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 .
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: the claimed “outlet opening” (claim 1) is not mapped to the drawings by an element number.
Claim Rejections - 35 USC § 112
Claims 1-19 are 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.
Regarding claim 1, the limitation “outlet opening” cannot be read in light of the specification as required of conventional rules of claim construction, since the specification does not sufficiently describe this feature with respect to the drawings. Is this element meant to be member 25, 13, 18, or instead some other non-numbered element?
Claims 4 and 5 are unclear, particularly at the limitation “the liquid flows with the volume flow through said start valve below said starting volume threshold value without a possibility of branching off from said high-pressure pump to said start valve in said main line”. Does this mean that in the position of Applicant’s FIG 4, fluid does not flow out through 25, 13, 18? (As the examiner understands, fluid flow occurs through 31, 26 and 25, 13, 18 in the position of FIG 4, and fluid is only prevented from flowing out through 25, 13, 18 when the valve shifts to the left due to increased flow, closing off 25, 13, 18.)
Claim 5 is seen as self-contradictory. It is not understood how the valve can operate “independently of the volume flow through said start valve” (claim 5), when its operation is determined based on “if a volume flow through said start valve corresponds at least to a starting volume threshold value” (claim 1). Said differently, claim 1 appears to require operation of the start valve to depend on the volume flow, while claim 5 precludes operation of the start valve from depending on the volume flow.
Claim 14 is unclear, specifically at the limitation “said valve member permits a minimum free cross-sectional area through said main line”. It isn’t understood how a valve can permit a minimum area through a line. Valves control flow through a line.
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.
(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.
Claim(s) 1-16 and 19 as understood is/are rejected under 35 U.S.C. 102a1/a2 as being anticipated by Amaduzzi (US 6,334,458), which discloses:
1. A pressure washer comprising:
a connection for a liquid source (see the tank of FIG 1 which is connected to pump 21);
a high-pressure pump (21);
a main line, through which a liquid is conveyable from said connection (through 21, 22, 23, 24, 25; FIG 1) to a spray discharge opening (at the downstream tip of 25) of said main line via said high-pressure pump;
said main line having a suction chamber between said connection and said high- pressure pump (the upstream side of 21);
said main line having a pressure chamber between said high-pressure pump and said spray discharge opening (downstream of 21, all the way through 25);
said pressure chamber being fluidically connected to said suction chamber via a return line (the line that returns fluid from 23 to the tank);
said main line having an outlet opening (5, 19c) through which the liquid from said main line is configured to flow into said return line;
a start valve (23);
the pressure washer being configured such that said start valve closes so that no liquid can flow through said return line from said pressure chamber into said suction chamber if a volume flow through said start valve corresponds at least to a starting volume threshold value (as shown in FIG 3, a greater pressure differential across piston 6 moves piston 6 to the right, closing the recirculation path);
said start valve having a valve member (6, 9);
wherein the liquid conveyed through said main line from said connection to said spray discharge opening via said high-pressure pump impinges on said start valve in said main line in a flow direction (as shown in FIG 3, from the left to the right);
said start valve being arranged in said main line downstream of said high- pressure pump (see FIG 1); and,
said start valve having a valve seat arranged at said outlet opening of said main line and configured to be closed by a movement of said valve member in the flow direction (piston 9 is the valve element, and slides over the opening at 5, which is considered the valve seat).
2. The pressure washer of claim 1, wherein said start valve is arranged in said main line upstream of said return line (see FIG 2, flow occurs first through the start valve and then to the return line).
3. The pressure washer of claim 1, wherein said start valve is arranged outside said return line (they are distinct elements; see FIG 1).
4. The pressure washer of claim 1, wherein the pressure washer is configured such that the liquid flows with the volume flow through said start valve below said starting volume threshold value without a possibility of branching off from said high-pressure pump to said start valve in said main line when the pressure washer is operated (as understood, fluid cannot branch off from the pump before entering the start valve, as long as maximum pressure safety valve 22 is not activated).
5. The pressure washer of claim 1, wherein the pressure washer is configured such that, during operation of the pressure washer, the liquid flows with the volume flow through said start valve below said starting volume threshold value independently of the volume flow through said start valve without a possibility of branching off from said high-pressure pump to said start valve in said main line (as understood, fluid cannot branch off from the pump before entering the start valve, as long as maximum pressure safety valve 22 is not activated).
6. The pressure washer of claim 1, wherein said start valve is configured such that said start valve permits the throughflow of liquid from said pressure chamber into said return line at the volume flow through said start valve below said starting volume threshold value (as shown in FIG 2, flow occurs to the return line).
7. The pressure washer of claim 6, wherein said start valve is configured such that said start valve prevents the throughflow of liquid from said pressure chamber into said return line if the volume flow through said start valve corresponds at least to said starting volume threshold value (as shown in FIG 3, flow is prevented from flowing to the return line).
8. The pressure washer of claim 1, wherein said start valve divides said pressure chamber of said main line into a pump section (upstream of the start valve) and a spray discharge section (downstream of outlet 4 of the start valve); said pump section is arranged between said high-pressure pump and said start valve; said spray discharge section is arranged between said start valve and said spray discharge opening (as mapped, see FIGS 1 and 2); and, said start valve is configured such that said start valve allows a direct throughflow of the liquid from said pump section into said spray discharge section when said volume flow through said start valve corresponds at least to said starting volume threshold value (as shown at FIG 3).
9. The pressure washer of claim 1, wherein said start valve has an inlet (3) connected to said main line; said start valve has a return outlet (19c) connected to said return line; and, said start valve has a main line outlet (19b) connected to said main line.
10. The pressure washer of claim 9, wherein said start valve is configured to close said return outlet if said volume flow through said start valve corresponds at least to said starting volume threshold value (as shown in FIG 3).
11. The pressure washer of claim 1, wherein said valve member is movable in a movement direction running in a direction of said flow direction (from left to right, FIGS 1-3).
12. The pressure washer of claim 1 further comprising: a stop element (10) for said valve member; said valve member being preloaded in a direction of said stop element (via spring 17); and, said valve member being configured to bear against said stop element when said volume flow through said start valve falls below a resting volume threshold value (as shown in FIG 2).
13. The pressure washer of claim 12, wherein said valve member is configured to bear against said stop element when the volume flow through said start valve falls below a resting volume threshold value in a state of said valve member unloaded by the liquid (i.e., the position of FIG 2).
14. The pressure washer of claim 1, wherein said start valve has an inlet surface (the left-facing annular surface of piston 9, which approaches 10) perpendicular to the flow direction, through which the liquid enters said start valve (see FIGS 2, 3);
in a state unloaded by the liquid (FIG 2), said valve member permits a minimum free cross-sectional area through said main line (col. 9 lines 44-50: “[f]ormed as a central channel or hole 14, the communication means 8 may, according to a variation not shown, be obtained for example in the form of a loose coupled arrangement of piston 9 and external housing 1, obtained by a leaving a larger amount of play or allowing for greater constructional tolerance during coupling of the two parts”, such that fluid must flow past this inlet surface in order to provide communication to chamber 2b in the position of FIG 2); and,
said minimum free cross-sectional area is at least 5% of said inlet surface (as understood, it’s 100% of the surface).
15. The pressure washer of claim 14, wherein said minimum free cross-sectional area is at least 10% of said inlet surface (as understood, it’s 100% of the surface).
16. The pressure washer of claim 14 further comprising: a stop element (10) for said valve member; said valve member being preloaded in a direction of said stop element (via spring 17); said valve member being configured to bear against said stop element when said volume flow through said start valve falls below a resting volume threshold value (as shown in FIG 2); said valve member having a peripheral surface pointing to an inner wall of said start valve; and, a gap forming said minimum free cross-sectional area being formed between said peripheral surface and said inner wall (col. 9 lines 44-50: “[f]ormed as a central channel or hole 14, the communication means 8 may, according to a variation not shown, be obtained for example in the form of a loose coupled arrangement of piston 9 and external housing 1, obtained by a leaving a larger amount of play or allowing for greater constructional tolerance during coupling of the two parts”, such that the outside of the piston is read as the peripheral surface, the inside of external housing 1 is read as the inner wall of said start valve, and the larger amount of play being read as the claimed gap).
19. The pressure washer of claim 1, wherein said valve seat is arranged at an inlet of said return line (see FIGS 2, 3).
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.
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.
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) 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Amaduzzi.
Amaduzzi discloses the claimed invention with exception to the cutouts as claimed. However flow cutouts as claimed were well-known in the art before the effective filing date (official notice), and it would have been obvious to one of ordinary skill in the art to use cutouts as claimed in the alternative embodiment of Amaduzzi (loose fitting piston instead of orifice 14) in order to provide adequate flow.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 5,718,255 discloses a similar bypass valve for a pressure washer that closes a recirculation path when flow rate exceeds a threshold.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM M MCCALISTER whose telephone number is (571)270-1869. The examiner can normally be reached M-F from 7am to 6pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CRAIG SCHNEIDER, can be reached at telephone number 571-272-3607, or Kenneth 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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/WILLIAM M MCCALISTER/ Primary Examiner, Art Unit 3753
2/25/26
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