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 .
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.
Response to Arguments
Upon further consideration in view of the rejection below, the Non-Final Rejection dated 24 Sept 2025 has been withdrawn.
Claim Rejections - 35 USC § 102
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) 1-3, 5-7, 9-11, 13-15 and 17-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Harashima (US 20190024810).
Regarding Claim 1, Harashima discloses an IV check valve1 (Figure 1). The check valve comprising:
an inlet housing (21), an outlet housing (22), and a valve chamber (see Annotated Figure A) formed between an inner surface of the inlet housing (Figure 1 of 21) and an inner surface of the outlet housing (Figure 1 of 22), the inlet housing (21) comprising an inlet port (23 generally) forming a first fluid passage extending from a first opening (see Annotated Figure A; Figure 1) through the inner surface of the inlet housing to an outer surface of the inlet housing (Figure 1 from the first opening to the left as seen in the orientation of Annotated Figure A), and the outlet housing (22) comprising an outlet port (24 generally) forming a second fluid passage extending from a second opening (see Annotated Figure A) through the inner surface of the outlet housing to an outer surface of the outlet housing (see Annotated Figure A to the right as seen in the orientation of Annotated Figure A); and
a valve member (3) comprising a valve head (see Annotated Figure A) and a valve stem (see Annotated Figure A), the valve member (3) positioned within the valve chamber with a central portion of an upper surface of the valve head engaged against the first opening (see Annotated Figure A), a gap between a periphery of the upper surface of the valve member and the inner surface of the inlet housing (Figure 6 shown at 34), and the valve stem extending longitudinally from the valve head to the outlet housing (see Annotated Figure A);
wherein when a pressure from the inlet housing is applied to the valve member, the valve head is bendable away from the inner surface of the inlet housing to an open position in which the upper surface of the valve head unseals from the first opening (¶ 41), and when a pressure from the outlet housing is applied to the valve member, the valve head is bendable toward the inner surface of the inlet housing to a closed position in which the upper surface of the valve head seals the first opening such that the valve head conforms to a shape of the inner surface of the inlet housing (Figure 8 and ¶ 44).
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Annotated Figure A
Regarding Claim 2, Harashima discloses where the first opening defines an area of the inner surface of the inlet housing engaged against the upper surface of the valve head (see Annotated Figure A), and the second opening defines an area of the inner surface of the outlet housing engaged against the valve stem (see Annotated Figure A), the area of the second opening being smaller than the area of the first opening (see Annotated Figure A).
Regarding Claim 3, Harashima discloses where the valve member (3) comprises an umbrella-like shape (Figure 1).
Regarding Claim 5, Harashima disclose where the upper surface of the valve head is configured to engage against a rim of the first opening (see Annotated Figure A).
Regarding Claim 6, Harashima disclose where a thickness of the valve head decreases from the central portion towards a periphery of the valve head (thickest at the stem and narrowing out to the periphery as seen in Figure 6).
Regarding Claim 7, Harashima disclose where the valve stem (see Annotated Figure A) is positioned within the second opening (see Annotated Figure A).
Regarding Claim 9, Harashima disclose an IV check valve2 (Figure 1), The check valve comprising:
an inlet housing (21), an outlet housing (22), and a valve chamber (see Annotated Figure A) formed between an inner surface of the inlet housing (Figure 1) and an inner surface of the outlet housing (Figure 1), the inlet housing comprising an inlet port (from 23) forming a first fluid passage extending from a first opening (see Annotated Figure A) through the inner surface of the inlet housing to an outer surface of the inlet housing (Figure 1 from the first opening to the left as seen in the orientation of Annotated Figure A), and the outlet housing comprising an outlet port (24) forming a second fluid passage extending from a second opening (see Annotated Figure A) through the inner surface of the outlet housing to an outer surface of the outlet housing (see Annotated Figure A to the right as seen in the orientation of Annotated Figure A); and
a valve member (3) comprising a valve head (see Annotated Figure A) and a valve stem (see Annotated Figure A), the valve member (3) positioned within the valve chamber with a central portion of an upper surface of the valve head engaged against the first opening (see Annotated Figure A), a gap between a periphery of the upper surface of the valve member and the inner surface of the inlet housing (Figure 6 at 34), and the valve stem (see Annotated Figure A) extending longitudinally from the valve head to the outlet housing (see Annotated Figure A);
wherein, in an open position, the valve head is biased in a direction away from the inner surface of the inlet housing such that the upper surface of the valve head unseals from the first opening (¶ 41), and in a closed position, the valve head is biased in a direction toward the inner surface of the inlet housing such that the upper surface of the valve head seals the first opening and the valve head conforms to a shape of the inner surface of the inlet housing (Figure 8 and ¶ 44).
Regarding Claim 10, Harashima discloses where the first opening defines an area of the inner surface of the inlet housing engaged against the upper surface of the valve head (see Annotated Figure A), and the second opening defines an area of the inner surface of the outlet housing engaged against the valve stem (see Annotated Figure A), the area of the second opening being smaller than the area of the first opening (see Annotated Figure A).
Regarding Claim 11, Harashima discloses where the valve member (3) comprises an umbrella-like shape (Figure 1).
Regarding Claim 13, Harashima disclose where the upper surface of the valve head is configured to engage against a rim of the first opening (see Annotated Figure A).
Regarding Claim 14, Harashima disclose where a thickness of the valve head decreases from the central portion towards a periphery of the valve head (thickest at the stem and narrowing out to the periphery as seen in Figure 6).
Regarding Claim 15, Harashima disclose where the valve stem (see Annotated Figure A) is positioned within the second opening (see Annotated Figure A).
Regarding Claim 17, Harashima discloses a method for providing an IV check valve (¶ 2; Figure 1). The method comprising:
providing an inlet housing (21) and an outlet housing (22) such that a valve chamber (see Annotated Figure A) is formed between an inner surface of the inlet housing (see Annotated Figure A) and an inner surface of the outlet housing (see Annotated Figure A), the inner surface of the inlet housing comprising a first opening (see Annotated Figure A) and a first fluid passage extending from the first opening to an outer surface of the inlet housing (to 23), and the inner surface of the outlet housing comprising a second opening (see Annotated Figure A) and a second fluid passage extending from the second opening to an outer surface of the outlet housing (to 24); and
providing a valve member (3) comprising a valve head (see Annotated Figure A) and a valve stem (see Annotated Figure A), the valve member positioned within the valve chamber with a central portion of an upper surface of the valve head engaged against the first opening (see Annotated Figure A), a gap between a periphery of the upper surface of the valve member and the inner surface of the inlet housing (Figure 6 at 34), and the valve stem extending longitudinally from the valve head to the outlet housing (see Annotated Figure A);
wherein in an open position, the valve head is biased in a direction away from the inner surface of the inlet housing such that the upper surface of the valve head unseals from the first opening (¶ 41), and in a closed position, the valve head is biased in a direction toward the inner surface of the inlet housing such that the upper surface of the valve head seals the first opening and the valve head conforms to a shape of the inner surface of the inlet housing (Figure 8 and ¶ 44).
Regarding Claim 18, Harashima disclose where the upper surface of the valve head is configured to engage against a rim of the first opening (see Annotated Figure A).
Regarding Claim 19, Harashima disclose where the valve stem (see Annotated Figure A) is positioned within the second opening (see Annotated Figure A).
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.
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) 4 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harashima (US 20190024810) in view of Brost (US 3889710).
Regarding Claims 4 and 12, Harashima discloses all essential elements of the current invention as discussed above but fails to expressly disclose where the inner surface of the inlet housing comprises a dome shape.
Brost teaches a check valve (Figures 2-3) with an inlet housing (11) that has an inner surface (21) where the inner surface of the inlet housing comprises a dome shape (Figures 2-3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the inner surfacer of Harashima to be dome shaped as taught by Brost since a change in shape of an element involves only routine skill in the art. The motivation for doing so would be to allow a continuous seating area for the valve head. Furthermore, absent a teaching as to criticality that having an inner surface be dome shaped, this particular arrangement is deemed to have been known by those skilled in the art since the instant specification and evidence of record fail to attribute any significance (novel or unexpected results) to a particular arrangement. In re Kuhle, 526 F.2d 553,555,188 USPQ 7, 9 (CCPA 1975).
Allowable Subject Matter
Claims 8, 16 and 20 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.
Conclusion
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/NICOLE GARDNER/
Examiner, Art Unit 3753
/REINALDO SANCHEZ-MEDINA/Primary Examiner, Art Unit 3753
1 The recitation “IV” in an “IV check valve” has not been given patentable weight because the recitation occurs in the preamble. A preamble is generally not accorded any patentable weight where it merely recites the purpose of a process or the intended use of a structure, and where the body of the claim does not depend on the preamble for completeness but, instead, the process steps or structural limitations are able to stand alone. See In re Hirao, 535 F.2d 67, 190 USPQ 15 (CCPA 1976) and Kropa v. Robie, 187 F.2d 150, 152, 88 USPQ 478, 481 (CCPA 1951).
2 The recitation “IV” in an “IV check valve” has not been given patentable weight because the recitation occurs in the preamble. A preamble is generally not accorded any patentable weight where it merely recites the purpose of a process or the intended use of a structure, and where the body of the claim does not depend on the preamble for completeness but, instead, the process steps or structural limitations are able to stand alone. See In re Hirao, 535 F.2d 67, 190 USPQ 15 (CCPA 1976) and Kropa v. Robie, 187 F.2d 150, 152, 88 USPQ 478, 481 (CCPA 1951).