Prosecution Insights
Last updated: April 19, 2026
Application No. 18/486,590

CHECK VALVES

Non-Final OA §102§103
Filed
Oct 13, 2023
Examiner
SMALE, AVERY E
Art Unit
3783
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Carefusion 303 Inc.
OA Round
1 (Non-Final)
73%
Grant Probability
Favorable
1-2
OA Rounds
3y 5m
To Grant
94%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allow Rate
136 granted / 187 resolved
+2.7% vs TC avg
Strong +22% interview lift
Without
With
+21.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
64 currently pending
Career history
251
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
45.7%
+5.7% vs TC avg
§102
26.6%
-13.4% vs TC avg
§112
24.8%
-15.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 187 resolved cases

Office Action

§102 §103
CTNF 18/486,590 CTNF 95042 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claim Objections 07-29-01 AIA Claim s 1, 4, 7, 14, and 18-19 are objected to because of the following informalities: - Claim 1, line 11: please correct “the valve stem” to “the valve stem portion ” -Claim 4, line 1: please correct “wherein valve stem” to “wherein the valve stem portion ” -Claim 7, line 3: please correct “a second direction” to “ the second direction” -Claim 14, line 4: please correct “fluid backflow” to “ the fluid backflow” -Claim 18, line 12: please correct “fluid backflow” to “the fluid backflow” -Claim 19, line 1: please correct “wherein providing a valve member” to “wherein the providing the valve member” Appropriate correction is required. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 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. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15 AIA Claim s 1 and 4-7 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Redmond et al. (US 4,904,236 A) . Regarding claim 1, Redmond discloses a check valve (see Figs. 9-10), comprising: an upper housing (housing 112) having an upstream internal surface (internal surface of housing 112 upstream of valve seat engaging surface 147) and defining an inlet (inlet 114) extending through the upstream internal surface (internal surface of housing 112 upstream of valve seat engaging surface 147) (see Figs. 9-10, col. 7 lines 14-29); a lower housing (valve body 126) having a downstream internal surface (internal surface of valve body 126 downstream of valve seat 136) and defining an outlet (outlet of valve body 126 where fluid exits from valve body 126) extending through the downstream internal surface (internal surface of valve body 126 downstream of valve seat 136) (see Figs. 9-10, col. 7 lines 14-29); a cavity (space for fluid flow between inlet 114 and valve body 126) interposed between and defined by the upstream internal surface (internal surface of housing 112 upstream of valve seat engaging surface 147) and the downstream internal surface (internal surface of valve body 126 downstream of valve seat 136) for fluidly connecting the inlet (inlet 114) and the outlet (outlet of valve body 126 where fluid exits from valve body 126) (see Figs. 9-10, col. 7 lines 14-29); and a valve member (valve member 120) to selectively permit fluid flow in a first direction from the inlet (inlet 114) to the outlet (outlet of valve body 126 where fluid exits from valve body 126), and prevent fluid backflow in a second direction from the outlet (outlet of valve body 126 where fluid exits from valve body 126) to the inlet (inlet 114), the valve member (valve member 120) comprising a valve body (elastomeric valve element 124) and a valve stem portion (stem 122 and member 152) extending axially through opposing surfaces of the valve body (elastomeric valve element 124) along a central axis of the valve body (elastomeric valve element 124) (see Figs. 9-10), the valve stem (stem 122 and member 152) coupled to the lower housing (valve body 126) and the valve body (elastomeric valve element 124) positioned between the upstream internal surface (internal surface of housing 112 upstream of valve seat engaging surface 147) and the downstream internal surface (internal surface of valve body 126 downstream of valve seat 136), wherein an entirety of an outer circumferential perimeter of the valve body (elastomeric valve element 124) does not engage against any of the upper housing (housing 112) and the lower housing (valve body 126) when an upstream pressure is applied to the valve member (valve member 120) and when a downstream pressure is applied to the valve member (valve member 120) (see Figs. 9-10, col. 7 lines 14-45, col. 8 lines 14-29, col. 8 lines 43-53, col. 9 lines 10-24). PNG media_image1.png 495 605 media_image1.png Greyscale Regarding claim 4, Redmond discloses the check valve of Claim 1, wherein valve stem (stem 122 and member 152) is coupled to a portion of the lower housing (valve body 126) forming a support portion (web portion 130) (see Figs. 9-10, col. 7 lines 14-58, col. 8 lines 18-29). Regarding claim 5, Redmond discloses the check valve of Claim 4, wherein the support portion (web portion 130) is aligned with a central longitudinal axis of the check valve (see Figs. 9-10, col. 7 lines 14-58, col. 8 lines 18-29). Regarding claim 6, Redmond discloses the check valve of Claim 1, wherein the upstream internal surface (internal surface of housing 112 upstream of valve seat engaging surface 147) comprises a projection (web portion 130) extending into the cavity (space for fluid flow between inlet 114 and valve body 126), the projection (web portion 130) being circularly disposed about the central axis of the valve body (elastomeric valve element 124) (see Figs. 9-10, col. 7 lines 14-29). Regarding claim 7, Redmond discloses the valve of Claim 6, wherein a distal end of the projection (web portion 130) forms a sealing surface (valve seat 136) of the projection (web portion 130) configured to be engaged against by the valve member (valve member 120) to prevent fluid backflow in a second direction from the outlet (outlet of valve body 126 where fluid exits from valve body 126) to the inlet (inlet 114) (see Figs. 9-10, col. 7 lines 30-45) . 07-15 AIA Claim s 8-15 and 17-19 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Atkinson et al. (US 5,992,462 A) . Regarding claim 8, Atkinson discloses a check valve (check valve 10, see Figs. 1-7), comprising: an upper housing (base portion 12) having an upstream internal surface (internal surface of flange 22 and wall 28) and defining an inlet (inlet 16) extending through the upstream internal surface (internal surface of flange 22 and wall 28) (see Figs. 1-7, col. 2 line 46-col. 3 line 10); a lower housing (cap portion 14) having a downstream internal surface (internal surface of flange 54 and wall 62), a support portion (valve supports 30 and 66), and defining an outlet (outlet 18) extending through the downstream internal surface (internal surface of flange 54 and wall 62) (see Figs. 1-7, col. 2 lines 46-53, col. 3 lines 3-10, col. 3 lines 26-54, col. 4 lines 1-11); and a valve member (valve member 20) comprising a valve body (body of valve member 20) and a valve stem portion (protrusions 80 and 82) extending axially through opposing surfaces (sides 74 and 76) of the valve body (body of valve member 20) along a central axis (axis 78) of the valve body (body of valve member 20) (see Fig. 7, col. 3 lines 55-67), the valve member (valve member 20) positioned within a cavity (valve chamber 65) formed between the upstream internal surface (internal surface of flange 22 and wall 28) and the downstream internal surface (internal surface of flange 54 and wall 62), and with the valve stem portion (protrusions 80 and 82) coupled to the support portion (valve supports 30 and 66) of the lower housing (cap portion 14), such that an outer circumferential perimeter of the valve member (valve member 20) is movable toward the downstream internal surface (internal surface of flange 54 and wall 62) to permit a fluid flow in a first direction through the cavity (valve chamber 65) from the inlet (inlet 16) to the outlet (outlet 18), and the outer circumferential perimeter of the valve member (valve member 20) is movable toward the upstream internal surface (internal surface of flange 22 and wall 28) to resist fluid backflow in a second direction through the cavity (valve chamber 65) from the outlet (outlet 18) to the inlet (inlet 16) (see Figs. 1-7, col. 2 lines 53-57, col. 2 line 66-col. 3 line 15, col. 3 line 36-col. 4 line 11, col. 4 lines 29-35). Regarding claim 9, Atkinson discloses the check valve of Claim 8, wherein the support portion (valve supports 30 and 66) comprises a central aperture (recesses 38 and 72), and wherein the valve stem portion (protrusions 80 and 82) is positioned within the central aperture (recesses 38 and 72) (see Figs. 1-7, col. 3 lines 3-10, col. 3 lines 44-54, col. 4 lines 1-11). Regarding claim 10, Atkinson discloses the check valve of Claim 8, wherein the support portion (valve supports 30 and 66) protrudes into the cavity (valve chamber 65) from the downstream internal surface (internal surface of flange 54 and wall 62) (see Figs. 1-7, col. 3 lines 41-45). Regarding claim 11, Atkinson discloses the check valve of Claim 8, wherein the lower housing (cap portion 14) comprises a plurality of axially extending slots (slots surrounding rib members 68 and 69, see Fig. 4) forming at least a portion of the outlet (outlet 18) extending through the downstream internal surface (internal surface of flange 54 and wall 62) (see Figs. 1-7, col. 3 lines 36-54). Regarding claim 12, Atkinson discloses the check valve of Claim 11, wherein the plurality of axially extending slots (slots surrounding rib members 68 and 69, see Fig. 4) extend through the support portion (valve supports 30 and 66) (see Figs. 1-7, col. 3 lines 36-54). Regarding claim 13, Atkinson discloses the check valve of Claim 8, wherein the upper housing (base portion 12) comprises a projection (valve engaging edge 44) extending from the upstream internal surface (internal surface of flange 22 and wall 28) into the cavity (valve chamber 65), the projection (valve engaging edge 44) being circularly disposed about the central axis of the valve body (body of valve member 20) (see Figs. 1-7, col. 3 lines 11-15). Regarding claim 14, Atkinson discloses the check valve of Claim 13, wherein a distal end of the projection (valve engaging edge 44) forms a sealing surface of the projection (valve engaging edge 44) configured to be engaged against by the valve member (valve member 20) when the outer circumferential perimeter of the valve member (valve member 20) moves toward the upstream internal surface (internal surface of flange 22 and wall 28) to resist fluid backflow (see Figs. 1-7, col. 3 lines 11-15, col. 4 lines 1-11). Regarding claim 15, Atkinson discloses the check valve of Claim 8, wherein the upper housing (base portion 12) comprises a rib (connecting inner wall 28 and remainder of inlet 16 where the cross sectional area changes) that extends radially inward from the upstream internal surface (internal surface of flange 22 and wall 28) (see Fig. 3, col. 2 line 66-col. 3 line 10). PNG media_image2.png 640 606 media_image2.png Greyscale Regarding claim 17, Atkinson discloses the check valve of Claim 8, wherein a fluid flow path extends between the outer circumferential perimeter of the valve member (valve member 20) and an inner peripheral surface (inner surface 48) of the cavity (valve chamber 65) (see Figs. 1-7, col. 3 lines 16-25, col. 4 lines 30-40). Regarding claim 18, Atkinson discloses a method of providing a check valve (check valve 10, see Figs. 1-7), the method comprising: providing a cavity (valve chamber 65), formed between an upstream internal surface (internal surface of flange 22 and wall 28) of an upper housing (base portion 12) and a downstream internal surface (internal surface of flange 54 and wall 62) of a lower housing (cap portion 14), for fluidly connecting an inlet (inlet 16) of the upper housing (base portion 12) and an outlet (outlet 18) of the lower housing (cap portion 14) (see Figs. 1-7, col. 2 lines 46-53, col. 2 line 66-col. 3 line 10, col. 3 lines 36-54); and providing a valve member (valve member 20) within the cavity (valve chamber 65) to selectively permit fluid flow in a first direction from the inlet (inlet 16) to the outlet (outlet 18), and prevent fluid backflow in a second direction from the outlet (outlet 18) to the inlet (inlet 16), wherein a valve stem portion (protrusions 80 and 82) of the valve member (valve member 20) is coupled to a support portion (valve supports 30 and 66) of the downstream internal surface (internal surface of flange 54 and wall 62) of the lower housing (cap 14), such that an outer circumferential perimeter of the valve member (valve member 20) is movable toward the downstream internal surface (internal surface of flange 54 and wall 62) to permit the fluid flow in the first direction, and the outer circumferential perimeter of the valve member (valve member 20) is movable toward the upstream internal surface (internal surface of flange 22 and wall 28) to resist fluid backflow in the second direction (see Figs. 1-7, col. 2 lines 53-57, col. 2 line 66-col. 3 line 15, col. 3 line 36-col. 4 line 11, col. 4 lines 29-35). Regarding claim 19, Atkinson discloses the method of Claim 18, wherein providing a valve member (valve member 20) within the cavity (valve chamber 65) comprises positioning the valve member (valve member 20) between the support portion (valve supports 30 and 66) and a projection (valve engaging edge 44) extending from the upstream internal surface (internal surface of flange 22 and wall 28) into the cavity (valve chamber 65) (see Figs. 1-7, col. 3 lines 11-15, col. 4 lines 1-11) . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21-aia AIA Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Redmond et al. (US 4,904,236 A), as applied to claim 1 above, in view of Brignola (US 4,244,378 A) . Regarding claim 2, Redmond discloses the check valve of Claim 1. However, Redmond fails to expressly state a plurality of feet extending longitudinally from the outer circumferential perimeter of the valve body. Brignola teaches a check valve (see Figs. 4-7) comprising a plurality of feet (legs 42) extending longitudinally from an outer circumferential perimeter of the valve body (valve element 28) which engage against a surface (bottom wall 50) of the lower housing (inner housing section 24a) (see Figs. 4-5, col. 5 lines 11-60). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the check valve of Redmond to include a plurality of feet extending longitudinally from an outer circumferential perimeter of the rear surface 150 of the elastomeric valve element 124 and to modify the valve body 126 to include an additional surface for the plurality of feet to engage against, as taught by Brignola, in order to allow the plurality of feet to further aid in pressing the valve body against the sealing surface of the check valve to maintain a good sealing engagement (see Brignola col. 5 lines 26-33) . 07-21-aia AIA Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Redmond et al. (US 4,904,236 A), as applied to claim 1 above, in view of Carmody et al. (US 2015/0352349 A1) . Regarding claim 3, Redmond discloses the check valve of Claim 1. However, Redmond fails to expressly state a filter member coupled to an inner surface of the upper housing, the filter member being disposed upstream of the valve member. Carmody teaches a check valve (check valve 12, see Fig. 5) comprising a filter member (filter medium 102) coupled to an inner surface of the upper housing (entrance housing section 60), the filter member (filter medium 102) being disposed upstream of the valve member (elastomeric membrane 80) (see Fig. 5, par. [0054]). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the check valve of Redmond to include a filter member coupled to an inner surface of the upper housing, the filter member being disposed upstream of the valve member, as taught by Carmody, in order to protect the check valve from contaminants which interfere with the sealing of the valve (see Carmody par. [0002] and [0005]-[0008]) . 07-21-aia AIA Claim s 16 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Atkinson et al. (US 5,992,462 A), as applied to claims 15 and 18 above, in view of Carmody et al. (US 2015/0352349 A1) . Regarding claim 16, Atkinson discloses the check valve of Claim 15. However, Atkinson fails to expressly state a filter member positioned between the valve member and the rib. Carmody teaches a check valve (check valve 12, see Fig. 5) comprising a filter member (filter medium 102) positioned between the valve member (elastomeric membrane 80) and the rib (valve seat 86) (see Fig. 5, par. [0054]). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the check valve of Atkinson to include a filter member positioned between the valve member and the rib, as taught by Carmody, in order to protect the check valve from contaminants which interfere with the sealing of the valve (see Carmody par. [0002] and [0005]-[0008]). Regarding claim 20, Atkinson discloses the method of Claim 18. However, Atkinson fails to expressly state providing a filter member between the inlet of the upper housing and the cavity. Carmody teaches a method of providing a check valve (check valve 12, see Fig. 5) comprising providing a filter member (filter medium 102) between the inlet (bore 64) of the upper housing (entrance housing section 60) and the cavity (cavity 76) (see Fig. 5, par. [0054]). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Atkinson to include providing a filter member between the inlet of the upper housing and the cavity, as taught by Carmody, in order to protect the check valve from contaminants which interfere with the sealing of the valve (see Carmody par. [0002] and [0005]-[0008]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to AVERY SMALE whose telephone number is (571)270-7172. The examiner can normally be reached Mon.-Fri. 8-4 ET. 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, Kevin Sirmons can be reached at (571) 272-4965. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /AVERY SMALE/Examiner, Art Unit 3783 /KAMI A BOSWORTH/Primary Examiner, Art Unit 3783 Application/Control Number: 18/486,590 Page 2 Art Unit: 3783 Application/Control Number: 18/486,590 Page 3 Art Unit: 3783 Application/Control Number: 18/486,590 Page 4 Art Unit: 3783 Application/Control Number: 18/486,590 Page 5 Art Unit: 3783 Application/Control Number: 18/486,590 Page 6 Art Unit: 3783 Application/Control Number: 18/486,590 Page 7 Art Unit: 3783 Application/Control Number: 18/486,590 Page 8 Art Unit: 3783 Application/Control Number: 18/486,590 Page 9 Art Unit: 3783 Application/Control Number: 18/486,590 Page 10 Art Unit: 3783 Application/Control Number: 18/486,590 Page 11 Art Unit: 3783 Application/Control Number: 18/486,590 Page 12 Art Unit: 3783 Application/Control Number: 18/486,590 Page 13 Art Unit: 3783
Read full office action

Prosecution Timeline

Oct 13, 2023
Application Filed
Feb 26, 2026
Non-Final Rejection — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
73%
Grant Probability
94%
With Interview (+21.5%)
3y 5m
Median Time to Grant
Low
PTA Risk
Based on 187 resolved cases by this examiner. Grant probability derived from career allow rate.

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