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 02/24/2026 have been fully considered. New prior art Grossman addresses Applicant’s arguments. Dickoff is used to describe the physical details of the valve
Please see the rejection below for further detail.
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 14 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 14, Line 7 reads “determine an opening point position value on the basis of the recorded position characteristic curve.”
Claim 14, Line 7: the limitation “determine an opening point position value on the basis of the recorded position characteristic curve” is a method for use of an apparatus within an apparatus claim. This language is indefinite because it is unclear to a person having ordinary skill in the art at the time of the invention, as to when infringement occurs. Infringement could occur when “one creates a system that allows the user” to determine the opening position or “when the user actually uses the” characteristic curve. MPEP §2173.05(p).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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 Grossmann et al. (US PGPub 20050109312 A1).
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) but does not disclose determining an opening degree or a characteristic curve.
Grossman teaches determining the position of the valve and the use of a characteristic curve in order to “control and/or regulating system.” Para. 6.
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 method to determine the valve position as taught by Grossman in order to ensure that the valve is working properly.
The Dickoff–Grossman combination teaches the method comprises the steps: providing a drive variable signal course (Grossmann u1a), in order to drive the valve member (Dickoff 25/Grossmann 30a) with a drive variable (Grossmann 32a), so that the valve member (Dickoff 25/Grossmann 30a) is moved from the closed state to the open state and/or from the open state to the closed state (Grossmann Para. 27, where the valve member, 30a, is actuated by the drive variable, 32a, and is actuated from an open/close position; Para. 28, where the position sensors, 40a, provide the variable signal course, u1a; Para. 29, where the position sensor, 40a, generates a signal), during the providing of the drive variable signal course (Grossmann u1a), recording a position characteristic curve (Grossmann Paras. 32 and 34) of the valve member (Dickoff 25/Grossmann 30a) as a function of the drive variable (Grossmann 32a, voltage), on the basis of the recorded position characteristic curve (Grossmann Paras. 32 and 34), determining the opening point position value (Grossmann Para. 27, “a throttle valve, which is movable into any position by an activating device 32a” including the open position), wherein the valve device performs a closed-loop position control (Grossmann Para. 29) of the valve member (Dickoff 25/Grossmann 30a) using the opening point position value (Grossmann Para. 27, “a throttle valve, which is movable into any position by an activating device 32a” including the open position).
Regarding Claim 2, the Dickoff–Grossman 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 (Grossmann u1a, Paras. 27–28), so that the valve member (Dickoff 25) undergoes a first movement phase during the providing of the drive variable signal course (Grossmann u1a), in which first movement phase the valve member (Dickoff 25) 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–Grossman combination teaches the position characteristic curve (Grossman Fig. 2) has a first characteristic curve section which is associated with the first movement phase (Grossman Fig. 2, where the first movement phase is associated with u1a) and a second characteristic curve section which is associated with the second movement phase (Grossman Fig. 2, where the second movement phase is associated with u2a), and the valve device (Dickoff 1) determines, as the opening point position value (Grossmann Para. 27, “a throttle valve, which is movable into any position by an activating device 32a” including the open position), a position value of the valve member (Dickoff 25) at a kink (Grossman Fig. 2, where the kink is the intersection of u1a and u2a) between the first characteristic curve section and the second characteristic curve section.
Regarding Claim 4, Dickoff discloses a method for determining an opening point position value (Grossmann Para. 27, “a throttle valve, which is movable into any position by an activating device 32a” including the open position) of a valve device (25) with a valve unit (1), wherein the opening point position value (Grossmann Para. 27, “a throttle valve, which is movable into any position by an activating device 32a” including the open position) describes the position of a valve member of the valve unit at which position the valve member changes from a closed state to an open state but does not disclose determining an opening degree or a characteristic curve.
Grossman teaches determining the position of the valve and the use of a characteristic curve in order to “control and/or regulating system.” Para. 6.
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 method to determine the valve position as taught by Grossman in order to ensure that the valve is working properly.
The Dickoff–Grossman combination teaches the method comprises the steps: providing a drive variable signal course (Grossmann u1a), in order to drive the valve member (Dickoff 25/Grossmann 30a) with a drive variable (Grossmann 32a), so that the valve member (Dickoff 25/Grossmann 30a) is moved from the closed state to the open state and/or from the open state to the closed state (Grossmann Para. 27, where the valve member, 30a, is actuated by the drive variable, 32a, and is actuated from an open/close position; Para. 28, where the position sensors, 40a, provide the variable signal course, u1a; Para. 29, where the position sensor, 40a, generates a signal), during the providing of the drive variable signal course (Grossmann u1a), recording a position characteristic curve (Grossmann Paras. 32 and 34) of the valve member (Dickoff 25/Grossmann 30a) as a function of the drive variable (Grossmann 32a, voltage), on the basis of the recorded position characteristic curve (Grossmann Paras. 32 and 34), determining the opening point position value (Grossmann Para. 27, “a throttle valve, which is movable into any position by an activating device 32a” including the open position), 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 (Grossmann u1a, Paras. 27–28), so that the valve member (Dickoff 25) undergoes a first movement phase (open to close) during the providing of the drive variable signal course (Grossmann u1a), in which first movement phase (open to close) the valve member (Dickoff 25) 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 (close to open) following the first movement phase (open to close), in which second movement phase the valve member (Dickoff 25) is in the open state (Dickoff Para. 12), wherein the valve device (Dickoff 1) performs a first rotation (open to close) of the recorded position characteristic curve by means of a mathematical operation (Grossmann u1a, Para. 34, where the value generator, 54a, performs the mathematical operation) to obtain a rotated position characteristic curve, and determines the opening point position value (Grossmann Para. 27, “a throttle valve, which is movable into any position by an activating device 32a” including the open position) by recognizing a minimum of the rotated position characteristic curve (Grossmann Paras. 27–28).
Regarding Claim 5, the Dickoff–Grossman combination teaches the valve device (Dickoff 1) performs a second rotation (close to open) of the minimum to determine the opening point position value (Grossmann Para. 27, “a throttle valve, which is movable into any position by an activating device 32a” including the open position), wherein the second rotation (close to open) is in opposite direction to the first rotation (open to closed).
Regarding Claim 6, the Dickoff–Grossman combination teaches the valve device (Dickoff 1) performs a closed-loop position control (Grossman Para. 29) of the valve member (Dickoff 25) using the opening point position value (Grossmann Para. 27, “a throttle valve, which is movable into any position by an activating device 32a” including the open position).
Regarding Claim 7, the Dickoff–Grossman combination teaches the drive variable signal course (Grossman u1a) is provided while the valve device (Dickoff 1) is executing an application, wherein the drive variable signal course (Grossman u1a) is provided when the application specifies the closed state for the valve member (Dickoff Para. 28).
Regarding Claim 11, the Dickoff–Grossman combination teaches the valve unit is a piezo valve unit (Dickoff Para. 24).
Regarding Claim 13, the Dickoff–Grossman combination teaches the drive variable is an electrical voltage (Grossman Para. 28).
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) but does not disclose the valve device being configured to provide a drive variable signal course or a characteristic curve.
Grossman teaches the valve device being configured to provide a drive variable signal course (u1a) and a characteristic curve (Fig. 2) in order to determine the actual valve position. Para. 28.
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 method to determine the valve position as taught by Grossman in order to ensure that the valve is working properly.
The Dickoff–Grossman combination teaches the valve device (Dickoff 1) being configured to provide a drive variable signal course (Grossman u1a) in order to drive the valve member (Dickoff 25), so that the valve member (Dickoff 25) is moved from the closed state into the open state and/or from the open state into the closed state (Grossmann Para. 27, where the valve member, 30a, is actuated by the drive variable, 32a, and is actuated from an open/close position; Para. 28, where the position sensors, 40a, provide the variable signal course, u1a; Para. 29, where the position sensor, 40a, generates a signal), record, during the provision of the drive variable signal course (Grossman u1a), a position characteristic curve (Grossman Fig. 2) of the valve member (Dickoff 25) as a function of the drive variable (Grossman Fig. 2) and determine an opening point position value (Grossmann Para. 27, “a throttle valve, which is movable into any position by an activating device 32a” including the open position) on the basis of the recorded position characteristic curve (Grossmann Fig. 2), the opening point position value (Grossmann Para. 27, “a throttle valve, which is movable into any position by an activating device 32a” including the open position) describing the position of the valve member (Dickoff 25) at which position the valve member (Dickoff 25) changes from the closed state to the open state (Grossmann Para. 27, “a throttle valve, which is movable into any position by an activating device 32a” including the open position), wherein the valve device (Dickoff 1) is configured to provide the drive variable signal course (Grossman u1a) while the valve device (Dickoff 1) is executing an application, wherein the valve device (Dickoff 1) is configured to provide the drive variable signal course (Grossman u1a) when the application specifies the closed state (Grossmann Para. 27, “a throttle valve, which is movable into any position by an activating device 32a” including the open position) for the valve member (Dickoff 25).
Claim(s) 10 is rejected under 35 U.S.C. 103 as being unpatentable over Dickoff (US PGPub 20180298923 A1) in view of Grossmann et al. (US PGPub 20050109312 A1), in further view of Graichen et al. (US PGPub 20150315963 A1).
Regarding Claim 10, the Dickoff–Grossman 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–Grossman 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–Grossman–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
THIS ACTION IS MADE FINAL. 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 Angelisa L. Hicks whose telephone number is 571-272-9552 and email is Angelisa.Hicks@USPTO.gov. The examiner can normally be reached Monday-Friday (9:30AM-5:00PM EST).
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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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/Angelisa L. Hicks/
Primary Examiner
Art Unit 3753
Prosecution Insights