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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 6 is 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.
Claim 6 recites “wherein, if the target number of pulses subtracted from the effective number of pulses corresponding to a current position of the valve element falls below a specified value, a drive pulse that is equal to a number of pulses for moving the valve element to the specified value plus additional pulses corresponding to a pressing amount for closing the valve is entered to the stepping motor.” It is unclear and thus indefinite as to what “a drive pulse that is equal to a number of pulses for moving the valve element to the specified value” means. As recited here, “specified value” appears to correspond to a position of the valve but in the other sections, “specified value” appears to correspond to a pulse value. Appropriate correction and/or explanation is required.
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.
Claims 1, 3, and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Japanese Patent Application Publication No. JP2021185325 to Ishizuka et al. (“Ishizuka”) in view of U.S. Patent Application Publication No. 2015/0020540 to Wakisaka et al. (“Wakisaka”), U.S. Patent Application Publication No. 2022/0205525 to Johannes Kuehn (“Kuehn”), and U.S. Patent Application Publication No. 2022/0381449 to Rosen et al. (“Rosen”). Note: the cited sections in Ishizuka correspond to a machine translation of Ishizuka provided by Applicant in the IDS of 12/05/2023.
Regarding claim 1:
A control apparatus for an electrically driven valve (Ishizuka discloses motorized valve control device 11 (“control apparatus”) and an electric valve 9 (“electrically driven valve”). See, e.g., Ishizuka at par. [0019] and Fig. 1.) that includes
a valve element configured to move toward and away from a valve seat (Ishizuka discloses an expansion valve 5 with a valve body (“valve element”) of electric valve 9 “for controlling the flow rate of the fluid (refrigerator)….”),
a stepping motor configured to be operated by a drive pulse (Ishizuka discloses a stepping motor 8 (“stepping motor”) that is controlled by pulses (“configured to be operated by entering a drive pulse”) for driving the valve body of the expansion valve 5. See, e.g., Ishizuka at pars. [0019] and [0021].), and
a driving mechanism configured to drive the valve element by a driving force output from the stepping motor (Ishizuka disclose that stepping motor driver 11d (“driving mechanism”) controls the rotation of the stepping motor 8, which controls the expansion valve 5 (“configured to drive the valve element by a driving force output from the stepping motor”). See, e.g., Ishizuka at par. [0023].), the control apparatus comprising:
a nonvolatile storage unit (Ishizuka discloses an EEPROM 11e (“nonvolatile storage unit”). See, e.g., Ishizuka at par. [0023] and Fig. 1.); and
a control unit configured to drive the stepping motor according to an operation instruction information entered from an exterior (Ishizuka discloses a microcomputer 11b that drives the stepper motor 8 (“control unit configured to drive the stepping motor”). See, e.g., Ishizuka at par. [0023]. Ishizuka also discloses that the electric valve control device 11 operates as a slave node based on a communication signal from an air conditioner ECU 16 of a master node (“according to an operation instruction information entered from an exterior”). See, e.g., Ishizuka at pars. [0021]-[0023] and Fig. 1.),
wherein the storage unit is configured to store an amount of hysteresis (Ishizuka discloses that the hysteresis is a predetermined value that is “the number of pulses corresponding to the rotation angle of the motor for hysteresis” (“amount of hysteresis”), and that the EEPROM 11e stores (“storage unit is configured to store”) “the valve opening degree information” that includes “the rotation position of the stepping motor 8, the number of pulses, the valve body position of the expansion valve 5 (electric valve 9), and the like.” See, e.g., Ishizuka at pars. [0027]-[0028] and [0047]. Thus, by storing the rotation position of the stepping motor 8 and the number of pulses, the EEPROM 11e also stores the “amount of hysteresis.”), and
wherein, based on the operation instruction information for moving the valve element a target movement amount entered from the exterior, when moving the valve element to in a direction that differs from a direction of movement immediately prior thereto, the control unit enters to the stepping motor a drive pulse including a number of pulses corresponding to the amount of hysteresis stored in the storage unit and a target number of pulses corresponding to the target movement amount of the valve element (Ishizuka discloses that, in a change of direction, a predetermined number of pulses are added to the valve opening degree based on the rotation angle of the motor to take into consideration the “hysteresis component.” See, e.g., Ishizuka at par. [0047]. Thus, Ishizuka discloses the claimed feature.);
With respect to “a valve element configured to move to a direction approaching a valve seat or to a direction separating therefrom” (Ishizuka does not disclose the details of the valve body of expansion valve 5 and does not explicitly disclose that the valve body of Ishizuka is “configured to move to a direction approaching a valve seat or to a direction separating therefrom.” However, in the same field of endeavor, control of refrigerant fluid, Wakisaka discloses “an electronic expansion valve that is selectively opened and closed by moving a valve member using a stepper motor and to an air conditioner having the electronic expansion valve.” See, e.g., Wakisaka at par. [0001]. Wakisaka discloses an expansion valve 30 in which “[w]hen the rotor 52 of the stepper motor 50 rotates in a forward direction… the valve portion 43 of the valve member 40 moves toward the valve seat 35.” and “[w]hen the rotor 52 of the stepper motor 50 rotates in a reverse direction… the distance between the valve portion 43 of the valve member 40 and the valve seat 35 increases.” (“a valve element configured to move to a direction approaching a valve seat or to a direction separating therefrom”). See, e.g., Wakisaka at pars. [0041] and [0043].
Because Ishizuka does not disclose the details of its expansion valve 5, it would have been obvious and one skilled in the art would have been motivated to look for an expansion valve that performed the same function (i.e., control refringent fluid). See, e.g., Wakisaka at par. [0025]. Using the expansion valve of Wakisaka in the system of Ishizuka would have yielded predictable results because the Wakisaka uses its expansion valve in a similar system to that of Ishizuka to perform the same function. See MPEP § 2143.I.A. It also would have been obvious to modify the system of Ishizuka with the electronic expansion valve of Wakisaka in order to “perform control according to the opening point of the electronic expansion valve” See Wakisaka at Abstract. There would have been a reasonable expectation of success because the system disclose in Wakisaka is similar to that of Ishizuka. See MPEP § 2143.I.G.),
wherein a change in the amount of hysteresis over time based on an integrated value of the number of pulses inputted to the stepping motor is determined in advance, a table or a correlation equation in which the integrated value and the change amount of hysteresis are associated with each other is determined and stored in the storage unit, and the amount of hysteresis is changed in accordance with the integrated value of the number of pulses of the drive pulse inputted to the electrically driven valve based on the stored table or the stored correlation equation (The modified system of Ishizuka in view of Wakisaka discloses a “gear type electric valve”, and as discussed above, the modified system stores hysteresis information concerning the rotational position of the stepping motor and number of pulses (“amount of hysteresis”). See, e.g., Ishizuka at pars. [0008], [0027]-[0028] and [0047]. However, Ishizuka in view of Wakisaka does not explicitly disclose that the stored hysteresis information includes a “change in the amount of hysteresis over time.”).
Kuehn teaches that the gear backlash (i.e., “hysteresis”) can change over time due to, for example, gear wear based on the number of load changes (which corresponds to “integrated value of the number of pulses”). Kuehn at par. [0036] and Fig. 1. Kuehn is analogous art because it is reasonably pertinent to the problem of gear backlash (hysteresis) changing over time based on usage. See MPEP § 2141.01(a).I. Accordingly, it would have been obvious and one skilled in the art would have been motivated to further improve the system of Ishizuka in view of Wakisaka, which stores the “amount of hysteresis” as discussed above, to include storing a change in the hysteresis based on the number of load changes (i.e., based on the number of pulses) in order to “precisely control[] the valve opening degree of an electric valve by eliminating an error due to hysteresis,” as suggested in Ishizuka. Ishizuka at par. [0009]. Because Ishizuka already stores values correspond to an “amount of hysteresis,” there would have been a reasonable chance of success. See MPEP § 2143.I.G.),
a table or a correlation equation in which the integrated value and the change amount of hysteresis are associated with each other is determined and stored in the storage unit (As discussed above, the modified system of Ishizuka in view of Wakisaka and Kuehn will store a correlation between a change in the amount of hysteresis and number of pulses. However, Ishizuka in view of Wakisaka and Kuehn does not explicitly disclose that the correlation is based on a “table or a correlation equation.” But use of tables and equations to correlate parameters was well known in art at the time of filing the present application. For example, in a same field of endeavor, controlling a valve (and thus analogous art), Rosen discloses use of a table to correlate a demand signal (which would correspond to pulses in the system of Ishizuka) and hysteresis. Rosen at par. [0012]. It would have been obvious and one skilled in the art would have been motivated to use a table, as suggested in Rosen, to correlate the number of pulses and the change in hysteresis because these elements could have been combined according to known methods to yield predictable results. See MPEP § 2143.I.A. and § 2143.I.G.)
Regarding claim 3: The control apparatus for an electrically driven valve according to claim 1,
wherein, based on the operation instruction information entered from the exterior, the control unit enters a drive pulse of the target number of pulses to the stepping motor without the number of pulses corresponding to the amount of hysteresis when moving the valve element in a direction that is the same as the direction of movement immediately prior thereto (Ishizuka discloses that, if the rotation direction is the same as the previous drive direction, the predetermined number of pulses is ignored. That is, the valve is operated without adding the hysteresis pulses. See, e.g., Ishizuka at par. [0047]. Thus, Ishizuka discloses the claimed feature.).
Regarding claim 8:
An electrically driven valve unit comprising the control apparatus according to claim 1, and the electrically driven valve (See analysis in claim 1.)
Claims 2 is rejected under 35 U.S.C. 103 as being unpatentable over Japanese Patent Application Publication No. JP2021185325 to Ishizuka et al. (“Ishizuka”) in view of Japanese Patent Publication No. JP4456352B2 to CKD Corp (“CKD”). Note: the cited sections in Ishizuka correspond to a machine translation of Ishizuka provided by Applicant in the IDS of 12/05/2023.
Regarding claim 2:
A control apparatus for an electrically driven valve (Ishizuka discloses motorized valve control device 11 (“control apparatus”) and an electric valve 9 (“electrically driven valve”). See, e.g., Ishizuka at par. [0019] and Fig. 1.) that includes
a valve element configured to move toward and away from a valve seat (Ishizuka discloses an expansion valve 5 with a valve body (“valve element”) of electric valve 9 “for controlling the flow rate of the fluid (refrigerator)….”),
a stepping motor configured to be operated by a drive pulse (Ishizuka discloses a stepping motor 8 (“stepping motor”) that is controlled by pulses (“configured to be operated by entering a drive pulse”) for driving the valve body of the expansion valve 5. See, e.g., Ishizuka at pars. [0019] and [0021].), and
a driving mechanism configured to drive the valve element by a driving force output from the stepping motor (Ishizuka disclose that stepping motor driver 11d (“driving mechanism”) controls the rotation of the stepping motor 8, which controls the expansion valve 5 (“configured to drive the valve element by a driving force output from the stepping motor”). See, e.g., Ishizuka at par. [0023].), the control apparatus comprising:
a nonvolatile storage unit (Ishizuka discloses an EEPROM 11e (“nonvolatile storage unit”). See, e.g., Ishizuka at par. [0023] and Fig. 1.); and
a control unit configured to drive the stepping motor according to an operation instruction information entered from an exterior (Ishizuka discloses a microcomputer 11b that drives the stepper motor 8 (“control unit configured to drive the stepping motor”). See, e.g., Ishizuka at par. [0023]. Ishizuka also discloses that the electric valve control device 11 operates as a slave node based on a communication signal from an air conditioner ECU 16 of a master node (“according to an operation instruction information entered from an exterior”). See, e.g., Ishizuka at pars. [0021]-[0023] and Fig. 1.),
wherein the storage unit is configured to store an amount of hysteresis (Ishizuka discloses that the hysteresis is a predetermined value that is “the number of pulses corresponding to the rotation angle of the motor for hysteresis” (“amount of hysteresis”), and that the EEPROM 11e stores (“storage unit is configured to store”) “the valve opening degree information” that includes “the rotation position of the stepping motor 8, the number of pulses, the valve body position of the expansion valve 5 (electric valve 9), and the like.” See, e.g., Ishizuka at pars. [0027]-[0028] and [0047]. Thus, by storing the rotation position of the stepping motor 8 and the number of pulses, the EEPROM 11e also stores the “amount of hysteresis.”),
wherein, based on the operation instruction information for moving the valve element a target movement amount entered from the exterior, when moving the valve element in a direction that differs from a direction of movement immediately prior thereto, the control unit enters to the stepping motor a drive pulse including a number of pulses corresponding to the amount of hysteresis stored in the storage unit and a target number of pulses corresponding to the target movement amount of the valve element (Ishizuka discloses that, in a change of direction, a predetermined number of pulses are added to the valve opening degree based on the rotation angle of the motor to take into consideration the “hysteresis component.” See, e.g., Ishizuka at par. [0047]. Thus, Ishizuka discloses the claimed feature.), and
With respect to “a valve element configured to move to a direction approaching a valve seat or to a direction separating therefrom” (Ishizuka does not disclose the details of the valve body of expansion valve 5 and does not explicitly disclose that the valve body of Ishizuka is “configured to move to a direction approaching a valve seat or to a direction separating therefrom.” However, in the same field of endeavor, controlling a valve using a step motor (and thus analogous art), CKD discloses a “motor-driven proportional valve 1 [that] has a needle valve body 10 in contact with or separated from a valve seat 6 disposed between the input port 3 and the output port 4 and is connected to the needle valve body 10” (“a valve element configured to move to a direction approaching a valve seat or to a direction separating therefrom”). See, e.g., CKD at last full par. on p. 3.
Because Ishizuka does not disclose the details of its expansion valve 5, it would have been obvious and one skilled in the art would have been motivated to look for and incorporate a valve such as that disclosed in CKD in to the system of Ishizuka to control fluid flow. See, e.g., CKD at par. extending between pp. 2-3. Because the system discloses in CKD is similar to that of Ishizuka, incorporating the flow valve of CKD into the system of Ishizuka would have yielded predictable results. See MPEP § 2143.I.A.).
wherein the control unit determines the number of pulses corresponding to the amount of hysteresis by causing the stepping motor to rest after moving the valve element in one direction, acquiring a flow rate of fluid passing through the valve element and the valve seat at that time as an initial flow rate, entering pulses one pulse at a time and after the initial flow rate is acquired to move the valve element in another direction, acquiring the flow rate of fluid each time one of the pulses is entered, and storing a number of pulses at a point of time when a flow rate that has been varied from the initial flow rate has become equal to a predetermined amount or more for the first time -1 as the number of pulses corresponding to the amount of hysteresis in the storage unit (This element merely recites steps needed to perform a hysteresis calibration correlating fluid flow to the pulses sent to a stepping motor. As discussed above, Ishizuka discloses a valve control system that takes into account hysteresis. However, Ishizuka does not explicitly disclose how the hysteresis calibration is performed. CKD discloses a calibration procedure that correlates fluid flow to pulses of the stepping motor 15 in the open and close directions and storing the information in storage memory 33. CDK at pp. 6-7 and Fig. 9. It would have been obvious and one skilled in the art would have been motivated to incorporate the hysteresis calibration method of CDK into the system of Ishizuka so that “the valve opening degree can be accurately adjusted based on the number of steps of the stepping motor 15,the flow rate accuracy can be improved, and a stable sealing force can be obtained.” CDK at p. 8. There would have been a reasonable expectation of success because the system disclose in CKD is similar to that of Ishizuka. See MPEP § 2143.I.G.).
Claims 5 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Ishizuka in view of Wakisaka, Kuehn, and Rosen, and further in view of Chinese Patent Application Publication Np. CN115711318A to Fujikoki Corp. (Fujokoki”).
Regarding claim 5: The control apparatus for an electrically driven valve according to claim 1,
wherein, if the target number of pulses added to an effective number of pulses corresponding to a current position of the valve element exceeds a specified value, or if the target number of pulses subtracted from the effective number of pulses corresponding to a current position of the valve element falls below a specified value, a drive pulse to the specified value is entered to the stepping motor (Fujikoki at p. 12 (last three paragraphs from bottom), rotor 41 is controlled to pulse pattern number PT1 (“specified value”) corresponding to contact between valve core 30 and valve seat 18. See also, Fujikoki at pp. 16-17.).
Regarding claim 6: The control apparatus for an electrically driven valve according to claim 1,
wherein, if the target number of pulses subtracted from the effective number of pulses corresponding to a current position of the valve element falls below a specified value, a drive pulse that is equal to a number of pulses for moving the valve element to the specified value plus additional pulses corresponding to a pressing amount for closing the valve is entered to the stepping motor (Fujikoki at p. 12 (last three paragraphs from bottom) and p. 13 (first paragraph), rotor 41 is controlled to pulse pattern number PT1 (“specified value”) corresponding to contact between valve core 30 and valve seat 18. After initial contact, the rotor 41 is rotated using additional pulses to compress closing valve spring 47. See also, Fujikoki at pp. 16-17.).
Response to Arguments
Applicant’s amendments in the Amendment of April 14, 2026, have overcome the objections to claims 1, 7, and 8.
Applicant’s amendments in the April 4 Amendment have overcome the 35 USC 112(b) rejections of claims 1-5, 7, and 8. However, claim 6 remains rejected under 112(b) for the reasons given above.
Applicant’s arguments with respect to the rejection of claim 1 under 35 USC 103 has 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.
With respect to claim 2, Applicant’s arguments that claim 2 should be allowable because it is not rejected in view of the prior art is not persuasive. As indicated in the Non-Final Office Action of 02/12/2026, the precise scope of claim 2 could not be determined by the examiner. In addition, Applicant’s amendments have changed the scope from that of the original. For example, newly added feature “entering pulses one at a time” has a different scope than the original feature of “each time a number of pulses of the drive pulse entered to the stepping motor ….”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
U.S. Patent No. 6,175,793 to John Michael Ironside discloses correcting for backlash caused by wear.
U.S. Patent No. 6,597,141 to Wilson-Jones et al. discloses correcting for backlash caused by wear.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/B.K./Examiner, Art Unit 2116
/KENNETH M LO/Supervisory Patent Examiner, Art Unit 2116