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 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) 21-28 is/are rejected under 35 U.S.C. 102(a)(1) as being unpatentable over Quix (US20220120521A1).
21. (New) Quix (US-20220120521-A1) discloses A pneumatic thermostat defining a cavity [FIG.2] in communication with an end device [FIG.1] heat exchanger 3 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 [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...,
supplying a bypass pressure to an end device during a bypass operation [0044, 0054] It will be appreciated that the first through eighth working states may be adjusted based on coolant temperatures and charge pressures.,
wherein the bypass stem is autonomously returned to a normal position when a vessel temperature has returned to, or above, a target temperature [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. (New) 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. (New) 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. (New) 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. (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.
26. (New) 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. (New) 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. (New) 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.
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) 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Quix (US20220120521A1) in view of Peters (US-4010770-A).
29. (New) Quix (US20220120521A1) discloses A pneumatic thermostat comprising: a valve assembly comprising: a dual seat valve seat valves 28, 29, and 27; [0039-0040; FIG.2-9], a first valve seat disposed or formed onto on a first end of the dual seat valve first valve seat 27, a second valve seat disposed or formed onto a second end of the dual seat valve outer seat valve 28, a passageway connecting the first valve seat and the second valve seat inner space of thermostat valve 20; [FIG.2-9], and a connecting member disposed within the passageway transmission pin 25; [0044], the connecting member rigidly connecting a first *** to a second **** valve disk 31, 32 and configured to translate within the passageway; and the first **** is configured to seat against the first valve seat and the second **** configured to seat against the second valve seat [FIG.2-9].
Quix lacks distinctly disclosing the following underlined limitations:
… a first ball to a second ball
Regarding the limitation; “…a first ball to a second ball”, Peters (US-4010770-A) discloses in a similar invention field of endeavor, a consideration for [col.4 ln.7] … velocity flow control valve 40 is shown in its normal operating condition in which fluid pressure from main flow line 10 is transmitted to manifold 34 with spring 62 urging valve ball 64 away from seat 58 so that fluid bypasses ball valve 64.
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 a ball plug with a reasonable expectation for success, as taught by Peters, for the benefit of providing a plug shape configured to securely seat/close within an opening/valve, providing fluid control.
Conclusion
It should be noted that there exists prior art which is pertinent to significant though unclaimed features of the defined invention or directed to the state of art. The following is a brief description of relevant prior art cited but not applied:
Pareja (US-4171708-A) discloses in a similar invention, a consideration for [col.4 l.40] In operation, when the force available from output pressure exceeds the force of biasing spring 17, and accounting for the area lost due to the cross-sectional area of stem 16, the entire piston assembly 15 will move upwardly to the extent that inner ends 18 of stem 16 will unseat ball check 19, and thus permit the passage of fluid from the inlet through channel 46, and thence outwardly through bypass 14.
See PTO-892: Notice of references cited.
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
/ABBY J FLYNN/Supervisory Patent Examiner, Art Unit 3663