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 § 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 1-3 and 6-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Heldberg et al. (US 2009/0114169 A1) and in view of Carns (US 2015/0241884 A1).
In regards to claim 1, Heldberg discloses a thermostatic valve assembly (see figs. 1-3) comprising: a valve body (valve 26 with shafts 28, 30, surface 38, 36 within housing 10) having a chamber (enclosed space within the valve, housing, including upper and lower parts 12, 14, see figs. 1-2); and a thermostatic assembly comprising an expansible element (expansible element 42), a ball valve component (38, 26) having a drive pin (actuating pin 32), and a plunger (transmission rod 46) having a drive opening (slot 48) that is configured to receive the drive pin (pin 32 received in 48, see fig. 1), wherein the plunger (46, 48) is connected to the expansible element (42, see fig. 1) and slideably secured within the chamber (46, 48, within housing 10, see paragraph 30) and configured to move between a first linear position and a second linear position (transmission rod 46 displaces linearly and axially, see paragraph 30; claim 10 and figs. 1-9), wherein the ball valve component is rotatably secured within the chamber (see fig. 2) and configured to move between a first rotational position about an axis when the plunger is in the first linear position (valve element 26 rotates about pivots 28, 30, see paragraph 29, when rod 46 is in first position, see fig. 2) and a second rotational position when the plunger is in the second linear position (valve element 26 rotates about pivots 28, 30, to second position where port 24 is opened, see paragraph 34, when rod 46 is in second displaced position, see figs. 4-9), and wherein the ball valve component comprises a body portion (valve element 26, rim 27, 36, 38) with a cavity (cavity within 26, see figs. 1-9) configured to direct fluid flow (coolant flow through cavity of 26, see paragraph 34-35), the body portion defining a first spherical portion (see below annotated fig. 2 and figs. 4-9) having a first radius defined between the axis and an exterior surface of the first spherical portion (see below annotated fig. 2 and figs. 4-9), and a second spherical portion (spherical portion of element 26, see paragraph 29) having a second radius defined between the axis and an exterior surface of the second spherical portion (see below annotated fig. 2 and figs. 4-9). In addition, Heldberg teaches that the ball valve component (26) is rotatably secured within the chamber (element 26 secured within housing via pair of shafts 28, 30 seated within segments 64, see figs. 1-9 and paragraph 33) and rotatable/placed between a first seal and a second seal (element 26 is capable of rotating between ring 60 and sealing elements 62, see figs. 1-6 and paragraphs 6-8, 26, 31,33, 8-11).
However, Heldberg does not explicitly teach that expansible element is wax.
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Carns discloses a thermostatic valve assembly (thermostatic valve 100, see figs. 1-4, and paragraphs 31-34) including a thermostatic assembly (valve actuator assembly 170) comprising a wax element (wax element 172), and a plunger (shroud 174 and gear 178), wherein the plunger is connected to the wax element (see fig. 11 and paragraph 28). In addition, Carns teaches a ball valve component (140) rotatably secured within the chamber between a first seal and a second seal (see below annotated fig. 2; fig. 1 and paragraph 34, wherein the ball valve element 140 rotates securely within the chamber between at least two sealed positions where flow from channel 104 is blocked towards channel 108 and flow from channel 112 is blocked towards channel 110, see figs. 2, 1 and paragraphs 26-27).
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It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the thermostatic valve assembly of Heldberg by providing wax element as the expansible element, wherein the plunger is connected to the wax element, and the ball valve element is capable of rotating between first and second sealed positions based on the teachings of Carns for the advantage of generating an actuating force for the valve element with temperature changes because wax expands and contracts in response to temperature changes (see paragraph 3, Carns).
In regards to claim 2, Heldberg as modified teaches the limitations of claim 1 and further discloses that the second radius is greater than the first radius (see above annotated fig. 2 and figs. 4-9).
In regards to claim 3, Heldberg as modified teaches the limitations of claim 1 and further discloses that the ball valve component is rotatably mounted relative to the valve body via a pair of pivot shafts (element 26 mounted via pair of shafts 28, 30, see figs. 2-9).
In regards to claim 6, Heldberg as modified teaches the limitations of claim 1 and further discloses that the body portion defines a transition portion (see below annotated figs. 7 and 2) between the first spherical portion and the second spherical portion (see transition portion adjacent outer surface of valve element 26, figs. 1-9).
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In regards to claim 7, Heldberg as modified teaches the limitations of claim 6 and further discloses that the transition portion comprises a sloped region or a planar region (see above annotated figs. 7 and 2).
In regards to claim 8, Heldberg as modified teaches the limitations of claim 6 and further discloses that the transition portion comprises a sloped region and a planar region (see below annotated fig. 2).
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In regards to claim 9, Heldberg discloses a thermostatic assembly (see figs. 1-3) for use in a thermostatic valve assembly (see valve and thermostatic element assembly, see figs. 1-3) having a chamber (enclosed space within the housing 10, including upper and lower parts 12, 14, see figs. 1-2), the thermostatic assembly comprising an expansible element (expansible element 42), a ball valve component (38, 26) having a drive pin (actuating pin 32), and a plunger (transmission rod 46) having a drive opening (slot 48) that is configured to receive the drive pin (pin 32 received in 48, see fig. 1), wherein the plunger (46, 48) is connected to the expansible element (42, see fig. 1) and slideably secured within the chamber (46, 48, withing housing 10, see paragraph 30) and configured to move between a first linear position and a second linear position (transmission rod 46 displaces linearly and axially, see paragraph 30; claim 10 and figs. 1-9), wherein the ball valve component is rotatably secured within the chamber (see fig. 2) about an axis (see pivots 28, 30) and configured to move between a first rotational position about an axis when the plunger is in the first linear position (valve element 26 rotates about pivots 28, 30, see paragraph 29, when rod 46 is in first position, see fig. 2) and a second rotational position when the plunger is in the second linear position (valve element 26 rotates about pivots 28, 30, to second position where port 24 is opened, see paragraph 34, when rod 46 is in second displaced position, see figs. 4-9), and wherein the ball valve component comprises a body portion (valve element 26, rim 27, 36, 38) with a cavity (cavity within 26, see figs. 1-9) configured to direct fluid flow (coolant flow through cavity of 26, see paragraph 34-35), the body portion defining a first spherical portion (see below annotated fig. 2 and figs. 4-9) having a first radius defined between the axis and an exterior surface of the first spherical portion (see below annotated fig. 2 and figs. 4-9), and a second spherical portion (spherical portion of element 26, see paragraph 29) having a second radius defined between the axis and an exterior surface of the second spherical portion (see below annotated fig. 2 and figs. 4-9).
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However, Heldberg does not explicitly teach that expansible element is wax.
Carns discloses a thermostatic valve assembly (thermostatic valve 100, see figs. 1-4, and paragraphs 31-34) including a thermostatic assembly (valve actuator assembly 170) comprising a wax element (wax element 172), and a plunger (shroud 174 and gear 178), wherein the plunger is connected to the wax element (see fig. 11 and paragraph 28).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the thermostatic valve assembly of Heldberg by providing wax element as the expansible element, wherein the plunger is connected to the wax element, based on the teachings of Carns for the advantage of generating an actuating force for the valve element with temperature changes because wax expands and contracts in response to temperature changes (see paragraph 3, Carns).
In regards to claim 10, Heldberg as modified teaches the limitations of claim 9 and further discloses that the second radius is greater than the first radius (see above annotated fig. 2 and figs. 4-9).
In regards to claim 11, Heldberg as modified teaches the limitations of claim 9 and further discloses that the ball valve component is rotatably mounted relative to the valve body via a pair of pivot shafts (element 26 mounted via pair of shafts 28, 30, see figs. 2-9).
In regards to claim 12, Heldberg as modified teaches the limitations of claim 9 and further discloses that the body portion defines a transition portion (see below annotated figs. 7 and 2) between the first spherical portion and the second spherical portion (see transition portion adjacent outer surface of valve element 26, figs. 1-9).
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In regards to claim 13, Heldberg as modified teaches the limitations of claim 12 and further discloses that the transition portion comprises a sloped region and a planar region (see below annotated fig. 2).
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In regards to claim 14, Heldberg discloses a ball valve component (38, 26 with housing 10) for use in a thermostatic assembly (see figs. 1-3) having an expansible element (expansible element 42), a plunger (transmission rod 46) having a drive opening (slot 48), the ball valve component comprising:
a drive pin (actuating pin 32) configured to engage the drive opening (pin 32 received in 48, see fig. 1);
a pair of pivot shafts (pivot shafts 28, 30); and
a body portion (26) configured to rotate about an axis via a pair of pivot shafts (26 rotated about pivot shafts 28, 30) to direct fluid flow (coolant flow through cavity of 26, see paragraph 34-35),
wherein the body portion comprises a first spherical portion (see below annotated fig. 2 and figs. 4-9) having a first radius defined between the axis and an exterior surface of the first spherical portion (see below annotated fig. 2 and figs. 4-9), and a second spherical portion (spherical portion of element 26, see paragraph 29) having a second radius defined between the axis and an exterior surface of the second spherical portion (see below annotated fig. 2 and figs. 4-9).
However, Heldberg does not explicitly teach that expansible element is wax.
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Carns discloses a thermostatic valve assembly (thermostatic valve 100, see figs. 1-4, and paragraphs 31-34) including a thermostatic assembly (valve actuator assembly 170) comprising a wax element (wax element 172), and a plunger (shroud 174 and gear 178), wherein the plunger is connected to the wax element (see fig. 11 and paragraph 28).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the thermostatic valve assembly of Heldberg by providing wax element as the expansible element, wherein the plunger is connected to the wax element, based on the teachings of Carns for the advantage of generating an actuating force for the valve element with temperature changes because wax expands and contracts in response to temperature changes (see paragraph 3, Carns).
In regards to claim 15, Heldberg as modified teaches the limitations of claim 14 and further discloses that the second radius is greater than the first radius (see above annotated fig. 2 and figs. 4-9).
In regards to claim 16, Heldberg as modified teaches the limitations of claim 14 and further discloses that the ball valve component is rotatably mounted in a valve body (housing 10) via a pair of pivot shafts (element 26 mounted via pair of shafts 28, 30, see figs. 2-9).
In regards to claim 17, Heldberg as modified teaches the limitations of claim 14 and further discloses that the body portion defines a transition portion (see below annotated figs. 7 and 2) between the first spherical portion and the second spherical portion (see transition portion adjacent outer surface of valve element 26, figs. 1-9).
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In regards to claims 18-20, Heldberg as modified teaches the limitations of claim 17 and further discloses that the transition portion comprises a sloped region and/or a planar region (see below annotated fig. 2).
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Claim 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Heldberg et al. (US 2009/0114169 A1) in view of Carns as applied to claim 4 above and further in view of Meier (US 2017/0175928 A1).
In regards to claim 5, Heldberg as modified teaches the limitations of claim 4 and further discloses that the one of the first and second seal is a polytetrafluoroethylene (PTFE) seal (seal ring 60 made of PTFE, see paragraph 31). However, Heldberg is silent about the material of one of the seals being polytetrafluoroethylene (PTFE).
Meier teaches a ball valve component (ball valve 26) is rotatably secured within a chamber (valve housing 2) between a first seal (first seal 24) and a second seal (second seal 24), wherein each of the first seal and the second seal is a polytetrafluoroethylene (PTFE) seal (PTFE ring seals 24 on first and second sides of the ball valve 26, see figs. 1-8 and paragraphs 22).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the thermostatic valve assembly of Heldberg by providing first and second seal of polytetrafluoroethylene (PTFE) seal to rotatably secure the ball valve within the chamber between the seals as taught by Meier in order to provide sealing surfaces for pressure resistant seal, so that the chamber is also sealed against pressure building up in the clearance volume between the ball valve component and the chamber (see paragraph 13, Meier).
Response to Arguments
Applicant's arguments filed 6/9/2026 have been fully considered but they are not persuasive. In response to applicant's argument, "Heldberg does not discloses first and second spherical portions with radius R1 and R2 respectively because valve element (26) of Heldberg is a partially spherical shape, which suggests single spherical geometry," examiner maintains the rejection of claims and appreciates applicant's agreement that Heldberg teaches at least one spherical portion with first/second radius. Examiner also points out that claim 1 requires first and second radii, which the claims do not require to be different size radii. In addition, Heldberg teaches two different spherical portions because Heldberg teaches two distinct radii (see below annotated fig. 3), and figure 3 shows two distinct radii, which the applicant attempted to present as having same radius (see annotated fig. 3, page 3, Remarks); however, the lengths of the radius lines as presented by the applicant are not equal lengths (as shown in below annotated fig. 3). Therefore, applicant’s argument is not found persuasive.
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In response to applicant's argument, "grooved surface of figure 2 of Heldberg cannot be considered first/second spherical portions because grooves do not define a spherical surface," examiner maintains the rejection of claims and points out that applicant's statement seems inconsistent because grooves could be placed on a spherical surface, where with respect to a center, shape of the body portion of the valve could be spherical and the outer surface of the spherical shape would contain grooves, such as shown in fig. 2 of Heldberg. In addition, examiner points out that though applicant argues “grooves do not define a spherical surface,” the claims do not contain a term “spherical surface,” rather the claims include spherical portions. Heldberg teaches two different spherical portions because Heldberg teaches two distinct radii (see annotated figs. 2-3 and below annotated fig. 3). Therefore, applicant’s argument is not found persuasive. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
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In response to applicant's argument, "Heldberg does not teach a second seal, as mentioned in claim 4, at its bypass even though Heldberg states that bypass is substantially blocked when fluid is routed to the radiator, and full sealing is unnecessary" examiner maintains the rejection of claims and points out that neither claims 1 and 4 require first and second seals as structural elements of the thermostatic valve nor do the claims require a full sealing by the ball valve rotation (see claims 1 and 4). In addition, examiner points out that as applicant admitted, Heldberg recognizes the use of first and second seals in a ball valve, where the valve component is rotatabley secured within the chamber between first and second seals, even though Heldberg mentions that sealing action relative to the bypass may not be needed fully. Also applicant erroneously equates the sealing action being not full needed at the bypass to Heldberg expressly teaching second seal being unnecessary, which is not supported by Heldberg (see paragraphs 6-8, Heldberg). In addition, the claims only require the ball valve component to be functional secured between two positions, which may contain seals and Heldberg teaches that the ball valve element is fully capable of being rotatably secured within the chamber between first and second seals (see paragraphs 6-11, 26, 31-33, Heldberg). Also Carns teaches that the ball valve component is rotatably secured within the chamber between a first seal and a second seal (see above rejection of claims). One of skill in the art would be motivated to combine the teachings of Carns with Heldberg to rotatably secure the ball valve component between first and second seals because operation of the valve between fixed positions allows control of the flow of fluid within the fluid circuit and subsequently efficiency of the system due to fluid flow control. Therefore, applicant’s argument is not found persuasive. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MERAJ A SHAIKH whose telephone number is (571)272-3027. The examiner can normally be reached on M-R 9:00-1:00 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, Jianying Atkisson can be reached on 571-270-7740. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MERAJ A SHAIKH/Examiner, Art Unit 3763
/JIANYING C ATKISSON/ Supervisory Patent Examiner, Art Unit 3763
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