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
2. Claims 13-14 withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Group II , there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 05/04/2026.
3. Examiner states that apparatus and method claims are given different patentable weight. Examiner wishes to point out to applicant that claims 1-12 are directed towards an apparatus and as such will be examined under such conditions. The material worked upon or the process of using the apparatus are viewed as recitation of intended use and are given little patentable weight (Please see MPEP 2114 R1-2115 R2 for further details). Therefore method claims 13-14 are withdrawn from consideration.
Claim Rejections - 35 USC § 103
4. 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.
5. 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.
7. Claim(s) 1-4, 6-9, 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over BRUNNER (20100090375), in view of Schmid (US 20150042021) and Hartog, (US 20130092371).
8. Regarding Claim 1 BRUNNER discloses apparatus for forming plastic preforms into plastic containers with 10a preferably movable carrier on which a plurality of forming stations for forming the plastic preforms into the plastic containers is arranged (Figure 3, forming station-121, 122.), wherein these forming stations each have valve arrangements for applying a flowable medium to the plastic preforms in order to expand them ([0028], [0042], 121 from the first pressure compartment 21). Brunar didn’t disclose that valve arrangements have valve devices with movable piston devices.
In the related field of endeavor pertaining to the art, Schmid discloses that Schmid (US 20150042021) wherein each of these valve arrangements has at least two controllable valve devices, wherein these valve devices having movable piston devices which can switch the valve devices between at least two valve positions( [0003], [0048], Figure 1, controlled valves-122 , in order to control the position of each valve piston 110a-110d. As can be seen, the valve pistons 110a and 110b are shown in the open position with the valve pistons 110c and 110d in the closed position. ), the apparatus has a monitoring device for checking a state of wear of at least one of the valve devices and wherein this monitoring device has at least one detection device.( Fig. 3, monitor- CPU , items/detection device 330a-b ([0048], lines 9-13 (i.e., the position sensors/monitoring device- 330a-b may provide a signal to the stretch rod control valve 203 indicating a position of the stretch rod 202 (i.e., the piston 302) relative to the cylinder 201)).
9. It would be obvious for one ordinary skilled in the art to combine BRUNNER’s teaching with that of Schmid’s teaching of the valve devices consisting of piston by Schmid for the purpose of controlling the pressure of the flowable medium.
10. Further, the above combination didn’t disclose that detecting the state of wear of the valve device by electromagnetic radiation and/or acoustically and without contact. In the related field of endeavor pertaining to the art, of valve wear, Hartog is configured for detecting the state of wear of the valve device by electromagnetic radiation and/or acoustically and without contact ([0012], [0040], [0069]).
11. It would be obvious for one ordinary skilled in the art to combine BRUNNER’s teaching with that of Schmid’s teaching of the Hartog’s detection system for the purpose of understanding of the conditions of the neighboring surrounding while detecting the wear of the valves ([0015], Hartog).
12. Regarding Claim 2 Hartog discloses the detection device is configured for capturing a spatially resolved image of at least one component of a valve device ([0006], [0012], [0032]-[0033], detection for the valves in wellbore are used).
13 Regarding Claim 3 Schmid discloses detection device is configured for detecting the state of wear of the valve device through a wall of this housing or the detection device is integrated into this housing (Figure 3, sensor-330 a-b, the detection sensors are positioned on the cylinder housing-201 of the valve-203);
14. Regarding Claim 4 Hartog discloses that the detection device is or has an image capturing device ([0040], [0077]).
15. Regarding claim 6 Schmid/Hartog disclose wherein the detection device is configured for detecting a state of wear of the valve piston (Figure 1 as it can be seen, the valve pistons 110a and 110b are shown in the open position with the valve pistons 110c and 110d in the closed position, Schmid; ([0006], [0012], [0032]-[0033], wear valves detection are used in Hartog).
16. Regarding Claim 7 Schmid/Hartog discloses wherein the apparatus has a control device which is configured for controlling the apparatus on the basis of at least one value output by the detection device ([0048], Schmid) and for outputting a signal which is characteristic of a state of wear of the valve device ([0040], Hartog).
17. Regarding Claim 8 Schmid discloses apparatus according to wherein the detection device is arranged in a stationary manner relative to the valve device (Figure 2-3, [0048]).
18. Regarding Claim 9 Schmid discloses wherein said valve device has a media inlet for a flowable medium and a media outlet for the flowable medium and a linearly movable piston device which is movable between at least two positions of the valve device, wherein in one of the two positions a media flow of the flowable medium from the media inlet to the media outlet is enabled and in the other of the two positions a media flow of the flowable medium from the media inlet to the media outlet is prevented ([0003], Figure 1, inlet and outlet ports-114, 116, 118, [0048]the valve pistons 110a and 110b are shown in the open position with the valve pistons 110c and 110d in the closed position), and having a housing within which the piston device is movable, wherein at least a portion of the piston device and/or a valve seat can be observed by an optical detection device through a region of the housing (Figure 1 as it can be seen, the valve pistons 110a and 110b are shown in the open position with the valve pistons 110c and 110d in the closed position in the housing 101, Schmid; ([0006], [0012], , wear valves detection are used in Hartog).
19. Regarding Claim 11 Schmid discloses wherein the valve device is a pneumatically or electrically controlled valve device ([0045])
20. Regarding Claim 12 Schmid/Hartog device for monitoring a state of wear of a valve device with a valve device according to claim 9 and with a detection device which is configured for detecting at least one state of wear the valve seat ( ([0006], [0012], , wear valves detection are used in Hartog).
21. Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over BRUNNER 20100090375, in view of Schmid (US 20150042021) and Hartog, US 20130092371 as applied in Claim 3 further in view of JP H 0953749 .
13. Regarding Claim 5 Schmid discloses detection device is configured for detecting the state of wear of the valve device through a wall of this housing or the detection device is integrated into this housing (Figure 3, sensor-330 a-b, the detection sensors are positioned on the cylinder housing-201 of the valve-203); however didn’t disclose that the housing has at least one wall portion that is transparent to light JP’749 disclose s that housing has at least one wall portion that is transparent to light (Figure 1, transparent widow-80, [0027], translated).
14. It would be obvious for one ordinary skilled in the art to combine BRUNNER’s teaching with that of Schmid’s teaching of the detection system with JP’748 transparent wall of the housing so that presence of the flowable medium and the flow amount can be visible.
15. Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over BRUNNER 20100090375, in view of Schmid (US 20150042021) and Hartog, US 20130092371 as applied in Claim 9 further in view of JP 2006125548.
16. Regarding Claim 10 Schmid/Hartog disclose wherein the detection device is configured for detecting a state of wear of the valve piston (Figure 1 as it can be seen, the valve pistons 110a and 110b are shown in the open position with the valve pistons 110c and 110d in the closed position, Schmid; ([0006], [0012], [0032]-[0033], wear valves detection are used in Hartog) but did not disclose that wherein the housing has a recess where detection device can be inserted . In the related field of endeavor pertaining to the art, JP’548 discloses housing has a recess where detection device can be inserted (Figure 5, [0006]).
17. It would be obvious for one ordinary skilled in the art to combine BRUNNER’s teaching with that of Schmid’s teaching of the detection system with JP’548 teaching of recess for the detecting device for the positional gripping of the detectors during the process.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEBJANI ROY whose telephone number is (571)272-8019. The examiner can normally be reached 9:30-5:30 pm.
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 supervisor, Alison Hindenlang can be reached at 571-270-7001. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DEBJANI ROY/Examiner, Art Unit 1741
/ALISON L HINDENLANG/Supervisory Patent Examiner, Art Unit 1741
Prosecution Insights