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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 6/10/2026 has been entered following the request for continued examination filed 7/10/2026. Therefore, claims 1-11, 19-25, and 28-33 as filed 6/10/2026 are pending for consideration.
Claim Objections
Claim 22 is objected to because of the following informalities: “The break check valve of claims 21” should be “The break check valve of claim 21”. Appropriate correction is required.
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) 31 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Allen et al. (US Patent 11,204,102).
Regarding Claim 31, Allen discloses a break check valve (Figures 23-27 especially) configured to be initially coupled to a pipe system fitting 2680 (as shown in Figure 26), the break check valve comprising: a valve body 110 defining a first axial end (lower end as shown in Figure 24), a second axial end (upper end as shown in Figure 24), an interior surface exposed to fluid received within the valve body (interior surface defining inner cavity 312 as shown in Figure 24), and an exterior surface isolated from fluid received within the valve body (exterior surface of 110 facing away from the inner cavity 312 as shown in Figure 24); the interior surface defining an inner cavity of the valve body (as described above), the valve body comprising a wall defining the interior surface and the exterior surface (the wall of Allen is seen to include the substantially cylindrical component indicated at 110 which defines the interior surface and the exterior surface as described above in combination with the cross member 320 which is formed with the cylindrical portion of 110), the wall defining a fluid passage inside the wall (fluid passage extending through hole 2318a of portion 320 of the wall as shown in Figure 24), the fluid passage comprising an inlet (inlet at the lower end of 2318a) in fluid communication with an outlet (outlet at the upper end of 2318a), the inlet and the outlet spaced apart on the interior surface (the surface which defines the cross member 320 forms part of the interior surface; the inlet and outlet of 2318 are spaced apart on the interior surface); at least one valve member 330a positioned inside the valve body 110 and hingedly coupled to the valve body (via pivot pin 340), each valve member 330a configured to rotate from an open position to a closed position only when the pipe system fitting is separated from the break check valve (col. 11, lines 43-55); wherein the fluid passage (fluid passage extending through hole 2318a as shown in Figure 24) defines the outlet (outlet at the upper end of 2318a as shown in Figure 24 as described above), the outlet oriented toward the at least one valve member (the outlet of 2318a is oriented toward the arm portion 2360 of the valve member; col. 12, lines 63-67) such that fluid exiting the outlet is directed to impinge on a hydraulic surface of the valve member and thereby hydraulically resists closure of the valve member (col. 12, line 63 – col. 13, line 7; it is noted that the surface of the arm is readable as a “hydraulic surface” at least because it is impacted by fluid flow).
Allowable Subject Matter
Claims 1-11, 19-25, 28-30, 32, and 33 are allowed.
Response to Arguments
Applicant's arguments filed 6/10/2026 with respect to claim 31 have been fully considered but they are not persuasive. Specifically, applicant argues that Allen fails to teach the limitations of claim 31 directed to the wall. These arguments are not persuasive because the wall of Allen is seen to include both the generally cylindrical structure indicated at element 110 in Figure 24 and the cross member 320. In view of this new interpretation of Allen, the wall of Allen is seen to include all of the limitations set forth in claim 31. Specifically, the wall of Allen defines the interior surface and the exterior surface of the cylindrical structure 110 as well as the cross member 320 which includes the fluid passage extending through hole 2318a.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN MURPHY whose telephone number is (571)270-5243. The examiner can normally be reached Monday - Friday 8am-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Craig Schneider can be reached at (571) 272-3607. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEVIN F MURPHY/ Primary Examiner, Art Unit 3753
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