DETAILED ACTION
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 .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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)(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.
(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, 3 and 4 are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by US6047944 (“Hajek”).
Regarding claim 1, Hajek discloses (see figs. 1-3) a flow control valve comprising:
a housing (16);
a main valve chamber (mainly defined by 12) provided in the housing;
a main valve (10) slidably provided in the main valve chamber and having a valve portion (40);
a main valve seat (38) provided on one end side (bottom side, relative to the orientation of fig. 1) of the main valve chamber and communicating or shutting off hydraulic fluid by allowing the valve portion of the main valve to be separated from (see partial open position illustrated in fig. 2) and seated (see position of fig. 1) on the main valve seat;
an inlet side flow passage (20) providing pressure in a first direction away from the main valve seat for the main valve and introducing hydraulic fluid from the an outside (from hydraulic pump 11) of the main valve chamber to the an inside of the main valve chamber;
an outlet side flow passage (24) introducing hydraulic fluid from the inside of the main valve chamber to the outside of the main valve chamber when the main valve is separated from the main valve seat and providing pressure in the first direction away from the main valve seat for the main valve;
a back pressure chamber (22) provided on another end side (top end side, relative to the orientation of fig. 1) of the main valve chamber and providing pressure (against surface 44) in a second direction coming closer to the main valve seat for the main valve;
a feedback flow passage (50) provided in the main valve and communicating the inlet side flow passage and the back pressure chamber (via notches 66 and 48);
a pilot flow passage (26) provided in the housing and communicating the back pressure chamber and the outlet side flow passage (via channel(s) 30 and 32);
a main valve throttle (see cutouts on bottom of main valve 10, relative to the orientation of fig. 1) provided in the main valve and increasing an opening amount between the inlet side flow passage and the outlet side flow passage as the main valve is displaced in the first direction away from the main valve seat (contoured slots at downstream end of main valve 10 increases opening area as main valve 10 is lifted from main valve seat 38);
a feedback throttle (at least partially defined by 48 and 66; see fig. 3) provided between the feedback flow passage and the back pressure chamber and increasing the opening amount between the feedback flow passage and the back pressure chamber as the main valve is displaced in the first direction away from the main valve seat (upon separation of main valve 10 from main valve seat 38, notch 48 is exposed to back pressure chamber 22, and further separation causes second notch 66 to be exposed to back pressure chamber 22; see specification col. 3, line 54, through col. 4, line 4);
a pilot valve (56) slidably provided in the housing; and
a pilot throttle (valving portion of member 56, which regulates flow between pilot flow passage 26 and outlet side flow passage 24) provided in the pilot valve and decreasing or increasing an opening amount of the pilot flow passage as the pilot valve is displaced (as pilot valve 56 is displaced leftward or rightward, relative to the orientation of fig. 1), wherein
in the flow control valve having a flow rate control function variably controlling the flow rate from the inlet side flow passage to the outlet side flow passage by controlling a displacement amount of the main valve, depending on the opening amount of the pilot throttle (see specification col. 3, lines 41-53), wherein
the feedback throttle has a boundary portion (boundary separating slot 48 and slot 66; see figs. 1-3) that divides a small-change section (48) in which a ratio of change in an opening amount of the feedback throttle to a displacement of the main valve is small and a large-change section (66) in which the ratio of change in the opening amount is large, and wherein
the boundary portion is located at a position (see boundary portion between notch 48 and notch 66 aligning with edge 54 in position illustrated in fig. 2) corresponding to where an opening portion of the main valve throttle switches between open and shut-off modes (causing exposure of notch 48 and/or 66 to back pressure chamber 22).
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Regarding claim 3, Hajek discloses the feedback throttle (at least partially defined by 48 and 66; see fig. 3) is configured by at least two or more types of notches (48 and 66) having a different position (see specification col. 3, line 54, through col. 4, line 4) that is open with respect to the displacement of the main valve (10).
Regarding claim 4, Hajek discloses the feedback throttle (at least partially defined by 48 and 66; see fig. 3) is configured by notches (48 and 66) configured in at least one or more different combinations of a width and a depth (see figs. 1-3).
Response to Arguments
Applicant’s arguments filed December 30, 2025, have been fully considered.
With regards to the 35 U.S.C. 112(b) rejection of the claims, in light of Applicant’s arguments and current amendments, these rejections are now withdrawn.
With regards to the 35 U.S.C. 102 rejection of claim 1 over Hajek, Applicant argues that
“The claimed feedback throttle of claim 1 having a boundary portion that divides a small-change section and a large-change section, wherein the boundary portion is located at a position corresponding to where an opening portion of the main valve throttle switches between open and shut-off modes is not shown or described in Hajek”
The Examiner respectfully disagrees. Hajek discloses a boundary portion (see annotated figs. 2 and 3, below) that divides a small-change section (48) and a large-change section (66), wherein the boundary portion is located at a position corresponding to where an opening portion of the main valve throttle switches between open (fully open position, where notch 66 rises above throttle 54, relative to the orientation of fig. 2) and shut-off (see closed position of fig. 1) modes (see specification col. 3, line 54, through col. 4, line 4).
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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 Hailey K. Do whose direct telephone number is (571)270-3458 and direct fax number is (571)270-4458. The examiner can normally be reached on Monday-Thursday (8:00AM-5:00PM ET) and Friday (8:00AM-12:00PM ET).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisors, Kenneth Rinehart at 571-272-4881, or Craig M. Schneider 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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/HAILEY K. DO/Primary Examiner, Art Unit 3753
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