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 .
His action is in response to the filing made 7/25/2024.
Claims 1-9 are pending.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 1-9 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 1
Line 6 – there is a lack of antecedent basis for “the mobile part”.
Lines 9, 21 – recite first and second plugs that are “axially displaceable”, which is not clear because the axis is not identified.
Claim 2
Lines 4 and 8 recite, “which makes communicate”, which is not clear, it appears to be a case of awkward grammar.
Line 12
There is a lack of antecedent basis for “the axis”.
Claims dependent upon those specifically discussed above are likewise rejected for incorporating the deficiencies of the parent claims.
In the interests of compact prosecution, the claims are examined herein against the art as best as possible, notwithstanding the lack of clarity in the claims. If amendments are made to resolve the clarity issues, new searches for prior art will be necessary.
Allowable Subject Matter
The closest prior art of record is DE 20 2010 017643 to Wahller, 2021-04-18. ( a copy of the patent with an English translation was provided by applicant and is already in the file wrapper).
Regarding claim 1, Wahler teaches a thermostatic valve (10, par. 27), including:
a housing (par. 27, 38, items 12, 16), which is single-piece and through which a fluid can flow between first (19), second (17) and third paths (18),
a thermostatic element (par. 28, item 20) which includes a fixed part (par. 28, item 25), fixedly connected to the housing, and a movable part, movable along an axis with respect to the fixed part (par. 28, 32, items 21), the mobile part deploying axially with respect to the fixed part under the action of an expansion of a thermally expandable material of the thermostatic element, (par. 28)
a first plug (par. 31, 22) which is:
axially displaceable relative to a first seat (par. 31, item 24) , which is integral with the housing (Fig. 1, 12, 16) , between a first closed configuration ( Fig. 1, par. 33) , wherein the first plug is in contact with the first seat (24) so as to prevent fluid from flowing between the first (19) and second (17) paths through the housing, and a first open configuration (Fig. 4), wherein the first plug (22,31) is spaced from the first seat (24) so as to allow fluid to flow between the first and second paths (19, 17) through the housing (12, 16), and
supported by the movable part (21) so that, during the expansion of the thermally expandable material, the movable part moves the first plug relative to the housing by making (Fig. 4, par. 32) , on the one hand, the first plug stay in the first closed configuration when the movable part is extended relative to the fixed part within a predetermined stroke and, on the other hand, moving the first plug into the first open configuration when the movable part is deployed relative to the fixed part beyond said predetermined stroke (par. 32), and
a second plug (par. 31) which is:
axially displaceable in relation to a second seat (13, 12, 16, par. 38), which is integrated into the housing and is axially spaced from the first seat (24), between a second closed configuration (Fig. 1, 6, par. 38) , wherein the second plug contacts the second seat so as to prevent fluid from flowing between the first (19) and third (18) paths through the housing, and a second open configuration, wherein the second plug is spaced from the second seat so as to allow fluid to flow between the first and third paths through the housing (par. 38) , and
supported by the movable part so that, upon expansion of the thermally expandable material, the movable part moves the second plug relative to the housing by moving the second plug from the second closed configuration to the second open configuration when the movable part is deployed relative to the fixed part within said predetermined stroke, (par. 38)
The art of record does not teach, the housing is a one-piece housing; the second plug is moved from its second closed configuration to its second open configuration when the movable portion is moved with respect to the fixed portion below a predetermined stroke, i.e. before the opening of the first plug; in orthogonal projection onto a geometric plane perpendicular to the axis (X-X), the first plug is inscribed inside the second seat.
The dependent claims all depend from claim 1.
All of the claims will be allowable provided that the rejections under 35 USC 112 are resolved without broadening the scope of the claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HENRY T CRENSHAW whose telephone number is (571)270-1550. The examiner can normally be reached M-F 9:00 am to 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JD Fletcher can be reached on 571-270-5054. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HENRY T CRENSHAW/Primary Examiner, Art Unit 3763
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