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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) 04/06/2026 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Regarding the amended limitation(s); It should be noted that the specification of the present application discloses wherein:
[0022] … As illustrated in Figs. 4A and 4B, the thermostatic set point of thermostat 100 is based on the advancement or retraction of dial stem 8 in relation to sleeve 23. In one embodiment, dial stem 8 is preferably threaded such that advancement and/or retraction of dial stem 8 can be accomplished by twisting dial stem 8 to a target temperature that is illustrated on dial face 10. Twisting dial stem 8 will result in advancement or retraction relative to sleeve 23 due to their threaded interface. Adjusting the position of conical valve seat of dial stem port 19 provides adjustability in the temperature at which actuation of peanut valve 11 occur.
Accordingly, the limitation is being interpreted at this time as a dial stem or the equivalent thereof. Furthermore, with regards to prior art reference DeMeyer US-4637546-A, "When the prior art device is the same as a device described in the specification for carrying out the claimed method, it can be assumed the device will inherently perform the claimed process." see MPEP 2112.02.
For more information, please see the rejection below.
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 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) 21-28 and 30-32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Quix US-20220120521-A1 in view of DeMeyer US-4637546-A.
21. (Amended) Quix US-20220120521-A1 discloses
A pneumatic thermostat [FIG.1] heat exchanger 3 defining a cavity in communication with an end device comprising a bypass stem [FIG.2] 24, 25 configured to, when actuated to a bypass position, allow a flow of fluid through the pneumatic thermostat, supplying a bypass pressure to an end device during a bypass operation,
(Quix [0044; FIG.5] … the coolant coming from the internal combustion engine 2 flows only into the third coolant line 13, that is to say through the bypass line
[0044, 0054] It will be appreciated that the first through eighth working states may be adjusted based on coolant temperatures and charge pressures)
,
DeMeyer US-4637546-A discloses in a similar invention field of endeavor, a consideration for pneumatic differential pressure controller wherein “…the bypass stem is moved to the bypass position by a force manually generated externally of the thermostat”;
(DeMeyer [c.7 l.20] Accordingly, and as shown in FIG. 2, the controller 10 may also include a pin valve 31 and a flow restrictor 101 for adjusting the magnitude of the thermostat control component readjustment signal which is directed to the third port 33. The pin valve 31 includes an adjustment dial 103, a stem 105 threadably received into the cover 83 and a point 107 which coacts with a circular seat 109 for controllably restricting the flow of air therethrough.)
It would have been obvious to one of ordinary skill in the art before the time the instant application was effectively filed to adapt the modified system of Quix to include wherein the bypass stem is moved to the bypass position by a force manually generated externally of the thermostat with a reasonable expectation for success, as taught by DeMeyer, for the benefit of controllably restricting an operational flow/passage.
wherein the bypass stem is autonomously returned to a normal position when a vessel temperature has returned to, or above, a target temperature.
(Quix [0046] … the temperature of the coolant is above the third threshold temperature… In this working state, the coolant coming from the internal combustion engine 2 thus flows through the second coolant line 12 to the heat exchanger 3 but not through the third coolant line 13. In this way, the bypass line is blocked and all coolant from the thermostat valve 20 flows to the heat exchanger 3 in the fourth working state.)
22. (Previously Presented) Quix (US-20220120521-A1) discloses
The pneumatic thermostat of claim 21, wherein the bypass pressure holds the bypass stem in the bypass position [0049] In the seventh working state… There is a high charge pressure in the intake tract 4, and therefore the actuator 39 is activated.
23. (Previously Presented) Quix (US-20220120521-A1) discloses
The pneumatic thermostat of claim 22, wherein the bypass stem is configured to autonomously return to the normal position when the bypass pressure is reduced [0046] …fourth working state… There is a low charge pressure in the intake tract 4, and therefore the actuator 39 is not activated… thus flows through the second coolant line 12 to the heat exchanger 3 but not through the third coolant line 13. In this way, the bypass line is blocked and all coolant from the thermostat valve 20 flows to the heat exchanger 3 in the fourth working state.
24. (Previously Presented) Quix (US-20220120521-A1) discloses
The pneumatic thermostat of claim 21, wherein the bypass stem is configured to, when actuated to the bypass position [FIG.6], isolate a low temperature vent [FIG.6] coolant line 12 vent/opening from escaping the pneumatic thermostat [0047] In a fifth working state of the thermostat valve 20, as shown in FIG. 6, the temperature of the coolant is below the first threshold temperature… the actuator 39 is activated. The movement of the transmission pin 25 which is brought about thereby brings about opening of the connections, as explained with reference to FIG. 3, and therefore all coolant flows to the bypass via the third coolant line 13.
25. (Amended) the limitation(s) is/are similar in scope to those disclosed in the system of claim(s) 21 and are therefore rejected under the same premise, for more information please see the rejection in re claim(s) 21.
26. (Previously Presented) the limitation(s) is/are similar in scope to those disclosed in the system of claim(s) 24 and are therefore rejected under the same premise, for more information please see the rejection in re claim(s) 24.
27. (Previously Presented) the limitation(s) is/are similar in scope to those disclosed in the system of claim(s) 22 and are therefore rejected under the same premise, for more information please see the rejection in re claim(s) 22.
28. (Previously Presented) the limitation(s) is/are similar in scope to those disclosed in the system of claim(s) 23 and are therefore rejected under the same premise, for more information please see the rejection in re claim(s) 23.
30. (New) the limitation(s) is/are similar in scope to those disclosed in the system of claim(s) 21 and are therefore rejected under the same premise, for more information please see the rejection in re claim(s) 21.
31. (New) Quix US-20220120521-A1 discloses
The pneumatic thermostat of claim 21, wherein the bypass stem is biased toward a non-bypass, resting position.
(Quix [0046] In a fourth working state of the thermostat valve 20, as shown in FIG. 5, the temperature of the coolant is above the third threshold temperature. In one example, the temperature of the coolant is greater than 95° C. There is a low charge pressure in the intake tract 4, and therefore the actuator 39 is not activated.)
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Quix: FIG.5
32. (New) Quix US-20220120521-A1 discloses
The method of claim 25, wherein the bypass stem is biased toward a non-bypass, resting position.
(Quix [0046] In a fourth working state of the thermostat valve 20, as shown in FIG. 5, the temperature of the coolant is above the third threshold temperature. In one example, the temperature of the coolant is greater than 95° C. There is a low charge pressure in the intake tract 4, and therefore the actuator 39 is not activated.)
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Quix: FIG.5
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action.
Contact
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW JOHN MOSCOLA whose telephone number is (571)272-6944.
The examiner can normally be reached M-F 7:30-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abby Flynn can be reached on (571) 272-9855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M.J.M./Examiner, Art Unit 3663
/TYLER J LEE/ Primary Examiner, Art Unit 3663
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