DETAILED ACTION
Claims 1-20 are pending.
This action is in response to the amendment filed 2/17/2026.
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 2/17/2026 have been fully considered but they are not persuasive.
Applicant’s arguments that the second opening and the first opening are not in fluid communication with one another, is not persuasive, since as shown in Wright, in Figure 3, the chamber 62 is or is connected to the thigh pressure source, and the ports 38 are located within valve member 58, therefore the ports 38a and 38b are connected to each other and in fluid communication with each other, as column, 4, lines 47-48 and 58-59 discloses, that the “ports 38a&b are connected to the high pressure source”, and since there is nothing blocking communication between them they are considered as being in fluid communication with each other.
Since applicant’s amendments necessitated the new grounds for rejection and the arguments are not persuasive, this action is made Final.
Allowable Subject Matter
The indicated allowability of claims 5,11, and 15,16,19 and 20 are withdrawn in view of the reference(s) to Wright and applicant’s amended claims. Rejections based on the cited reference(s) follow.
Claim Objections
Applicant’s amendment overcomes the prior objections.
Claim 15 is objected to because of the following informalities: line 6, “a piston” should be - -the piston - -.
Appropriate correction is required.
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 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.
Claim(s) 1,5,6,15,16 and 19 are rejected under 35 U.S.C. 102a1 as being anticipated by Wright et al. (US 7921876) (referred herein after as “Wright”).
Regarding claim 1, Wright discloses a rotor (58,66) for a directional control valve (14), the rotor comprising: a rotor body (58) defining a sealing surface (seal at 16 surface), a circumferential side surface (the vertical side of 58, see Fig.3), and a stem (66) that receives a rotational input to rotate the rotor about an axis (at 42);
a first opening (38a within 58) formed in the sealing surface and defining a first perimeter, the first opening positioned to move along a rotation path as the rotor body rotates and the first opening having a first notch (68a) extending from the first perimeter toward a centerline of the rotor body that is perpendicular to the axis and along the rotation path (as seen in Fig.3); and
a second opening (38b within 58) formed in the sealing surface and defining a second perimeter, the second opening positioned to move along the rotation path as the rotor body rotates and the second opening having a second notch (68b) extending from the second perimeter toward the centerline of the rotor body and along the rotation path, the second opening and the first opening being in fluid communication with each other (as shown in Figure 3, the chamber 62 is or is connected to the high pressure source, and the ports 38 are located within valve member 58, therefore the ports 38a and 38b are connected to each other and in fluid communication with each other, as column, 4, lines 47-48 and 58-59 discloses, that the “ports 38a&b are connected to the high pressure source”, and since there is nothing blocking communication between them within chamber 62, they are considered as being in fluid communication with each other).
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Regarding claim 5, Wright discloses the third and the fourth openings are in fluid communication with each other (col. 4,lns. 48-49; “ports 38c&d are connected to the low pressure source 22”).
Regarding claim 6, Wright discloses the first notch and the second notch are shaped (the shape having a depth of the notch in Fig. 3) to facilitate a linear decrease in pressure when the rotor is rotated (this permits more area and decreases pressure).
Regarding claim 15, Wright discloses a method of operating a piston (28) via a rotary shear seal valve (14), the method comprising: rotating a rotor (58) to a first position (fig 5); fluidly coupling a pressure source with a first opening (38a) and fluidly coupling a second opening (38b) with a tank; extending “a piston” (col.5, lns. 33-37) within a cylinder (18) of a piston cylinder assembly that causes an operation on a workpiece; rotating the rotor to a second position (Fig 6); fluidly coupling a first notch (68a) of the first opening with the tank and fluidly coupling a second notch (68b) of the second opening with the pressure source; and retracting the piston (col.5, lns. 45-49) within the cylinder of the piston cylinder assembly.
Regarding claim 16, Wright discloses wherein the rotor rotates in a first rotational direction (clockwise) to reach the first position and in a second rotational direction (counterclockwise) to reach the second position, the first rotational direction being opposite the first rotational direction.
Regarding claim 19, Wright discloses wherein the first notch and the second notch are located on a rotation path (the path which they are radially located as shown in Figures 4-6) of the rotor that increases flow metering.
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.
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) 2,3,9,11-14 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Wright ‘876 in view of Schumann et al. (US 4633904).
Regarding claims 2 and 3, Wright discloses all of the features of the claimed invention, including each of the first perimeter and the second perimeter has a circular shape, and the rotation path bisects the path of the other openings, but is silent to having each of the first notch and the second notch is formed as a triangular portion and, wherein the triangular portion defines an arcuate base and a peak opposite the arcuate base, and wherein the rotation path bisects the arcuate base and intersects the peak. Schumann et al. teach the use of an opening where each of the first notch and the second notch is formed as a triangular portion (104, see Fig. 15) and, wherein the triangular portion defines an arcuate base (at 105) and a peak (the smallest end portion of 104) opposite the arcuate base, and wherein the rotation path bisects the arcuate base and intersects the peak (as shown in Figure 11 the centerline of the openings are on the same diametrical circle).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute a triangular shaped opening as taught by Schumann et al. for the passage in Wright to have each of the first perimeter and the second perimeter has a circular shape, and the rotation path bisects the path of the other openings, but is silent to having each of the first notch and the second notch is formed as a triangular portion and, wherein the triangular portion defines an arcuate base and a peak opposite the arcuate base, and wherein the rotation path bisects the arcuate base and intersects the peak, in order to “facilitates a relatively gradual decrease in flow rate and minimizes the discontinuity, or abrupt change, in flow rate which occurs at the moment when the opening passes totally out of register with the port” (Schumann et al., Col. 14, lns. 42-60, col.1, lns.7-12), and since it has been held, that an express suggestion to substitute one equivalent component (passage/opening) or process for another is not necessary to render such substitution obvious.
Regarding claim 9, Wright discloses a shear seal control valve (41), comprising:
a valve body (60) defining first and second ports (the ports 38 within 60); and
a rotor (58) rotatably received in the valve body and having a plurality of openings (38a-d) formed in a mating surface (16) of the rotor, the plurality of openings arranged to allow selective coupling of the first and second ports as the rotor rotates in the valve body, the plurality of openings including first and second openings (38a,b) that each define a perimeter having a partially circular portion, the second opening and the first opening being in fluid communication with each other (as shown in Figure 3, the chamber 62 is or is connected to the high pressure source, and the ports 38 are located within valve member 58, therefore the ports 38a and 38b are connected to each other and in fluid communication with each other, as column, 4, lines 47-48 and 58-59 discloses, that the “ports 38a&b are connected to the high pressure source”, and since there is nothing blocking communication between them within chamber 62, they are considered as being in fluid communication with each other),
although are silent to having
a triangular portion, the respective triangular portions defining a notch of the respective first and second openings.
Schumann et al. teach the use of a triangular portion (104, see Fig. 15) a triangular portion, the respective triangular portions defining a notch of the respective first and second openings.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute a triangular shaped opening as taught by Schumann et al. for the passage in Wright to have a triangular portion, the respective triangular portions defining a notch of the respective first and second openings, in order to “facilitates a relatively gradual decrease in flow rate and minimizes the discontinuity, or abrupt change, in flow rate which occurs at the moment when the opening passes totally out of register with the port” (Schumann et al., Col. 14, lns. 42-60, col.1, lns.7-12), and since it has been held, that an express suggestion to substitute one equivalent component (passage/opening) or process for another is not necessary to render such substitution obvious.
Regarding claim 11, Wright discloses the third and the fourth openings are in fluid communication with each other (col. 4,lns. 48-49; “ports 38c&d are connected to the low pressure source 22”).
Regarding claim 12, Wright discloses the notches provide a linear pressure decrease in hydraulic pressure as the rotor is rotated from a first position to a second position (the notches having a depth of the notch in Fig. 3, this permits more area and decreases pressure).
Regarding claim 13, Wright discloses the first opening is coupled with a pressure source (at 20) and the second opening is coupled with a tank (at 22) in the first position (as shown in Figure 4).
Regarding claim 14, Wright discloses the first opening is coupled with the tank and the second opening is coupled with the pressure source in the second position (as shown in Figure 2, the two openings are coupled with the tank and the pressure source since they are all physically connected, they are also considered as being coupled with each other and the tank and the source).
Regarding method claim 20, the device shown by Wright when combined with Schumann et al. will perform the methods as recited in claim 20, during normal operational use of the device.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Wright ‘876 in view of Nogami et al. (US 5014748).
Regarding claim 4, Wright discloses all of the features of the claimed invention, including a third opening (at 38d with 68d) formed in the sealing surface and defining a third perimeter, the third perimeter defining a circular shape (at 68d), and a fourth opening (at 38c with 68c) formed in the sealing surface and defining a fourth perimeter, the fourth perimeter defining a circular geometry and, but is silent to having the third opening having an open area that is less than an open area of the first opening; and the fourth opening having a surface area less than the first perimeter of the first opening.
Nogami et al. teach the use of the third opening (at 12) having an open area that is less than an open area of the first opening (10); and the fourth opening (at 13) having a surface area less than the first perimeter of the first opening.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute an opening with an open area that is less than an open area of the first opening; and the another opening having a surface area less than the first perimeter of the first opening, as taught by Nogami et al. for the third and fourth openings in Wright to have the third opening having an open area that is less than an open area of the first opening; and the fourth opening having a surface area less than the first perimeter of the first opening, since such a modification would have involved a mere change in size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. Therefore, it would have been obvious to construct the openings in any size, since there is no criticality to the opening's size and invention would function as well with any opening size.
Claim(s) 10 are rejected under 35 U.S.C. 103 as being unpatentable over Wright ‘876 in view of Schumann et al. (US 4633904) and further in view of Nogami et al. (US 5014748).
Regarding claim 10, Wright and Schumann et al. disclose all of the features of the claimed invention, including Wright discloses a third opening (at 38d with 68d) and a fourth opening (at 38c with 68c), but is silent to having the third opening and the fourth opening that define a surface area less than the perimeter of the first opening and the second opening.
Nogami et al. teach the use of the third opening (at 12) and the fourth opening (at 13) that define a surface area less than the perimeter of the first opening (10) and the second opening (11).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the smaller openings as taught by Nogami et al. for the third and fourth openings in Wright, in the combined device of Wright and Schumann et al., to have the third opening and the fourth opening that define a surface area less than the perimeter of the first opening and the second opening, since such a modification would have involved a mere change in size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. Therefore, it would have been obvious to construct the openings in any size, since there is no criticality to the opening's size and invention would function as well with any opening size.
Allowable Subject Matter
Claims 7,8, 17 and 18 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.
The following is a statement of reasons for the indication of allowable subject matter:
None of the prior art discloses or renders as obvious;
“a third position where the first opening and the second opening are not fluidly coupled to the tank or the pressure source”, in combination with the rest of the limitations in claim 7 and the claims from which it depends.
None of the prior art discloses or renders as obvious;
“rotating the rotor to a third position; and fluidly decoupling the first opening, the second opening, the pressure source, and the tank” , in combination with the rest of the limitations in claim 17 and the claims from which it depends.
Double Patenting
Applicant’s amendments to the pending claims now 21-40 of Application No. 19/204,043 overcome the Double patenting rejection as a clear line of demarcation between the applications now exist, since the claims now amended, are no longer coextensive in scope.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/CRAIG J PRICE/ Primary Examiner, Art Unit 3753