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 .
Election/Restrictions
Applicant’s election of Group I and Species II in the reply filed on 09/10/2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claim Objections
Claim 13 objected to under 37 CFR 1.75 as being a substantial duplicate of claim 1. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
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) 1–7, 11 and 13–14 are rejected under 35 U.S.C. 103 as being unpatentable over Dickoff (US PGPub 20180298923 A1) in view of Liu et al. (CN 103335587 A).
Regarding Claim 1, Dickoff discloses a method for determining an opening point position value of a valve device with a valve unit (1), wherein the opening point position value describes the position of a valve member (25) of the valve unit (1) at which position the valve member (25) changes from a closed state to an open state (Paras. 13 and 24), wherein the method comprises the steps: providing a drive variable signal course (Paras. 13 and 24, where the drive variable is voltage), in order to drive the valve member with a drive variable, in particular an electrical voltage or a pressure (Para. 24, voltage), so that the valve member is moved from the closed state to the open state and/or from the open state to the closed state (Para. 24, voltage) but does not discuss a characteristic curve.
Liu teaches using a characteristic curve in order to verify the position of the valve and calibrate the characteristic curve (Para. 12).
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 control system of Dickoff with a characteristic curve and associated elements as taught by Liu in order to verify and confirm the valve position.
The Dickoff–Liu combination teaches during the providing of the drive variable signal course, recording a position characteristic curve of the valve member (Dickoff 25) as a function of the drive variable (Liu Paras. 23–27), on the basis of the recorded position characteristic curve, determining the opening point position value (Liu Paras. 6 and 23–27, where the position sensor is adjusted to the current valve and as a result provides the valve position).
Regarding Claim 2, the Dickoff–Liu combination teaches the valve device (Dickoff 1) has an elastic sealing element (Dickoff 28/29) against which the valve member (Dickoff 25) abuts in the closed state (Dickoff Fig. 1), and wherein the valve member (Dickoff 25) is pressed into the elastic sealing element (Dickoff 28/29) by an initial value of the drive variable signal course (Dickoff Para. 12), so that the valve member (Dickoff 25) undergoes a first movement phase during the providing of the drive variable signal course, in which first movement phase (Dickoff 25) the valve member moves towards the open state, while the valve member (Dickoff 25) continues to abut against the elastic sealing element (Dickoff 28/29) and is in the closed state (Dickoff Para. 12), and a second movement phase following the first movement phase, in which second movement phase the valve member (Dickoff 25) is in the open state (Dickoff Para. 12).
Regarding Claim 3, the Dickoff–Liu combination teaches the position characteristic curve has a first characteristic curve section which is associated with the first movement phase (Liu Para. 6, where the first movement phase is from the closed to the open position) and a second characteristic curve section which is associated with the second movement phase (Liu Para. 6, where the second movement phase is from the open to the closed position), and the valve device determines, as the opening point position value, a position value of the valve member at a kink between the first characteristic curve section and the second characteristic curve section.
Regarding Claim 4, the Dickoff–Liu combination teaches the valve device (Dickoff 1) performs a first rotation (closed to open) of the recorded position characteristic curve by means of a mathematical operation to obtain a rotated position characteristic curve (Liu Para. 14 includes the mathematical operation), and determines the opening point position value by recognizing a minimum of the rotated position characteristic curve (Liu Para. 84).
Regarding Claim 5, the Dickoff–Liu combination teaches the valve device (Dickoff 1) performs a second rotation of the minimum to determine the opening point position value, wherein the second rotation is in opposite direction to the first rotation (open to closed).
Regarding Claim 6, the Dickoff–Liu combination teaches the valve device (Dickoff 1) performs a closed-loop position control (Dickoff Para. 5) of the valve member (Dickoff 25) using the opening point position value.
Regarding Claim 7, the Dickoff–Liu combination teaches the drive variable signal course is provided while the valve device is executing an application, wherein the drive variable signal course is provided when the application specifies the closed state for the valve member (Dickoff Para. 28).
Regarding Claim 11, the Dickoff–Liu combination teaches the valve unit is a piezo valve unit (Dickoff Para. 24).
Regarding Claim 13, the Dickoff–Liu combination teaches the drive variable is an electrical voltage or a pressure (Dickoff Para. 12).
Regarding Claim 14, Dickoff discloses a valve device (1) having a valve unit (5), which has a valve member (25) which can be moved from a closed state into an open state by means of a drive variable (Para. 12, voltage), the valve device being configured to provide a drive variable signal course (Para. 24) in order to drive the valve member (25), so that the valve member (25) is moved from the closed state into the open state and/or from the open state into the closed state, record, during the provision of the drive variable signal course (Para. 24) but does not discuss a characteristic curve.
Liu teaches using a characteristic curve in order to verify the position of the valve and calibrate the characteristic curve (Para. 12).
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 control system of Dickoff with a characteristic curve and associated elements as taught by Liu in order to verify and confirm the valve position.
The Dickoff–Liu combination teaches a position characteristic curve of the valve member (Dickoff 25) as a function of the drive variable and determine an opening point position value on the basis of the recorded position characteristic curve (Liu Paras. 6 and 23–27, where the position sensor is adjusted to the current valve and as a result provides the valve position), the opening point position value describing the position of the valve member at which position the valve member changes from the closed state to the open state (Dickoff Para. 24 and Liu Paras. 6 and 23–27, where the position sensor is adjusted to the current valve and as a result provides the valve position).
Claim(s) 10 is rejected under 35 U.S.C. 103 as being unpatentable over Dickoff (US PGPub 20180298923 A1) in view of Liu et al. (CN 103335587 A), in further view of Graichen et al. (US PGPub 20150315963 A1).
Regarding Claim 10, the Dickoff–Liu combination does not teach the valve device for recording the position characteristic curve detects the position of the valve member using a magnetic field sensor and a magnet present on the valve member.
Graichen teaches a magnet (126) on the valve element (120) and a magnetic field sensor (174) in order to directly obtain the position of the valve element (Paras. 32–33)
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 valve of the Dickoff–Liu combination with a magnet on the valve element and a magnetic field sensor as taught by Graichen in order to directly obtain the position of the valve element.
The Dickoff–Liu–Graichen combination teaches the valve device (Dickoff 1) using a magnetic field sensor (Graichen 174) and a magnet (Graichen 126) present on the valve member (Dickoff 25).
The recitation “for recording the position characteristic curve detects the position of the valve member” is seen as intended use of the valve body. It has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. (MPEP §2114.II).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Klassen et al. (US PGPub 20200309161 A1) discloses a piezo electric controlled valve. Takimoto et al. (USPN 11187346 B2) discloses sensing a condition and modifying the valve position accordingly.
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. The examiner can normally be reached Monday-Friday (9:30AM-5:00PM EST).
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/Angelisa L. Hicks/
Primary Examiner
Art Unit 3753
Prosecution Insights