DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 3/10/2026 has been entered.
This action is in response to the amendment filed 3/10/2026 that was entered with the submission of the request for continued examination dated 3/10/2026. Claim 1 is currently amended. Claims 8-14 are newly added. No claims have been canceled. Presently, claims 1-14 are pending.
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 3/10/2026 have been fully considered but they are not persuasive.
Applicant argues the Objections to the Drawings in the Response to Drawing Objections section on page 6 of the response filed 3/10/2026. Applicant has provided replacement sheets for Figures 6, 8, 9 and 11 to provide appropriate cross-hatching. However, Figure 5 originally filed 3/28/2024 lack appropriate cross-hatching. Therefore, the replacement figures filed 3/10/2026 do not fully correct the issues noted in the Drawing Objections presented in the Office action dated 12/10/2025.
Applicant’s arguments, see the Response to Rejection under 35 U.S.C. 102 section on pages 6-11 of the response dated 3/10/2026, with respect to the rejection(s) of claim(s) 1 and 4 under 35 U.S.C. 102(a)(1) as being anticipated by Milliren (US 4185807) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Gold et al. (US 2685294).
It is considered that the Gold et al. reference addresses applicant’s concerns and claim language relating to when the small-diameter tip of the shaft is inserted into the small- diameter flow path of the main body, a gap (see “gap” in the annotated figure 1 below) is formed between an outer circumferential surface of the small-diameter tip and an inner circumferential surface of the small-diameter flow path, and an outer circumferential surface of the tapered portion of the shaft is configured to be engageable with an inner circumferential surface (at 10) of the tapered flow path of the main body, wherein a boundary state between small-flow region (see “small-flow region” in the annotated figure 1 below) and a large-flow region (see “large-flow region” in the annotated figure 1 below), an end surface (considered the end of the small-diameter tip shown in dashed lines in figure 1; further, see “end surface” in the annotated figure 1 below) aligns with a boundary between the small-diameter flow path and the tapered flow path.
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Further, the Gold et al. reference discloses wherein “Minimum flow rate is thus established in any particular installation by the calculated total cross-sectional flow area afforded by the cylindrical clearance between the control members and the flow resistance length of the cylindrical flow path” (see col. 2, lines 9-29).
Therefore, it is considered that the device of the Gold et al. reference would not operate differently with the claimed radial dimension of the gap relative to the diameter of the small-diameter tip since the clearance (i.e., the gap) between the control members (i.e., the small-diameter tip and the sidewall of the small-diameter flow path that defines the small-flow region), along with the flow resistance length of the cylindrical flow path, is designed to achieve the desired flow rate when the device is not in the closed position. Further, the device of Gold et al. would function appropriately with the claimed gap having a radial dimension that is 3% or less of a diameter of the small-diameter tip.
Therefore, it is considered that the Gold et al. reference, as modified below, addresses applicant’s concerns and claim language relating to the newly added features of claim 1.
Further, it is considered that the Kallenbach reference (US 3409271) addresses applicant’s concerns and claim language relating to the co-rotation prevention mechanism comprises a co-rotation prevention member having an axial groove (Kallenbach: 44) and a co-rotation prevention bolt (Kallenbach: 35) engaged with the axial groove so as to constrain circumferential rotation of the shaft while permitting axial movement of the shaft (Kallenbach: see col. 3, lines 40-55).
Since new grounds of rejection were necessitated by applicant’s amendment that was entered with the submission of the request for continued examination, the instant Office action is made non-final.
Drawings
The drawings were received on 3/28/2024 and 3/10/2024. These drawings are not acceptable.
The drawings are objected to because the drawings (see figures 5, 6, 7, 8, 9, 10, 11, 12, 13 of the originally filed drawings dated 3/28/2024) lack appropriate cross-hatchings for the elements shown in sectional views (see MPEP 608.02(V)(h)(3)). 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.
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) 1 and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gold et al. (US 2685294).
Regarding claim 1, the Gold et al. reference discloses a flow rate regulating valve comprising:
a main body (6, 14) defining a longitudinal axis (see “longitudinal axis” in the annotated figure 1 below) having a small-diameter flow path (see “small-diameter flow path” in the annotated figure 1 below), a tapered flow path (17; see “tapered flow path” in the annotated figure 1 below) continuous with the small-diameter flow path, and a large-diameter flow path (see “large-diameter flow path” in the annotated figure 1 below) continuous with the tapered flow path;
a shaft (13) having a small-diameter tip (see “small-diameter tip” in the annotated figure 1 below) that is of a uniform diameter (see “uniform diameter section” in the annotated figure 1 below) along a length thereof and is configured to be inserted into the small-diameter flow path from the large-diameter flow path side of the main body (see figure 1), and a tapered portion (18) continuous with the small-diameter tip;
an opening adjustment rotating member (handle 15); and
a conversion mechanism (it is considered that the interaction of the female threads of the housing and the male threads (at 13) of the stem 13 constitutes a conversion mechanism) that converts rotation of the opening adjustment rotating member into movement in an axial direction of the shaft parallel to the longitudinal axis,
wherein when the small-diameter tip of the shaft is inserted into the small- diameter flow path of the main body, a gap (see “gap” in the annotated figure 1 below) is formed between an outer circumferential surface of the small-diameter tip and an inner circumferential surface of the small-diameter flow path, and an outer circumferential surface of the tapered portion of the shaft is configured to be engageable with an inner circumferential surface (at 10) of the tapered flow path of the main body, wherein a boundary state between small-flow region (see “small-flow region” in the annotated figure 1 below) and a large-flow region (see “large-flow region” in the annotated figure 1 below), an end surface (considered the end of the small-diameter tip shown in dashed lines in figure 1; further, see “end surface” in the annotated figure 1 below) aligns with a boundary between the small-diameter flow path and the tapered flow path.
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The Gold et al. reference discloses wherein “Minimum flow rate is thus established in any particular installation by the calculated total cross-sectional flow area afforded by the cylindrical clearance between the control members and the flow resistance length of the cylindrical flow path” (see col. 2, lines 9-29).
The Gold et al. reference does not disclose wherein the gap has a radial dimension that is 3% or less of a diameter of the small-diameter tip.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to cause the device of Gold et al. to provide the gap to have a radial dimension that is 3% or less of a diameter of the small-diameter tip since it has been held that “where the only different between the prior art and the claims was a recitation of relative dimension of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device” Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 SPQ 232 (1984). In the instant case, the device of Gold et al. would not operate differently with the claimed radial dimension of the gap relative to the diameter of the small-diameter tip since the clearance (i.e., the gap) between the control members (i.e., the small-diameter tip and the sidewall of the small-diameter flow path that defines the small-flow region), along with the flow resistance length of the cylindrical flow path, is designed to achieve the desired flow rate when the device is not in the closed position. Further, the device of Gold et al. would function appropriately with the claimed gap having a radial dimension that is 3% or less of a diameter of the small-diameter tip.
In regards to claim 4, the Gold et al. reference a rapid opening adjustment member (handle 15) that moves the shaft toward the small-diameter tip (it is considered that the rotation / actuation of the rapid opening adjustment member 15 operates the shaft 13; further, it is considered that the handle 15 would permit a user quickly operate the stem 13).
Claim(s) 2, 3, and 5-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gold et al. (US 2685294) in view of Kallenbach (US 3409271).
In regards to claim 2, the Gold et al. reference does not disclose wherein the conversion mechanism includes a threaded portion between a female thread formed on the opening adjustment rotation member and a male thread formed on the shaft.
However, the Kallenbach reference teaches a flow rate regulating valve comprising:
a main body (12) having a small-diameter flow path, a tapered flow path continuous with the small-diameter flow path, and a large-diameter flow path continuous with the tapered flow path;
a shaft (non-rotating stem 28) having a small-diameter tip that can be inserted into the small-diameter flow path from the large-diameter flow path side of the main body;
an opening adjustment rotating member (58, 61, 50, 48); and
a conversion mechanism (it is considered that the interaction of the female threads of the element 48 and the male threads on the shaft portion 32 of the non-rotating stem 28 constitutes a conversion mechanism) that converts rotation of the opening adjustment rotating member into movement in an axial direction of the shaft, and wherein:
the conversion mechanism includes a threaded portion between a female thread (on the element 48 at 51) formed on the opening adjustment rotation member (48) and a male thread (on the shaft part 32 of the non-rotating stem 28) formed on the shaft;
wherein the conversion mechanism permits the stem (28) to be non-rotating while being axially translated to either open or close the tapered flow path through the main body (see at least col. 3, line 56 to col. 4, line 29).
The substitution of one known element (the conversion mechanism having a threaded portion between a female thread formed on the opening adjustment rotation member and a male thread formed on the shaft as shown in Kallenbach) for another (the conversion mechanism as shown in Gold et al.) would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art since the substitution of the conversion mechanism having a threaded portion between a female thread formed on the opening adjustment rotation member and a male thread formed on the shaft as shown in Kallenbach would have yielded predictable results, namely, providing the shaft as a non-rotating shaft so that the shaft does not rotationally grind against the tapered flow path to ensure a desired seal when in the closed position to reduce potential leakage through the regulating valve of the Gold et al. reference.
In regards to claim 3, the Gold et al. reference does not disclose a co-rotation prevention mechanism that prevents the shaft from co-rotating with the opening adjustment member when the opening adjustment rotating member is rotated.
However, the Kallenbach reference teaches a flow rate regulating valve comprising:
a main body (12) having a small-diameter flow path, a tapered flow path continuous with the small-diameter flow path, and a large-diameter flow path continuous with the tapered flow path;
a shaft (non-rotating stem 28) having a small-diameter tip that can be inserted into the small-diameter flow path from the large-diameter flow path side of the main body;
an opening adjustment rotating member (58, 61, 50, 48); and
a conversion mechanism (it is considered that the interaction of the female threads of the element 48 and the male threads on the shaft portion 32 of the non-rotating stem 28 constitutes a conversion mechanism) that converts rotation of the opening adjustment rotating member into movement in an axial direction of the shaft, and
a co-rotation prevention mechanism (it is considered that the interaction of the pin 35 received in the shaft 28 interacts with the groove 44 of the element 29 constitutes a co-rotation prevention mechanism) that prevents the shaft from co-rotating with the opening adjustment rotating member when the opening adjustment rotating member is rotated (Kallenbach: see col. 3, lines 40-55).
The substitution of one known element (the opening adjustment rotating member and the conversion mechanism of the flow rate regulating valve including a co-rotation prevention mechanism as shown in Kallenbach) for another (the opening adjustment rotating member and the conversion mechanism as shown in Gold et al.) would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art since the substitution of opening adjustment rotating member and the conversion mechanism that includes a co-rotation prevention mechanism that prevents the shaft from co-rotating with the opening adjustment rotating member when the opening adjustment rotating member is rotated as shown in Kallenbach would have yielded predictable results, namely, providing the shaft as a non-rotating shaft and preventing the shaft from co-rotating with the opening adjustment rotating member so that the shaft does not rotationally grind against the tapered flow path to ensure a desired seal when in the closed position to reduce potential leakage through the regulating valve of the Gold et al. reference.
In regards to claim 5, the combination of the Gold et al. reference and the Kallenbach reference, as applied to claim 2 above, does not expressly disclose a co-rotation prevention mechanism that prevents the shaft from co-rotating with the opening adjustment member when the opening adjustment rotating member is rotated.
However, the Kallenbach reference teaches a flow rate regulating valve comprising:
a main body (12) having a small-diameter flow path, a tapered flow path continuous with the small-diameter flow path, and a large-diameter flow path continuous with the tapered flow path;
a shaft (non-rotating stem 28) having a small-diameter tip that can be inserted into the small-diameter flow path from the large-diameter flow path side of the main body;
an opening adjustment rotating member (58, 61, 50, 48); and
a conversion mechanism (it is considered that the interaction of the female threads of the element 48 and the male threads on the shaft portion 32 of the non-rotating stem 28 constitutes a conversion mechanism) that converts rotation of the opening adjustment rotating member into movement in an axial direction of the shaft, and
a co-rotation prevention mechanism (it is considered that the interaction of the pin 35 received in the shaft 28 interacts with the groove 44 of the element 29 constitutes a co-rotation prevention mechanism) that prevents the shaft from co-rotating with the opening adjustment rotating member when the opening adjustment rotating member is rotated (Kallenbach: see col. 3, lines 40-55).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to provide the combination of the Gold et al. reference and the Kallenbach reference with a co-rotation prevention mechanism as taught by the Kallenbach reference in order to assist in preventing the shaft having the small-diameter tip in being non-rotating and preventing the shaft from co-rotating with the opening adjustment rotating member so that the shaft does not rotationally grind against the tapered flow path to ensure a desired seal when in the closed position to reduce potential leakage through the regulating valve.
In regards to claim 6, the Gold et al. reference of the combination of the Gold et al. reference and the Kallenbach reference discloses a rapid opening adjustment member (Gold et al.: handle 15) that moves the shaft toward the small-diameter tip (Gold et al.: it is considered that the rotation / actuation of the rapid opening adjustment member 15 operates the shaft 13; further, it is considered that the handle 15 would permit a user quickly operate the stem 13).
In regards to claim 7, the Gold et al. reference of the combination of the Gold et al. reference and the Kallenbach reference discloses a rapid opening adjustment member (Gold et al.: handle 15) that moves the shaft toward the small-diameter tip (Gold et al.: it is considered that the rotation / actuation of the rapid opening adjustment member 15 operates the shaft 13; further, it is considered that the handle 15 would permit a user quickly operate the stem 13).
In regards to claim 8, the Kallenbach reference of the combination of the Gold et al. reference and the Kallenbach reference discloses wherein the co-rotation prevention mechanism comprises a co-rotation prevention member having an axial groove (Kallenbach: 44) and a co-rotation prevention bolt (Kallenbach: 35) engaged with the axial groove so as to constrain circumferential rotation of the shaft while permitting axial movement of the shaft (Kallenbach: see col. 3, lines 40-55).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gold et al. (US 2685294) in view of Kallenbach (US 3409271), as applied to claim 8 above, and further in view of Pearson (US 3492880).
In regards to claim 9, the combination of the Gold et al. reference and the Kallenbach reference does not disclose wherein a shaft rotation prevention bearing is provided on the co-rotation prevention bolt and contacts the axial groove.
However, the Pearson reference teaches a valve control and actuating mechanism that includes a rotation prevention mechanism that includes an axial groove (48) that receives a pin (44) and wherein the pin includes an anti-friction bearing (50) in order to reduce friction during movement of the pin within the groove (col. 4, lines 3-8).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to provide the pin of the combination of the Gold et al. reference and the Kallenbach reference with a bearing as taught by the Pearson reference in order to reduce friction during movement of the pin within the groove.
Allowable Subject Matter
Claims 10-14 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.
The following is a statement of reasons for the indication of allowable subject matter:
In regards to claim 10, the prior art of record does not disclose or suggest wherein a plurality of biasing springs are disposed radially outward of the co-rotation prevention member and bias the co-rotation prevention bolt along the axial direction and in combination with the other limitations of the claim.
In regards to claim 11, the prior art of record does not disclose or suggest wherein the co-rotation prevention member has a hollow portion, and a single spring is disposed within the hollow portion, the single spring contacting a closed bottom surface of the hollow portion and a flange of the shaft and in combination with the other limitations of the claim.
In regards to claim 12, the prior art of record does not disclose or suggest wherein the rapid opening adjustment member includes a shaft part fastened to a female screw formed in a base of the shaft and in combination with the other limitations of the claim.
Claims 13 and 14 depend from claim 12, either directly or indirectly, and, therefore, claims 13 and 14 are indicated as being allowable for containing the indicated allowable subject matter of claim 12.
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Andrew J. Rost whose telephone number is (571) 272-2711. The examiner can normally be reached on Monday-Friday from 8:00 am to 4:30 pm EST.
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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/ANDREW J ROST/Examiner, Art Unit 3753
/CRAIG M SCHNEIDER/Supervisory Patent Examiner, Art Unit 3753
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