in Figure 1);
said butterfly valve (5) having a disc-shaped butterfly valve element (¶ 52; Figure 1) supported on said pivot shaft (Figure 1; ¶ 52);
said first pivot shaft end portion (35) being provided for coupling to said pivot shaft drive (Figure 4 via 25) and, in a first shaft bearing region (shown generally in Figure 4), being supported on said butterfly valve housing (3; Figure 4) so as to be rotatable about said pivot shaft axis (X);
said second pivot shaft end portion (the lowest portion of pivot shaft 7 inserted in the lower portion of the housing shown in Figure 1), in a second shaft bearing region (the lowest end of the pivot shaft generally), being supported on said butterfly valve housing so as to be rotatable about said pivot shaft axis (Figure 1); and,
at least one shaft bearing region out of said first and second shaft bearing regions (the first shaft bearing region shown generally in Figure 4) including a bearing arrangement (Annotated Figure A) rotatably supporting said pivot shaft (7) at said butterfly valve housing (at 3; Annotated Figure A) and having a bearing region (generally the lower end of 89 shown in Annotated Figure A) with a bearing projection (Annotated Figure A) arranged on said pivot shaft (7) so as to surround said pivot shaft axis (X) and protrude in a direction of a counterpart bearing region (the bearing projection protrudes down to the counterpart bearing region as seen in Annotated Figure A) on said butterfly valve housing (the counterpart bearing region is on the butterfly valve housing (87 via 3) in the same way as applicant’s invention),
said counterpart bearing region (Annotated Figure A) includes a bearing ring (87) supported on said butterfly valve housing (87 via 3 in the same way as applicant’s invention) and having an opening (at the center through which shaft 7 extends) through which the pivot shaft extends (shown with the pivot shaft 7 extending through in Figure 4) with a radial play (Figure 4 shows a space between the bearing ring 87 and the pivot shaft 7 thereby allowing radial play between the shaft and the bearing ring), so that said pivot shaft (7) is tiltable (about the interaction between 87 and 89) with its length portion extending through said bearing ring in relation to said bearing ring (see Annotated Figure A),
said bearing arrangement (Annotated Figure A), on said counterpart bearing ring (Annotated Figure A), having a bearing cutout (the surface as disclosed by ¶ 116; the form shown in Figure 4) arranged so as to surround said pivot shaft axis (X) and at least partially receive said bearing projection (Figure 4),
where said bearing region (shown generally in Figure 4) includes a radially protruding pivot shaft head (89) on the pivot shaft (7; Figure 4); and, the bearing projection (Annotated Figure A) is formed on a side of the pivot shaft head facing toward said counterpart bearing region (downward as shown in Annotated Figure A) so as to bulge in the direction of said counterpart bearing region (downward as shown in Annotated Figure A) for axially and radially supporting said pivot shaft head (89) at said bearing cutout of said bearing ring (the surface as disclosed by ¶ 116) and, thereby, supporting said pivot shaft at said butterfly valve housing in an axial direction and in a radial direction relative to said pivot shaft axis (Figure 4),
but fails to expressly disclose where the bearing arrangement is a ball joint bearing arrangement, having a concavely bulged bearing cutout and where the bearing projection convexly bulges in the direction of said concavely bulged bearing cutout.
Botella et al teach a butterfly valve assembly (Figures 2-5) with a bearing arrangement (generally shown in Figure 5) where the bearing arrangement is a ball joint bearing arrangement (with spherical surface 51 taught in Col 4, lines 22-25) and where the bearing projection convexly bulges (Figure 5; with spherical surface 51 taught in Col 4, lines 22-25).
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 bearing arrangement of Delplanque et al with the ball joint bearing arrangement as taught by Botella et al for the advantage of providing excellent sealing even if there is a minor offset between the parts, as taught by Botella et al (Col 5, lines 57-60).
Kipp et al teach a flow control valve (Figure 1) with a bearing arrangement (generally shown in Figure 1) having a concavely bulged bearing cutout (82) and where the bearing projection (72) convexly bulges in the direction of said concavely bulged bearing cutout (Figure 1; Col 4, lines 43-45).
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 bearing arrangement of Delplanque et al as modified by Botella et al with the bearing arrangement as taught by Kipp et al for the advantage of securing the annular shaft within the bearing arrangement via a socket joint, as taught by Kipp et al (Col 4, lines 47-51).
Regarding Claim 15, Kipp et al teach where a radius of curvature of said concavely bulged bearing cutout (82) corresponds to a radius of curvature of said convexly bulged bearing projection (72; Figure 1).
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable as obvious over Delplanque et al (US 2017/0284310) in further view of Botella et al (US 10,982,771) in further view of Kipp et al (US 5,630,571).
Regarding Claim 16, Kipp et al teach said concavely bulbed bearing cutout and said convexly bulged bearing projection as discussed above but fails to expressly teach where a radius of curvature of said concavely bulged bearing cutout is larger than a radius of curvature of said convexly bulged bearing projection.
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 radius of curvature of said concavely bulged bearing cutout is larger than a radius of curvature of said convexly bulged bearing projection since a change in shape of an element involves only routine skill in the art. The motivation for doing so would be to provide a shape that easily allows for seating within the concavely bulged bearing cutout.
Claim(s) 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ichikawa et al (US 2004/0224200) in view of Delplanque et al (US 2017/0284310) in further view of Botella et al (US 10,982,771) in further view of Kipp et al (US 5,630,571).
Regarding Claim 17, Ichikawa et al disclose a fuel cell system (Figure 1) for a vehicle (¶ 18). The fuel cell system comprising:
a butterfly valve assembly (Figure 2) including:
a butterfly valve housing (250) defining a gas flow channel (225);
a butterfly valve (278) adjustable in said butterfly valve housing between a closed position (¶ 34) so as to prevent a gas flow through said gas flow channel (¶ 34) and at least one open position (¶ 34) opening up said gas flow channel for a passage of flow (¶ 34);
a pivot shaft drive (258);
a pivot shaft (276) rotatable about a pivot shaft axis (along the shaft 276) and having a first pivot shaft end portion (to the right as seen in Figure 2 at bearing 280b) and a second pivot shaft end portion (to the left as seen in Figure 2 at bearing 280a);
said butterfly valve (278) having a disc-shaped butterfly valve element supported on said pivot shaft (278; ¶ 7);
said first pivot shaft end portion (to the right as seen in Figure 2 at bearing 280b) being provided for coupling to said pivot shaft drive (via 306) and, in a first shaft bearing region (the general area of shaft 276 at 282b), being supported on said butterfly valve housing so as to be rotatable about said pivot shaft axis (Figure 2);
said second pivot shaft end portion (to the left as seen in Figure 2 at bearing 280a), in a second shaft bearing region (the general area of shaft 276 at 282a), being supported on said butterfly valve housing so as to be rotatable about said pivot shaft axis (Figure 2);
but fails to expressly disclose at least one shaft bearing region out of said first and second shaft bearing regions including a ball joint bearing arrangement rotatably supporting said pivot shaft at said butterfly valve housing and having a bearing region with a bearing projection arranged on said pivot shaft so as to surround said pivot shaft axis and protrude in a direction of a counterpart bearing region on said butterfly valve housing, said counterpart bearing region including a bearing ring supported on said butterfly valve housing and having an opening through which the pivot shaft extends with a radial play, so that said pivot shaft can tilt with its length portion extending through said bearing ring in relation to said bearing ring, said ball bearing arrangement, on said counterpart bearing ring, having a concavely bulged bearing cutout arranged so as to surround said pivot shaft axis and at least partially receive said bearing projection,
where said bearing region includes a radially protruding pivot shaft head on the pivot shaft, the bearing projection is formed on a side of the pivot shaft head facing toward said counterpart bearing region so as to convexly bulge in the direction of said concavely bulged bearing cutout of said counterpart bearing region, for axially and radially supporting said pivot shaft head at said frustoconical bearing cutout of said bearing ring and, thereby, supporting said pivot shaft at said butterfly valve housing in an axial direction and in a radial direction relative to said pivot shaft axis.
Delplanque et al teach a butterfly valve assembly (Figure 1). The assembly comprising:
a butterfly valve housing (3) defining a gas flow channel (15);
a butterfly valve (5) adjustable in said butterfly valve housing (3) between a closed position (¶ 48) so as to prevent a gas flow through said gas flow channel (¶ 48) and at least one open position (¶ 48) opening up said gas flow channel for a passage of flow (¶ 48);
a pivot shaft drive (11);
a pivot shaft (7) rotatable about a pivot shaft axis (X) and having a first pivot shaft end portion (35) and a second pivot shaft end portion (the lowest portion of pivot shaft 7 inserted in the lower portion of the housing shown in Figure 1);
said butterfly valve (5) having a disc-shaped butterfly valve element (¶ 52; Figure 1) supported on said pivot shaft (Figure 1; ¶ 52);
said first pivot shaft end portion (35) being provided for coupling to said pivot shaft drive (Figure 4 via 25) and, in a first shaft bearing region (shown generally in Figure 4), being supported on said butterfly valve housing (3; Figure 4) so as to be rotatable about said pivot shaft axis (X);
said second pivot shaft end portion (the lowest portion of pivot shaft 7 inserted in the lower portion of the housing shown in Figure 1), in a second shaft bearing region (the lowest end of the pivot shaft generally), being supported on said butterfly valve housing so as to be rotatable about said pivot shaft axis (Figure 1); and,
at least one shaft bearing region out of said first and second shaft bearing regions (the first shaft bearing region shown generally in Figure 4) including a bearing arrangement (Annotated Figure A) rotatably supporting said pivot shaft (7) at said butterfly valve housing (at 3; Annotated Figure A) and having a bearing region (generally the lower end of 89 shown in Annotated Figure A) with a bearing projection (Annotated Figure A) arranged on said pivot shaft (7) so as to surround said pivot shaft axis (X) and protrude in a direction of a counterpart bearing region (the bearing projection protrudes down to the counterpart bearing region as seen in Annotated Figure A) on said butterfly valve housing (the counterpart bearing region is on the butterfly valve housing (87 via 3) in the same way as applicant’s invention),
said counterpart bearing region (Annotated Figure A) includes a bearing ring (87) supported on said butterfly valve housing (87 via 3 in the same way as applicant’s invention) and having an opening (at the center through which shaft 7 extends) through which the pivot shaft extends (shown with the pivot shaft 7 extending through in Figure 4) with a radial play (Figure 4 shows a space between the bearing ring 87 and the pivot shaft 7 thereby allowing radial play between the shaft and the bearing ring), so that said pivot shaft (7) is tiltable (about the interaction between 87 and 89) with its length portion extending through said bearing ring in relation to said bearing ring (see Annotated Figure A),
said bearing arrangement (Annotated Figure A), on said counterpart bearing ring (Annotated Figure A), having a bearing cutout (the surface as disclosed by ¶ 116; the form shown in Figure 4) arranged so as to surround said pivot shaft axis (X) and at least partially receive said bearing projection (Figure 4),
where said bearing region (shown generally in Figure 4) includes a radially protruding pivot shaft head (89) on the pivot shaft (7; Figure 4); and, the bearing projection (Annotated Figure A) is formed on a side of the pivot shaft head facing toward said counterpart bearing region (downward as shown in Annotated Figure A) so as to bulge in the direction of said counterpart bearing region (downward as shown in Annotated Figure A) for axially and radially supporting said pivot shaft head (89) at said bearing cutout of said bearing ring (the surface as disclosed by ¶ 116) and, thereby, supporting said pivot shaft at said butterfly valve housing in an axial direction and in a radial direction relative to said pivot shaft axis (Figure 4),
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 assembly of Ichikawa et al with the system as taught by Delplanque et al for the advantage of combining prior art elements according to known methods (the assembly of Delplanque et al with the system of Ichikawa et al) to yield predictable results (to control air pressure within the system).
Ichikawa et al, as modified by Delplanque et al fails to expressly disclose where the bearing arrangement is a ball joint bearing arrangement, having a concavely bulged bearing cutout and where the bearing projection convexly bulges in the direction of said concavely bulged bearing cutout.
Botella et al teach a butterfly valve assembly (Figures 2-5) with a bearing arrangement (generally shown in Figure 5) where the bearing arrangement is a ball joint bearing arrangement (with spherical surface 51 taught in Col 4, lines 22-25) and where the bearing projection convexly bulges (Figure 5; with spherical surface 51 taught in Col 4, lines 22-25).
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 bearing arrangement of Delplanque et al with the ball joint bearing arrangement as taught by Botella et al for the advantage of providing excellent sealing even if there is a minor offset between the parts, as taught by Botella et al (Col 5, lines 57-60).
Kipp et al teach a flow control valve (Figure 1) with a bearing arrangement (generally shown in Figure 1) having a concavely bulged bearing cutout (82) and where the bearing projection (72) convexly bulges in the direction of said concavely bulged bearing cutout (Figure 1; Col 4, lines 43-45).
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 bearing arrangement of Delplanque et al as modified by Botella et al with the bearing arrangement as taught by Kipp et al for the advantage of securing the annular shaft within the bearing arrangement via a socket joint, as taught by Kipp et al (Col 4, lines 47-51).
Regarding Claim 18, Kipp et al teach where a radius of curvature of said concavely bulged bearing cutout (82) corresponds to a radius of curvature of said convexly bulged bearing projection (72; Figure 1).
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable as obvious over Ichikawa et al (US 2004/0224200) in view of Delplanque et al (US 2017/0284310) in further view of Botella et al (US 10,982,771) in further view of Kipp et al (US 5,630,571).
Regarding Claim 19, Kipp et al teach all essential elements of the current invention as discussed above but fails to expressly teach where a radius of curvature of said concavely bulged bearing cutout is larger than a radius of curvature of said convexly bulged bearing projection.
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 radius of curvature of said concavely bulged bearing cutout is larger than a radius of curvature of said convexly bulged bearing projection since a change in shape of an element involves only routine skill in the art. The motivation for doing so would be to provide a shape that easily allows for seating within the concavely bulged bearing cutout.
Response to Arguments
Applicant's arguments filed 28 Oct 2025 have been fully considered but they are not persuasive.
First, Applicant amends the claims to incorporate limitations directed to provide “for axially and radially supporting said pivot shaft head at said frustoconical bearing cutout of said bearing ring and, thereby, supporting said pivot shaft at said butterfly valve housing in an axial direction and in a radial direction relative to said pivot shaft axis”. As discussed above, Delplanque et al disclose where said bearing region (shown generally in Figure 4) includes a radially protruding pivot shaft head (89) on the pivot shaft (7; Figure 4); and, the bearing projection (Annotated Figure A) is formed on a side of the pivot shaft head facing toward said counterpart bearing region (downward as shown in Annotated Figure A) so as to bulge in the direction of said counterpart bearing region (downward as shown in Annotated Figure A) for axially and radially supporting said pivot shaft head (89) at said frustoconical bearing cutout of said bearing ring (the surface as disclosed by ¶ 116; the frustoconical form shown in Figure 4) and, thereby, supporting said pivot shaft at said butterfly valve housing in an axial direction and in a radial direction relative to said pivot shaft axis (Figure 4) a required by the Claims.
Additionally, Applicant amend the Claims to incorporate limitations directed to where said pivot shaft is tiltable with its length portion extending through said bearing ring in relation to said bearing ring and argues that the prior art fails to disclose or teach this limitation. However, as discussed above Delplanque et al disclose where said counterpart bearing region (Annotated Figure A) includes a bearing ring (87) supported on said butterfly valve housing (87 via 3 in the same way as applicant’s invention) and having an opening (at the center through which shaft 7 extends) through which the pivot shaft extends (shown with the pivot shaft 7 extending through in Figure 4) with a radial play (Figure 4 shows a space between the bearing ring 87 and the pivot shaft 7 thereby allowing radial play between the shaft and the bearing ring), so that said pivot shaft (7) is tiltable (about the interaction between 87 and 89) with its length portion extending through said bearing ring in relation to said bearing ring (see Annotated Figure A). Therefore, the pivot shaft is able to be tilted about the interaction between 89 and 87 as a result of the radial play defined by the space between the bearing ring 87 and the shaft 7 as seen in Figure 4).
Further, Applicant argues that one of ordinary skill in the art can deduce from the position of the bushing 78 of Kipp, that the ring 87 is not intended to radially support a radial shaft. However, Kipp is provided to teach a flow control valve (Figure 1) with a bearing arrangement (generally shown in Figure 1) having a concavely bulged bearing cutout (82) and where the bearing projection (72) convexly bulges in the direction of said concavely bulged bearing cutout (Figure 1; Col 4, lines 43-45). 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 bearing arrangement of Delplanque et al as modified by Botella et al with the bearing arrangement as taught by Kipp et al for the advantage of securing the annular shaft within the bearing arrangement via a socket joint, as taught by Kipp et al (Col 4, lines 47-51). As discussed above, Delplanque et al disclose where said bearing region (shown generally in Figure 4) includes a radially protruding pivot shaft head (89) on the pivot shaft (7; Figure 4); and, the bearing projection (Annotated Figure A) is formed on a side of the pivot shaft head facing toward said counterpart bearing region (downward as shown in Annotated Figure A) so as to bulge in the direction of said counterpart bearing region (downward as shown in Annotated Figure A) for axially and radially supporting said pivot shaft head (89) at said frustoconical bearing cutout of said bearing ring (the surface as disclosed by ¶ 116; the frustoconical form shown in Figure 4) and, thereby, supporting said pivot shaft at said butterfly valve housing in an axial direction and in a radial direction relative to said pivot shaft axis (Figure 4) a required by the Claims.
Therefore, these arguments are unpersuasive.
Conclusion
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.
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/NICOLE GARDNER/
Examiner, Art Unit 3753
/KENNETH RINEHART/Supervisory Patent Examiner, Art Unit 3753