DETAILED ACTION
Non-Final Rejection
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 without traverse of Claims 1-11 in the reply filed on 8 June 2026 is acknowledged.
Claims 12-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected groups, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 8 June 2026.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "30" and "28" (in paragraph 36) have both been used to designate first orifice and "30" (in paragraph 40, 41), “32”, and "34" (in paragraph 37) have been used to designate second orifice.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “28” has been used to designate both first plate and first orifice (in paragraph 36), “30” has been used to designate both first orifice and second orifice (in paragraph 41, 42), and “34” has been used to designate both third orifice and second orifice (in paragraph 37).
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. 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 § 102
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 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-6 and 8-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhan (U.S. Patent Publication 2017/0089474).
Regarding claim 1, Zhan discloses a four-way switch valve (FIG. 1) comprising:
a housing 1/3 comprising a plurality of communication ports 101/102/103/107 further comprising an inlet port 107 and at least two outlet ports 102/103; and
a substantially planar first plate 204 disposed within the housing wherein the first plate further comprises a plurality of orifices 2042/2043/2044/2045 wherein the first plate is configured to selectively rotate to selectively and at least partially open or close communication between at least two of the plurality of communication ports (FIG. 1, 5, 9, 12a-14c; Paragraph 32-33, 39-44).
Regarding claim 2, Zhan discloses the first plate comprises a first orifice 2042, wherein the first orifice and the inlet port are coaxially aligned (Paragraph 40).
Regarding claim 3, Zhan discloses the first plate is configured to rotate in a primary plane formed by the first plate (Paragraph 40-44).
Regarding claim 4, Zhan discloses the first plate is configured to selectively revolve clockwise or counterclockwise (FIG. 12a-14c; Paragraph 40-44).
Regarding claim 5, Zhan discloses a second plate 203 disposed within the housing and adjacent the first plate to form an interface between the first plate and the second plate wherein the second plate comprises a plurality of communication ports 2032/2031 matching with the plurality of housing communication ports, wherein the communication ports further comprise the inlet port 2032, and the plurality of at least two outlet ports 2031 (FIG. 5, 10-12a; Paragraph 32-33, 39-44).
With respect to the limitation a drum A communication port, a drum B communication port and a bypass communication port, 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.
Regarding claim 6, Zhan discloses the first plate further comprises at least one valve seat (bottom surface creates a surface seal with the top surface of 203) disposed in the at least one of the plurality of orifices and configured to isolate the at least one of the plurality of orifices from the interface (FIG. 4, 5).
Regarding claim 8, Zhan discloses a rotor 205 configured to selectively rotate the first plate (FIG. 5; Paragraph 40).
Regarding claim 9, Zhan discloses the rotor further comprises a diverter 2046 configured to place the first orifice in fluid communication with the second orifice and the third orifice (FIG. 5, 12b, 13b, 14b).
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.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Zhan in view of Kojima (U.S. Patent 8,763,640).
Regarding claim 7, Zhan discloses the claimed invention substantially as claimed, as set forth above for claim 5.
Zhan is silent regarding the first plate further comprises a pocket formed in the distal edge of the at least one first plate orifice wherein the pocket is configured to receive a valve seat configured to substantially seal against the second plate.
However, Kojima teaches the first plate 20 further comprises a pocket 22 formed in the distal edge of the at least one first plate orifice 21 wherein the pocket is configured to receive a valve seat 42 configured to substantially seal against the second plate 10 (FIG. 1; Col. 1 ln 65-Col. 2 ln 23).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to modify Zhan by adding a pocket on the first plate to accommodate a valve seat positioned between the first plate and the second plate, as taught by Kojima, for the purpose of providing a more robust seal between the first and second plates, specifically surrounding the first plate orifice.
Claims 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Zhan in view of Kindersley (U.S. Patent 10,400,900).
Regarding claim 10, Zhan discloses the claimed invention substantially as claimed, as set forth above for claim 8.
Zhan is silent regarding a steam access plane adjacent the rotor wherein the steam access plane is configured to allow steam to energize the first plate and expand the distance between the rotor and the first plate and increase the force the first plate exerts against the second plate.
However, Kindersley teaches using steam (via 26, 27) to increase the pressure applied to the back of a surface (13, 16) through a bellows (25, 17) type seal to increase the force between two other objects (13/16) and 18 (FIG. 3A; Col. 4 ln 59-Col. 5 ln 25).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to modify Zhan by adding a steam powered pressure means atop the first plate, as taught by Kindersley, for the purpose of providing a means to increase the seal between the first and second plates while also increasing the effort required to rotate the first plate.
Regarding claim 11, Zhan, as modified above, discloses the claimed invention substantially as claimed, as set forth above for claim 10.
Zhan/Kindersley further teaches a valve seat (Kindersley 17/25) wherein the valve seat further comprises a selectively extendable bellows (Kindersley 17/25) in fluid communication with the steam access plane and wherein the bellows is configured to energize with steam pressure and increase a force between the valve seat (Zhan bottom surface of 204) and the second plate (Zhan 203) (Zhan FIG. 3-4; Kindersley FIG. 3A).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Chen (U.S. Patent Publication 2013/0048123) discloses a valve similar to the one described in the present application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER D BALLMAN whose telephone number is (571)272-9984. The examiner can normally be reached Mon-Fri 6:00-3:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Craig M 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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/CHRISTOPHER D BALLMAN/Examiner, Art Unit 3753
/CRAIG M SCHNEIDER/Supervisory Patent Examiner, Art Unit 3753
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