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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 11/06/2025 has been entered.
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
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.
Claim(s) 1-2, 4-18, 20-21, and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nagai et al. (U.S. Patent No. 10,808,865) in view of Mayer et al. (Pub. No. US 2019/0040964).
Regarding claim 1, Nagai et al. disclose a vacuum valve (Figs. 1-5) configured to (“configured to” merely limits the claim to capable of performing the claimed function) regulate a volume or mass flow (Column 6 lines 9-18) and/or for closing and opening a valve opening (Column 4 lines 1-16, Fig. 2), comprising a valve seat (Fig. 2) having the valve opening (Fig. 2) defining an opening axis and a first sealing surface (in contact with seal 220, Fig. 2) surrounding the valve opening (Fig. 2), a valve closure (210), configured to regulate the volume or mass flow and/or for substantially gas-tight closure of the valve opening with a second sealing surface (surface of seal 220) corresponding to the first sealing surface (Fig. 2), and a drive unit (240) coupled to the valve closure (210) and configured to provide movement of the valve closure (210) such that the valve closure (210) is adjustable (Column 5 lines 7-57); from an open position (Column 5 lines 7-57), in which the valve closure (210) at least partially releases the valve opening; to a closing position in which there is sealing contact of the first sealing surface and the second sealing surface (Fig. 2) with a sealing material (220, Column 4 lines 31-36) present therebetween and the valve opening is thereby closed in a gas-tight manner; and back to the open position (Column 5 lines 7-57) of the valve closure (210), wherein the vacuum valve (200) comprises a data communication arrangement (the enabled communication of sensors 320 & 330 with computing unit 310 as disclosed in Column 4 lines 47-64) having at least one coupling element (inherent element enabling the data communication disclosed in Column 4 lines 47-64) and a memory element (320 or 330), and wherein information relating to a valve state is provided by means of the memory element (320 or 330, Column 4 lines 47-Column 5 line 57), wherein the data communication arrangement is arranged (Column 4 lines 36-38) on the valve closure (210) or is integrated (Column 4 lines 36-38) in the valve closure (210), but lacks disclosure wherein the data communication is a radio arrangement.
Mayer et al. teach a valve closure (2) comprising a radio arrangement (30) having at least one coupling element and a memory element (paragraph 26), and wherein information relating to a valve state (paragraph 26) is provided by the memory element, wherein the radio arrangement (30) is arranged (Fig. 2) on the valve closure (2) or is integrated (paragraph 26) in the valve closure (2).
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 valve closure of Nagai et al. with a radio arrangement as taught by Mayer et al. for the advantage of having an identifier that is individual to the valve closure stored within the valve closure and for monitoring the valve closure (paragraph 26).
Regarding claim 2, Mayer et al. (modified above) teach wherein the radio arrangement (30) is an RFID transponder (paragraph 26).
Regarding claim 4, Nagai et al. disclose the vacuum valve (Figs. 1-5) wherein the valve closure (210), the valve seat (Fig. 2), a valve housing (Fig. 2) and/or the drive unit (240) has a transmission window (housing material enabling communication between the sensors 320 & 330) and the control unit (300)) which is configured to wireless communication (the disclosed data communication of Column 4 lines 47-64) of the radio arrangement (modified above) through the transmission window.
Regarding claim 5, Nagai et al. disclose the vacuum valve (Figs. 1-5) wherein the vacuum valve (200) has a communication arrangement (300, Column 4 lines 47-64) configured to establish a coupling with the coupling element (communication between the sensors 320 & 330) of the radio arrangement (modified above), which communication arrangement (300) is arranged and designed in such a manner that at least in the open position and/or the closed position a wireless communication (Column 4 lines 47-64) can be provided between the communication arrangement (300) and the coupling element (modified above).
Regarding claim 6, Nagai et al. disclose the vacuum valve (Figs. 1-5) wherein the communication arrangement (300) is arranged on (Fig. 2) the valve seat, on the drive unit (240) or on a valve housing (Column 4 lines 47-64), or is integrated into the valve seat, the drive unit or the valve housing.
Regarding claim 7, Nagai et al. disclose the vacuum valve (Figs. 1-5) wherein the vacuum valve has a read/write arrangement (340) or an interface for communication with a read/write arrangement (Column 4 lines 47-Column 5 line 6), wherein the read/write arrangement is configured such that communication can be provided between the read/write arrangement and the memory element (Column 4 lines 47-Column 5 line 6).
Regarding claim 8, Nagai et al. disclose the vacuum valve (Figs. 1-5) wherein the wireless communication comprises reading out the information (Column 4 lines 47-Column 5 line 6) regarding the valve state from the memory element (320 or 330) and/or storing the information regarding the valve state in the memory element (Column 4 lines 47-Column 5 line 57).
Regarding claim 9, Nagai et al. disclose the vacuum valve (Figs. 1-5) wherein the information relating to the valve state (Column 4 lines 47-Column 5 line 6) comprises at least one of the following: a condition and/or a state of the valve closure (Column 5 lines 7-57), a condition and/or a state of the sealing material (Column 5 lines 58-62), a vacuum valve operating time, a period of use of the valve closure, a number of closing and/or opening cycles performed, identification information, production information, a calibration parameter.
Regarding claim 10, Nagai et al. disclose the vacuum valve (Figs. 1-5) wherein the vacuum valve (200) comprises a control and processing unit (310) with a control functionality and a monitoring functionality (Column 4 lines 47-Column 5 line 6), wherein the control functionality is arranged to control the movement of the valve closure (210), and the monitoring functionality is configured such that, when it is executed, the information relating to the valve state is acquired and compared with a setpoint and an output dependent on the comparison is generated (Column 5 lines 7-57).
Regarding claim 11, Nagai et al. disclose the vacuum valve (Figs. 1-5) wherein the monitoring functionality (Column 5 lines 7-57) is configured such that depending on the output, the control functionality is adaptable (Column 4 lines 47-Column 5 line 57).
Regarding claim 12, Nagai et al. disclose the vacuum valve (Figs. 1-5) wherein the monitoring functionality (Column 4 lines 47-Column 5 line 6) is configured in such a way that, depending on the output, information relating to an opening or closing state of the vacuum valve can be provided (Column 5 lines 7-57).
Regarding claim 13, Nagai et al. disclose the vacuum valve (Figs. 1-5) wherein the monitoring functionality (Column 4 lines 47-Column 5 line 6) is configured such that, depending on the output, information relating to maintenance of at least one valve component can be provided (Column 6 lines 58-62).
Regarding claim 14, Nagai et al. disclose the vacuum valve (Figs. 1-5) wherein the control and processing unit (310) comprises a memory functionality (Column 4 lines 47-Column 5 line 6) configured such that, when executed, the information relating to the valve state is stored or updated on the memory element (Column 4 lines 47-Column 5 line 6).
Regarding claim 15, Nagai et al. disclose a valve closure (Figs. 1-5), for a vacuum valve (200), wherein the valve closure (210) is configured to (“configured to” merely limits the claim to capable of performing the claimed function) regulate a volume or mass flow (Column 6 lines 9-18) and/or to close and open (Column 4 lines 1-16, Fig. 2) in a gas-tight manner a valve opening (Fig. 2) defined by a valve seat (Fig. 2) of the vacuum valve (200), and comprises: a second sealing surface (surface of 220) corresponding to a first sealing surface of the valve seat (Fig. 2) surrounding the valve opening, and a sealing material (Column 4 lines 33-36) arranged on the second sealing surface (220), wherein the valve closure (210, Column 4 lines 36-38) has a data communication arrangement (the enabled communication of sensors 320 & 330 with computing unit 310 as disclosed in Column 4 lines 47-64) having at least one coupling element (inherent element enabling the data communication disclosed in Column 4 lines 47-64) and a memory element (320 or 330), and the memory element (320 or 330) provides information relating to a valve state (Column 4 lines 47-Column 5 line 57), but lacks disclosure wherein the data communication is a radio arrangement.
Mayer et al. teach a valve closure (2) comprising a radio arrangement (30) having at least one coupling element and a memory element (paragraph 26), and wherein information relating to a valve state (paragraph 26) is provided by the memory element, wherein the radio arrangement (30) is arranged (Fig. 2) on the valve closure (2) or is integrated (paragraph 26) in the valve closure (2).
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 valve closure of Nagai et al. with a radio arrangement as taught by Mayer et al. for the advantage of having an identifier that is individual to the valve closure stored within the valve closure and for monitoring the valve closure (paragraph 26).
Regarding claim 16, Nagai et al. disclose the valve closure (Figs. 1-5) wherein the memory element (320 or 330) provides information (Column 4 lines 47-Column 5 line 57) relating to the valve closure (210) as a valve state (Column 5 lines 7-57),
Regarding claim 17, Nagai et al. disclose a method (Column 5 lines 7-57) for controlling a vacuum valve (200), comprising reading out the information (Column 4 lines 47-Column 5 line 57) relating to the valve state from the memory element (320 or 330) of the radio arrangement (modified above); comparing the information (Column 5 lines 7-57) regarding the valve state with a target state for the vacuum valve (200); generating output based on the comparison (Column 5 lines 7-57); processing the output; and defining or updating a movement profile (Column 4 lines 64-Column 5 line 57) for the valve closure (210).
Regarding claim 18, Nagai et al. disclose a non-transitory computer readable medium (Column 4 lines 47-Column 5 line 57) having a program code stored on a non-transitory machine-readable medium, comprising: code to perform the steps of the method (Column 4 lines 47-Column 5 line 57).
Regarding claim 20, Nagai et al. disclose the vacuum valve (Figs. 1-5), wherein the control of the movement of the valve closure (210) is adaptable (Column 4 lines 47-Column 5 line 57) or the movement of the valve closure (210) is adapted, restricted or suspended.
Regarding claim 21, Mayer et al. (modified above) teach wherein the radio arrangement (30) is an RFID transponder (paragraph 26).
Regarding claim 23, Nagai et al. disclose the valve closure (Figs. 1-5) wherein the information (Column 4 lines 47-Column 5 line 57) relating to the valve closure (210) includes at least one of the following: a condition and/or a state of the valve closure (Column 5 lines 7-57), a condition and/or a state of the sealing material, identification information, production information, a calibration parameter.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nagai et al. (U.S. Patent No. 10,808,865) in view of Mayer et al. (Pub. No. US 2019/0040964), and further in view of Joseph et al. (Pub. No. US 2021/0332669).
Regarding claim 19, Nagai et al. modified with the teachings of Mayer et al. disclose the essential features of the claimed invention but lack disclosure wherein the communication arrangement comprises at least one antenna.
Joseph et al. teach a valve (126) comprising a valve closure (300) for opening and closing a valve opening (302), wherein the valve (126) comprises a radio arrangement (Fig. 8) of a valve position sensor (304 & 306) and a communication arrangement (Fig. 8, paragraph 31) comprising at least one antenna (800).
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 communication arrangement of Nagai et al. with an antenna as taught by Jospeh et al. for the advantage of broadcasting a communication signal (paragraph 31).
Claim(s) 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nagai et al. (U.S. Patent No. 10,808,865) in view of Mayer et al. (Pub. No. US 2019/0040964), and further in view of Chakraborty et al. (Pub. No. 2021/0372096).
Regarding claim 24, Nagai et al. disclose the essential features of the claimed invention but lack disclosure wherein the identification information includes a valve closure type, a part number of the valve closure, and wherein the production information includes a date and/or place of production.
Chakrabory et al. teach a valve assembly (100) having a communication arrangement (122) with a control system (200) that may retrieve or input identification information (paragraphs 46 and 82) of the valve (100).
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 type of information of the valve state of Nagai et al. with a valve identification information as taught by Chakrabory et al. for the advantage of enabling a user or controller to have thorough access to various data sets affecting the valve to analyze and react to the data sets (paragraphs 70-83).
Conclusion
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/REINALDO SANCHEZ-MEDINA/Primary Examiner, Art Unit 3753