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 .
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.
Claim(s) 1-4, 17, and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Osmun et al. (U.S. Patent No. 11,913,370).
Regarding claim 1, Osmun et al. disclose a modular actuator (Figs. 1-11), comprising: a motor (Column 3 lines 47-58); a drive device (Column 3 lines 47-58) driven by the motor and coupled to a movable component (Column 3 lines 47-58) for driving the movable component; and a housing (108 & 120) configured to house the motor and the drive device therein (Column 3 lines 47-58), and support modular interfacing (152) with a plurality of fail-safe assemblies (130, Column 4 lines 49-63).
Regarding claim 2, Osmun et al. disclose the modular actuator (Figs. 1-11), wherein in absence of a fail-safe assembly (130), the movable component retains a last position in response to power failure or control signal failure (remains in undesired position, Column 4 lines 1-7).
Regarding claim 3, Osmun et al. disclose the modular actuator (Figs. 1-11), wherein a fail-safe assembly (130) coupled to the housing (108 & 120) operates the motor to drive the movable component from a last position to a fail-safe position in response to power failure or control signal failure (Column 4 lines 1-19).
Regarding claim 4, Osmun et al. disclose the modular actuator (Figs. 1-11), wherein the fail-safe position (Column 4 lines 1-19) comprises one of an open position and a closed position of the movable component (desired default position).
Regarding claim 17, Osmun et al. disclose a modular fail-safe assembly (Figs. 1-11), for actuators (108), comprising: a return mechanism (130); and a housing (132) configured to house the return mechanism (130) and support modular interfacing (Column 4 lines 49-63) with a non-fail-safe actuator (108), wherein the return mechanism (130) is configured to implement a fail-safe operation in the non-fail-safe actuator (108) in response to power failure or control signal failure (Column 4 lines 1-19), wherein the return mechanism (130) is configured to be removably coupled to the modular fail-safe assembly (Column 4 lines 20-32).
Regarding claim 19, Osmun et al. disclose the modular fail-safe assembly (Figs. 1-11), wherein the return mechanism (130) comprises a spring (136).
Regarding claim 20, Osmun et al. disclose an actuator system (Figs. 1-11), for use in a heating, ventilating, or air conditioning (HVAC) system (intended use) to drive a movable HVAC component (Coolant valve), the actuator system comprising: one or more fail-safe assemblies (130) provided as modular attachments (Fig. 5); and a modular actuator (108) configured to support modular interfacing (152, Column 4 lines 49-63) with the one or more fail-safe assemblies (130), the one or more fail safe assemblies (130) being removably coupled (Column 4 lines 20-32) to the modular actuator (108), wherein in response to power failure or control signal failure (Column 4 lines 1-19), a fail-safe assembly (130), of the one or more fail-safe assemblies, is configured to implement a fail-safe operation that drives the movable HVAC component to a fail-safe position (Column 4 lines 1-19).
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.
Claim(s) 5 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Osmun et al. (U.S. Patent No. 11,913,370) in view of Weiss et al. (Pub. No. US 2020/0378517).
Regarding claim 5, Osmun et al. disclose the modular actuator (Figs. 1-11), wherein the plurality of fail-safe assemblies (130) comprise a spring return fail-safe assembly (130), but lacks disclosure of a capacitor return fail-safe assembly.
Weiss et al. teach a fail-safe assembly (1820) for an actuator (1800) comprising a capacitor return fail assembly (paragraphs 154-155).
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 spring return fail safe assembly of Osmun et al. with a capacitor return fail safe assembly as taught by Weiss et al. since they are considered art recognized equivalents in the art of the fail-safe assemblies that perform the same function of providing an energy source to a drive device in the event of a power failure (paragraph 155).
Regarding claim 18, disclose the essential features of the claimed invention but lack disclosure wherein the return mechanism comprises a capacitor.
Weiss et al. teach a fail-safe return mechanism (1820) for an actuator (1800) comprising a capacitor return mechanism (paragraphs 154-155).
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 spring return fail safe assembly of Osmun et al. with a capacitor return fail safe assembly as taught by Weiss et al. since they are considered art recognized equivalents in the art of the fail-safe assemblies that perform the same function of providing an energy source to a drive device in the event of a power failure (paragraph 155).
Claim(s) 6-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Osmun et al. (U.S. Patent No. 11,913,370).
Regarding claim 6, Osmun et al. disclose the modular actuator (Figs. 1-11), wherein the housing (108 & 120) comprises a base portion (base of 108 & 120) and a top cover portion (top cover illustrated in Fig. 1), wherein the motor and the drive device are housed within the base portion (Column 3 lines 47-58), but lacks disclosure of the top cover portion is removably coupled to conceal an opening of the base portion.
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 housing of the actuator to have a removable coupled top cover portion, since 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.
Regarding claim 7, Osmun et al. disclose the essential features of the claimed invention but lack disclosure wherein the base portion comprises a seal member for ingress protection.
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 actuator housing with a seal member since the Examiner takes Official Notice that it is well known in the art of fluid handling to have a seal member in between two components to maintain fluid tight components and preventing leakage.
Regarding claim 8, Osmun et al. disclose the modular actuator (Figs. 1-11), wherein the base portion (108 & 120) comprises a modular interface (152) that enables a fail-safe assembly (130) among the plurality of fail-safe assemblies (130) to be removably coupled to the opening (Fig. 5) of the base portion upon removal of the top cover portion (modified above).
Regarding claim 9, Osmun et al. disclose the modular actuator (Figs. 1-11), wherein the base portion (108 & 120) further comprises one or more electrical connectors (154) electrically coupled to the motor (Column 4 lines 60-63), but lacks disclosure wherein the electrical connectors are spring-loaded electrical connectors.
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 electrical connector of Osmun et al. with spring-loaded electrical connectors since the Examiner takes Official Notice of the equivalence of spring loaded electrical connectors and the electrical connector for their use in the electrical connectors art and the selection of any of these known equivalents to provide an electrical connection between two elements would be within the level of ordinary skill in the art.
Allowable Subject Matter
Claims 10-16 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ulicny (U.S. Patent No. 6,015,142) disclose a similar actuator having fail safe assembly module connected to an actuator housing.
Schellenberger (Pub. No. US 2025/0003516) disclose an actuator assembly having a fail-safe assembly module connected to the actuator.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Reinaldo Sanchez-Medina, telephone number 571-270-5168, fax number 571-270-6168. The examiner can normally be reached on Monday-Friday (7:30AM-4:00PM EST).
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/REINALDO SANCHEZ-MEDINA/Primary Examiner, Art Unit 3753
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