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(s) 4, 11, 19, 20 is/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 pre-AIA the applicant regards as the invention.
Claims 4, 11, 19 each recite the limitation "the valve seat". There is insufficient antecedent basis for the limitation in each of the claims.
Claim 20 recites the limitation " the amount of fluid" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 20 recites the limitation "the normal flow of fluid " in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 103
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.
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) 1, 4-8, 11-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Birch (7594639) in view of Gibbs et al (3711063).
Regarding claim(s) 1, Birch discloses a fluid control valve cartridge 22,36 for fluid having a pressure, comprising: a body 22 having a stem (top) end, a valve (bottom) end (sees as capable of being held in fluid communication with a fluid control valve of a gas faucet in a gas plumbing system through outlet 12), an exterior surface, and a generally cylindrical interior surface; and a generally cylindrical split stem 17-24 at least a portion which is configured to be rotatably held within the interior of said cartridge body having a spindle 32 configured to receive a faucet handle 34, comprising: an upper stem 24 sized so as to be received within the interior surface of said cartridge body and configured to be capable of being rotated when the spindle 32 is turned, and having an upper end adjacent to the spindle 32 and a lower end generally opposite the upper end and adjacent to the cartridge body valve end with a cavity (lower interior space of 24) extending therefrom into the upper stem toward the upper stem upper end, the upper stem configured (when closing the valve by lowering 24 so that 24 abuts 26 to close valve at 18) to extend toward the valve end of the cartridge body when the spindle is rotated to close the valve and (when 24 is in raised position shown in Figure) retract from the valve end when the spindle is rotated to open the valve; a lower stem 18-26 having an upper end 26 configured so that a portion of it can be slidably received into the interior of said cartridge body 36-22 at its valve end and adjacent to the lower end of the upper stem 24; and a spring 30 held in the cavity that is capable of compressing when the pressure of the fluid in the valve (from upstream side 10) equals or exceeds a predetermined pressure, wherein, cavity and spring have diameters such that the cavity can receive the spring, and have lengths such that the lower end of the upper stem 24 and the upper end 26 of the lower stem 18-26 form a gap (shown above 26 in Figure) when the spring is fully extended.
Birch discloses a spring 30 held in cavity formed by upper stem 24 and a cavity 28 of lower stem but fails to disclose a piston affixed to upper stem slidably received in the upper stem cavity to retain spring in-place inside upper stem cavity. Gibbs teaches a similar valve, a split stem 25-32 an comprising: an upper stem (28,25,23) with a cavity 27 extending therefrom into the upper stem toward the upper stem upper end; a lower stem 32 having a piston 29 affixed thereto; and a spring 31 held in the cavity by the piston 29 that is capable of compressing when the pressure of the fluid in the valve equals or exceeds a predetermined pressure, wherein the piston 29, cavity 27 and spring 31 have diameters such that the cavity 27 can receive slidably the spring 31 and the piston 29, and have lengths such that the lower end 28 of the upper stem and the upper end of the lower stem 32 form a gap (Fig 3,4) when the spring is fully extended.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have provided the system disclosed by Birch with a piston affixed to lower stem sliding along with the spring in upper stem cavity as taught by Gibbs as an art-recognized functionally substitute spring retention mechanism yielding predictable results of providing a separating biasing force spring secured between upper and lower stem.
The recitation “pipe-burst-prevention fluid control valve” is considered to be a name given the claimed device relative to its intended use. From M.P.E.P. §2111.02 (II): If the body of a claim fully and intrinsically sets forth all of the limitations of the claimed invention, and the preamble merely states, for example, the purpose or intended use of the invention, rather than any distinct definition of any of the claimed invention’s limitations, then the preamble is not considered a limitation and is of no significance to claim construction. Pitney Bowes, Inc. v. Hewlett-Packard Co., 182 F.3d 1298, 1305, 51 USPQ2d 1161, 1165 (Fed. Cir.1999). If a prior art structure is capable of performing the intended use as recited in the preamble, then it meets the claim. See, e.g., In re Schreiber, 128 F.3d 1473, 1477, 44 USPQ2d 1429, 1431 (Fed.Cir. 1997). As evidenced by the explanation given above, the claimed structure finds their equivalents in the reference(s) applied. As such the device of Birch is readable as a “pipe-burst-prevention fluid control valve”.
As to claim 4, Birch discloses cartridge 22 configured to allow the lower stem 17-24 lower end 27 to raise off the valve seat 14 and allow an amount of fluid to flow through the valve when the spindle 32 is in its closed position (position when upper stem is lowered very close to lower stem such that spring 30 biases valve to close position) and the pressure of the fluid exceeds the predetermined pressure (pressure above spring bias).
As to claim 5, the amount of fluid (in position when upper stem is lowered very close to lower stem) is less than the normal flow (when the valve is fully upwardly raised to upper most position of upper stem and lower stem) of fluid through the valve when the spindle has been rotated to open the fluid control valve to its fully open position (least obstruction between 14, 12 when valve is fully upwardly open).
As to claims 6, 7, Birch as modified fails to disclose the claimed ranged of fluid flow rate (in position of valve closed only by spring bias, as described above). Thus as the general conditions of the claim are disclosed it is not considered inventive to disclose optimum or workable ranges of the fluid flow rate. Accordingly, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have used the claimed optimal ranges of the fluid flow rate, since it has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art.
As to claim 8, Birch discloses a compact, valve comprising: a gas faucet housing (outer body portion of 2) having a handle 34 and an outlet (outer right side section of 12) for delivering fluid from the building plumbing system; a control valve (18, 14, and passage between 18,14) having an inlet (passage of 14) and an outlet (inner opening of 12) in fluid communication with each other and the control valve outlet in fluid communication with the faucet housing outlet (outer right side section of 12); and a cartridge 22,36 disposed in fluid communication with said control valve (18, 14, and passage between 18,14) within said faucet housing (outer body portion of 2) in between the faucet inlet (downstream upper section of 10) and the faucet outlet (outer right side section of 12), comprising: a body 22 having a stem (upper) end, a valve (lower) end capable of being held in fluid communication with said a fluid control valve (18, 14, and passage between 18,14) and faucet housing (outer body portion of 2), an exterior surface, and a generally cylindrical interior; and a generally cylindrical split stem 17-24 at least a portion which is configured to be rotatably held within the interior of said cartridge body 22 having a spindle 32 configured to receive the faucet handle 34, said split stem, comprising: an upper stem 24 sized so as to be received within said cartridge body 22 and configured to be capable of being rotated when the spindle 32 is turned, and having an upper end adjacent to the spindle 32 and a lower end generally opposite the upper end adjacent to the cartridge body valve end with an interior cavity (lower interior space of 24) extending therefrom into the upper stem toward the upper stem upper end, the upper stem 22 configured to extend toward the (lower end) valve end of the cartridge body 22 when the spindle is rotated to close the valve and retract from the valve end when the spindle is rotated to open the valve; a lower stem 17-26 having an upper end configured so that a portion of it can be slidably received into the interior of said cartridge body at its valve end and adjacent to the lower end of the upper stem 22; and a spring 30 that is capable of compressing when the pressure of the fluid in the valve exceeds a predetermined pressure, wherein the cavity (lower interior space of 24) and spring 30 have diameters such that the cavity can receive the spring and have lengths such that the lower end of the upper stem 22 and the upper end 26 of the lower stem form a gap when the spring is fully extended.
Birch discloses a spring 30 held in cavity formed by upper stem 24 and a cavity 28 of lower stem but fails to disclose a piston affixed to upper stem slidably received in the upper stem cavity to retain spring in-place inside upper stem cavity. Gibbs teaches a similar valve, a split stem 25-32 an comprising: an upper stem (28,25,23) with a cavity 27 extending therefrom into the upper stem toward the upper stem upper end; a lower stem 32 having a piston 29 affixed thereto; and a spring 31 held in the cavity by the piston 29 that is capable of compressing when the pressure of the fluid in the valve equals or exceeds a predetermined pressure, wherein the piston 29, cavity 27 and spring 31 have diameters such that the cavity 27 can receive slidably the spring 31 and the piston 29, and have lengths such that the lower end 28 of the upper stem and the upper end of the lower stem 32 form a gap (Fig 3,4) when the spring is fully extended.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have provided the system disclosed by Birch with a piston affixed to lower stem sliding along with the spring in upper stem cavity as taught by Gibbs as an art-recognized functionally substitute spring retention mechanism yielding predictable results of providing a separating biasing force spring secured between upper and lower stem.
The recitation “pipe-burst-prevention control valve system for use with fluid having a pressure in a building plumbing system” is considered to be a name given the claimed device relative to its intended use. From M.P.E.P. §2111.02 (II): If the body of a claim fully and intrinsically sets forth all of the limitations of the claimed invention, and the preamble merely states, for example, the purpose or intended use of the invention, rather than any distinct definition of any of the claimed invention’s limitations, then the preamble is not considered a limitation and is of no significance to claim construction. Pitney Bowes, Inc. v. Hewlett-Packard Co., 182 F.3d 1298, 1305, 51 USPQ2d 1161, 1165 (Fed. Cir.1999). If a prior art structure is capable of performing the intended use as recited in the preamble, then it meets the claim. See, e.g., In re Schreiber, 128 F.3d 1473, 1477, 44 USPQ2d 1429, 1431 (Fed.Cir. 1997). As evidenced by the explanation given above, the claimed structure finds their equivalents in the reference(s) applied. As such the device of Birch is readable as a “pipe-burst-prevention control valve system for use with fluid having a pressure in a building plumbing system”.
As to claim 11, Birch discloses cartridge 22 configured to allow the lower stem 17-24 lower end 27 to raise off the valve seat 14 and allow an amount of fluid to flow through the valve when the spindle 32 is in its closed position (position when upper stem is lowered very close to lower stem such that spring 30 biases valve to close position) and the pressure of the fluid exceeds the predetermined pressure (pressure above spring bias).
As to claim 12, the amount of fluid (in position when upper stem is lowered very close to lower stem) is less than the normal flow (when the valve is fully upwardly raised to upper most position of upper stem and lower stem) of fluid through the valve when the spindle has been rotated to open the fluid control valve to its fully open position (least obstruction between 14, 12 when valve is fully upwardly open).
As to claims 13,14, Birch as modified fails to disclose the claimed ranged of fluid flow rate (in position of valve closed only by spring bias, as described above). Thus as the general conditions of the claim are disclosed it is not considered inventive to disclose optimum or workable ranges of the fluid flow rate. Accordingly, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have used the claimed optimal ranges of the fluid flow rate, since it has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art.
As to claim 15, in making and/or using the device of Birch, for pressure relief in a building gas plumbing system (at 6 and downstream gas piping system), one would perform the steps of disposing a fluid control valve system for use with a fluid having a pressure in fluid communication with the gas building plumbing system, the fluid control valve system, comprising: a gas faucet housing (outer body portion of 2) having a handle 34 and an outlet (outer right side section of 12) for delivering fluid from the building plumbing system; a control valve (18, 14, and passage between 18,14) having an inlet (passage of 14) and an outlet (inner opening of 12) in fluid communication with each other and the control valve outlet in fluid communication with the faucet housing outlet (outer right side section of 12); and a cartridge 22,36 disposed in fluid communication with said control valve (18, 14, and passage between 18,14) within said faucet housing (outer body portion of 2) in between the faucet inlet (downstream upper section of 10) and the faucet outlet (outer right side section of 12), comprising: a body 22 having a stem (upper) end, a valve (lower) end capable of being held in fluid communication with said a fluid control valve (18, 14, and passage between 18,14) and faucet housing (outer body portion of 2), an exterior surface, and a generally cylindrical interior; and a generally cylindrical split stem 17-24 at least a portion which is configured to be rotatably held within the interior of said cartridge body 22 having a spindle 32 configured to receive the faucet handle 34, said split stem, comprising: an upper stem 24 sized so as to be received within said cartridge body 22 and configured to be capable of being rotated when the spindle 32 is turned, and having an upper end adjacent to the spindle 32 and a lower end generally opposite the upper end adjacent to the cartridge body valve end with an interior cavity (lower interior space of 24) extending therefrom into the upper stem toward the upper stem upper end, the upper stem 22 configured to extend toward the (lower end) valve end of the cartridge body 22 when the spindle is rotated to close the valve and retract from the valve end when the spindle is rotated to open the valve; a lower stem 17-26 having an upper end configured so that a portion of it can be slidably received into the interior of said cartridge body at its valve end and adjacent to the lower end of the upper stem 22; and a spring 30 that is capable of compressing when the pressure of the fluid in the valve exceeds a predetermined pressure, wherein the cavity (lower interior space of 24) and spring 30 have diameters such that the cavity can receive the spring and have lengths such that the lower end of the upper stem 22 and the upper end 26 of the lower stem form a gap when the spring is fully extended.
Birch discloses a spring 30 held in cavity formed by upper stem 24 and a cavity 28 of lower stem but fails to disclose a piston affixed to upper stem slidably received in the upper stem cavity to retain spring in-place inside upper stem cavity. Gibbs teaches a similar valve, a split stem 25-32 an comprising: an upper stem (28,25,23) with a cavity 27 extending therefrom into the upper stem toward the upper stem upper end; a lower stem 32 having a piston 29 affixed thereto; and a spring 31 held in the cavity by the piston 29 that is capable of compressing when the pressure of the fluid in the valve equals or exceeds a predetermined pressure, wherein the piston 29, cavity 27 and spring 31 have diameters such that the cavity 27 can receive slidably the spring 31 and the piston 29, and have lengths such that the lower end 28 of the upper stem and the upper end of the lower stem 32 form a gap (Fig 3,4) when the spring is fully extended.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have provided the system disclosed by Birch with a piston affixed to lower stem sliding along with the spring in upper stem cavity as taught by Gibbs as an art-recognized functionally substitute spring retention mechanism yielding predictable results of providing a separating biasing force spring secured between upper and lower stem.
The recitation “preventing pipes in a building plumbing system from bursting” is considered to be a name given the claimed device relative to its intended use. From M.P.E.P. §2111.02 (II): If the body of a claim fully and intrinsically sets forth all of the limitations of the claimed invention, and the preamble merely states, for example, the purpose or intended use of the invention, rather than any distinct definition of any of the claimed invention’s limitations, then the preamble is not considered a limitation and is of no significance to claim construction. Pitney Bowes, Inc. v. Hewlett-Packard Co., 182 F.3d 1298, 1305, 51 USPQ2d 1161, 1165 (Fed. Cir.1999). If a prior art structure is capable of performing the intended use as recited in the preamble, then it meets the claim. See, e.g., In re Schreiber, 128 F.3d 1473, 1477, 44 USPQ2d 1429, 1431 (Fed.Cir. 1997). As evidenced by the explanation given above, the claimed structure finds their equivalents in the reference(s) applied. As such the method of Birch is readable as a “method of preventing pipes in a building plumbing system from bursting”.
As to claims 16-18, Birch discloses the lower stem 17-24 lower end 27 to rising off the valve seat 14 and allow an amount of fluid to flow through the valve when the spindle 32 is in its closed position (position when upper stem is lowered very close to lower stem such that spring 30 biases valve to close position) and the pressure of the fluid exceeds the predetermined pressure (pressure above spring bias) but fails to disclose the claimed ranged of predetermined opening pressure. Thus as the general conditions of the claim are disclosed it is not considered inventive to disclose optimum or workable ranges of the predetermined opening pressure. Accordingly, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have used the claimed optimal ranges of the predetermined opening pressure, since it has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art.
As to claim 19, Birch discloses cartridge 22 configured to allow the lower stem 17-24 lower end 27 to raise off the valve seat 14 and allow an amount of fluid to flow through the valve when the spindle 32 is in its closed position (position when upper stem is lowered very close to lower stem such that spring 30 biases valve to close position) and the pressure of the fluid exceeds the predetermined pressure (pressure above spring bias).
As to claim 20, the amount of fluid (in position when upper stem is lowered very close to lower stem) is less than the normal flow (when the valve is fully upwardly raised to upper most position of upper stem and lower stem) of fluid through the valve when the spindle has been rotated to open the fluid control valve to its fully open position (least obstruction between 14, 12 when valve is fully upwardly open).
Allowable Subject Matter
Claim(s) 2, 3, 9, 10 is/are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Atif Chaudry at phone number 571-270-3768. The examiner can normally be reached on Monday-Friday (9:30AM-6:00PM EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisors can be reached by phone. Kenneth Rinehart can be reached at 571-272-4881, or Craig Schneider can be reached at 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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/ATIF H CHAUDRY/Primary Examiner, Art Unit 3753