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
Applicant’s election without traverse of Species A, Figures 1-3 in the reply filed on 11/17/2025 is acknowledged.
No claims stand currently withdrawn.
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Europe on 8/29/2023. It is noted, however, that applicant has not filed a certified copy of the EP23194016.4 application as required by 37 CFR 1.55.
Per the communication on 1/29/2025, the Office attempted to retrieve, under the priority document exchange program, the foreign application to which priority is claimed. However, the retrieval failed.
Information Disclosure Statement
The information disclosure statements (IDSs) dated 8/21/2024 and 9/5/2025 have been received and considered.
Drawings
The drawings are objected to because hatching has not been shown to indicate sectional portions of the figures in accordance with 37 CFR 1.84(h)(3).
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 8-9 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.
Claim 8 recites the limitation "the free end" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 is rejected due to its dependency on claim 8.
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) 1-3, 6, and 8-13, claims 8-9 as far as they are definite, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Toto Ltd (JPH0246378)(supplied by the applicant in the IDS dated 8/21/2024).
Toto discloses a valve, comprising a valve housing (40) with a valve chamber (within 40), wherein the valve chamber has a chamber wall (the walls that define the chamber and in which the valve “V” is located) into which at least one fluid channel opens (see the channels along where numerals 16 and 17 are located in fig. 2, additionally below numeral 23 in fig. 2), wherein a valve core (V) is mounted in the valve chamber, wherein the valve core is provided with a channel structure (41, 42) which interacts with the fluid channel, wherein a seal (16 and/or 17) is allocated to the fluid channel, the seal having a sleeve-shaped retaining body (the elongated portion where the lead lines for numerals 16 and 17 are located), wherein the retaining body is arranged in the fluid channel (fig. 2), wherein a sealing body (the radially inward portion that is located closer to the valve core V) is arranged on one end face of the retaining body (fig. 2), and wherein the sealing body has a curved sealing contour which points in the direction of the valve core (the surface area that contacts the valve core V, which will have a curved contour that matches the curved contour of the cylindrical valve core, especially due to the deformation of the sealing member at the area of contact with the valve core and taking a complementary curved shape in order to provide the sealing effect between the seal and valve core).
Regarding claim 2, Toto further discloses wherein the sealing body is bent in a collar-shaped manner (see the bent area at Detail A in the annotated figure below).
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Regarding claim 3, Toto further discloses wherein a section of the sealing body is bent in a U-shaped manner, wherein the section bears sealingly against the valve core (see the area of Detail B in the annotated figure above).
Regarding claim 6, Toto further discloses wherein the seal is formed in one piece (see the seal being one piece in fig. 2).
Regarding claim 8, Toto further discloses wherein the free end of the sealing body points in the direction of the chamber wall (see the left facing surface of 16 at Detail A in the annotated figure above contacting the channel structure that forms part of the chamber wall).
Regarding claim 9, Toto further discloses wherein the free end of the sealing body bears against the chamber wall (see the left facing surface of 16 at Detail A in the annotated figure above contacting the channel structure that forms part of the chamber wall).
Regarding claim 10, Toto further discloses wherein the valve core is floatingly mounted in the fluid channel (fig. 2, and in the same manner as the applicant’s device).
Regarding claim 11, Toto further discloses wherein the sealing body is bent in an S-shaped manner between the free end and the U-shaped section (see the section of the sealing body leading from the lead line at Detail A to the area of Detail B, starting from the top left, the sealing body swoops down and to the right to the U-shaped section in the same manner as the applicant’s sealing body and especially as the limitation of “S-shaped manner” is broad and subjective).
In the event that applicant is not convinced that the above area of the sealing body is “bent in an S-shaped manner”, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the sealing body area of Toto by having curvature in the directional transition portions such that it is bent in an “S-shaped manner”, since it has been held that a change in shape of a component generally involves only routine skill in the art. See MPEP2144.04. The motivation for doing so would be to have a functionally similar seal that provides for more gradual transitions that are less prone to snagging.
Regarding claim 12, Toto further discloses the valve formed as a rotary valve, wherein the valve core is rotatably mounted in the valve chamber (see claim 1 found on page 1 of the 9 page document submitted by the applicant).
Regarding claim 13, Toto further discloses the valve formed as a proportional valve (by rotation, the valve will change the proportions of flow through the valve, such as fully on or fully off, see claim 1 found on page 1 of the 9 page document submitted by the applicant).
Claim Rejections - 35 USC § 103
Claim(s) 1-3, 6, and 8-13, claims 8-9 as far as they are definite, is/are rejected under 35 U.S.C. 103 as being unpatentable over Toto in view of Oikawa et al. (U.S. 9,567,894).
Regarding claim 1, in the event that applicant is not convinced that Toto discloses the sealing body having a curved sealing contour, Oikawa teaches it was known in the art to have a seal (77) that has a curved sealing contour that contacts a rotary valve member (at 80, 81 in fig. 4).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the sealing body of Toto by having the sealing body have a curved sealing contour that points in the direction of and contacts the valve core as taught by Oikawa in order to provide a greater surface contact area that more closely matches the curvature of the rotary member to provide a better seal.
Regarding claim 2, Toto as modified further discloses wherein the sealing body is bent in a collar-shaped manner (see the bent area at Detail A in the annotated figure above).
Regarding claim 3, Toto as modified further discloses wherein a section of the sealing body is bent in a U-shaped manner, wherein the section bears sealingly against the valve core (see the area of Detail B in the annotated figure above).
Regarding claim 6, Toto as modified further discloses wherein the seal is formed in one piece (see the seal being one piece in fig. 2).
Regarding claim 8, Toto as modified further discloses wherein the free end of the sealing body points in the direction of the chamber wall (see the left facing surface of 16 at Detail A in the annotated figure above contacting the channel structure that forms part of the chamber wall).
Regarding claim 9, Toto as modified further discloses wherein the free end of the sealing body bears against the chamber wall (see the left facing surface of 16 at Detail A in the annotated figure above contacting the channel structure that forms part of the chamber wall).
Regarding claim 10, Toto as modified further discloses wherein the valve core is floatingly mounted in the fluid channel (fig. 2, and in the same manner as the applicant’s device).
Regarding claim 11, Toto as modified further discloses wherein the sealing body is bent in an S-shaped manner between the free end and the U-shaped section (see the section of the sealing body leading from the lead line at Detail A to the area of Detail B, starting from the top left, the sealing body swoops down and to the right to the U-shaped section in the same manner as the applicant’s sealing body and especially as the limitation of “S-shaped manner” is broad and subjective).
Regarding claim 12, Toto as modified further discloses the valve formed as a rotary valve, wherein the valve core is rotatably mounted in the valve chamber (see claim 1 found on page 1 of the 9 page document submitted by the applicant).
Regarding claim 13, Toto as modified further discloses the valve formed as a proportional valve (by rotation, the valve will change the proportions of flow through the valve, such as fully on or fully off, see claim 1 found on page 1 of the 9 page document submitted by the applicant).
Claim(s) 4-5 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Toto in view of Scaramucci (U.S. 9,328,828).
Regarding claims 4-5 and 7, Toto discloses the claimed invention but does not appear to disclose the seal formed from a dimensionally stable plastic, a tough-hard plastic (claim 5), or a thermoplastic (claim 7). Per paragraph 39 (and paragraph 13) of the applicant’s specification, this material is described as being either polypropylene or polyamide.
Scaramucci teaches it was known in the art to have a seal that is made of polypropylene (col. 4, ll. 25-26).
As applicant’s specification describes polypropylene as being an exemplary material that is dimensionally stable and a thermoplastic (and is also a tough-hard plastic example per paragraph 13 of the applicant’s specification), and Scaramucci teaches it was known in the art to use polypropylene for a seal in a valve assembly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the material of the seal of Toto by having the seal be made of polypropylene as taught by Scaramucci in order to have the seal be of a good mechanical strength with flexibility that is also relatively inexpensive and easy to acquire and especially as it has been held that selection of a known material on the basis of its suitability for an intended use involves only routine skill in the art. See MPEP2144.07.
Claim(s) 4-5 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Toto in view of Oikawa as applied to claim 1 above, and further in view of Scaramucci.
Regarding claims 4-5 and 7, Toto as modified discloses the claimed invention but does not appear to disclose the seal formed from a dimensionally stable plastic, a tough-hard plastic (claim 5), or a thermoplastic (claim 7). Per paragraph 39 (and paragraph 13) of the applicant’s specification, this material is described as being either polypropylene or polyamide.
Scaramucci teaches it was known in the art to have a seal that is made of polypropylene (col. 4, ll. 25-26).
As applicant’s specification describes polypropylene as being an exemplary material that is dimensionally stable and a thermoplastic (and is also a tough-hard plastic example per paragraph 13 of the applicant’s specification), and Scaramucci teaches it was known in the art to use polypropylene for a seal in a valve assembly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the material of the seal of Toto by having the seal be made of polypropylene as taught by Scaramucci in order to have the seal be of a good mechanical strength with flexibility that is also relatively inexpensive and easy to acquire and especially as it has been held that selection of a known material on the basis of its suitability for an intended use involves only routine skill in the art. See MPEP2144.07.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
McLane et al. (U.S. 2007/0267588) discloses a rotary valve with a curved seal.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL R REID whose telephone number is (313)446-4859. The examiner can normally be reached on Monday-Friday 9am-5pm est.
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 supervisors can be reached by phone. Craig Schneider can be reached at 571-272-3607, or Ken 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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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) Form at https://www.uspto.gov/patents/uspto-automated- interview-request-air-form.
/MICHAEL R REID/ Primary Examiner, Art Unit 3753