DETAILED ACTION
Final Rejection
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 .
Response to Amendment
The amendment filed 30 March 2026 has been entered. Claims 1-9 are pending in the application.
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.
Claims 1-3 and 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bachofer (U.S. Patent Publication 2015/0233483).
Regarding claim 1, Bachofer discloses a valve device 2 comprising:
a drive device 3 that is configured to output a rotational force;
a valve element 15/18 that has a flow passage 26/19/20 which is configured to conduct a fluid through the flow passage, wherein the valve element is configured to adjust a flow rate of the fluid flowing in the flow passage when the valve element is rotated about a predetermined central axis by the rotational force outputted from the drive device;
a housing main body 5 that has:
a main-body peripheral wall (vertical portion of 5 opposite 7, in FIG. 2) which surrounds the predetermined central axis and forms a receiving space 57, wherein the receiving space receives the valve element; and
an opening (top of 5 wherein 6 is positioned) which is formed at the housing main body on one side in an axial direction of the predetermined central axis;
a main-body cover 6 that has a cover peripheral wall (vertical portion of 6 radially inside 11) which surrounds the predetermined central axis, wherein the main-body cover is fastened to the housing main body and thereby closes the receiving space (FIG. 2); and
a seal member 11 that is resiliently deformed between the housing main body and the main-body cover to seal a gap between the housing main body and the main-body cover, wherein:
the housing main body has:
a main-body connecting portion (vertical portion of 5 radially outside 11) that radially outwardly extends from the main-body peripheral wall to a location which is on a radially outer side of the seal member in a radial direction of the predetermined central axis (FIG. 2); and
a main-body fastening portion (see Annotated FIG. 1 below), that has a main body insertion hole (through which the screw goes through, see FIG. 1) and is joined to a radially outer end part of the main-body connecting portion, wherein the main-body fastening portion has a fastening surface (top face main-body fastening portion in annotate FIG. 1 below) which surrounds the main body insertion hole and contacts the main-body cover;
the main-body cover has:
a cover connecting portion (horizontal portion of 6 contacting the top surface of 11) that radially outwardly extends from the cover peripheral wall to a location which is on the radially outer side of the seal member in the radial direction of the predetermined central axis; and
a cover fastening portion (see Annotated FIG. 1 below) that has a cover insertion hole (through which the screw goes through, see FIG. 1) and is joined to a radially outer end part of the cover connecting portion, wherein the cover fastening portion has a contact surface (bottom face of cover fastening portion in annotate FIG. 1 below) which surrounds the cover insertion hole and contacts the fastening surface, and a fastener (screw, seen in FIG. 1, and in annotation of FIG. 1 going through the main-body fastening portion and the cover fastening portion) is inserted into both the main body insertion hole and the cover insertion hole to fasten the main body cover to the housing main body;
at least one of the housing main body and the main-body cover has a corresponding one of:
a rigidity reducing structure that includes a main-body rigidity reducing part (cutaway accommodating 11) that reduces a rigidity of the main-body connecting portion in comparison to a case where the main-body rigidity reducing part is absent at the main-body connecting portion (absent the presence of a cutout, the housing would be more rigid, therefore, the cutout is a structure that reduces the rigidity); and
a rigidity reducing structure that includes a cover rigidity reducing part (notches on the underside of 6, as seen in FGI. 2) that reduces a rigidity of the cover connecting portion in comparison to a case where the cover rigidity reducing part is absent at the cover connecting portion (absent the presence of the notches, the cover would be more rigid, therefore, the cutout is a structure that reduces the rigidity);
at least one of the rigidity reducing structures is a structure that has a space which reduces the rigidity of a corresponding one of the main-body connecting portion and the cover connecting portion (absent the presence of the notches/cutout, the structure would be more rigid, therefore, the cutout is a structure that reduces the rigidity); and
a location of the fastening surface is displaced from an installation location of the seal member in the axial direction of the predetermined central axis (FIG. 1-2; Paragraph 35-36, 53).
Annotation from Bachofer FIG. 1
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Regarding claim 2, Bachofer discloses a shaft 33 that is configured to be rotated integrally with the valve element 25 about the predetermined central axis, wherein:
the main-body cover has:
a shaft support portion (portion of 6 directly above 51, contacting 33) that is located on a radially inner side of the cover rigidity reducing part in the radial direction of the predetermined central axis and rotatably supports one axial side of the shaft located on the one side in the axial direction in a state where the shaft is inserted through the shaft support portion; and
a shaft seal 51 that seals a gap between an outer periphery of the shaft and an inner periphery of the shaft support portion (FIG. 2; Paragraph 50).
Regarding claim 3, Bachofer discloses a stationary disk 18 that has at least one passage hole 19/20 which is configured to conduct the fluid through the at least one passage hole, wherein:
the valve element includes a rotor 25 that has:
the flow passage 26 which is placed at a location that overlaps with the at least one passage hole in the axial direction of the predetermined central axis; and
a shaft insertion hole 28 through which the shaft is inserted, wherein the rotor is configured to adjust a flow rate of the fluid, which flows in the at least one passage hole, when the rotor is rotated about the predetermined central axis in response to rotation of the shaft to change an overlapping range between the at least one passage hole and the flow passage; and
a predetermined gap is formed between an inner periphery of the shaft insertion hole and the outer periphery of the shaft (FIG. 1-3; Paragraph 42, 51).
Regarding claim 6, Bachofer discloses a valve device 2 comprising:
a drive device 3 that is configured to output a rotational force;
a valve element 15/18 that has a flow passage 26/19/20 which is configured to conduct a fluid through the flow passage, wherein the valve element is configured to adjust a flow rate of the fluid flowing in the flow passage when the valve element is rotated about a predetermined central axis by the rotational force outputted from the drive device;
a housing main body 5 that has:
a main-body peripheral wall (vertical portion of 5 opposite 7, in FIG. 2) which surrounds the predetermined central axis and forms a receiving space 57, wherein the receiving space receives the valve element; and
an opening (top of 5 wherein 6 is positioned) which is formed at the housing main body on one side in an axial direction of the predetermined central axis;
a main-body cover 6 that has a cover peripheral wall (vertical portion of 6 radially inside 11) which surrounds the predetermined central axis, wherein the main-body cover is fastened to the housing main body and thereby closes the receiving space (FIG. 2); and
a seal member 11 that is resiliently deformed between the housing main body and the main-body cover to seal a gap between the housing main body and the main-body cover, wherein:
the housing main body has:
a main-body connecting portion (vertical portion of 5 radially outside 11) that radially outwardly extends from the main-body peripheral wall to a location which is on a radially outer side of the seal member in a radial direction of the predetermined central axis (FIG. 2); and
a main-body fastening portion (see Annotated FIG. 1 above), that has a main body insertion hole (through which the screw goes through, see FIG. 1) and is joined to a radially outer end part of the main-body connecting portion, wherein the main-body fastening portion has a fastening surface (top face main-body fastening portion in annotate FIG. 1 above) which surrounds the main body insertion hole and contacts the main-body cover;
the main-body cover has:
a cover connecting portion (horizontal portion of 6 contacting the top surface of 11) that radially outwardly extends from the cover peripheral wall to a location which is on the radially outer side of the seal member in the radial direction of the predetermined central axis; and
a cover fastening portion (see Annotated FIG. 1 above) that has a cover insertion hole (through which the screw goes through, see FIG. 1) and is joined to a radially outer end part of the cover connecting portion, wherein the cover fastening portion has a contact surface (bottom face of cover fastening portion in annotate FIG. 1 above) which surrounds the cover insertion hole and contacts the fastening surface, and a fastener (screw, seen in FIG. 1, and in annotation of FIG. 1 going through the main-body fastening portion and the cover fastening portion) is inserted into both the main body insertion hole and the cover insertion hole to fasten the main body cover to the housing main body;
at least one of the housing main body and the main-body cover has a corresponding one of:
a rigidity reducing structure that includes a main-body rigidity reducing part (cutaway accommodating 11) that reduces a rigidity of the main-body connecting portion in comparison to a case where the main-body rigidity reducing part is absent at the main-body connecting portion (absent the presence of a cutout, the housing would be more rigid, therefore, the cutout is a structure that reduces the rigidity); and
a rigidity reducing structure that includes a cover rigidity reducing part (notches on the underside of 6, as seen in FGI. 2) that reduces a rigidity of the cover connecting portion in comparison to a case where the cover rigidity reducing part is absent at the cover connecting portion (absent the presence of the notches, the cover would be more rigid, therefore, the cutout is a structure that reduces the rigidity);
at least one of the rigidity reducing structures is a structure that has a space which reduces the rigidity of a corresponding one of the main-body connecting portion and the cover connecting portion (absent the presence of the notches/cutout, the structure would be more rigid, therefore, the cutout is a structure that reduces the rigidity); and
a location of the fastening surface is displaced from an installation location of the main-body connecting portion in the axial direction of the predetermined central axis (FIG. 1-2; Paragraph 35-36, 53).
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.
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.
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.
Claims 5 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Bachofer in view of Enoki (U.S. Patent 5,730,167).
Regarding claim 5, Bachofer discloses the claimed invention substantially as claimed, as set forth above for claim 1.
Bachofer further discloses at least one of the main-body rigidity reducing part and the cover rigidity reducing part is in a bottomed form and has an opening on one side and a closed bottom on an opposite side that is opposite to the one side (FIG. 2).
Bachofer is silent regarding the housing main body and the main-body cover are made of resin.
However Enoki teaches making the housing components 11 of a valve device out of resin (Col. 12 ln 41-50).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to modify Bachofer by using resin to make the housing main body and the main-body cover, as taught by Enoki, for the purpose of utilizing a known material capable of withstanding the environment within which the valve device will be employed.
Regarding claim 7, Bachofer discloses a valve device 2 comprising:
a drive device 3 that is configured to output a rotational force;
a valve element 15/18 that has a flow passage 26/19/20 which is configured to conduct a fluid through the flow passage, wherein the valve element is configured to adjust a flow rate of the fluid flowing in the flow passage when the valve element is rotated about a predetermined central axis by the rotational force outputted from the drive device;
a housing main body 5 that has:
a main-body peripheral wall (vertical portion of 5 opposite 7, in FIG. 2) which surrounds the predetermined central axis and forms a receiving space 57, wherein the receiving space receives the valve element; and
an opening (top of 5 wherein 6 is positioned) which is formed at the housing main body on one side in an axial direction of the predetermined central axis;
a main-body cover 6 that has a cover peripheral wall (vertical portion of 6 radially inside 11) which surrounds the predetermined central axis, wherein the main-body cover is fastened to the housing main body and thereby closes the receiving space (FIG. 2); and
a seal member 11 that is resiliently deformed between the housing main body and the main-body cover to seal a gap between the housing main body and the main-body cover, wherein:
the housing main body has:
a main-body connecting portion (vertical portion of 5 radially outside 11) that radially outwardly extends from the main-body peripheral wall to a location which is on a radially outer side of the seal member in a radial direction of the predetermined central axis (FIG. 2); and
a main-body fastening portion (see Annotated FIG. 1 above), that has a main body insertion hole (through which the screw goes through, see FIG. 1) and is joined to a radially outer end part of the main-body connecting portion, wherein the main-body fastening portion has a fastening surface (top face main-body fastening portion in annotate FIG. 1 above) which surrounds the main body insertion hole and contacts the main-body cover;
the main-body cover has:
a cover connecting portion (horizontal portion of 6 contacting the top surface of 11) that radially outwardly extends from the cover peripheral wall to a location which is on the radially outer side of the seal member in the radial direction of the predetermined central axis; and
a cover fastening portion (see Annotated FIG. 1 above) that has a cover insertion hole (through which the screw goes through, see FIG. 1) and is joined to a radially outer end part of the cover connecting portion, wherein the cover fastening portion has a contact surface (bottom face of cover fastening portion in annotate FIG. 1 above) which surrounds the cover insertion hole and contacts the fastening surface, and a fastener (screw, seen in FIG. 1, and in annotation of FIG. 1 going through the main-body fastening portion and the cover fastening portion) is inserted into both the main body insertion hole and the cover insertion hole to fasten the main body cover to the housing main body;
at least one of the housing main body and the main-body cover has a corresponding one of:
a rigidity reducing structure that includes a main-body rigidity reducing part (cutaway accommodating 11) that reduces a rigidity of the main-body connecting portion in comparison to a case where the main-body rigidity reducing part is absent at the main-body connecting portion (absent the presence of a cutout, the housing would be more rigid, therefore, the cutout is a structure that reduces the rigidity); and
a rigidity reducing structure that includes a cover rigidity reducing part (notches on the underside of 6, as seen in FGI. 2) that reduces a rigidity of the cover connecting portion in comparison to a case where the cover rigidity reducing part is absent at the cover connecting portion (absent the presence of the notches, the cover would be more rigid, therefore, the cutout is a structure that reduces the rigidity);
at least one of the rigidity reducing structures is a structure that has a space which reduces the rigidity of a corresponding one of the main-body connecting portion and the cover connecting portion (absent the presence of the notches/cutout, the structure would be more rigid, therefore, the cutout is a structure that reduces the rigidity);
a location of the fastening surface is displaced from an installation location of the seal member in the axial direction of the predetermined central axis; and
at least one of the main-body rigidity reducing part and the cover rigidity reducing part is in a bottomed form and has an opening on one side and a closed bottom on an opposite side that is opposite to the one side (FIG. 1-2; Paragraph 35-36, 53).
Bachofer is silent regarding the housing main body and the main-body cover are made of resin.
However Enoki teaches making the housing components 11 of a valve device out of resin (Col. 12 ln 41-50).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to modify Bachofer by using resin to make the housing main body and the main-body cover, as taught by Enoki, for the purpose of utilizing a known material capable of withstanding the environment within which the valve device will be employed.
Claims 4 and 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Bachofer in view of Ottelli (U.S. Patent 6,732,754).
Regarding claim 4, Bachofer discloses the claimed invention substantially as claimed, as set forth above for claim 1.
Bachofer teaches using a screw to fasten the housing main body and the main-body cover (FIG. 1).
Bachofer is silent regarding the fastener being a tapping screw.
However, Ottelli teaches utilizing self-tapping screws 14 to connect two body components of a valve (FIG. 1; Col. 2 ln 35-50).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to modify Bachofer by using tapping screws, as taught by Ottelli, since it has been held that use of suitable equivalent structures involves only routine skill in the art.
Regarding claim 8, Bachofer discloses the claimed invention substantially as claimed, as set forth above for claim 6.
Bachofer teaches using a screw to fasten the housing main body and the main-body cover (FIG. 1).
Bachofer is silent regarding the fastener being a tapping screw.
However, Ottelli teaches utilizing self-tapping screws 14 to connect two body components of a valve (FIG. 1; Col. 2 ln 35-50).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to modify Bachofer by using tapping screws, as taught by Ottelli, since it has been held that use of suitable equivalent structures involves only routine skill in the art.
Regarding claim 9, Bachofer discloses the claimed invention substantially as claimed, as set forth above for claim 7.
Bachofer teaches using a screw to fasten the housing main body and the main-body cover (FIG. 1).
Bachofer is silent regarding the fastener being a tapping screw.
However, Ottelli teaches utilizing self-tapping screws 14 to connect two body components of a valve (FIG. 1; Col. 2 ln 35-50).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to modify Bachofer by using tapping screws, as taught by Ottelli, since it has been held that use of suitable equivalent structures involves only routine skill in the art.
Response to Arguments
Applicant’s arguments, see pages 10-13 of applicant’s response, filed 30 March 2026, with respect to the rejection(s) of claim(s) 1-4 and 6 under 35 U.S.C. 102(a)(1) as being anticipated by Bachofer have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view 35 U.S.C. 102(a)(1) as being anticipated by an alternate interpretation of Bachofer, necessitated by the amendment.
Ottelli has been brought in to teach that the use of tapping screws is a well known means for connecting valve components.
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 CHRISTOPHER D BALLMAN whose telephone number is (571)272-9984. The examiner can normally be reached Mon-Fri 6:00-3:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Craig M 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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/CHRISTOPHER D BALLMAN/Examiner, Art Unit 3753
/CRAIG M SCHNEIDER/Supervisory Patent Examiner, Art Unit 3753
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