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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 1/12/2026 has been entered following the request for continued examination filed 2/23/2026. Therefore, claims 1 and 4-22 as filed 1/12/2026 are pending for consideration.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1 and 4-22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Floh et al. (US Patent 6,848,471).
Regarding Claim 1, Floh discloses a check valve (abstract), comprising: an upper housing (including cap 34) defining an inlet 17 of the check valve and including a core member 24; a plurality of filtering grooves 48 (the farthest downstream openings 48 are relied upon as readable on the “filtering grooves” and they are seen to be readable on the “filtering grooves” because the size of the openings inherently restrict debris of a particular size from flowing therethrough; it is noted that the term “groove” is defined as “a long narrow channel or depression” and therefore the customary meaning does not refer to a through opening in the manner disclosed by applicant; therefore the term “groove” is not seen to require any particular shape) extending longitudinally (the limitation “extending longitudinally” is not defined relative to any particular axis; therefore, because each groove 48 extends along its own longitudinal axis, the grooves are seen to be readable as “extending longitudinally” as claimed) on an outer perimeter of the core member 24; a lower housing (including housing 22 and cap 28) coupled to the upper housing 34 and defining an outlet 19 of the check valve; and a flexible valve member 26 mounted between the upper housing and the lower housing (as shown in Figures 2 and 3) such that the flexible valve member 26 surrounds the plurality of filtering grooves 48, wherein the flexible valve member 26 is movable relative to the core member (as shown between the positions shown in Figures 2 and 3, respectively) to transition between an open state (as shown in Figure 3), in which the flexible valve member 26 is configured to expand away from the core member 24 and permit fluid flow around the core member (i.e. fluid exits the grooves 48 and travels around the core member 24) from the inlet 17 to the outlet 19, and a closed state (as shown in Figure 2), in which the flexible valve member 26 is configured to compress around the core member 24 to limit the fluid flow between the inlet and the outlet, wherein, in the open state (as shown in Figure 3), the flexible valve member 26 is configured to transition between a low fluid flow state (flexible valve member 26 is capable of achieving a position such that only the rightmost grooves 48 in Figures 2 and 3 are opened; i.e. such a position occurs when the upstream pressure is only slightly greater than the threshold pressure required to deform the valve member 26; this position achieves a low fluid flow state as claimed), in which the flexible valve member is configured to permit the fluid flow via the plurality of filtering grooves (the rightmost grooves 48 as shown in Figures 2 and 3), and a high fluid flow state (i.e. at greater fluid pressures the flexible valve member 26 will achieve greater deformation thereby increasing the flow path area and thus the fluid flow rate), in which the flexible valve member 26 is configured to permit the fluid flow to bypass the plurality of filtering grooves (during the high fluid flow state at least some fluid will flow through the more upstream openings 48, thereby bypassing the more downstream openings 48 which are relied upon as the “plurality of filtering grooves”; it is noted that the claim does not require all of the fluid to bypass the plurality of filtering grooves nor is this necessarily achieved by applicant’s device).
Regarding Claim 4, Floh further discloses the flexible valve member 26 is stretched around the core member 24 of the upper housing (as shown in Figure 2) to shut off against the plurality of filtering grooves 48.
Regarding Claim 5, Floh further discloses the flexible valve member 26 is made of silicon (silicone is one of the possible materials as described in col. 9, lines 7-12 and therefore includes silicon).
Regarding Claim 6, Floh further discloses a sealing surface 42 is defined at a distal end of the core member of the upper housing (as shown in Figure 2).
Regarding Claim 7, Floh further discloses, wherein in the closed state, the flexible valve member 26 is configured to contact the sealing surface 42 to limit fluid flow past the sealing surface (as shown in Figure 2).
Regarding Claim 8, Floh further discloses, wherein, when an upstream pressure is applied to the flexible valve member 26, the flexible valve member 26 is configured to deflect away from the sealing surface 42 to permit the fluid flow from the inlet to the outlet (as shown in Figure 3).
Regarding Claim 9, Floh further discloses, wherein, when a downstream pressure is applied to the flexible valve member 26, the flexible valve member 26 is configured to deflect towards the sealing surface 42 to restrict the fluid flow from the outlet to the inlet (precluding reverse flow as is known in the art; col. 1, lines 19-22).
Regarding Claim 10, Floh further discloses the plurality of filtering grooves 48 does not extend around an entire perimeter of the core of the upper housing (i.e. there is structure that extends between adjacent filtering grooves 48 and therefore the filtering grooves do not extend around an entire perimeter of the core).
Regarding Claim 11, Floh is seen as further disclosing a cavity (cavity along axis 21) is defined by two semi-cylindrical components in an upper portion of the core member (the core member 24 includes a plurality of openings 48 and each portion of the core member which extends circumferentially between the openings is seen to define a semi-cylindrical component). Furthermore, the device is capable of being used in any desired orientation and therefore any portion of the core member is readable as an “upper portion” of the core member.
Regarding Claim 12, Floh further discloses the flexible valve member 26 is sized and shaped so as to flex or bend under fluid pressure to permit forward flow of the fluid in between the core member 24 and the flexible valve member 26 (i.e. along the perimeter of the core member and within the flexible valve member after exiting the grooves 48), and to limit fluid flow in a reverse direction (the flexible valve member 26 is sized and shaped to flex or bend under fluid pressure to achieve the claimed flow conditions as shown in Figures 3 and 2).
Regarding Claim 13, Floh further discloses each filtering groove of the plurality of filtering grooves 48 is configured to trap and limit downstream flow of grit or other undesirable particulate matter larger in size than each of the filtering grooves (this is inherently achieved by the structure of Floh; i.e. any particulate matter larger in size than the filtering grooves will necessarily be trapped and prevented from passing downstream).
Regarding Claim 14, Floh discloses a check valve (abstract), comprising: an upper housing (including cap 34) defining an inlet 17 of the check valve and including a core member 24, a sealing surface 42 on a distal end of the core member (as shown in Figure 2), and a plurality of filtering grooves 48 (the farthest downstream openings 48 are relied upon as readable on the “filtering grooves” and they are seen to be readable on the “filtering grooves” because the size of the openings inherently restrict debris of a particular size from flowing therethrough; it is noted that the term “groove” is defined as “a long narrow channel or depression” and therefore the customary meaning does not refer to a through opening in the manner disclosed by applicant; therefore the term “groove” is not seen to require any particular shape) extending longitudinally (the limitation “extending longitudinally” is not defined relative to any particular axis; therefore, because each groove 48 extends along its own longitudinal axis, the grooves are seen to be readable as “extending longitudinally” as claimed) on an outer circumferential perimeter of the core member 24; a lower housing (including housing 22 and cap 28) axially coupled to the upper housing 34 (as shown in Figures 2 and 3) and comprising an outlet 19 of the check valve; and a flexible valve member 26 mounted between the upper housing and the lower housing (as shown in Figures 2 and 3), wherein the flexible valve member 26 is movable relative to the core member 24 between: a low fluid flow state (flexible valve member 26 is capable of achieving a position such that only the rightmost grooves 48 in Figures 2 and 3 are opened; i.e. such a position occurs when the upstream pressure is only slightly greater than the threshold pressure required to deform the valve member 26; this position achieves a low fluid flow state as claimed), in which the flexible valve member 26 is configured to permit fluid flow between the inlet and the outlet and around the core member 24 (i.e. along the outer surface of the core member) through the plurality of filtering grooves (the rightmost grooves 48 as shown in Figures 2 and 3), a high fluid flow state (i.e. at greater fluid pressures the flexible valve member 26 will achieve greater deformation thereby increasing the flow path area and thus the fluid flow rate), in which the flexible valve member 26 is configured to permit the fluid flow between the inlet 17 and the outlet 19 through and around the plurality of filtering grooves (at greater fluid pressures fluid will flow both through the filtering grooves, i.e. the downstream openings 48, and also through the upstream openings 48 to thereby flow around the downstream filtering grooves 48), and a closed state (as shown in Figure 2), in which the flexible valve member 26 is configured to limit the fluid flow between the inlet 17 and the outlet 19.
Regarding Claim 15, Floh further discloses, wherein the flexible valve member 26 is configured to deflect away from the sealing surface 42 in the low fluid flow state (the state in which only the rightmost grooves 48 in Figures 2 and 3 are opened; i.e. such a position occurs when the upstream pressure is only slightly greater than the threshold pressure required to deform the valve member 26) and the high fluid flow state (i.e. at greater fluid pressures the flexible valve member 26 will achieve greater deformation thereby increasing the flow path area and thus the fluid flow rate).
Regarding Claim 16, Floh further discloses, wherein: when an upstream pressure is applied to the flexible valve member, the flexible valve member 26 is configured to deflect away from the sealing surface 42 to permit the fluid flow from the inlet to the outlet (as shown in Figure 3), and when a downstream pressure is applied to the flexible valve member, the flexible valve member 26 is configured to deflect towards the sealing surface 42 to restrict the fluid flow from the outlet to the inlet (as shown in Figure 2).
Regarding Claim 17, when making and using the device of Floh, Floh necessarily discloses a method of using a check valve (abstract), comprising: axially coupling an upper housing (including cap 34) to a flexible valve member 26 and a lower housing (including housing 22 and cap 28) comprising an outlet 19, wherein the upper housing 34 defines an inlet 17 and includes a core member 24 and a plurality of filtering grooves 48 (the farthest downstream openings 48 are relied upon as readable on the “filtering grooves” and they are seen to be readable on the “filtering grooves” because the size of the openings inherently restrict debris of a particular size from flowing therethrough; it is noted that the term “groove” is defined as “a long narrow channel or depression” and therefore the customary meaning does not refer to a through opening in the manner disclosed by applicant; therefore the term “groove” is not seen to require any particular shape) extending longitudinally (the limitation “extending longitudinally” is not defined relative to any particular axis; therefore, because each groove 48 extends along its own longitudinal axis, the grooves are seen to be readable as “extending longitudinally” as claimed) on an outer circumferential perimeter of the core member 24; allowing fluid to flow through the inlet 17 towards the flexible valve member 26; in a low fluid flow state (a low fluid flow state necessarily occurs when the upstream pressure is only slightly greater than the threshold pressure required to deform the valve member 26; this causes only a slight deformation of valve member 26 and achieves a low fluid flow state as claimed), allowing the fluid to flow around the core member (i.e. along the outer surface of the core member) and through the plurality of grooves 48 towards the outlet 19 (it is noted that the claim does not require a particular sequence of flowing around the core before or after flowing through the grooves; it is further noted that applicant’s device is disclosed such that the fluid flows through the grooves prior to flowing around the core); in a high fluid flow state (i.e. at greater fluid pressures the flexible valve member 26 will achieve greater deformation thereby increasing the flow path area and thus the fluid flow rate), allowing the fluid to flow around the core member towards the outlet (this occurs because fluid flows through the farther upstream openings 48 and thus around the core member 24 towards the outlet 19); and in a closed state (as shown in Figure 2), limiting flow of fluid between the inlet 17 and the outlet 19.
Regarding Claim 18, Floh further discloses wherein allowing the fluid to flow around the core member 24 towards the outlet 19 in the high flow state comprises causing the flexible valve member 26 to deflect away from a sealing surface 42 (as shown in Figure 3).
Regarding Claim 19, Floh further discloses wherein allowing the fluid to flow through the plurality of grooves 48 towards the outlet in the low fluid flow state comprises applying an upstream pressure to the flexible valve member 26 (as described above, a slight upstream pressure is applied to the flexible valve member to achieve the low fluid flow state) and causing the flexible valve member 26 to deflect away from a sealing surface 42.
Regarding Claim 20, Floh further discloses wherein limiting the flow of fluid between the inlet 17 and the outlet 19 comprises applying a downstream pressure to the flexible valve member 26 and causing the flexible valve member 26 to deflect towards a sealing surface 42 and restrict the flow of the fluid from the outlet to the inlet (during normal use of the device, reverse flow is encountered and the valve necessarily is configured such that the flexible valve member 26 deflects toward the sealing surface 42 as shown in Figure 2).
Regarding Claim 21, Floh further discloses the plurality of filtering grooves 48 are disposed on an outer surface of the core member 24 (as shown in Figures 2 and 3).
Regarding Claim 22, Floh is seen as further disclosing the check valve comprises a conical check valve (the check valve includes a frustoconical surface at 42 and therefore is seen to be readable as a “conical check valve” as claimed; it is noted that applicant’s check valve only includes frustoconical surfaces rather than conical surfaces; i.e. applicant’s device does not include any surfaces forming a complete cone shape and instead includes tapered or frustoconical surfaces).
Response to Arguments
Applicant's arguments filed 1/12/2026 have been fully considered but they are not persuasive. Specifically, applicant argues with respect to claims 1, 14, and 17 that Floh does not disclose “a plurality of filtering grooves extending longitudinally on an outer perimeter of the core member”. These arguments are not persuasive because, as described above, the limitation “extending longitudinally” is not defined relative to any particular axis. Therefore, because each groove 48 extends along its own longitudinal axis, the grooves are seen to be readable as “extending longitudinally” as claimed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN MURPHY whose telephone number is (571)270-5243. The examiner can normally be reached Monday - Friday 8am-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Craig Schneider can be reached on (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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/KEVIN F MURPHY/Primary Examiner, Art Unit 3753