DETAILED ACTION
Non-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 .
Information Disclosure Statement
The information disclosure statements (IDS’s) submitted on 18 and 26 September 2023 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Rejections - 35 USC § 112
Claims 1-10 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.
In Claim 1 at lines 10-11 and Claim 6 lines 10-11 the limitation “a housing central axis which extends along the shaft central axis”, and the limitation at Claim 1 lines 24-25 and Claim 6 lines 25-26 “the housing central axis is eccentric with respect to the shaft central axis” appear to be at odds with each other. It is unclear how the housing central axis can be both eccentric with respect to the shaft central axis while also extending along said axis. The limitation “extends along the shaft central axis” appears to indicate the two axes overlap each other. However, the limitations further down in the claim clearly states the axes are eccentric with respect to each other. For purposes of examination, the two axes will be interpreted as being eccentric with respect to each other, pursuant to the disclosure presented in Figures 4-6. Clarification is required with respect to the above described inconsistencies.
Claims 2-5 are rejected based upon their dependence from claim 1. Claims 7-10 are rejected based upon their dependence from claim 6.
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 1-10 are rejected under 35 U.S.C. 103 as being unpatentable over Mizunuma (WO2021/049542, published 18 March 2021) in view of Weyand (U.S. Patent 5, 219,148).
Regarding claim 1, Mizunuma discloses a valve device 10 comprising:
a drive device 16 that is configured to output a rotational force;
a shaft 20 that is configured to be rotated about a shaft central axis CL1 by the rotational force outputted from the drive device;
a stationary disk 14 that has at least one passage hole 141 which is configured to conduct a fluid through the at least one passage hole;
a rotor 22 that is configured to be rotated about the shaft central axis in response to rotation of the shaft to adjust a flow rate of the fluid flowing in the at least one passage hole;
a housing 12 that is shaped in a bottomed tubular form and has a housing central axis CL2 which extends along the shaft central axis, wherein the housing has a peripheral wall which surrounds the housing central axis and receives the stationary disk and the rotor while an opening 120a is formed at the peripheral wall on one side in an axial direction of the housing central axis;
a housing cover 124 that has an opening closure portion, wherein the opening closure portion corresponds to a shape of the opening and closes the opening; and
a seal member (surface seal between housing 12 and housing cover 124) that is shaped in a ring form and seals a gap between the peripheral wall and the opening closure portion, wherein:
the stationary disk has a stationary outer periphery which is opposed to the peripheral wall, wherein the stationary outer periphery has a rotation stop projection 32 which radially projects toward an inner periphery of the peripheral wall;
the housing has a receiving groove 31 which is formed at the inner periphery of the peripheral wall and receives the rotation stop projection, wherein the housing central axis is positioned at a location where the housing central axis is eccentric with respect to the shaft central axis; and
the seal member is eccentric with respect to the shaft central axis, and thereby a distance, which is measured between the housing central axis and a center of the seal member along a cross section of the seal member that is perpendicular to the axial direction of the housing central axis, is smaller than an amount of eccentricity between the shaft central axis and the housing central axis (FIG. 16, 20, 21).
Mizunuma is silent regarding the seal member being a separate unique element, the seal member shaped in a ring form.
However, Weyand teaches inserting a seal member 68 between the housing 10 and the housing cover 20 (FIG. 1).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to modify Mizunuma by adding a seal member between the housing and cover, as taught by Weyand, for the purpose of providing a more robust seal between the components than a surface seal can provide.
Regarding claim 2, Mizunuma, as modified above, discloses the claimed invention substantially as claimed, as set forth above for claim 1.
Mizunuma further discloses the center of the seal member along the cross-section of the seal member, which is perpendicular to the axial direction of the housing central axis, overlaps with the housing central axis and is eccentric with respect to the shaft central axis (FIG. 16, 20, 22).
Regarding claim 3, Mizunuma, as modified above, discloses the claimed invention substantially as claimed, as set forth above for claim 1.
Mizunuma/Weyand further teaches the seal member is in a circular ring form (Mizunuma FIG. 16; Weyand FIG. 1).
Regarding claim 4, Mizunuma, as modified above, discloses the claimed invention substantially as claimed, as set forth above for claim 1.
Mizunuma further discloses a direction (right to left in FIG. 16 and 21 orientations), which is directed from the housing central axis to the receiving groove, is defined as a groove direction; and
the amount of eccentricity between the shaft central axis and the housing central axis is equal to or smaller than one half of a size of the rotation stop projection measured in the groove direction (FIG. 16, 21).
Regarding claim 5, Mizunuma, as modified above, discloses the claimed invention substantially as claimed, as set forth above for claim 1.
Mizunuma further discloses a direction, (right to left in FIG. 16 and 21 orientations) which is directed from the housing central axis to the receiving groove, is defined as a groove direction; and
the amount of eccentricity between the shaft central axis and the housing central axis is equal to or smaller than one third of a size of the receiving groove measured in the groove direction (FIG. 16, 20).
Regarding claim 6, Mizunuma discloses a valve device 10 comprising:
a drive device 16 that is configured to output a rotational force;
a shaft 20 that is configured to be rotated about a shaft central axis CL1 by the rotational force outputted from the drive device;
a stationary disk 14 that has at least one passage hole 141 which is configured to conduct a fluid through the at least one passage hole;
a rotor 22 that is configured to be rotated about the shaft central axis in response to rotation of the shaft to adjust a flow rate of the fluid flowing in the at least one passage hole;
a housing 12 that is shaped in a bottomed tubular form and has a housing central axis CL2 which extends along the shaft central axis, wherein the housing has a peripheral wall which surrounds the housing central axis and receives the stationary disk and the rotor while an opening 120a is formed at the peripheral wall on one side in an axial direction of the housing central axis;
a drive device case 124 that receives the drive device and has an opening closure portion, wherein the opening closure portion corresponds to a shape of the opening and closes the opening; and
a seal member (surface seal between housing 12 and housing cover 124) that is shaped in a ring form and seals a gap between the peripheral wall and the opening closure portion, wherein:
the stationary disk has a stationary outer periphery which is opposed to the peripheral wall, wherein the stationary outer periphery has a rotation stop projection 32 which radially projects toward an inner periphery of the peripheral wall;
the housing has a receiving groove 31 which is formed at the inner periphery of the peripheral wall and receives the rotation stop projection, wherein the housing central axis is positioned at a location where the housing central axis is eccentric with respect to the shaft central axis; and
the seal member is eccentric with respect to the shaft central axis, and thereby a distance, which is measured between the housing central axis and a center of the seal member along a cross section of the seal member that is perpendicular to the axial direction of the housing central axis, is smaller than an amount of eccentricity between the shaft central axis and the housing central axis (FIG. 16, 20, 22).
Mizunuma is silent regarding the seal member being a separate unique element, the seal member shaped in a ring form.
However, Weyand teaches inserting a seal member 68 between the housing 10 and the housing cover 20 (FIG. 1).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to modify Mizunuma by adding a seal member between the housing and cover, as taught by Weyand, for the purpose of providing a more robust seal between the components than a surface seal can provide.
Regarding claim 7, Mizunuma, as modified above, discloses the claimed invention substantially as claimed, as set forth above for claim 6.
Mizunuma further discloses the center of the seal member along the cross-section of the seal member, which is perpendicular to the axial direction of the housing central axis, overlaps with the housing central axis and is eccentric with respect to the shaft central axis (FIG. 16, 20, 22).
Regarding claim 8, Mizunuma, as modified above, discloses the claimed invention substantially as claimed, as set forth above for claim 6.
Mizunuma/Weyand further teaches the seal member is in a circular ring form (Mizunuma FIG. 16; Weyand FIG. 1).
Regarding claim 9, Mizunuma, as modified above, discloses the claimed invention substantially as claimed, as set forth above for claim 6.
Mizunuma further discloses a direction (right to left in FIG. 16 and 21 orientations), which is directed from the housing central axis to the receiving groove, is defined as a groove direction; and
the amount of eccentricity between the shaft central axis and the housing central axis is equal to or smaller than one half of a size of the rotation stop projection measured in the groove direction (FIG. 16, 21).
Regarding claim 10, Mizunuma, as modified above, discloses the claimed invention substantially as claimed, as set forth above for claim 6.
Mizunuma further discloses a direction, (right to left in FIG. 16 and 21 orientations) which is directed from the housing central axis to the receiving groove, is defined as a groove direction; and
the amount of eccentricity between the shaft central axis and the housing central axis is equal to or smaller than one third of a size of the receiving groove measured in the groove direction (FIG. 16, 20).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Obrist (U.S. Patent Publication 2017/0370492) discloses a valve device similar to the one of the present application.
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.
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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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