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.
Claims 8-12 are 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.
Claims 8-12 recite the limitation "The method" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claims 1 and 7 do not claim a method.
It should be noted that as a method is not claimed, adding a method may be subject to restriction by original presentation.
Claim Rejections - 35 USC § 102
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) 1-2, 6-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lu (CN 105333221) with references made to applicant provided machine translation.
Lu discloses, regarding claim 1, (see figure 1) a valve heater comprising a sheet (12) into which is integrated one or more heating elements (16) (see paragraph [0022]: the electric heating wire 16 is fixed, thus integrated on the external cylindrical surface of cylindrical drum 12), the sheet being shaped to be located within a valve housing. Regarding claim 2, a power supply is connected to the heating element. (See Page 2 Paragraph 1) Regarding claim 6, the sheet 12 is cylindrical. (See Page 3) Regarding claim 7, Fig 1 shows a ball valve having an inlet, outlet and ball element. (See Abstract) Fig 1 shows a fluid path through the valve with the heater located on an inner surface of the ball element. (See Abstract) Regarding claim 8, the heater must be inserted when the valve is open.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 3-4, 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lu (CN 105333221) in view of Schild et al (US 2010/0269917).
The teachings of Lu have been discussed above. Lu fails to disclose the heating elements are embedded in silicone.
Schild discloses, a heating element 30, which is embedded in silicone between the inner layer 10 and protective jacket 40. (See Paragraph [0018], Fig 2) It would have been obvious to a person having ordinary skill in the art at the time of the invention to provide the silicone for insulating components from the heating element. Regarding claim 4, layer F or 44 is a ferromagnetic layer on top of the silicone. (See Paragraphs [0018]-[0019] and Fig 4) It would have been obvious to adapt Lu in view of Schlid to provide the ferromagnetic layer for resisting increases in pressure.
Regarding claim 9, Lu and Schlid discloses the heating elements are conductive coils. Lu fails to disclose the heating elements are embedded in silicone; a ferromagnetic layer. As a method is not being claimed, the step in claim 9 is not given patentable weight as it does not provide any structure. As a method is not being claimed, the step in claim 10 is not given patentable weight as it does not provide any structure.
Schild discloses, a heating element 30, which is embedded in silicone between the inner layer 10 and protective jacket 40. (See Paragraph [0018], Fig 2) It would have been obvious to a person having ordinary skill in the art at the time of the invention to provide the silicone for insulating components from the heating element. Layer F or 44 is a ferromagnetic layer on top of the silicone. (See Paragraphs [0018]-[0019] and Fig 4) It would have been obvious to adapt Lu in view of Schlid to provide the ferromagnetic layer for resisting increases in pressure.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lu (CN 105333221) in view of Cho (US 2015/0359041).
The teachings of Lu have been discussed above. Lu fails to disclose the protective layer between the sheet and the fluid flow. However, Cho discloses a heating element 103 having a sheet 107 between the heating element and a protective layer 109. (See Paragraph [0031]-[0032]) It would have been obvious to adapt Lu in view of Cho to provide the protective layer for electrical waterproofing and resistance against oxidation.
Claim(s) 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lu (CN 105333221) in view of Martin et al (US 2022/0282742).
The teachings of Lu have been discussed above. Lu fails to disclose additive manufacturing and forming the ball element as two halves.
Martin discloses forming a ball valve via additive manufacturing. (see Paragraph [0004]) It would have been obvious to adapt Lu in view of Martin to provide the additive manufacturing or forming the ball element in two halves as both of these are obvious variants for forming a ball valve.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN W JENNISON whose telephone number is (571)270-5930. The examiner can normally be reached M-Th 9-5.
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/BRIAN W JENNISON/Primary Examiner, Art Unit 3761
