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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 4/20/2026 has been entered.
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.
Claims 10-11 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 10 recites the limitation "the mounted state" in line 2. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, the mounted state is interpreted as the state where the tube section is positioned within the pinch valve. Claim 11 is rejected based on claim dependency on claim 10.
Claim 11 recites the limitation "the housing" in line 1. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, the limitation is interpreted as a housing of the tube section.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-5, 8-12, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Black (US 2,696,049) in view of Freeman (US 2,994,337) and Schulz (US 6,361,016).
Regarding claim 1, Black a tube section (conduit 12 within the block 21) for a pinch valve (pinch valve 15), comprising an inner tube element (portion of conduit 12 within the block 21) for transporting a medium (col 2, lines 24-28 disclose the passage of the mixture through the container into a length of conduit 12), the inner tube being transferrable between an open state, in which the medium can flow through the inner tube element, and a closed state, in which the medium is hindered to flow through the inner tube element (col 2 lines 46-59 discloses the inner tube going between an open position and a closed position by the use of the valve) , and wherein the pinch valve is part of a powder jet device (see figure 1 and col 1, lines 15-20 disclose a abrasive laden stream of gas delivering device).
Black fails to disclose the tube section having an outer tube element, surrounding the inner tube element, for creating a collecting region between the inner tube element and the outer tube element to collect the medium in case of a leakage of the inner tube element, wherein the inner tube element and the outer tube element are configured for transferring the inner tube element between an open state and a closed state in dependency of a force acting on the outer tube element; and wherein the tube section is configured as an exchangeable cartridge.
However, Freeman discloses a tube section for a pinch valve (see figure 1 and 2) that teaches an inner tube element (main valve conduit 44) for transporting a medium, the inner tube being transferrable between an open state, in which the medium can flow through the inner tube element, and a closed state, in which the medium is hindered to flow through the inner tube element (col 2, lines 34-36 discloses the conduit being compressed in a manner that interrupts the flow of fluid, this is considered the closed state as seen in figure 1 and the open state allows the flow of fluid as seen in figure 2), and
an outer tube element (outer tube 48) surrounding the inner tube element, for creating a collecting region between the inner tube element and the outer tube element to collect the medium in case of a leakage of the inner tube element (see figure 2, where the space between 44 and 48 can collect material that leaks from the main valve conduit)
wherein the inner tube element and the outer tube element are configured for transferring the inner tube element between an open state and a closed state in dependency of a force acting on the outer tube element (see figures 1 and 2 and col 2, lines 34-38 discloses a compression means interrupting a fluid flow) for the purpose of lengthening the life and service of the main tube and create a seal between the flowing material and the outside (col 1, lines 22-27).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify Black to have the tube section include the outer tube and inner tube as set forth above by Freeman for the purpose of lengthening the life and service of the main tube and create a seal between the flowing material and the outside.
Finally, Schulz teaches a tube section (flexible tube 9) is configured as an exchangeable cartridge (wherein flexible tube member 9 combines with insert member 10, which are disclosed as attached to create a cartridge structure that enable exchange as disclosed in col 4, lines 34-37; additionally col 3, lines 47-50 discloses the exchange of the insert 10/tube 9 within an adapter piece of the valve housing) for the purpose of minimizing the wear of the tube section and enabling replacement when necessary (col 2, lines 35-45).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify Black to have the tube section is configured as an exchangeable cartridge as taught by Schulz for the purpose of minimizing the wear of the tube section and enabling replacement when necessary.
Regarding claim 2, Black/Freeman/Schulz discloses the claimed invention as set forth above in claim 1.
Freeman further teaches the tube section (48/44) comprises a first interface section for inserting the tube section into a pinch valve (where the casing 40 is the interface for inserting the tube section into the pinch components yoke 52, sliding bar 54 and screw 56 see figure 2-3 , wherein the first interface section is formed by a first adapter element (where the clamps 46 which connect the inlet outlet tubes 42 to the tubing section 44 which are connected to the interface section) for the reasons set forth above, but fails to disclose the insertion of the tube section into the pinch valve is in an exchangeable manner.
However, Schulz further teaches an interface section of the valve (see figure 1) that enables the insertion of the tube section/ adapter element (flexible tube member 9 and insert member 10 are disclosed an attachment structure) into the pinch valve (1) by an exchangeable means into a pinch valve (see col 2, lines 42-46 which discloses an attachment arrangement between the flexible tube member and pinch valve that enables easy exchange).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify Black/Freeman/Schulz to have the interface section be an arrangement of the pinch valve and tube section that enables insertion of the pinch valve into the tube section in an exchangeable manner as taught by Schulz for the purpose of enabling easy exchange of the tube member after extended use.
Regarding claim 3, Freeman further teaches the inner tube element (44) is at least partially spaced from the outer tube element (48, see figure 2), for the reasons set forth above.
Regarding claim 4, Black/Freeman/Schulz discloses the claimed invention as set forth above in claim 1.
Freeman further teaches the inner tube element (44) having an inner channel (see figure 2) for transporting the medium under pressure in an operation mode in a transport direction (see figure 2 and col 1, lines 26-27 disclose a flowing material within the conduit) for the reasons set forth above, but fails to disclose the inner tube element having an inner curvature delineating the circumference of the inner channel in a cross section of the inner tube element along a plane perpendicular to the inner channel, a shape of the inner tube element being configured such that the inner curvature presents at least a contraction section, which in the operation mode, undergoes deformation forces that tend to contract the contraction section of the inner curvature.
However, Schulz teaches an inner tube element (flexible tube 9) has an inner curvature delineating the circumference of an inner channel in a cross section of the inner tube element along a plane perpendicular to the inner channel (cross sectional area 19 shows a channel defined by the tube 9, which has an inner curvature delineated by the circumference of the inner channel by the inner projection 20 and support of insert member 10, see figure 1), a shape of the inner tube element being configured such that the inner curvature presents at least a contraction section (where the contraction is when the actuator is applied to the tube member 9, see figure 1), which in the operation mode, undergoes deformation forces that tend to contract the contraction section of the inner curvature (see col 3, lines 38-45 where the position of the actuator 14 screw cap 17 inward into the tube member in the open position applies a reduced force) for the purpose of creating a variable flow control through the tube member 9 (col 3, lines 30-37)
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify Black/Freeman/Schulz to have the inner tube element having an inner curvature delineating the circumference of the inner channel in a cross section of the inner tube element along a plane perpendicular to the inner channel, a shape of the inner tube element being configured such that the inner curvature presents at least a contraction section, which in the operation mode, undergoes deformation forces that tend to contract the contraction section of the inner curvature as taught by Schulz for the purpose of creating a variable flow control with the actuation and positioning of the actuating element of the pinch valve.
Regarding claim 5, Black/Freeman/Schulz disclose the claimed invention as set forth above in claim 4. Schulz further teaches for forming the contraction section the inner tube element varies its thickness and/or radius of curvature, being assigned to the inner curvature, along the circumferential direction (see figure 2, where the contraction section is defined by the inner projection 20 and the biased element of the actuator 14, in a cross-sectional area 19 having a variation in the radius of curvature along the length of the cross-sectional area 19), for the reasons set forth above.
Regarding claim 8, Black further discloses the tube section (12) comprises a housing (21, see figure 0), but fails to disclose which is in particular a rigid housing.
However, Schulz teaches a housing (insert body 10) which is rigid (col 3, lines 8-9 as the insert body being made of a rigid material) for the purpose of supporting the tube member (col 3, lines 8-9).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify Black/Freeman/Schulz to have the housing be a rigid housing as further taught by Schulz for the purpose of supporting the tube member during the insertion and exchange of the tube.
Regarding claim 9, Black discloses a pinch valve (15) having a tube section (conduit 12 within the block 21) comprising an inner tube element (portion of conduit 12 within the block 21) for transporting a medium (col 2, lines 24-28 disclose the passage of the mixture through the container into a length of conduit 12), the inner tube being transferrable between an open state, in which the medium can flow through the inner tube element, and a closed state, in which the medium is hindered to flow through the inner tube element (col 2 lines 46-59 discloses the inner tube going between an open position and a closed position by the use of the valve) , and wherein the pinch valve is part of a powder jet device (see figure 1 and col 1, lines 15-20 disclose an abrasive laden stream of gas delivering device).
Black fails to disclose limitations of claim 1 such as, the tube section having an outer tube element, surrounding the inner tube element, for creating a collecting region between the inner tube element and the outer tube element to collect the medium in case of a leakage of the inner tube element, wherein the inner tube element and the outer tube element are configured for transferring the inner tube element between an open state and a closed state in dependency of a force acting on the outer tube element; and wherein the tube section is configured as an exchangeable cartridge.
However, Freeman discloses a tube section for a pinch valve (see figure 1 and 2) that teaches an inner tube element (main valve conduit 44) for transporting a medium, the inner tube being transferrable between an open state, in which the medium can flow through the inner tube element, and a closed state, in which the medium is hindered to flow through the inner tube element (col 2, lines 34-36 discloses the conduit being compressed in a manner that interrupts the flow of fluid, this is considered the closed state as seen in figure 1 and the open state allows the flow of fluid as seen in figure 2), and
an outer tube element (outer tube 48) surrounding the inner tube element, for creating a collecting region between the inner tube element and the outer tube element to collect the medium in case of a leakage of the inner tube element (see figure 2, where the space between 44 and 48 can collect material that leaks from the main valve conduit)
wherein the inner tube element and the outer tube element are configured for transferring the inner tube element between an open state and a closed state in dependency of a force acting on the outer tube element (see figures 1 and 2 and col 2, lines 34-38 discloses a compression means interrupting a fluid flow) for the purpose of lengthening the life and service of the main tube and create a seal between the flowing material and the outside (col 1, lines 22-27).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify Black to have the tube section include the outer tube and inner tube as set forth above by Freeman for the purpose of lengthening the life and service of the main tube and create a seal between the flowing material and the outside.
Finally, Schulz teaches a tube section (flexible tube 9) is configured as an exchangeable cartridge (wherein flexible tube member 9 combines with insert member 10, which are disclosed as attached to create a cartridge structure that enable exchange as disclosed in col 4, lines 34-37; additionally col 3, lines 47-50 discloses the exchange of the insert 10/tube 9 within an adapter piece of the valve housing) for the purpose of minimizing the wear of the tube section and enabling replacement when necessary (col 2, lines 35-45).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify Black to have the tube section is configured as an exchangeable cartridge as taught by Schulz for the purpose of minimizing the wear of the tube section and enabling replacement when necessary.
Regarding claim 10, Black further discloses the tube section (12) is configured to interact with an actuating mechanism (armature 18/pinch piece 17) in the mounted state (see figure 1), the actuating mechanism being configured to transfer the inner tube element between the closed and the open state in the mounted state of the tube section (col 2 lines 46-59 discloses the inner tube going between an open position and a closed position by the use of the valve).
Regarding claim 11, Black further discloses a housing of the tube section (block 21) includes an opening facing to a first part and/or second part of the actuating mechanism in the mounted state (see figure 1, where block 21 provides an opening for the pinch piece), wherein the tube section is configured such that the first part and/or the second part can be arranged inside the housing for transferring the inner tube element from the open state to the closed state (see figure 1 and col 2 lines 46-59 discloses the inner tube going between an open position and a closed position by the use of the valve).
Regarding claim 12, Black/Freeman/Schulz discloses the claimed invention as set forth above in claim 9, but fails to disclose the tube section includes a part of the actuating mechanism.
However, Schulz teaches a tube section (10/19) which includes a part of an actuating mechanism (the actuating mechanism being defined as the actuator 14 and inner projection 20 of the insert member 10, see figure 1) for the purpose of providing a continuous variation along the fluid line and presses close with an actuating component to close the tube section (col 3, lines 34-36).
Therefore, it would be obvious to one of ordinary skill in the art, at the time of invention to modify Black/Freeman/Schulz to have the tube section includes a part of the actuating mechanism as taught by Schul for the purpose of providing a continuous variation along the fluid line and presses close with an actuating component to close the tube section.
Regarding claim 15, Black/Freeman/Schulz disclose the claimed invention as set forth above in claim 1. Black discloses the powder gas jet device (figure 4), wherein the pinch valve (15) is arranged at an outside of the powder gas jet device (13) in a connection section between a stationary unit (base 39/container 10) and hose like system (12 extending between the tool 13 and the base 39), being connected to a handpiece of the powder gas jet device (13).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Black view of Freeman and Schulz et al as applied to claim 4 above, and further in view of Mueller (US 2017/0254423).
Regarding claim 6, Black/Freeman/Schulz discloses the claimed invention as set forth above in claim 4, but fails to disclose a cross section of the inner channel has a non-circular cross section, in particular an elliptical cross section, in a non-squeezed state.
Mueller teaches a cross section of the inner channel has a non-circular cross section, in particular an elliptical cross section, in a non-squeezed state (par 10 discloses the tubular element in a free state or original non compressed state being elliptical) for the purpose of reducing or regulate flow (par 10).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify Black/Freeman/Schulz to have a cross section of the inner channel has a non-circular cross section, in particular an elliptical cross section, in a non-squeezed state as taught by Mueller for the purpose of reducing or regulating flow.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Black in view of Freeman and Schulz as applied to claim 1 above, and further in view of Gallant (GB 2147394).
Regarding claim 7, Black/Freeman/Schulz discloses a claimed invention as set forth above for claim 1.
Freeman further teaches the outer and inner tube element being made of a deformable material, wherein deformability represents an extent of changing the shape in reaction of an external force acting on the inner tube element and/or outer tube element, without destroying the inner tube element and/or the outer tube element (col 1, lines 18-19) for the reasons set forth above, but fails to disclose the deformability of the outer tube element is larger than a deformability of the inner tube element.
However, Gallant teaches an inner and outer tube element (sleeve 7 and tube 6) made of a deformable material (see abstract and figure 1) wherein the deformability of the outer tube element is larger than a deformability of the inner tube element (see figure 1, where the sleeve has a greater change in shape than the tube 6 and in view of the disclosure of the sleeve being highly resilient material and greater thickness , on page 1, lines 75-85) for the purpose of enabling the outer tube element to not inhibit the shut off or pinching of the valve (page 1, lines 105-112).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify Black/Freeman/Schulz to have the deformability of the outer tube element is larger than a deformability of the inner tube element as taught by Gallant for the purpose of enabling the outer tube element to not inhibit the shut off or pinching of the valve.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Black in view of Freeman and Schulz as applied to claim 1 above, and further in view of Tilden (US 2,814,877).
Regarding claim 14, Black/Freeman/Schulz discloses the claimed invention as set forth above in claim 1, but fails to disclose the pinch valve is arranged inside the powder gas jet device.
However, Tilden teaches a pinch valve (pinch valve member 62) arranged inside of the powder gas jet (tubular handle 11 which includes the chamber 13 of the holding abrasive powder 14) for the purpose of manufacturing the applicator of powder gas jet device while minimal space occupied (col 1, lines 57-60).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify Black/Freeman/Schulz to have the pinch valve is arranged inside the powder gas jet device as taught by Tilden for the purpose of manufacturing the applicator of powder gas jet device while minimal space occupied.
Response to Arguments
Applicant's arguments filed 4/1/2026 have been fully considered but they are not persuasive.
Applicant argues on page 6-7 that Schulz fails to teach or disclose the “tube section is configured as an exchangeable cartridge”, the examiner disagrees. Schulz discloses “the specific arrangement of the flexible tube member on a rigid insert member this will also allow the provision of a one-way component of the pinch valve for an easy exchange of which there would be provided a suitable ejection opening in the valve chamber of the valve housing through which on the other side such an insert member is insertable into the valve chamber” in col 2, lines 43-49. In summary, Schulz discloses arranging the tube section with the insert member into an exchangeable cartridge. As applicant has not included any additional structure to the exchangeable cartridge, the limitation is interpreted as a contained or whole component that is exchangeable.
Conclusion
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/S.N.B./ Examiner, Art Unit 3772
/HEIDI M EIDE/ Primary Examiner, Art Unit 3772
4/30/2026
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