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 .
DETAILED ACTION
This is responsive to the amendment filed 2/9/2026. Applicant amended claims 2, 8 – 9, added claims 16 – 17; claims 1 – 17 are pending in this application.
Response to Arguments
Applicant's arguments filed 2/9/2026 have been fully considered but they are not persuasive.
Applicant asserts regarding the double patenting rejection the reference application 18/630,442 (now an issued US Patent 12,486,911) fails to disclose "each subchamber of the first subset of
subchambers is fluidly connected to a corresponding valve port, and each subchamber of the
second subset of subchambers is fluidly connected to a corresponding valve port”. Examiner respectfully disagrees.
Examiner maintains claim 1 of the reference discloses “chamber walls that segregate the chamber into subchambers … valve ports, each valve port communicating with the chamber”, the chamber is divided into subchambers and valve ports communicating with the chamber (inherently disclosing the valve ports communicating with the subchambers). Claim 1 further discloses the diverter is used to divert fluid flow from first subchamber to the second subchamber, examiner maintains the flow to be diverted is inherently introduced from a port and flow eventually leaves in another port reading on the limitation “each subchamber of the first subset of subchambers is fluidly connected to a corresponding valve port, and each subchamber of the second subset of subchambers is fluidly connected to a corresponding valve port”.
Applicant regarding the reference US Patent Application Publication to Chen et al argues “the inner and outer valve ports (A1-A6, B1-B3) can properly be used to teach both the chamber walls and the valve ports”. Examiner respectfully disagrees.
Applicant’s initial disclosure for example defines 33(1) (Fig. 11) as a valve port and 35(1) (Fig. 11) as a fluid flow passage. Though the port 33(1) is part of the fluid flow path 35(1) they are claimed as different elements. MPEP 2131 requires “the disclosure must teach every element required by the claim under its broadest reasonable interpretation”. Examiner maintains it is reasonable to interpret the terminal point of the structure to be a port and the structure directing flow to be walls.
Regarding claim 13, the claims recites the “valve ports include base valve ports that are defined in the base and sidewall valve ports that are defined in the sidewall”, Applicant’s initial disclosure describes element 20 (Fig. 10) to be the base, element 21 (Fig. 6) to be the side wall. Element 21 is located in the base 20 (Fig. 6). The initial disclosure in paragraph 19 merely repeats the claim language, no other description of the claimed sidewall port or base wall port are identified in the figures. Examiner is interpreting the ports 33 (1 – 8) – the ones defined by the side wall and base – at the end of the flow paths such as 35 (1) to be the sidewall valve ports and the terminal portion of the flow path 35 (1) into the sub-chamber 32 (1) to be the “base valve ports”. Similarly, examiner is interpreting the reference both terminal ends of the thickness of the base plate to be “side wall ports” and “base valve ports”.
Applicant amended claim 9 in response to 35 U.S.C. 112 (b) rejection, the 35 U.S.C. 112 (b) rejection of the previous office action is withdrawn.
Based on the foregoing the double patenting rejection and the anticipation rejections of the previous office action is maintained and THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
Drawings
The drawings were received on 2/9/2026. These drawings are accepted.
Specification
The disclosure is objected to because of the following informalities: diverter latch 60 in paragraph 86 should read diverter latch 70.
Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 10 of US Patent to Chapman (12,486,911).
Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 of present application requires “A valve comprising: a valve housing, the valve housing including a valve body having a sidewall and a base that closes one end of the sidewall, a lid that closes another end of the sidewall, inner surfaces of the lid, the sidewall and the base defining a chamber, chamber walls that segregate the chamber into sub chambers that provide a portion of a fluid path through the valve housing, and valve ports, each valve port communicating with a sub chamber; a diverter disposed in the chamber, the diverter configured to control fluid flow through the valve housing, the diverter including a shaft that extends through an opening in the valve housing, the shaft being rotatable about a rotational axis; and a seal assembly disposed in the chamber, the seal assembly configured to provide a fluid-tight seal between the diverter and the valve housing, wherein a first subset of the sub chambers is disposed along a first circle, the first circle surrounding the rotational axis and being disposed between the rotational axis and the sidewall, and a second subset of the sub chambers is disposed along a second circle, the second circle surrounding the rotational axis and being disposed between the first circle and the sidewall, and wherein each sub chamber of the first subset of sub chambers is fluidly connected to a corresponding valve port, and each sub chamber of the second subset of sub chambers is fluidly connected to a corresponding valve port” claim 11 of the reference patent requires “A valve comprising: a valve housing, the valve housing including an inner surface that defines a chamber, chamber walls that segregate the chamber into sub chambers that provide a portion of a fluid path through the valve housing, and valve ports, each valve port communicating with the chamber; a diverter disposed in the chamber, the diverter having a diverter outer diameter and being configured to control fluid flow through the valve housing, the diverter including a shaft that extends through an opening in the valve housing, the shaft being rotatable about a rotational axis; and a seal assembly disposed in the chamber so as to be aligned along the rotational axis with the diverter, the seal assembly configured to provide a fluid-tight seal between the diverter and the valve housing, wherein in at least one rotational orientation of the diverter with respect to the valve housing, the diverter is configured to a) divert fluid flow circumferentially along a first circumferential fluid path portion between a first sub chamber disposed between the rotational axis and the sidewall and a second sub chamber disposed between the rotational axis and the sidewall, and b) divert fluid flow circumferentially along a second circumferential fluid path portion between a third sub chamber disposed between the rotational axis and the sidewall and a fourth sub chamber disposed between the rotational axis and the sidewall, the second circumferential fluid path portion is disposed radially outward with respect to the first circumferential fluid path portion, and the first circumferential fluid path portion and the second circumferential fluid path portion reside within an area circumscribed by the diverter outer diameter the sub chambers, a first sub chamber that resides between the rotational axis and the sidewall, and a second sub chamber that resides between the first sub chamber and the sidewall”.
Similarly claims 2, 3, 4, 5, 7, 8 are rejected over claims 10, 10, 10, 9, 11, and 12 of US Patent to Chapman (12,486,911).
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 – 2, 4, 6 – 7, 10 – 15 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US Patent Application Publication to Chen et al. (2024/0344620).
Examiner notes the reference has a Chinese parent application (CN 118339371) with filing date of Oct. 17, 2022 and a publication date of August 12, 2024.
Regarding claim 1, Chen et al. disclose a valve housing (12, Fig. 1), the valve housing including a valve body having a sidewall (123, Fig. 2) and a base (121, Fig. 5) that closes one end of the sidewall, a lid (125, Fig 2) that closes another end of the sidewall, inner surfaces of the lid, the sidewall and the base defining a chamber, chamber walls – the thickness portion of the element 125 - that segregate the chamber into sub chambers (A1 – A6, B1 – B3, Fig. 2) that provide a portion of a fluid path through the valve housing, and valve ports, each valve port communicating with a sub chamber; a diverter (14, Fig. 2) disposed in the chamber, the diverter configured to control fluid flow through the valve housing, the diverter including a shaft (141, Fig. 2) that extends through an opening (127, Fig. 2) in the valve housing, the shaft being rotatable about a rotational axis; and a seal assembly (17, Fig. 5) disposed in the chamber, the seal assembly configured to provide a fluid-tight seal between the diverter and the valve housing, wherein a first subset of the sub chambers (A1 – A6, Fig. 2) is disposed along a first circle, the first circle surrounding the rotational axis and being disposed between the rotational axis and the sidewall, and a second subset (B1 – B3, Fig. 2) of the sub chambers is disposed along a second circle, the second circle surrounding the rotational axis and being disposed between the first circle and the sidewall, and wherein each sub chamber of the first subset of sub chambers is fluidly connected to a corresponding valve port, and each sub chamber of the second subset of sub chambers is fluidly connected to a corresponding valve port.
Regarding claim 2, Chen et al. disclose each sub chamber of the first subset (A1- A6, Fig. 2) of sub chambers is fluidly connected to the corresponding valve port via a corresponding fluid passageway, each fluid passageway being encircled by the sidewall, each fluid passageway extending linearly and non-radially, and wherein each sub chamber of the second subset (B1 – B3, Fig. 2) of sub chambers adjoins the sidewall and is directly fluidly connected to the corresponding unique valve port
Regarding claim 4, Chen et al. disclose the first circle (A1 – A6, Fig. 2) and the second circle (B1 – B3, Fig. 2) are each centered on the rotational axis.
Regarding claim 6, Chen et al. disclose the sub chambers comprise a first sub chamber (A1 – A6, Fig. 2) that resides between the rotational axis and the sidewall, and a second sub chamber (B1 – B3, Fig. 2) that resides between the first sub chamber and the sidewall, and the first sub chamber and the second sub chamber are aligned along a radius of the rotational axis.
Regarding claim 7, Chen et al. inherently disclose each valve port communicates with a unique sub chamber – since the sub chambers do not rotate.
Regarding claim 10, Chen et al. disclose the valve ports are defined in the base (Fig. 3), and each sub chamber of the first subset (A1 – A6, Fig. 2) of sub chambers and each sub chamber of the second subset (B1 – B3, Fig. 2) of sub chambers adjoins the base and is directly fluidly connected to the corresponding valve port (Fig. 3).
Regarding claim 11, Chen et al. disclose fluid exits each sub chamber of the first subset (A1 – A6, Fig. 2) of sub chambers and each sub chamber of the second subset (B1 – B3, Fig. 2) of sub chambers along an axial fluid path (Fig. 3).
Regarding claim 12, examiner is interpreting the blind ports disclosed by Chen et al. in the second subset of chambers shown in figure 3 to meet this limitation.
Regarding claim 13, the interpretation of the walls (thickness of the base plate) disclosed by Chen et al. comprising ports in the base meet the limitations of the valve ports include base valve ports that are defined in the base and sidewall valve ports that are defined in the sidewall, each base valve port of a first subset (A1 – A6, Fig. 2) of the base valve ports is in fluid communication with a corresponding sub chamber of the first subset of sub chambers, each base valve port of a second subset of the base valve ports (B1 – B3, Fig. 2) is in fluid communication with a corresponding sub chamber of the second set of sub chambers, each sidewall valve port of a first subset of the sidewall valve ports is in fluid communication with a corresponding sub chamber of the first subset of sub chambers, and each sidewall valve port of a second subset of the sidewall valve ports is in fluid communication with a corresponding sub chamber of the second set of sub chambers.
Regarding claim 14, Chen et al. disclose the valve body comprises a plain bearing – shown in figure 5 - that protrudes from a center of the base toward the lid, and the bearing is shaped and dimensioned to support a first end of the shaft for rotation about the rotational axis.
Regarding claim 15, Chen et al. disclose an elastic element (16, Fig. 4) that is disposed under compression between the lid (125, Fig. 4) and the diverter (14, Fig. 4), whereby the elastic element applies an axial force to the seal assembly (17, Fig. 4) via the diverter.
Allowable Subject Matter
Claims 16 – 17 are allowed.
Claims 3, 5, 8 – 9, 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
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 UMASHANKAR VENKATESAN whose telephone number is (571)270-5602. The examiner can normally be reached Monday - Friday 9:30 AM - 6:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner' s supervisors Craig Schneider can be reached at (571) 272-3607 or Ken 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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/UMASHANKAR VENKATESAN/
Primary Examiner, Art Unit 3753
Prosecution Insights