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 .
Election/Restrictions
Claims 39-59 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected Inventions II-V, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 10/13/2025.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “I-port, x-port, L-port, T-port, vertical L-port, vertical T-port, double L-port, and double T-port” in claim 27 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 2 and 9-12 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 2, the phrase "can be" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. The language implies an optional capability.
Claim 9, the limitation “the metal alloy powder comprises a plurality of metal particles, metal alloy particles, or both” is indefinite because it is dependent on claim 8 which introduces a metal, metal alloy, or both, and it is unclear if the limitation is only intended to apply to only the metal alloy powder and not the instance of the metal powder. Claim 10 includes a similar recitation referring only to the metal alloy.
Claims 11 and 12 are rejected due to being dependent upon a rejected base claim.
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.
(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, 2, 14-19, 23-27, 30-32, 34, 35, 37 and 38 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Won (KR 100594493).
Won discloses:
1. A modular ball valve (figs. 3-7), comprising: a valve body frame (100) comprising an inner surface (surfaces facing 200) and an outer surface (surfaces facing away from 200), the outer surface comprising at least two side faces (left and right facing as seen in fig. 6), a top face and a bottom face (top and bottom faces as seen in fig. 6), wherein the at least two side faces comprise a first side face and a second side face (left and right side faces, fig. 6); a first end cap (330, fig. 4, 6) comprising a first seat (333, fig. 4) and secured to the first side face; a second end cap (320, fig. 4) comprising a second seat (323) and secured to the second side face; a ball (200) disposed between the first seat and the second seat and comprising a top outer-diameter surface (having 80), a bottom outer-diameter surface (having 210), and a valve stem slot (80); a bottom end cap (30o, fig. 4) secured to the bottom face of the valve body frame; a top end cap (seen around 70 in fig. 4) comprising a through hole (through which 70 extends) and secured to the top face of the valve body frame (as seen in fig. 4), wherein the through hole extends between a proximal surface of the top end cap and a distal surface of the top end cap (so as to allow stem 70 to extend therethrough); and a valve stem (70) comprising a distal end (top end 70), a proximal end (bottom end having 82) and a stem body frame (middle portion of 70) that extends between the distal and the proximal end, wherein the proximal end is engaged with the valve stem slot (as seen in fig. 6), and wherein the stem body frame extends through the through hole (as seen in fig. 6).
2. The valve of claim 1, wherein any one of the first end cap, second end cap, bottom end cap and top end cap can be separately removed from the valve body frame and replaced with a respective one of a replacement (note, the limitation “can be” only seems to imply an optional capability. The end caps seen as separated in fig. 4. Although the top end cap is not shown separate, the limitation does not preclude cutting to separate and welding to reattach another replacement. Also note, it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179.).
14. The valve of claim 1, wherein the valve is a 3-way valve (300, 310, 320).
15. The valve of claim 1, wherein the valve is a 4-way valve (300, 310, 320, 330/332).
16. The valve of claim 1, wherein the valve is a 5-way valve(300, 310, 320, 330/332, 340/342).
17. The valve of claim 1, wherein the valve body frame comprises a cube-shaped valve body (cube shape of 100 seen in fig. 4).
18. The valve of claim 16, wherein the cube-shaped valve body frame comprises 6 side faces (cube shape of 100 shown in 100 has 6 faces).
19. The valve of claim 17, wherein at least one of the first end cap and the second end cap comprises a blank end cap fastened to one of the 6 faces (330 is a blank end cap, fig. 6).
23. The valve of claim 1, wherein the stem body frame comprises a distal portion (portion adjacent square shaped top portion of 70) and a proximal portion (portion adjacent 82).
24. The valve of claim 1, wherein the stem’s distal end is welded to the stem body frame’s distal portion (stem 70 is shown as an integral member between the two ends with the stem frame as a middle portion between the end portions; note, the limitation “welded” is considered a product-by-process limitation. The patentability of a product does not depend on its method of production. If the product in the product-by process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985).
25. The valve of claim 1, wherein the stem’s proximal end extends from the stem body frame’s proximal portion and wherein the proximal end and stem body frame comprise a single, machined part (as seen in fig. 6, 70 is an integral stem).
26. The valve of claim 1, wherein the ball comprises a fully ported ball (ported through 212 to 214).
27. The valve of claim 26, wherein the fully ported ball comprises an L-port (as seen in fig. 6).
30. The valve of claim 1, wherein the inner surface comprises at least two inner side faces, an inner top face and an inner bottom face (cube shape would have 6 inner faces: 4 side faces and a top and a bottom face).
31. The valve of claim 30, wherein the valve body frame further comprises a plurality of openings that each extends from the inner surface to the outer surface (plurality of openings in 100 are seen in fig. 4 to fit 300, 310, 320, 340, 350 and opening for 70).
32. The valve of claim 31, wherein the plurality of openings comprises a top opening that extends from the inner top face to the top face (opening allowing 70 therethrough), a bottom opening (opening through which 300 extends to seat against ball 200) that extends from the inner bottom surface to the bottom face, and at least two side openings (two openings which allow any two of 310, 320, 330, or 340 therethrough to seat against ball 200) comprising a first side opening that extends from a first of the two inner side faces to a first of the two side faces and a second side opening that extends from a second of the two inner side faces to a second of the two side faces (as seen in fig. 4, 6, 7).
33. The valve of claim 1, further comprising an O-ring (78) disposed between the proximal and distal ends of the stem; a wave spring washer (74) disposed distal to the proximal end of the stem, and a retaining ring (72) disposed distally to the wave spring washer, wherein the stem extends through the O-ring, wave spring washer, and retaining ring.
34. The valve of claim 1, wherein at least one of the first side face, the second side face, the top face and the bottom face comprises fastener accepting holes and wherein at least one of the top end cap, bottom end cap, first end cap and second end cap comprises fastener through holes that align with the fastener accepting holes (4 fasteners are shown in fig 4 which correspond to 4 holes in each 300, 310, 320, 330, 340).
35. The valve of claim 1, further comprising a mounting adaptor (top flange with 4 holes see in fig. 3) secured to the top end cap.
37. The valve of claim 1, further comprising an actuator (50) attached to the distal end of the stem and adapted to transfer rotational motion to the ball.
38. The valve of claim 1, further comprising a fastening nut (72), wherein the distal end of the stem comprises a threaded portion (to which 72 would thread to) and the stem is secured to the top end cap with the fastening nut threaded along the threaded portion of the stem (as seen in fig. 6).
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 of this title, 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.
Claim 28-29 are rejected under 35 U.S.C. 103 as being unpatentable over Won (KR 100594493) in view of Korczynski, Jr. (US 5911405).
Won discloses the invention as essentially claimed, except for wherein each of the valve body frame, first end cap, second end cap, ball, bottom end cap, top end cap and stem substantially comprise specifically a metal alloy; and further comprising a handle attached to the distal end of the stem and adapted to transfer rotational motion to the ball.
Korczynski, Jr. teaches metal alloys are known to be traditionally used to form a related ball valve with a square frame and end caps (figs. 1-3), for the purpose of use with corrosive fluent materials (col. 1, ll. 10-13). Korczynski, Jr. teaches a handle is known to be attached to the distal end of the stem and adapted to transfer rotational motion to the ball as an alternate known actuator for rotating a ball valve (col. 2, ll. 52-56).
It would have been obvious to one having ordinary skill in the art to modify the invention of Won, such that each of the valve body frame, first end cap, second end cap, ball, bottom end cap, top end cap and stem substantially comprise specifically a metal alloy, and further comprising a handle attached to the distal end of the stem and adapted to transfer rotational motion to the ball, as taught by Korczynski, Jr., for the purpose of use with corrosive fluent materials, in a manner known to be conventional in the art of ball valves, and for providing an alternate known actuator for rotating a ball valve, in a manner yielding predictable results. Further, it would have been obvious to one having ordinary skill to make the valve body frame, first end cap, second end cap, ball, bottom end cap, top end cap and stem of a metal alloy, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Claims 20-22 are rejected under 35 U.S.C. 103 as being unpatentable over Won (KR 100594493) in view of Ji et al. (CN 104565421).
Won discloses the invention as essentially claimed, except for wherein the valve stem comprises a thermally insulating stem; wherein the stem body frame comprises at least a hollow portion; wherein the stem body frame comprises an inner diameter, an outer diameter and a sidewall that extends from the inner diameter to the outer diameter.
Ji et al. teach a related rotary ball valve wherein the valve stem comprises a thermally insulating stem (1, 6); wherein the stem body frame comprises at least a hollow portion (within 6); wherein the stem body frame comprises an inner diameter (facing 1), an outer diameter (outer diameter of 6) and a sidewall that extends from the inner diameter to the outer diameter (to form a hollow interior around 1), for the purpose of providing an alternate valve stem which provides improved sealing around the stem and allows for use with extreme low temperatures [0004], [0007], [0011].
It would have been obvious to one having ordinary skill in the art to modify the invention of Won, wherein the valve stem comprises a thermally insulating stem; wherein the stem body frame comprises at least a hollow portion; wherein the stem body frame comprises an inner diameter, an outer diameter and a sidewall that extends from the inner diameter to the outer diameter, as taught by Ji et al. for the purpose of providing an alternate valve stem which provides improved sealing around the stem and allows for use with extreme low temperatures.
Claim 33 is rejected under 35 U.S.C. 103 as being unpatentable over Won (KR 100594493) in view of DeJager (US 4475712).
Won discloses the invention as essentially claimed, except for further comprising a lower bearing disposed at a proximal portion of the top end cap on a sidewall portion of the through hole, an upper bearing disposed at a distal portion of the top end cap on the sidewall portion of the through hole, an O-ring disposed between the upper bearing and the lower bearing; a wave spring washer disposed distal to the upper bearing and a retaining ring disposed distally to the wave spring washer, wherein the stem extends through the lower bearing, O-ring, upper bearing, wave spring washer and retaining ring.
DeJager teaches a related rotary valve with a lower bearing (75) disposed at a proximal portion of the valve body top end (23) on a sidewall portion of the stem through hole (32), an upper bearing (100) disposed at a distal portion of the valve body top end on the sidewall portion of the stem through hole, a sealing ring (74) disposed between the upper bearing and the lower bearing; a wave spring washer (106) disposed distal to the upper bearing and a retaining ring (96) disposed distally to the wave spring washer, wherein the stem (90, 95) extends through the lower bearing, O-ring, upper bearing, wave spring washer and retaining ring (as seen in fig. 1), for the purpose of providing an improved sealing of a rotary valve actuator stem that is capable of operating for an extended service life with minimum tendency for leakage while carrying fluids therethrough at high pressures and at extreme temperatures (col. 1, ll. 41-46).
It would have been obvious to one having ordinary skill in the art to modify the invention of Won, to further comprise a lower bearing disposed at a proximal portion of the top end cap on a sidewall portion of the through hole, an upper bearing disposed at a distal portion of the top end cap on the sidewall portion of the through hole, an O-ring disposed between the upper bearing and the lower bearing; a wave spring washer disposed distal to the upper bearing and a retaining ring disposed distally to the wave spring washer, wherein the stem extends through the lower bearing, O-ring, upper bearing, wave spring washer and retaining ring, as taught by DeJager, for the purpose of providing an improved sealing of a rotary valve actuator stem that is capable of operating for an extended service life with minimum tendency for leakage while carrying fluids therethrough at high pressures and at extreme temperatures.
Claims 60-61 are rejected under 35 U.S.C. 103 as being unpatentable over Won (KR 100594493) in view of Lee (US 20210366733).
Won discloses the invention as essentially claimed, except for wherein the end caps are fastened to the valve frame with threaded fasteners comprising recessed fastener heads; and further comprising a valve heater jacket comprising a heated surface disposed adjacent to at least one of the top end cap and the bottom end cap.
Lee teaches a related rotary ball valve with a square frame (110) and end caps (111-113), wherein the end caps are fastened to the valve frame with threaded fasteners comprising recessed fastener heads (shown in fig. 3); and further comprising a valve heater jacket (150) comprising a heated surface (141) disposed adjacent to at least one of the top end cap and the bottom end cap (as seen in fig. 4, the heating occurs on a side which is adjacent the top and bottom sides), for the purpose of providing fasteners which contribute to a more compact overall size of the assembled valve frame, and for the purpose of providing a compact heating unit for use of the ball valve in a semiconductor process [0002].
It would have been obvious to one having ordinary skill in the art to modify the invention of Won, wherein the end caps are fastened to the valve frame with threaded fasteners comprising recessed fastener heads; and further comprising a valve heater jacket comprising a heated surface disposed adjacent to at least one of the top end cap and the bottom end cap, as taught by Lee, for the purpose of providing fasteners which contribute to a more compact overall size of the assembled valve frame, and for the purpose of providing a compact heating unit for use of the ball valve in a semiconductor process.
Allowable Subject Matter
Claims 3-8, 13 and 36 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.
Claims 9-12 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. JP H09509726 and US 5906354 disclose related sealings of a valve actuating stem. US 6401754 and CN 108533795 disclose a related rotary ball valve with a square frame and end caps.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARINA TIETJEN, whose telephone number is 571-270-5422. The examiner can normally be reached on Monday-Friday (10:30AM-7:00PM CST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisors can be reached by phone. Tom Barrett can be reached at 571-272-4746, Ken Rinehart can be reached at 571-272-4881, and Craig Schneider can be reached at 571-272-3607. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MARINA A TIETJEN/Primary Examiner, Art Unit 3753