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 Arguments
Applicant's arguments filed 08/22/2025 have been fully considered. Prior art Bokusky addresses the amended material.
Please see the rejection below for further detail.
Drawings
The drawings are objected to under 37 CFR 1.83(a) because they fail to show receptacles, fixing portion or a bore as described in the specification. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities: the elements “receptacles,” “fixing portion” and “bore” do not have a corresponding reference number.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1–3, 6–10 and 15–16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bokusky et al. (USPN 10920814 B2).
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Figure 1 - Bokusky Annotated Fig. 18
Regarding Claim 1, Bokusky discloses an actuator system for operating a flow regulating element to regulate a fluid flow of a fluid transportation pipe, the actuator system comprising: an actuator (10) having an actuating motor (Col. 5, Lines 23–26, where the motor is inside of the actuator housing) coupled to a pivotable shaft (12) of the flow regulating element (14), and an actuator housing (20), wherein the actuating motor (Col. 5, Lines 23–26, where the motor is inside of the actuator housing) is connected to the actuator housing (20) and at least two attachment components (638a/638b) for attachment of the actuator housing (20) to a wall (Fig. 1, where the wall is the flat surface on which the actuator housing is attached) of the fluid transportation pipe (Col. 1, 31–40, where the bracket is attached to the outside of the valve); wherein the actuator housing (20) comprises at least two connecting ports (Bokusky Annotated Fig. 18) configured to connect the attachment components to the housing (20), as described in Col. 21, Lines 53–63; wherein the at least two attachment components (638a/638b) are configured to connect to the connecting ports (Bokusky Annotated Fig. 18) by a respective clamping connection (Col. 16, Lines 64–67, where the interference fit is the clamping connection) comprising two flexible arms (638a/638b, where the arms must have some flexibility in order to be secured using an interference fit) configured to be inserted in corresponding receptacles of the connecting ports (Bokusky Annotated Fig. 18); and wherein the at least two attachment components (638a/638b) are arranged at opposite longitudinal ends of the actuator housing (20), as seen in Fig. 18 where the attachment components are separated and where they correspond to holes found in the valve housing, such that the actuator housing (20) is fixed against a rotation around an axis of the pivotable shaft (12) and a longitudinal movement along the axis (Figs. 1 and 18, where the pivotal shaft rotates in relation to the actuator housing and where the fixed housing is connected through the attachment components to the valve wall. Thus, resulting in the actuator housing being fixed against rotation ).
Regarding Claim 2, Bokusky discloses the actuator system is a modular system (Figs. 1 and 18, where the actuator is a separate element from the attachment components) comprising the actuator (10) and the at least two attachment components (636a/636b).
Regarding Claim 3, Bokusky discloses each of the at least two attachment components (636a/636b) are detachably fixed to a respective connection port (20e/20f) of the actuator housing (20), Col. 20, Line 64 through Col. 21, Line 23.
Regarding Claim 6, Bokusky does not disclose locking elements (634a/634b) each configured to lock the connections (Col. 20, Line 64 through Col. 21, Line 23) between the at least two connecting ports (Bokusky Annotated Fig. 18) and the at least two attachment components (638a/638b).
Regarding Claim 7, Bokusky discloses each of the attachment components comprises a slot (636a/636b) configured to receive a respective fixing element (640a/640b) which is fixed in the wall (Fig. 1, where the wall is the flat surface on which the actuator housing is attached) of the fluid transportation pipe (Fig. 1).
Regarding Claim 8, Bokusky discloses each of the attachment components (636a/636b) comprises a fixing portion (644a/644b) configured to be inserted in a respective bore (Fig. 17, where the bores are the holes in element that corresponds to the elements 640a and 640b) provided in the wall (Fig. 1, where the wall is the flat surface on which the actuator housing is attached) of the fluid transportation pipe at a distance from the pivotable shaft (12) of the flow regulating element (14).
Regarding Claim 9, Bokusky discloses at least two fixing elements (640a/640b) each configured to be fixed in a wall (Fig. 1, where the wall is the flat surface on which the actuator housing is attached) of the fluid transportation pipe at a distance from the pivotable shaft (12) of the flow regulating element (14), as seen in Fig. 17.
Regarding Claim 10, Bokusky discloses the fixing elements (640a/640b) each comprise a screw and/or a bolt (Col. 21 Line 64 through Col. 22, Line 8) which is insertable in a slot of the respective attachment component (636a/636b).
Regarding Claim 15, Bokusky discloses a method for assembling an actuator system according to claim 9, the method comprising: mounting each of the fixing elements (640a/640b) at a distance (where the distance is any distance between the elements) from the pivotable shaft (12), wherein the distance is adjusted such that, when the actuating motor (Col. 5, Lines 23–26, where the motor is inside of the actuator housing) is coupled to the pivotable shaft (12), each of the fixing elements (640a/640b) is positioned in a slot of the respective attachment component (636a/636b).
Regarding Claim 16, Bokusky discloses each of the fixing elements (640a/640b) is positioned substantially in the middle of the slot of the respective attachment component (636a/636b).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bokusky et al. (USPN 10920814 B2) in view of Ryder et al. (USPN 5186531).
Regarding Claim 11, Bokusky discloses the fixing elements (640a/640b) but does not disclose the fixing elements each comprise a sleeve which is attached to the respective screw and/or the bolt.
Ryder teaches a sleeve (82) attached to a screw (212) in order to adjust the tension between the fixing element and the connection between the valve and the actuator (Col. 5, Lines 23–45). Thus, allowing a means to adjust according to the design specifications.
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 fixing elements of Bokusky with a sleeve as taught by Ryder in order to adjust according to the design specifications.
Conclusion
THIS ACTION IS MADE FINAL. 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 Angelisa L. Hicks whose telephone number is 571-272-9552 and email is Angelisa.Hicks@USPTO.gov. The examiner can normally be reached Monday-Friday (9:30AM-5:00PM EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Craig Schneider can be reached at 571-272-3607 or Kenneth Rinehart can be reached at 571-272-4881. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Angelisa L. Hicks/
Primary Examiner
Art Unit 3753